12–14–09 Monday Vol. 74 No. 238 Dec. 14, 2009

Pages 66029–66212

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Contents Federal Register Vol. 74, No. 238

Monday, December 14, 2009

Agriculture Department Federal Communications Commission See Federal Crop Insurance Corporation NOTICES See Food and Nutrition Service Agency Information Collection Activities; Proposals, See Forest Service Submissions, and Approvals, 66129–66130 Meetings; Sunshine Act, 66130–66131 Commerce Department Federal Crop Insurance Corporation See Industry and Security Bureau RULES See International Trade Administration General Administrative Regulations: See Patent and Trademark Office Subpart X – Interpretations of Statutory and Regulatory NOTICES Provisions, 66029 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66085–66086 Federal Election Commission NOTICES Defense Department Filing Dates for the Florida Special Election in the 19th NOTICES Congressional District, 66131–66132 36(b)(1) Arms Sales Notifications, 66099–66111 Statement of Policy Regarding Placing First General Meetings: Counsel’s Reports on the Public Record, 66132–66133 Defense Business Board, 66111 Federal Emergency Management Agency Privacy Act; Systems of Records, 66111–66113 Renewal of Department of Defense Federal Advisory NOTICES Fee Schedule for Processing Requests for Map Changes, for Committees, 66113–66114 Flood Insurance Study Backup Data, etc., 66138–66141

Energy Department Federal Energy Regulatory Commission See Federal Energy Regulatory Commission NOTICES RULES Agency Information Collection Activities; Proposals, Inflation Adjustment of Civil Monetary Penalties, 66029– Submissions, and Approvals, 66114–66115 66034 Applications: Lock+ Hydro Friends Fund XIV, LLC, 66117 Lock+ Hydro Friends Fund XXI, LLC, 66116 Environmental Protection Agency Lock+ Hydro Friends Fund XXVIV, LLC, 66116 PROPOSED RULES Northbrook Carters Lake, LLC, 66117 Effluent Guidelines and New Source Performance Combined Notice of Filings, 66118–66124 Standards for the Airport Deicing Category; Extension Declaration of Intention: of Public Comment Period, 66082–66083 Evans Solutions, LLC, 66124–66125 NOTICES Madison Farms, 66125 Settlement: Environmental Impact Statements; Availability, etc.: Granville High School Mercury Superfund Site; Dominion Transmission, Inc., 66125–66127 Creedmoor, Granville County, NC, 66129 Filings: Glenns Ferry Cogeneration Partners, Ltd., 66128 Executive Office of the President McGrath, Eugene R., 66127–66128 See Presidential Documents Prior Notice of Activity Under Blanket Certificate: Eastern Shore Natural Gas Co., 66128–66129 Federal Aviation Administration Federal Highway Administration RULES NOTICES Airworthiness Directives: Final Federal Agency Actions on Proposed Highway in Cirrus Design Corporation Model SR22 Airplanes, 66040– California, 66196–66197 66042 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Federal Motor Carrier Safety Administration Model EMB–135BJ, –135ER, –135KE, –135KL, NOTICES –135LR, –145, –145ER, –145MR, –145LR, –145XR, Qualification of Drivers; Exemption Renewals; Vision, –145MP, and –145EP Airplanes, 66034–66038 66197 Eurocopter France (ECF) Model AS332C, AS332L, Request for Nominations: AS332L1, AS332L2, SA330F, SA330G, and SA330J Motor Carrier Safety Advisory Committee, 66198 Helicopters, 66038–66040 Eurocopter France Model SA 330 F, G, and J Helicopters, Federal Reserve System 66045–66047 NOTICES General Electric Co. CF6–80C2 Series Turbofan Engines; Change in Bank Control Notices; Acquisition of Shares of Correction, 66042 Bank or Bank Holding Companies, 66133 General Electric Company GE90–110B1, GE90–113B, and Formations of, Acquisitions by, and Mergers of Bank GE90–115B Series Turbofan Engines, 66042–66045 Holding Companies, 66133

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Fish and Wildlife Service Preliminary Affirmative Countervailing Duty Determination NOTICES and Alignment of Final Countervailing Duty Environmental Impact Statements; Availability, etc.: Determination, etc.: Laguna Atascosa National Wildlife Refuge, Cameron and Narrow Woven Ribbons with Woven Selvedge from the Willacy Counties, TX; Draft Comprehensive People’s Republic of China, 66090–66096 Conservation Plan, 66148–66150 Quarterly Update to Annual Listing of Foreign Government St. Johns National Wildlife Refuge, Brevard County, FL; Subsidies on Articles of Cheese Subject to an In-Quota Comprehensive Conservation Plan, 66147–66148 Rate of Duty, 66098–66099

Food and Drug Administration Labor Department RULES See Occupational Safety and Health Administration Implantation or Injectable Dosage Form New Animal Drugs: NOTICES Insulin, 66047–66048 Agency Information Collection Activities; Proposals, New Animal Drugs; Change of Sponsor’s Name and Submissions, and Approvals, 66151 Address, 66047 NOTICES Debarment Order: Land Management Bureau Peter Xuong Lam, 66133–66134 NOTICES Alaska Native Claims Selection, 66144–66146 Food and Nutrition Service Environmental Impact Statements; Availability, etc.: NOTICES Proposed Pacific Solar Investments Inc., Amargosa North Emergency Food Assistance Program; Availability of Foods Solar Project, Nye County, NV, 66146–66147 (Fiscal Year 2010), 66084–66085 Proposed Reinstatement of Terminated Oil and Gas Lease, WYW150316, Wyoming, 66150 Forest Service Proposed Reinstatement of Terminated Oil and Gas Lease, NOTICES WYW172439, Wyoming, 66150–66151 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66084 National Credit Union Administration NOTICES Health and Human Services Department Meetings; Sunshine Act, 66153 See Food and Drug Administration See National Institutes of Health National Institutes of Health Homeland Security Department NOTICES See Federal Emergency Management Agency Meetings: See U.S. Customs and Border Protection Center for Scientific Review, 66136 Eunice Kennedy Shriver National Institute of Child Housing and Urban Development Department Health and Human Development, 66136 NOTICES National Cancer Institute, 66136 Agency Information Collection Activities; Proposals, National Heart, Lung, and Blood Institute, 66134–66135 Submissions, and Approvals, 66141–66143 National Institute of Allergy and Infectious Diseases, 66135 Industry and Security Bureau National Institute on Deafness and Other Communication NOTICES Disorders, 66135 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66086–66087 Nuclear Regulatory Commission NOTICES Interior Department Confirmatory Order Modifying License: See Fish and Wildlife Service Duane Kuhn, 66153–66156 See Land Management Bureau Exelon Generating Co., LLC, Peach Bottom Atomic Power NOTICES Station, 66156–66159 Agency Information Collection Activities; Proposals, Consideration of Issuance of Amendment to Facility Submissions, and Approvals, 66143–66144 Operating License, etc.: Exelon Generation Co., LLC, 66159–66163 Internal Revenue Service Draft Regulatory Guide: Issuance, Availability, 66163–66164 RULES Fingerprinting and Criminal History Records Check Reduction in Taxable Income for Housing Hurricane Requirements: Katrina Displaced Individuals, 66048–66051 Licensees Authorized to Possess Radioactive Material Quantities of Concern, 66164–66168 International Trade Administration Order Imposing Increased Controls: NOTICES Licensees Authorized to Possess Radioactive Material Final Results of Antidumping Duty Administrative Review: Quantities of Concern, 66168–66173 Chlorinated Isocyanurates from the People’s Republic of Proposed Action to Decommission the University of China, 66087–66088 Arizona Reactor Facility, 66173–66174 Pure Magnesium from the People’s Republic of China, Renewal of Special Nuclear Material License No. SNM–180: 66089–66090 University of Texas at Austin, 66174

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Occupational Safety and Health Administration State Department NOTICES PROPOSED RULES Request for Nominations and Renewal of Charter: Schedule of Fees for Consular Services, Department of State Federal Advisory Council on Occupational Safety and and Overseas Embassies and Consulates, 66076–66079 Health, 66151–66153 NOTICES Culturally Significant Objects Imported for Exhibition Patent and Trademark Office Determinations: NOTICES Henri Cartier–Bresson; The Modern Century, 66195 Procedure for Treating Rejected Claims that Are Not Being Portrait of a Lady, 66194–66195 Appealed, 66097–66098 Renoir in the 20th Century, 66194

Postal Regulatory Commission Surface Transportation Board PROPOSED RULES NOTICES Periodic Reporting Rule, 66082 Abandonment Exemptions: Norfolk Southern Railway Co.; Chemung County, NY, Postal Service 66195–66196 PROPOSED RULES Discontinuance of Service Exemption: Eligibility for Commercial Flats Failing Deflection, 66079– Gloster Southern Railroad Company LLC, Amite and 66082 Wilkinson Counties, MS and East Feliciana Parish, LA, 66196 Presidential Documents PROCLAMATIONS Transportation Department Special Observances: See Federal Aviation Administration Human Rights Day, Bill of Rights Day, and Human Rights See Federal Highway Administration Week (Proc. 8464), 66209–66212 See Federal Motor Carrier Safety Administration EXECUTIVE ORDERS See Surface Transportation Board Committees; Establishment, Renewal, Termination, etc.: Federal Labor–Management Relations, National Council Treasury Department on; Establishment (EO 13522), 66201–66206 See Internal Revenue Service ADMINISTRATIVE ORDERS RULES Medical Homes in Federally Qualified Health Centers; Terrorism Risk Insurance Program: Medicare Demostration Project (Memorandum of Cap on Annual Liability, 66061–66068 December 9, 2009), 66207–66208 Recoupment Provisions, 66051–66061

Securities and Exchange Commission U.S. Customs and Border Protection NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66177–66178 Submissions, and Approvals, 66136–66138 Meetings; Sunshine Act, 66178 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 66178–66179 Veterans Affairs Department International Securities Exchange, LLC, 66190–66191 NOTICES NASDAQ OMX BX, Inc., 66179–66182, 66188–66190 Project Better Respiratory Equipment using Advanced NASDAQ Stock Market LLC, 66191–66193 Technologies for Healthcare Employees, 66198–66200 New York Stock Exchange LLC, 66182–66188, 66193– 66194 Separate Parts In This Issue Small Business Administration NOTICES Part II Disaster Declarations: Presidential Documents, 66201–66208 Arkansas, 66174–66175 Export Express Pilot Program, 66175 Meetings: Part III SBA North Florida District Advisory Council, 66175– Presidential Documents, 66209–66212 66176 Small Business Size Regulations; 8(a) Business Development/Small Disadvantaged Business Status Reader Aids Determinations, 66176–66177 Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, Social Security Administration and notice of recently enacted public laws. PROPOSED RULES Revised Medical Criteria for Evaluating Endocrine To subscribe to the Federal Register Table of Contents Disorders, 66069–66075 LISTSERV electronic mailing list, go to http:// Revised Procedures and Criteria for Payment of Vocational listserv.access.gpo.gov and select Online mailing list Rehabilitation Services Under the Cost Reimbursement archives, FEDREGTOC-L, Join or leave the list (or change Program, 66075–66076 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: 8464...... 66211 Executive Orders: 13522...... 66203 Administrative Orders: Memorandums: Memorandum of December 9, 2009 ...... 66207 7 CFR 400...... 66029 10 CFR 207...... 66029 218...... 66029 430...... 66029 490...... 66029 501...... 66029 601...... 66029 820...... 66029 824...... 66029 851...... 66029 1013...... 66029 1017...... 66029 1050...... 66029 14 CFR 39 (6 documents) ...... 66034, 66038, 66040, 66042, 66045 20 CFR Proposed Rules: 404 (2 documents) ...... 66069, 66075 416 (2 documents) ...... 66069, 66075 21 CFR 510...... 66047 522...... 66047 22 CFR Proposed Rules: 22...... 66076 26 CFR 1...... 66048 31 CFR 50 (2 documents) ...... 66051, 66061 39 CFR Proposed Rules: 111...... 66079 3050...... 66082 40 CFR Proposed Rules: 449...... 66082

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Rules and Regulations Federal Register Vol. 74, No. 238

Monday, December 14, 2009

This section of the FEDERAL REGISTER PART 400—GENERAL DATES: This rule is effective January 13, contains regulatory documents having general ADMINISTRATIVE REGULATIONS 2010. applicability and legal effect, most of which FOR FURTHER INFORMATION CONTACT: are keyed to and codified in the Code of ■ 1. The authority citation for 7 CFR Preeti Chaudhari, U.S. Department of Federal Regulations, which is published under part 400 continues to read as follows: 50 titles pursuant to 44 U.S.C. 1510. Energy, Office of the General Counsel, Authority: 7 U.S.C. 1506(l) and 1506(p). GC–71, 1000 Independence Avenue, The Code of Federal Regulations is sold by SW., Washington, DC 20585, (202) 586– the Superintendent of Documents. Prices of Subpart X—Interpretations of Statutory 8078. new books are listed in the first FEDERAL and Regulatory Provisions SUPPLEMENTARY INFORMATION: REGISTER issue of each week. ■ 2. Amend § 400.767 as follows: I. Background ■ a. Revise paragraphs (a)(1)(ii) and II. Method of Calculation III. Summary of Final Rule DEPARTMENT OF AGRICULTURE (a)(1)(iii). ■ b. Add a new section (a)(1)(iv) to read IV. Final Rulemaking V. Regulatory Review Federal Crop Insurance Corporation as follows: I. Background § 400.767 Requester obligations. 7 CFR Part 400 (a) * * * In order to preserve the deterrent (1) * * * effect of civil penalties and foster General Administrative Regulations; (ii) By facsimile at (202) 690–9911; compliance with the law, the Federal Subpart X—Interpretations of Statutory (iii) By electronic mail at Civil Penalties Inflation Adjustment Act and Regulatory Provisions [email protected]; or of 1990, 28 U.S.C. 2461 note, as (iv) By overnight delivery to the amended by the Debt Collection AGENCY: Federal Crop Insurance Associate Administrator, Risk Improvement Act of 1996 (Pub. L. 104– Corporation, USDA. Management Agency, United States 134) (‘‘the Act’’), requires Federal agencies to regularly adjust each CMP ACTION: Final rule; technical correction. Department of Agriculture, Stop 0801, Room 6092–S, 1400 Independence provided by law within the jurisdiction of the agency. Also, the Act in part SUMMARY: This document contains a Avenue, SW., Washington DC 20250. * * * * * requires each agency to make further correction to the e-mail address and fax adjustments at least once every four number that is currently displayed in Signed in Washington, DC, on December 7, years. the CFR. 2009. The Act provides that any increase in William J. Murphy, DATES: Effective Date: December 14, a CMP due to the calculated inflation 2009. Manager, Federal Crop Insurance adjustments shall apply only to Corporation. violations that occur after the date the FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–29676 Filed 12–11–09; 8:45 am] increase takes effect and states that the Heyward Baker, Director, Risk BILLING CODE 3410–08–P initial inflation adjustment may not Management Services Division, Federal exceed 10 percent of the existing Crop Insurance Corporation, telephone penalty. (202) 720–4232. DEPARTMENT OF ENERGY II. Method of Calculation SUPPLEMENTARY INFORMATION: 10 CFR Parts 207, 218, 430, 490, 501, Under the Act, the inflation Background 601, 820, 824, 851, 1013, 1017, and adjustment for each applicable CMP is 1050 determined by increasing the maximum This correction is being published to civil penalty amount per violation by RIN 1990–AA32 correct the facsimile and electronic mail the cost-of-living adjustment. The ‘‘cost- address, and add an overnight delivery Inflation Adjustment of Civil Monetary of-living’’ adjustment is defined as the address option for requestor Penalties amount by which the Consumer Price submissions for final agency Index (CPI) for the month of June of the determinations as discussed in AGENCY: Office of the General Counsel, calendar year preceding the adjustment Subpart X. U.S. Department of Energy. exceeds the CPI for the month of June ACTION: Final rule. of the year in which the amount of such List of Subjects in 7 CFR Part 400 civil penalty was last set or adjusted SUMMARY: The Department of Energy pursuant to law. Any calculated Administrative practice and (‘‘DOE’’) today publishes this final rule increase under this adjustment is procedure, crop insurance, reporting to adjust DOE’s civil monetary penalties rounded to the nearest— and recordkeeping requirements. (‘‘CMPs’’) for inflation as mandated by (1) Multiple of $10 in the case of Need for Correction the Debt Collection Improvement Act of penalties less than or equal to $100; 1996. This rule adjusts CMPs within the (2) Multiple of $100 in the case of As currently published, 7 CFR jurisdiction of DOE to the maximum penalties greater than $100 but less than 400.767 contains outdated contact extent allowed by the Federal Civil or equal to $1,000; information. Accordingly, 7 CFR part Penalties Inflation Adjustment Act of (3) Multiple of $1000 in the case of 400 is corrected by making the 1990, as amended by the Debt penalties greater than $1000 but less following amendments: Collection Improvement Act of 1996. than or equal to $10,000;

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(4) Multiple of $5000 in the case of (5) Multiple of $10,000 in the case of III. Summary of Final Rule penalties greater than $10,000 but less penalties greater than $100,000 but less than or equal to $100,000; than or equal to $200,000; and The following list summarizes the (6) Multiple of $25,000 in the case of existing DOE regulations containing penalties greater than $200,000. civil monetary penalties, and the 28 U.S.C. 2461 note, sec. 5. penalties before and after adjustment.

DOE regulation containing civil monetary penalty Before adjustment After adjustment

10 CFR 207.7 ...... $2,750 ...... $4,000. 10 CFR 218.42 ...... $5,500 ...... $8,000. 10 CFR 430.61 ...... $110 ...... $200. 10 CFR 490.604 ...... $5,500 ...... $8,000. 10 CFR 501.181(c) ...... —$27,500 ...... —$40,000. —3.3/mcf ...... —3.3/mcf. —11/bbl ...... —20/bbl. 10 CFR 601.400 and App A ...... —minimum $11,000 ...... —minimum $15,000. —maximum $110,000 ...... —maximum $150,000. 10 CFR 820.81 1 ...... $110,000 ...... $150,000. 10 CFR 824.1 and App A ...... $100,000 ...... $110,000. 10 CFR 824.4 and App A ...... $100,000 ...... $110,000. 10 CFR 851.5 and App B 2 ...... $70,000 ...... $75,000. 10 CFR 1013.3 ...... $5,500 ...... $8,000. 10 CFR 1017.29 (formerly 10 CFR 1017.18) ... $110,000 ...... $150,000. 10 CFR 1050.303 ...... $5,500 ...... $8,000. 1 The civil penalties under this section and 10 CFR 851.5 encompass the civil penalty authorized by 50 U.S.C. 2731 (formerly 42 U.S.C. 7274d). Title 50 U.S.C. 2731 establishes a maximum civil penalty of $5,000 per day for failure of any DOE contractor to provide specified training to individuals it employs who are engaged in hazardous substance response or emergency response at DOE nuclear weapons facilities or for failure to certify to DOE that such employees are adequately trained pursuant to orders issued by DOE relating to employee safety training. In corresponding guidance, DOE is today adjusting the civil penalty to a maximum of $5,500 for each day a violation occurs. The adjusted civil pen- alty is well under the maximum civil penalty provided under 10 CFR 820.81 and 10 CFR 851.5. This footnote shall not be construed as limiting DOE’s discretion to impose civil penalties for violations of training requirements contained in DOE’s Nuclear Safety Requirements or 10 CFR Part 851, including training requirements relating to hazardous substance response or emergency response at DOE’s nuclear weapons facilities. 2 See footnote 1.

IV. Final Rulemaking any way affect the terms under which analysis for any rule that by law must DOE assesses civil penalties. be proposed for public comment. As In accordance with 5 U.S.C. 553(b), discussed above, DOE has determined V. Regulatory Review the Administrative Procedure Act, DOE that prior notice and opportunity for generally publishes a rule in a proposed A. Executive Order 12866 public comment is unnecessary and form and solicits public comment on it Today’s rule has been determined not contrary to the public interest. In before issuing the rule in final. accordance with 5 U.S.C. 604(a), no However, 5 U.S.C. 553(b)(B) provides an to be a significant regulatory action under Executive Order 12866, regulatory flexibility analysis has been exception to the public comment prepared for today’s rule. requirement if the agency finds good ‘‘Regulatory Planning and Review,’’ 58 cause to omit advance notice and public FR 51735 (October 4, 1993). D. Paperwork Reduction Act Accordingly, this action was not subject participation. Good cause is shown This final rule imposes no new when public comment is to review under that Executive Order by the Office of Information and Regulatory information collection requirements ‘‘impracticable, unnecessary, or contrary subject to the Paperwork Reduction Act. to the public interest.’’ Affairs of the Office of Management and Budget. DOE finds that providing an E. Unfunded Mandates Reform Act of opportunity for public comment prior to B. National Environmental Policy Act 1995 publication of this rule is not necessary DOE has determined that this final The Unfunded Mandates Reform Act because DOE is carrying out a rule is covered under the Categorical of 1995 (Pub. L. 104–4) generally ministerial, non-discretionary duty Exclusion found in DOE’s National requires Federal agencies to examine specified in an Act of Congress. This Environmental Policy Act regulations at closely the impacts of regulatory actions rule incorporates requirements paragraph A.5 of Appendix A to Subpart on State, local, and tribal governments. specifically set forth in 28 U.S.C. 2461 D, 10 CFR part 1021, which applies to Section 201 excepts agencies from note requiring DOE to issue a regulation rulemaking that amends an existing rule assessing effects on State, local or tribal implementing inflation adjustments for or regulation which does not change the governments or the private sector of all its civil penalty provisions. The environmental effect of the rule or rules that incorporate requirements formula for the amount of the penalty regulation being amended. Accordingly, specifically set forth in law. Because adjustment is prescribed by Congress. neither an environmental assessment this rule incorporates requirements Prior notice and opportunity to nor an environmental impact statement specifically set forth in 28 U.S.C. 2461 comment are therefore unnecessary in is required. note, DOE is not required to assess its this case because these changes are not regulatory effects under Section 201. subject to the exercise of discretion by C. Regulatory Flexibility Act Unfunded Mandates Reform Act DOE. These technical changes, required The Regulatory Flexibility Act (5 sections 202 and 205 do not apply to by law, do not substantively alter the U.S.C. 601 et seq.) requires preparation today’s action because they apply only existing regulatory framework nor in of an initial regulatory flexibility to rules for which a general notice of

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proposed rulemaking is published. affected conduct while promoting and is therefore not a significant energy Nevertheless, DOE has determined that simplification and burden reduction; (4) action. Accordingly, DOE has not today’s regulatory action does not specifies the retroactive effect, if any; (5) prepared a Statement of Energy Effects. impose a Federal mandate on State, adequately defines key terms; and (6) K. Congressional Notification local, or tribal governments or on the addresses other important issues public sector. affecting clarity and general As required by 5 U.S.C. 801, DOE will draftsmanship under any guidelines F. Treasury and General Government submit to Congress a report regarding issued by the Attorney General. Section Appropriations Act, 1999 the issuance of today’s final rule prior 3(c) of Executive Order 12988 requires to the effective date set forth at the Section 654 of the Treasury and Executive agencies to review regulations outset of this notice. The report will General Government Appropriations in light of applicable standards in state that it has been determined that Act, 1999 (Pub. L. 105–277) requires section 3(a) and section 3(b) to the rule is not a ‘‘major rule’’ as defined Federal agencies to issue a Family determine whether they are met or it is by 5 U.S.C. 801(2). Policymaking Assessment for any unreasonable to meet one or more of proposed rule that may affect family them. DOE has completed the required List of Subjects well being. This rule would not have review and determined that, to the 10 CFR Part 207 any impact on the autonomy or integrity extent permitted by law, this rule meets of the family as an institution. the relevant standards of Executive Administrative practice and Accordingly, DOE has concluded that it Order 12988. procedure, Energy, Penalties. is not necessary to prepare a Family 10 CFR Part 218 Policymaking Assessment. I. Treasury and General Government Appropriations Act, 2001 G. Executive Order 13132 Administrative practice and The Treasury and General procedure, Penalties, Petroleum Executive Order 13132, ‘‘Federalism,’’ Government Appropriations Act, 2001 allocation. 64 FR 43255 (August 4, 1999) imposes (44 U.S.C. 3516 note) provides for certain requirements on agencies agencies to review most disseminations 10 CFR Part 430 formulating and implementing policies of information to the public under Administrative practice and or regulations that preempt State law or guidelines established by each agency procedure, Energy conservation. that have federalism implications. pursuant to general guidelines issued by Agencies are required to examine the OMB. OMB’s guidelines were published 10 CFR Part 490 constitutional and statutory authority at 67 FR 8452 (February 22, 2002), and Administrative practice and supporting any action that would limit DOE’s guidelines were published at 67 procedure, Energy conservation, the policymaking discretion of the FR 62446 (October 7, 2002). DOE has Penalties. States and carefully assess the necessity reviewed today’s rule under the OMB for such actions. DOE has examined this and DOE guidelines and has concluded 10 CFR Part 501 rule and has determined that it would that it is consistent with applicable Administrative practice and not preempt State law and would not policies in those guidelines. procedure, Electric power plants, have a substantial direct effect on the J. Executive Order 13211 Energy conservation, Natural gas, States, on the relationship between the Petroleum. national government and the States, or Executive Order 13211, ‘‘Actions on the distribution of power and Concerning Regulations That 10 CFR Part 601 responsibilities among the various Significantly Affect Energy Supply, Government contracts, Grant levels of government. No further action Distribution, or Use,’’ 66 FR 28355 (May programs, Loan programs, Penalties. is required by Executive Order 13132. 22, 2001) requires Federal agencies to prepare and submit to the OMB, a 10 CFR Part 820 H. Executive Order 12988 Statement of Energy Effects for any With respect to the review of existing proposed significant energy action. A Administrative practice and regulations and the promulgation of ‘‘significant energy action’’ is defined as procedure, Government contracts, new regulations, section 3(a) of any action by an agency that Penalties, Radiation protection. Executive Order 12988, ‘‘Civil Justice promulgated or is expected to lead to 10 CFR Part 824 Reform,’’ 61 FR 4729 (February 7, 1996), promulgation of a final rule, and that: imposes on Executive agencies the (1) Is a significant regulatory action Government contracts, Nuclear general duty to adhere to the following under Executive Order 12866, or any materials, Penalties, Security measures. requirements: (1) Eliminate drafting successor order; and (2) is likely to have 10 CFR Part 851 errors and ambiguity; (2) write a significant adverse effect on the regulations to minimize litigation; and supply, distribution, or use of energy; or Civil penalty, Hazardous substances, (3) provide a clear legal standard for (3) is designated by the Administrator of Occupational safety and health, Safety, affected conduct rather than a general OIRA as a significant energy action. For Reporting and recordkeeping standard and promote simplification any proposed significant energy action, requirements. and burden reduction. With regard to the agency must give a detailed 10 CFR Part 1013 the review required by section 3(a), statement of any adverse effects on section 3(b) of Executive Order 12988 energy supply, distribution, or use Administrative practice and specifically requires that Executive should the proposal be implemented, procedure, Claims, Fraud, Penalties. agencies make every reasonable effort to and of reasonable alternatives to the 10 CFR Part 1017 ensure that the regulation: (1) Clearly action and their expected benefits on specifies the preemptive effect, if any; energy supply, distribution, and use. Administrative practice and (2) clearly specifies any effect on Today’s regulatory action would not procedure, Government contracts, existing Federal law or regulation; (3) have a significant adverse effect on the National Defense, Nuclear Energy, provides a clear legal standard for supply, distribution, or use of energy Penalties, Security measures.

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10 CFR Part 1050 ■ 6. Section 430.61 is amended by Authority: 31 U.S.C. 1352; 42 U.S.C. 7254 revising the first sentence of paragraph and 7256; 31 U.S.C. 6301–6308; 28 U.S.C. Decorations, medals, awards, Foreign 2461 note. relations, Government employees, (b) to read as follows: ■ Government property, Reporting and § 430.61 Prohibited acts. 12. Section 601.400 is amended by revising paragraphs (a), (b) and (e) to recordkeeping requirements. * * * * * read as follows: Issued in Washington, DC, on December 8, (b) In accordance with section 333 of 2009. the Act, any person who knowingly § 601.400 Penalties. Scott Blake Harris, violates any provision of paragraph (a) (a) Any person who makes an General Counsel. of this section may be subject to expenditure prohibited herein shall be ■ For the reasons set forth in the assessment of a civil penalty of no more subject to a civil penalty of not less than preamble, DOE amends chapters II, III, than $200 for each violation. * * * $15,000 and not more than $150,000 for each such expenditure. and X of Chapter 10 of the Code of PART 490—ALTERNATIVE FUEL Federal Regulations as set forth below. (b) Any person who fails to file or TRANSPORTATION PROGRAM amend the disclosure form (see PART 207—COLLECTION OF appendix B) to be filed or amended if ■ INFORMATION 7. The authority citation for part 490 required herein, shall be subject to a continues to read as follows: civil penalty of not less than $15,000 ■ 1. The authority citation for part 207 Authority: 42 U.S.C. 7191 et seq.; 42 and not more than $150,000 for each continues to read as follows: U.S.C. 13201, 13211, 13220, 13251 et seq. such failure. Authority: 15 U.S.C. 787 et seq.; 15 U.S.C. * * * * * ■ 8. Section 490.604 is amended by 791 et seq.; E.O. 11790, 39 FR 23185; 28 (e) First offenders under paragraphs revising paragraph (a) to read as follows: U.S.C. 2461 note. (a) or (b) of this section shall be subject ■ 2. Section 207.7 is amended by § 490.604 Penalties and fines. to a civil penalty of $15,000, absent aggravating circumstances. Second and revising the first sentence of paragraph (a) Civil Penalties. Whoever violates subsequent offenses by persons shall be (c)(1) to read as follows: § 490.603 of this part shall be subject to subject to an appropriate civil penalty a civil penalty of not more than $8,000 § 207.7 Sanctions. between $15,000 and $150,000, as for each violation. * * * * * determined by the agency head or his or (c) Civil Penalties. (1) Any person * * * * * her designee. who violates any provision of this PART 501—ADMINISTRATIVE * * * * * subpart or any order issued pursuant PROCEDURES AND SANCTIONS ■ 13. Appendix A to part 601, is thereto shall be subject to a civil penalty amended by: of not more than $4,000 for each ■ 9. The authority citation for part 501 ■ a. Revising the last sentence, second violation. * * * continues to read as follows: undesignated paragraph, in paragraph * * * * * Authority: 42 U.S.C. 7101 et seq.; 42 (3) of the section entitled, ‘‘Certification U.S.C. 8301 et seq.; 42 U.S.C. 8701 et seq.; for Contracts, Grants, Loans, and PART 218—STANDBY MANDATORY Cooperative Agreements’’; and INTERNATIONAL OIL ALLOCATION E.O. 12009, 42 FR 46267; 28 U.S.C. 2461 note. ■ b. Revising the last sentence, second undesignated paragraph, in the section ■ 3. The authority citation for part 218 ■ 10. Section 501.181 is amended by entitled, ‘‘Statement for Loan continues to read as follows: revising paragraph (c)(1) to read as Guarantees and Loan Insurance.’’ Authority: 15 U.S.C. 751 et seq.; 15 U.S.C. follows: 787 et seq.; 42 U.S.C. 6201 et seq.; 42 U.S.C. Appendix A to Part 601—Certification 7101 et seq.; E.O. 11790, 39 FR 23185; E.O. § 501.181 Sanctions. Regarding Lobbying 12009, 42 FR 46267; 28 U.S.C. 2461 note. * * * * * Certification for Contracts, Grants, Loans, ■ 4. Section 218.42 is amended by (c) Civil Penalties. (1) Any person and Cooperative Agreements revising paragraph (b)(1) to read as who violates any provisions of the Act * * * * * follows: (other than section 402) or any rule or (3) * * * order thereunder will be subject to the * * * Any person who fails to file the § 218.42 Sanctions. following civil penalty, which may not required certification shall be subject to a * * * * * exceed $40,000 for each violation: Any civil penalty of not less than $15,000 and not (b) Penalties. (1) Any person who person who operates a powerplant or more than $150,000 for each such failure. violates any provision of part 218 of this major fuel burning installation under an Statement for Loan Guarantees and Loan chapter or any order issued pursuant exemption, during any 12-calendar- Insurance thereto shall be subject to a civil penalty month period, in excess of that * * * * * of not more than $8,000 for each authorized in such exemption will be * * * Any person who fails to file the violation. assessed a civil penalty of up to $3.30 required statement shall be subject to a civil * * * * * for each MCF of natural gas or up to $20 penalty of not less than $15,000 and not more for each barrel of oil used in excess of than $150,000 for each such failure. PART 430—ENERGY CONSERVATION that authorized in the exemption. PART 820—PROCEDURAL RULES PROGRAM FOR CONSUMER * * * * * PRODUCTS FOR DOE NUCLEAR ACTIVITIES PART 601—NEW RESTRICTIONS ON ■ 14. The authority citation for part 820 ■ 5. The authority citation for part 430 LOBBYING continues to read as follows: continues to read as follows: Authority: 42 U.S.C. 6291–6309; 28 U.S.C. ■ 11. The authority citation for part 601 Authority: 42 U.S.C. 2201; 2282(a); 7191; 2461 note. continues to read as follows: 28 U.S.C. 2461 note; 50 U.S.C. 2410.

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■ 15. Section 820.81 is amended by 2. Civil Penalty IX. Enforcement Actions revising the first sentence to read as * * * * * * * * * * follows: e. * * * In no instance will a civil penalty 1. Notice of Violation for any one violation exceed the $110,000 § 820.81 Amount of penalty. statutory limit per violation. * * * Thus, the * * * * * Any person subject to a penalty under per violation cap will not shield a DOE (e) * * * 42 U.S.C. 2282a shall be subject to a contractor that is or should have been aware (1) DOE may assess civil penalties of up to of an ongoing violation and has not reported $75,000 per violation per day on contractors civil penalty in an amount not to exceed (and their subcontractors and suppliers) that $150,000 for each such violation. * * * it to DOE and taken corrective action despite an opportunity to do so from liability are indemnified by the Price-Anderson Act, 42 U.S.C. 2210(d). See 10 CFR 851.5(a). PART 824—PROCEDURAL RULES significantly exceeding $110,000. * * * FOR THE ASSESSMENT OF CIVIL * * * * * * * * * * PENALTIES FOR CLASSIFIED 3. Adjustment Factors 2. Civil Penalty INFORMATION SECURITY * * * * * * * * * * VIOLATIONS d. * * * Based on the degree of such (f) * * * In no instance will a civil penalty for any one violation exceed the statutory ■ factors, DOE may escalate the amount of civil 16. The authority citation for part 824 penalties up to the statutory maximum of limit of $75,000 per day. * * * continues to read as follows: $110,000 per violation per day for continuing * * * * * Authority: 42 U.S.C. 2201, 2282b, 7101 et violations. seq., 50 U.S.C. 2401 et seq. * * * * * PART 1013—PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES ■ 17. Section 824.1 is amended by PART 851—WORKER SAFETY AND revising the second sentence to read as ■ HEALTH PROGRAM 23. The authority citation for part follows: 1013 continues to reads as follows: § 824.1 Purpose and scope. ■ 20. The authority citation for part 851 Authority: 31 U.S.C. 3801–3812; 28 U.S.C. * * * Subsection a. provides that any continues to read as follows: 2461 note. person who has entered into a contract Authority: 42 U.S.C. 2201(i)(3), (p); 42 ■ 24. Section 1013.3 is amended by or agreement with the Department of U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42 revising paragraphs (a)(1)(iv) and Energy, or a subcontract or U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq. (b)(1)(ii) to read as follows: subagreement thereto, and who violates ■ 21. Section 851.5 is amended by (or whose employee violates) any § 1013.3 Basis for civil penalties and revising the first sentence of paragraph applicable rule, regulation or order assessments. (a) to read as follows: under the Act relating to the security or (a) * * * (1) * * * safeguarding of Restricted Data or other § 851.5 Enforcement. (iv) Is for payment for the provision classified information, shall be subject (a) A contractor that is indemnified to a civil penalty not to exceed $110,000 of property or services which the person under section 170d. of the AEA (or any has not provided as claimed, shall be for each violation. * * * subcontractor or supplier thereto) and ■ subject, in addition to any other remedy 18. Section 824.4 is amended by that violates (or whose employee that may be prescribed by law, to a civil revising paragraph (c) to read as follows: violates) any requirement of this part penalty of not more than $8,000 for each § 824.4 Civil penalties. shall be subject to a civil penalty of up such claim. to $75,000 for each such violation. * * * * * * * * * * *** (c) The Director may propose (b) * * * imposition of a civil penalty for * * * * * (1) * * * (ii) Contains or is accompanied by an violation of a requirement of a ■ 22. Appendix B to part 851 is regulation or rule under paragraph (a) of express certification or affirmation of amended by: the truthfulness and accuracy of the this section or a compliance order ■ a. Revising the last sentences of issued under paragraph (b) of this contents of the statement, shall be paragraphs (b)(1) and (b)(2) in section subject, in addition to any other remedy section, not to exceed $110,000 for each VI; violation. that may be prescribed by law, to a civil ■ b. Revising paragraph 1.(e)(1) in penalty of not more than $8,000 for each * * * * * section IX ; and such statement. ■ 19. Appendix A to part 824 is ■ c. Revising the fourth sentence in * * * * * amended by: paragraph 2.(f) in section IX. ■ a. Revising the fourth and sixth The revisions read as follows: PART 1017—IDENTIFICATION AND sentences of paragraph 2.e., ‘‘Civil PROTECTION OF UNCLASSIFIED Appendix B to Part 851—General Penalty,’’ in section VIII ‘‘Enforcement CONTROLLED NUCLEAR Statement of Enforcement Policy Actions’’; and INFORMATION ■ b. Revising the last sentence of * * * * * paragraph 3.d., ‘‘Adjustment Factors,’’ VI. Severity of Violations ■ 25. The authority citation for part in section VIII titled ‘‘Enforcement (b) * * * 1017 continues to read as follows: (1) * * * A Severity Level I violation Actions’’. Authority: 42 U.S.C. 7101 et seq.; 50 would be subject to a base civil penalty of up The revisions read as follows: U.S.C. 2401 et seq.; 42 U.S.C. 2168; 28 U.S.C. to 100% of the maximum base civil penalty 2461. Appendix A to Part 824—General of $75,000. Statement of Enforcement Policy (2) * * * A Severity Level II violation ■ 26. Section 1017.29 is amended by * * * * * would be subject to a base civil penalty up revising paragraph (c) to read as follows: to 50% of the maximum base civil penalty VIII. Enforcement Actions ($37,500). § 1017.29 Civil penalty. * * * * * * * * * * * * * * *

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(c) Amount of penalty. The Director It has been found the occurrence of engine detect damage, and replacement of the may propose imposition of a civil anti-ice system valve failure, where the valve valves if damage is found; and eventual penalty for violation of a requirement of spring seat has broken and obstructed the replacement of certain anti-icing system a regulation under paragraph (a) of this anti-ice system venturi tube. * * * valves. You may obtain further Therefore, should the aircraft encounter icing section or a compliance order issued conditions, ice may accrete in the engine information by examining the MCAI in under paragraph (b) of this section, not inlet lip and be ingested through the air inlet, the AD docket. to exceed $150,000 for each violation. resulting in possible engine damage and Comments * * * * * flame-out. We gave the public the opportunity to We are issuing this AD to require PART 1050—FOREIGN GIFTS AND participate in developing this AD. We actions to correct the unsafe condition DECORATIONS received no comments on the second on these products. supplemental NPRM or on the ■ 27. The authority citation for part DATES: This AD becomes effective determination of the cost to the public. 1050 continues to read as follows: January 19, 2010. The Director of the Federal Register Conclusion Authority: The Constitution of the United States, Article I, Section 9; 5 U.S.C. 7342; 22 approved the incorporation by reference We reviewed the available data and U.S.C. 2694; 42 U.S.C. 7254 and 7262; 28 of certain publications listed in this AD determined that air safety and the U.S.C. 2461 note. as of January 19, 2010. public interest require adopting the AD ADDRESSES: as proposed. ■ You may examine the AD 28. Section 1050.303 is amended by docket on the Internet at http:// revising the last sentence in paragraph Differences Between This AD and the www.regulations.gov or in person at the MCAI or Service Information (d) to read as follows: U.S. Department of Transportation, We have reviewed the MCAI and § 1050.303 Enforcement. Docket Operations, M–30, West Building Ground Floor, Room W12–140, related service information and, in * * * * * general, agree with their substance. But (d) * * * The court in which such 1200 New Jersey Avenue, SE., Washington, DC. we might have found it necessary to use action is brought may assess a civil different words from those in the MCAI FOR FURTHER INFORMATION CONTACT: penalty against such employee in any to ensure the AD is clear for U.S. Sanjay Ralhan, Aerospace Engineer, amount not to exceed the retail value of operators and is enforceable. In making International Branch, ANM–116, the gift improperly solicited or received these changes, we do not intend to differ Transport Airplane Directorate, FAA, plus $8,000. substantively from the information 1601 Lind Avenue, SW., Renton, provided in the MCAI and related [FR Doc. E9–29667 Filed 12–11–09; 8:45 am] Washington 98057–3356; telephone BILLING CODE 6450–01–P service information. (425) 227–1405; fax (425) 227–1149. We might also have required different SUPPLEMENTARY INFORMATION: actions in this AD from those in the MCAI in order to follow our FAA DEPARTMENT OF TRANSPORTATION Discussion policies. Any such differences are We issued a second supplemental highlighted in a Note within the AD. Federal Aviation Administration notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an Costs of Compliance 14 CFR Part 39 AD that would apply to the specified We estimate that this AD will affect [Docket No. FAA–2007–0083; Directorate products. That second supplemental 697 products of U.S. registry. We also Identifier 2006–NM–266–AD; Amendment NPRM was published in the Federal estimate that it will take about 2 work- 39–16137; AD 2009–26–02] Register on September 25, 2009 (74 FR hours per product to comply with the 48877). That second supplemental basic requirements of this AD. The RIN 2120–AA64 NPRM proposed to correct an unsafe average labor rate is $80 per work-hour. condition for the specified products. Airworthiness Directives; Empresa Based on these figures, we estimate the The MCAI states: Brasileira de Aeronautica S.A. cost of this AD to the U.S. operators to (EMBRAER) Model EMB–135BJ, It has been found the occurrence of engine be $111,520, or $160 per product. –135ER, –135KE, –135KL, –135LR, anti-ice system valve failure, where the valve We also estimate that the replacement –145, –145ER, –145MR, –145LR, spring seat has broken and obstructed the specified in this AD will affect up to 306 anti-ice system venturi tube. Aircraft parts. We estimate that it will take about –145XR, –145MP, and –145EP dispatch with that failure may be allowed by Airplanes 5 work-hours per part to comply with the operator Minimum Equipment List the replacement requirements of this (MEL), [if] the engine anti-ice system valve AGENCY: Federal Aviation AD. (Some airplanes have no affected [is] locked in the OPEN position. However, Administration (FAA), Department of there is no readily available means to make parts and other airplanes have either Transportation (DOT). sure the anti-ice system tubing is free of one or two affected parts.) The cost of ACTION: Final rule. debris, allowing unrestricted hot airflow to each required part is $27,507. Where the the piccolo tube on the engine inlet lip. service information lists required parts SUMMARY: We are adopting a new Therefore, should the aircraft encounter icing costs that are covered under warranty, airworthiness directive (AD) for the conditions, ice may accrete in the engine we have assumed that there will be no products listed above. This AD results inlet lip and be ingested through the air inlet, charge for these costs. As we do not from mandatory continuing resulting in possible engine damage and control warranty coverage for affected airworthiness information (MCAI) flame-out. parties, some parties may incur costs originated by an aviation authority of The required actions include an higher than estimated here. Based on another country to identify and correct inspection to determine the part number these figures, we estimate the cost of the an unsafe condition on an aviation of the engine anti-icing system valves; replacement specified in the AD on U.S. product. The MCAI describes the unsafe repetitive inspections of certain engine operators to be $8,539,542, or $27,907 condition as: anti-icing system valves and tubes to per part.

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Authority for This Rulemaking List of Subjects in 14 CFR Part 39 tubes to detect damage, and replacement of the valves if damage is found; and eventual Title 49 of the United States Code Air transportation, Aircraft, Aviation replacement of certain anti-icing system specifies the FAA’s authority to issue safety, Incorporation by reference, valves. Safety. rules on aviation safety. Subtitle I, Actions and Compliance section 106, describes the authority of Adoption of the Amendment (f) Unless already done, do the following the FAA Administrator. ‘‘Subtitle VII: ■ actions. Aviation Programs,’’ describes in more Accordingly, under the authority delegated to me by the Administrator, (1) PART I—Within 500 flight hours or 3 detail the scope of the Agency’s months after the effective date of this AD, authority. the FAA amends 14 CFR part 39 as whichever occurs first, carry out a general follows: We are issuing this rulemaking under visual inspection of both LH (left-hand) and RH (right-hand) engine anti-ice system valves the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS to determine their P/N (part number). Part A, Subpart III, Section 44701: DIRECTIVES (i) For engine anti-ice system valves with General requirements.’’ Under that ■ 1. The authority citation for part 39 P/N C146009–2: No further action is required section, Congress charges the FAA with by paragraph (f)(1) of this AD. promoting safe flight of civil aircraft in continues to read as follows: (ii) For engine anti-ice system valves with air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. P/N C146009–3: Before further flight, remove for practices, methods, and procedures the valve and carry out a detailed inspection the Administrator finds necessary for § 39.13 [Amended] regarding its integrity; and carry out a special safety in air commerce. This regulation detailed inspection for an obstruction in the ■ 2. The FAA amends § 39.13 by adding corresponding engine anti-ice system tubes; is within the scope of that authority the following new AD: according to the detailed instructions and because it addresses an unsafe condition procedures described in Embraer Service that is likely to exist or develop on 2009–26–02 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Bulletin 145–30–0049, dated June 28, 2006, products identified in this rulemaking Amendment 39–16137. Docket No. or Revision 01, dated October 19, 2006; or action. FAA–2007–0083; Directorate Identifier Embraer Service Bulletin 145LEG–30–0016, 2006–NM–266–AD. dated June 28, 2006, or Revision 01, dated Regulatory Findings February 5, 2007; as applicable. Effective Date (A) If the valve is damaged or the tube is We determined that this AD will not (a) This airworthiness directive (AD) obstructed, before further flight: Replace the have federalism implications under becomes effective January 19, 2010. valve with a serviceable or new valve bearing Executive Order 13132. This AD will P/N C146009–2, C146009–3, or C146009–4; not have a substantial direct effect on Affected ADs or remove all obstructions; as applicable; in the States, on the relationship between (b) None. accordance with the Accomplishment Instructions of Embraer Service Bulletin 145– the national government and the States, Applicability or on the distribution of power and 30–0049, dated June 28, 2006, or Revision 01, responsibilities among the various (c) This AD applies to EMBRAER Model dated October 19, 2006; or Embraer Service EMB–135BJ, –135ER, –135KE, –135KL, Bulletin 145LEG–30–0016, dated June 28, levels of government. –135LR, –145, –145ER, –145MR, –145LR, 2006, or Revision 01, dated February 5, 2007; For the reasons discussed above, I –145XR, –145MP, and –145EP airplanes, as applicable. certify this AD: certificated in any category, except airplanes (B) If the valve is not damaged or the tube having serial numbers 14500921, 14500928, is not obstructed, re-install the valve or 1. Is not a ‘‘significant regulatory 14500932, 14500949, 14500958, 14500971, install a serviceable or new valve bearing action’’ under Executive Order 12866; 14500973 and up, which will have in-factory P/N C146009–2, C146009–3, or C146009–4; 2. Is not a ‘‘significant rule’’ under the modification incorporated. or re-install the tube; in accordance with the Accomplishment Instructions of Embraer DOT Regulatory Policies and Procedures Subject (44 FR 11034, February 26, 1979); and Service Bulletin 145–30–0049, dated June 28, (d) Air Transport Association of America 2006, or Revision 01, dated October 19, 2006; 3. Will not have a significant Code 30: Ice and Rain Protection. or Embraer Service Bulletin 145LEG–30– 0016, dated June 28, 2006, or Revision 01, economic impact, positive or negative, Reason on a substantial number of small entities dated February 5, 2007; as applicable. under the criteria of the Regulatory (e) The mandatory continuing (iii) For engine anti-ice system valves with airworthiness information (MCAI) states: Flexibility Act. P/N C146009–4: No further action is required It has been found the occurrence of engine by paragraph (f)(1) of this AD. In this case, We prepared a regulatory evaluation anti-ice system valve failure, where the valve paragraphs (f)(2), (f)(3), (f)(4), (f)(7), and (f)(8) of the estimated costs to comply with spring seat has broken and obstructed the of this AD are not applicable. However, this AD and placed it in the AD docket. anti-ice system venturi tube. Aircraft paragraphs (f)(5) and (f)(6) of this AD must dispatch with that failure may be allowed by be accomplished. Examining the AD Docket the operator Minimum Equipment List (2) PART II—Within 1,500 flight hours or (MEL), [if] the engine anti-ice system valve 9 months after the effective date of this AD, You may examine the AD docket on [is] locked in the OPEN position. However, whichever occurs first, and thereafter at the Internet at http:// there is no readily available means to make intervals that do not exceed 1,000 flight www.regulations.gov; or in person at the sure the anti-ice system tubing is free of hours or 6 months, whichever occurs first, Docket Operations office between 9 a.m. debris, allowing unrestricted hot airflow to carry out a detailed inspection for damage of and 5 p.m., Monday through Friday, the piccolo tube on the engine inlet lip. both LH and RH engine anti-ice system except Federal holidays. The AD docket Therefore, should the aircraft encounter icing valves bearing P/N C146009–2 or C146009– conditions, ice may accrete in the engine 3; and a special detailed inspection for contains the NPRM, the regulatory inlet lip and be ingested through the air inlet, evaluation, any comments received, and obstruction of the corresponding engine anti- resulting in possible engine damage and ice system tubes; according to the detailed other information. The street address for flame-out. instructions and procedures described in the Docket Operations office (telephone The required actions include an inspection to Embraer Service Bulletin 145–30–0049, dated (800) 647–5527) is in the ADDRESSES determine the part number of the engine anti- June 28, 2006, or Revision 01, dated October section. Comments will be available in icing system valves; repetitive inspections of 19, 2006; or Embraer Service Bulletin the AD docket shortly after receipt. certain engine anti-icing system valves and 145LEG–30–0016, dated June 28, 2006, or

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Revision 01, dated February 5, 2007; as described in Embraer Service Bulletin 145– dated December 12, 2006, or Revision 04, applicable; and accomplish paragraphs 30–0044, Revision 01, dated June 26, 2006, dated May 14, 2008; or Embraer Service (f)(2)(i) and (f)(2)(ii) of this AD, as applicable. Revision 02, dated September 25, 2006, Bulletin 145LEG–30–0018, Revision 02, (i) If the valve is damaged or the tube is Revision 03, dated December 12, 2006, or dated December 12, 2006, or Revision 03, obstructed, before further flight: Replace the Revision 04, dated May 14, 2008; or Embraer dated May 14, 2008; as applicable. valve with a serviceable or new valve bearing Service Bulletin 145LEG–30–0018, Revision (8) PART VIII—Within 1,000 flight hours P/N C146009–2, C146009–3, or C146009–4; 02, dated December 12, 2006, or Revision 03, or 10 months after the effective date of this or remove all obstructions; as applicable; in dated May 14, 2008; as applicable: No further AD, whichever occurs first, install engine accordance with the Accomplishment action is required by this AD. anti-ice system valves bearing P/N C146009– Instructions of Embraer Service Bulletin 145– (ii) If the valve was installed according to 4 in the LH and RH engine positions, 30–0049, dated June 28, 2006, or Revision 01, detailed instructions and procedures other replacing P/N C146009–2, according to the dated October 19, 2006; or Embraer Service than those specified in paragraph (f)(5)(i) of detailed instructions and procedures Bulletin 145LEG–30–0016, dated June 28, this AD: Carry out a special detailed described in Embraer Service Bulletin 145– 2006, or Revision 01, dated February 5, 2007; inspection in the corresponding engine anti- 30–0044, Revision 01, dated June 26, 2006; as applicable. ice system tubes, and repair all damage and Revision 02, dated September 25, 2006, (ii) If the valve is not damaged, or the tube remove all obstructions; according to the Revision 03, dated December 12, 2006, or is not obstructed, before further flight: Re- detailed instructions and procedures Revision 04, dated May 14, 2008; or Embraer install the valve or install a serviceable or described in Embraer Service Bulletin 145– Service Bulletin 145LEG–30–0018, Revision new valve bearing P/N C146009–2 C146009– 30–0049, dated June 28, 2006, or Revision 01, 02, dated December 12, 2006, or Revision 03, 3, or C146009–4; or re-install the tube; as dated October 19, 2006; or Embraer Service dated May 14, 2008; as applicable. applicable; in accordance with the Bulletin 145LEG–30–0016, dated June 28, (9) PART IX—The installation of engine Accomplishment Instructions of Embraer 2006, or Revision 01, dated February 5, 2007; anti-ice system valves bearing P/N C146009– Service Bulletin 145–30–0049, dated June 28, as applicable. After doing the actions 4 according to the detailed instructions and 2006, or Revision 01, dated October 19, 2006; specified in paragraph (f)(5)(ii) of this AD, no procedures described in Embraer Service or Embraer Service Bulletin 145LEG–30– further action is required by this AD. Bulletin 145–30–0044, Revision 01, dated 0016, dated June 28, 2006, or Revision 01, (6) PART VI—Before aircraft dispatch with June 26, 2006, Revision 02, dated September dated February 5, 2007; as applicable. one or two engine anti-ice system valves 25, 2006, Revision 03, dated December 12, (3) PART III—Any engine anti-ice system inoperative (Master Minimum Equipment 2006; or Revision 04, dated May 14, 2008; or valve with P/N C146009–2 or C146009–3 that List (MMEL) 30–21–01), carry out a detailed Embraer Service Bulletin 145LEG–30–0018, will be installed as a replacement, as inspection for damage of the affected engine Revision 02, dated December 12, 2006, or provided for in paragraphs (f)(1) and (f)(2) of anti-ice system valves; and a special detailed Revision 03, dated May 14, 2008; as this AD, must undergo a detailed inspection inspection for obstruction of the applicable; constitutes terminating action for for its integrity before installation, according corresponding engine anti-ice system tubes; this AD. to the detailed instructions and procedures and replace all damaged valves and remove Note 1: For the purposes of this AD, a described in Embraer Service Bulletin 145– all obstructions before further flight. Do all general visual inspection is: ‘‘A visual 30–0049, dated June 28, 2006, or Revision 01, actions according to the detailed instructions examination of an interior or exterior area, dated October 19, 2006; or Embraer Service and procedures described in Embraer Service installation, or assembly to detect obvious Bulletin 145LEG–30–0016, dated June 28, Bulletin 145–30–0049, dated June 28, 2006, damage, failure, or irregularity. This level of 2006, or Revision 01, dated February 5, 2007; or Revision 01, dated October 19, 2006; or inspection is made from within touching as applicable; and additionally adhere to Embraer Service Bulletin 145LEG–30–0016, distance unless otherwise specified. A mirror paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, as dated June 28, 2006, or Revision 01, dated may be necessary to ensure visual access to applicable. February 5, 2007; as applicable; by all surfaces in the inspection area. This level (i) If the valve is damaged, replace it with accomplishing paragraph (f)(2) of this AD, of inspection is made under normally a serviceable or new valve bearing P/N unless the condition specified in paragraph available lighting conditions such as C146009–2, C146009–3, or C146009–4; in (f)(6)(i) or (f)(6)(ii) of this AD has been met. daylight, hangar lighting, flashlight, or accordance with the Accomplishment (i) Valves with P/N C146009–4 have been droplight and may require removal or Instructions of Embraer Service Bulletin 145– previously installed according to the detailed opening of access panels or doors. Stands, 30–0049, dated June 28, 2006, or Revision 01, instructions and procedures described in ladders, or platforms may be required to gain dated October 19, 2006; or Embraer Service Embraer Service Bulletin 145–30–0044, dated proximity to the area being checked.’’ Bulletin 145LEG–30–0016, dated June 28, October 31, 2005; Embraer Service Bulletin Note 2: For the purposes of this AD, a 2006, or Revision 01, dated February 5, 2007; 145LEG–30–0018, dated June 26, 2006; or detailed inspection is: ‘‘An intensive as applicable. Embraer Service Bulletin 145LEG–30–0018, examination of a specific item, installation, (ii) If the valve is not damaged, installation Revision 01, dated September 25, 2006; as or assembly to detect damage, failure, or is permitted. applicable; and additionally, paragraph irregularity. Available lighting is normally (4) PART IV—Any engine anti-ice system (f)(5)(ii) of this AD has been accomplished. supplemented with a direct source of good tubes that will be installed on the airplane as (ii) Valves with P/N C146009–4 have been lighting at an intensity deemed appropriate. a replacement, as provided for in paragraphs previously installed according to the detailed Inspection aids such as mirror, magnifying (f)(1) and (f)(2) of this AD, must undergo a instructions and procedures described in lenses, etc., may be necessary. Surface special detailed inspection before Embraer Service Bulletin 145–30–0044, cleaning and elaborate procedures may be installation, and all obstructions removed, Revision 01, dated June 26, 2006, Revision required.’’ according to the detailed instructions and 02, dated September 25, 2006, Revision 03, procedures described in Embraer Service dated December 12, 2006, or Revision 04, Note 3: For the purposes of this AD, a Bulletin 145–30–0049, dated June 28, 2006, dated May 14, 2008; or Embraer Service special detailed inspection is: ‘‘An intensive or Revision 01, dated October 19, 2006; or Bulletin 145LEG–30–0018, Revision 02, examination of a specific item, installation, Embraer Service Bulletin 145LEG–30–0016, dated December 12, 2006, or Revision 03, or assembly to detect damage, failure, or dated June 28, 2006, or Revision 01, dated dated May 14, 2008; as applicable. irregularity. The examination is likely to February 5, 2007; as applicable. (7) PART VII—Within 1,000 flight hours or make extensive use of specialized inspection (5) PART V—If any engine anti-ice system 10 months after the effective date of this AD, techniques and/or equipment. Intricate valve with P/N C146009–4 has been found whichever occurs first, install engine anti-ice cleaning and substantial access or during the inspection required by paragraph system valves bearing P/N C146009–4 in the disassembly procedure may be required.’’ (f)(1) of this AD, do paragraphs (f)(5)(i) or LH and RH engine positions, replacing P/N FAA AD Differences (f)(5)(ii) of this AD, as applicable, within 500 C146009–3, according to the detailed flight hours or 6 months after the effective instructions and procedures described in Note 4: This AD differs from the MCAI date of this AD, whichever occurs first. Embraer Service Bulletin 145–30–0044, and/or service information as follows (we (i) If the valve was installed according to Revision 01, dated June 26, 2006, Revision have coordinated these differences with the detailed instructions and procedures 02, dated September 25, 2006, Revision 03, Ageˆncia Nacional de Aviac¸a˜o Civil (ANAC)):

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(1) ‘‘Part V’’ of the MCAI specifies a (1) Alternative Methods of Compliance actions are considered FAA-approved if they compliance time of within ‘‘1,500 flight (AMOCs): The Manager, ANM–116, are approved by the State of Design Authority hours or 9 months.’’ However, paragraph International Branch, Transport Airplane (or their delegated agent). You are required (f)(5) of this AD requires compliance ‘‘within Directorate, FAA, has the authority to to assure the product is airworthy before it 500 flight hours or 6 months’’ for the approve AMOCs for this AD, if requested is returned to service. corresponding action. using the procedures found in 14 CFR 39.19. (3) Reporting Requirements: For any (2) ‘‘Part VII’’ of the MCAI specifies a Send information to ATTN: Sanjay Ralhan, compliance time of ‘‘within 2,500 flight Aerospace Engineer, International Branch, reporting requirement in this AD, under the hours or 12 months.’’ However, paragraph ANM–116, Transport Airplane Directorate, provisions of the Paperwork Reduction Act (f)(7) of this AD requires compliance ‘‘within FAA, 1601 Lind Avenue, SW., Renton, (44 U.S.C. 3501 et seq.), the Office of 1,000 flight hours or 10 months’’ for the Washington 98057–3356; telephone (425) Management and Budget (OMB) has corresponding action. 227–1405; fax (425) 227–1149. Before using approved the information collection (3) ‘‘Part VIII’’ of the MCAI specifies a any approved AMOC on any airplane to requirements and has assigned OMB Control compliance time of ‘‘within 6,000 flight which the AMOC applies, notify your Number 2120–0056. hours or 30 months.’’ However, paragraph principal maintenance inspector (PMI) or (f)(8) of this AD requires compliance ‘‘within principal avionics inspector (PAI), as Related Information 1,000 flight hours or 10 months’’ for the appropriate, or lacking a principal inspector, (h) Refer to Brazilian Airworthiness corresponding action. your local Flight Standards District Office. Directive 2006–09–03R1, effective January 4, (2) Airworthy Product: For any requirement 2007; and the service bulletins listed in Table Other FAA AD Provisions in this AD to obtain corrective actions from (g) The following provisions also apply to a manufacturer or other source, use these 1 of this AD; for related information. this AD: actions if they are FAA-approved. Corrective

TABLE 1—RELATED SERVICE BULLETINS

Embraer Service Bulletin— Revision— Dated—

145–30–0044 ...... 01 ...... June 26, 2006. 145–30–0044 ...... 02 ...... September 25, 2006. 145–30–0044 ...... 03 ...... December 12, 2006. 145–30–0044 ...... 04 ...... May 14, 2008. 145–30–0049 ...... Original ...... June 28, 2006. 145–30–0049 ...... 01 ...... October 19, 2006. 145LEG–30–0016 ...... Original ...... June 28, 2006. 145LEG–30–0016 ...... 01 ...... February 5, 2007. 145LEG–30–0018 ...... 02 ...... December 12, 2006. 145LEG–30–0018 ...... 03 ...... May 14, 2008

Material Incorporated by Reference Aeronautica S.A. (EMBRAER), Technical availability of this material at the FAA, call (i) You must use the applicable service Publications Section (PC 060), Av. Brigadeiro 425–227–1221 or 425–227–1152. Faria Lima, 2170—Putim—12227–901 Sa˜o information contained in Table 2 of this AD (4) You may also review copies of the Jose dos Campos—SP—BRASIL; telephone: to do the actions required by this AD, unless service information that is incorporated by +55 12 3927–5852 or +55 12 3309–0732; fax: reference at the National Archives and the AD specifies otherwise. +55 12 3927–7546; e-mail: Records Administration (NARA). For (1) The Director of the Federal Register [email protected]; Internet: http:// approved the incorporation by reference of www.flyembraer.com. information on the availability of this this service information under 5 U.S.C. (3) You may review copies of the service material at NARA, call 202–741–6030, or go 552(a) and 1 CFR part 51. information at the FAA, Transport Airplane to: http://www.archives.gov/federal_register/ (2) For service information identified in Directorate, 1601 Lind Avenue, SW., Renton, code_of_federal_regulations/ this AD, contact Empresa Brasileira de Washington. For information on the ibr_locations.html.

TABLE 2—MATERIAL INCORPORATED BY REFERENCE

Embraer Service Bulletin— Revision— Dated—

145LEG–30–0016 ...... Original ...... June 28, 2006. 145LEG–30–0016 ...... 01 ...... February 5, 2007. 145LEG–30–0018 ...... 02 ...... December 12, 2006. 145LEG–30–0018 ...... 03 ...... May 14, 2008. 145–30–0044 ...... 01 ...... June 26, 2006. 145–30–0044 ...... 02 ...... September 25, 2006. 145–30–0044 ...... 03 ...... December 12, 2006. 145–30–0044 ...... 04 ...... May 14, 2008. 145–30–0049 ...... Original ...... June 28, 2006. 145–30–0049 ...... 01 ...... October 19, 2006.

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Issued in Renton, Washington, on • Federal eRulemaking Portal: Go to some cases, the screw head was missing December 1, 2009. http://www.regulations.gov. Follow the a lock-wiring hole making it impossible Michael Kaszycki, instructions for submitting your to install a safety-wire between the Acting Manager, Transport Airplane comments electronically. screw head and the nut. Failure of the Directorate, Aircraft Certification Service. • Fax: (202) 493–2251. clamp attachment screw can lead to [FR Doc. E9–29576 Filed 12–11–09; 8:45 am] • Mail: U.S. Department of damage to the main or tail rotor blades BILLING CODE 4910–13–P Transportation, Docket Operations, M– and is a risk for persons on the ground. 30, West Building Ground Floor, Room You may obtain further information W12–140, 1200 New Jersey Avenue, SE., by examining the DGAC and MCAI ADs DEPARTMENT OF TRANSPORTATION Washington, DC 20590. • and any related service information in Hand Delivery: U.S. Department of the AD docket. Federal Aviation Administration Transportation, Docket Operations, M– 30, West Building Ground Floor, Room Related Service Information 14 CFR Part 39 W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. Eurocopter has issued Emergency [Docket No. FAA–2009–1008; Directorate Alert Service Bulletin (ASB) No. Identifier 2008–SW–62–AD; Amendment 39– and 5 p.m., Monday through Friday, 30.00.66 for the Model AS332C, C1, L, 16063; AD 2009–22–10] except Federal holidays. You may get the service information and L1; and No. 30.20 for the Model RIN 2120–AA64 identified in this AD from American SA330J, F, and G, both Revision 1 and Eurocopter Corporation, 2701 Forum both dated August 21, 2008. The ASBs Airworthiness Directives; Eurocopter specify removing the retaining clamp France (ECF) Model AS332C, AS332L, Drive, Grand Prairie, TX 75053–4005, telephone (800) 232–0323, fax (972) from the distributor, checking the blade AS332L1, AS332L2, SA330F, SA330G, clamp and attachment screw for and SA330J Helicopters 641–3710, or at http:// www.eurocopter.com. interference between the screw head AGENCY: Federal Aviation Examining the Docket: You may and the clamp, checking for a crack in Administration (FAA), Department of examine the AD docket on the Internet the shank of the screw, checking for a Transportation (DOT). at http://www.regulations.gov or in lock-wiring hole in the screw, and identifying the clamp with a ‘‘V.’’ The ACTION: Final rule; request for person at the Docket Operations office actions described in the EASA MCAI comments. between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD are intended to correct the same SUMMARY: We are adopting a new The AD docket contains this AD, the unsafe condition as that identified in airworthiness directive (AD) for the economic evaluation, any comments the service information. specified ECF helicopters. This AD received, and other information. The FAA’s Evaluation and Unsafe Condition results from a mandatory continuing street address for the Docket Operations Determination airworthiness information (MCAI) AD office (telephone (800) 647–5527) is issued by the European Aviation Safety stated in the ADDRESSES section of this These helicopters have been approved Agency (EASA), the Technical Agent for AD. Comments will be available in the by the aviation authority of France, and the aviation authority of France. The AD docket shortly after receipt. are approved for operation in the United MCAI AD states there have been two FOR FURTHER INFORMATION CONTACT: States. Pursuant to our bilateral cases of failure of the screw that secures DOT/FAA Southwest Region, J.R. agreement with France, EASA, the the main rotor blade (blade) deicing Holton, Jr., ASW–112, Aviation Safety Technical Agent for France, has notified system distributor retaining clamp Engineer, Rotorcraft Directorate, Safety us of the unsafe condition described in (clamp). Analysis revealed that these Management Group, 2601 Meacham the EASA MCAI AD. We are issuing this failures were the result of insufficient Blvd., Fort Worth, Texas 76137, AD because we evaluated all clearance of the screw and the clamp telephone (817) 222–4964, fax (817) information provided by the EASA and assembly causing the screw to bend and 222–5961. determined the unsafe condition exists also by some screws having and is likely to exist or develop on other SUPPLEMENTARY INFORMATION: nonconforming material hardness. Also, helicopters of these same type designs. some of the screw heads were missing Discussion Differences Between This AD and the a lock-wiring hole preventing the use of EASA, which is the Technical Agent MCAI AD lock-wiring between the screw head and for the Member States of the European the nut. Community, has issued EASA AD 2009– We describe the action taken in the These actions are intended to detect 0003R1, dated January 13, 2009, to AD as an inspection rather than a check. failure of the clamp attachment screw correct an unsafe condition for the Costs of Compliance leading to damage to the main or tail specified Eurocopter model helicopters. rotor blades and risk to persons on the That EASA AD superseded EASA AD We estimate that this AD will affect ground by impact from a departed screw 2009–003–E, dated January 6, 2009, about 16 helicopters of U.S. registry. We or clamp. which superseded EASA AD 2008– also estimate that it will take about 3 DATES: This AD becomes effective on 0162–E, dated August 26, 2008, which work-hours per helicopter to inspect the December 29, 2009. superseded Direction ge´ne´rale de blade clamp and attachment screw and The incorporation by reference of l’aviation civile (DGAC) AD UF–2008– replace the screw on each helicopter. certain publications is approved by the 029, dated August 21, 2008. The average labor rate is $80 per work- Director of the Federal Register as of EASA reports two cases of failure of hour. Required parts will cost about December 29, 2009. the screw that secures the blade clamp. $200 per helicopter. Based on these We must receive comments by Analyses revealed that these failures of figures, we estimate the cost of this AD February 12, 2010. the screw were the result of assembly on U.S. operators will be $7,040, ADDRESSES: You may send comments by stress in the screw head and assuming the clamp and attachment any of the following methods: nonconforming screw hardness. Also, in screw are replaced on each helicopter.

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FAA’s Determination of the Effective Regulatory Findings screw that secures the blade clamp. Date Examination revealed that these failures were We determined that this AD will not the result of assembly stress in the screw An unsafe condition exists that have federalism implications under head and nonconforming hardness of the requires the immediate adoption of this Executive Order 13132. This AD will affected screws. Also, in some cases, the AD. We find the risk to the flying public not have a substantial direct effect on lock-wiring hole was missing from the screw justifies waiving notice and comment the States, on the relationship between head making it impossible to install safety prior to adoption of this rule because the national government and the States, wire between the screw head and the nut. failure of the clamp attachment screw or on the distribution of power and can cause separation of the clamp and responsibilities among the various Actions and Compliance screw and damage to the main or tail levels of government. (e) Inspect each clamp within 50 hours rotor blades. Therefore, we have Therefore, I certify this AD: time-in-service (TIS), without exceeding 3 determined that notice and opportunity 1. Is not a ‘‘significant regulatory months, for each clamp with an attachment for public comment before issuing this action’’ under Executive Order 12866; screw that is not welded to the barrel, or AD are impracticable and that good 2. Is not a ‘‘significant rule’’ under the within 20 hours TIS, without exceeding 1 cause exists for making this amendment DOT Regulatory Policies and Procedures month, for each clamp with an attachment effective in fewer than 30 days. screw that is welded to the barrel as follows, (44 FR 11034, February 26, 1979); and unless already accomplished: 3. Will not have a significant Comments Invited (1) Remove the clamp from the distributor, economic impact, positive or negative, This AD is a final rule that involves as depicted in Figure 2 and by following on a substantial number of small entities paragraph 2.B.2.a. of the Accomplishment requirements affecting flight safety, and under the criteria of the Regulatory Instructions, in Eurocopter Emergency Alert we did not precede it by notice and Flexibility Act. Service Bulletin No. 30.00.66, Revision 1, opportunity for public comment. We prepared an economic evaluation dated August 21, 2008 (ASB 332) for the However, we invite you to send us any of the estimated costs to comply with Model AS332 C, C1, L, L1 helicopters or written data, views, or arguments this AD and placed it in the AD docket. Eurocopter Emergency Alert Service Bulletin concerning this AD. Send your No. 30.20, Revision 1, dated August 21, 2008 comments to an address listed under the List of Subjects in 14 CFR Part 39 (ASB 330) for the Model SA330 J, F, and G ADDRESSES section of this AD. Include Air transportation, Aircraft, Aviation helicopters. ‘‘Docket No. FAA–2009–1008; safety, Incorporation by reference, Note: The service bulletin references 3 Directorate Identifier 2008–SW–62–AD’’ Safety. documents: No. 30.00.66 for Model AS332 at the beginning of your comments. We helicopters, No. 30.00.26 for Model AS532 specifically invite comments on the Adoption of the Amendment helicopters, and No. 30.20 for Model SA330 overall regulatory, economic, ■ Accordingly, under the authority helicopters. This AD does not reference No. environmental, and energy aspects of delegated to me by the Administrator, 30.00.26 because the Model AS532 helicopters are not type certificated in the this AD. We will consider all comments the FAA amends 14 CFR part 39 as United States. 14 CFR part 39 only allows the received by the closing date and may follows: amend this AD because of those FAA to issue ADs against type certificated comments. PART 39—AIRWORTHINESS products. We will post all comments we DIRECTIVES (2) Measure the clearance between the receive, without change, to http:// screw head and the clamp as depicted in www.regulations.gov including any ■ 1. The authority citation for part 39 Figure 1 and by following paragraph 2.B.2.b. personal information you provide. We continues to read as follows: of the Accomplishment Instructions of ASB 332 or ASB 330, as appropriate for your will also post a report summarizing each Authority: 49 U.S.C. 106(g), 40113, 44701. model helicopter. If the clearance is less than substantive verbal contact we receive § 39.13 [Amended] 1 millimeter, rework the clamp until the about this AD. clearance is between 1 and 2 millimeters. ■ Authority for This Rulemaking 2. The FAA amends § 39.13 by adding (3) Inspect the screw for a crack and for a the following new AD: safety-wire hole in the head of the screw as Title 49 of the United States Code depicted in Figure 2 and by following specifies the FAA’s authority to issue 2009–22–10 Eurocopter France: Amendment 39–16063. Docket No. paragraph 2.B.2.c. of the Accomplishment rules on aviation safety. Subtitle I, FAA–2009–1008; Directorate Identifier Instructions of ASB 332 or ASB 330, as section 106, describes the authority of 2008–SW–62–AD. appropriate for your model helicopter. the FAA Administrator. ‘‘Subtitle VII: (i) If there is a crack in the screw, before Aviation Programs,’’ describes in more Effective Date further flight, replace the screw. detail the scope of the Agency’s (a) This airworthiness directive (AD) (ii) If there is no safety-wire hole in the authority. becomes effective on December 29, 2009. head of the screw, before further flight, either We are issuing this rulemaking under Other Affected ADs replace the screw with a screw having a the authority described in ‘‘Subtitle VII, safety wire hole or drill a hole as depicted (b) None. Part A, Subpart III, Section 44701: in Figure 2, Detail D, of either ASB 332 or General requirements.’’ Under that Applicability ASB 330, as appropriate for your model helicopter. section, Congress charges the FAA with (c) This AD applies to Model AS332C, promoting safe flight of civil aircraft in AS332L, AS332L1, AS332L2, SA330F, (4) If there is a P/N on the clamp, vibro- air commerce by prescribing regulations SA330G, and SA330J helicopters with a main engrave the letter ‘‘V’’ after the P/N on the band of the clamp, as depicted for practices, methods, and procedures rotor blade (blade) de-icing system distributor retaining clamp (clamp), part in Detail G of Figure 4 of either ASB 332 or the Administrator finds necessary for ASB 330, as appropriate for your model safety in air commerce. This regulation number (P/N) 225000–18454, or P/N D18454, installed, certificated in any category. helicopter. If there is no P/N marked on the is within the scope of that authority clamp, vibro-engrave the letter ‘‘V’’ on the because it addresses an unsafe condition Reason band of the clamp near to the screw head. that is likely to exist or develop on (d) The mandatory continuing (5) Safety the clamp as shown in Figure 3 products identified in this rulemaking airworthiness information (MCAI) states that of either ASB 332 or ASB 330, as appropriate action. there have been two cases of failure of the for your model helicopter.

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Differences Between This AD and the MCAI DEPARTMENT OF TRANSPORTATION To get the service information AD identified in this AD, contact Cirrus (f) We refer to the actions required by the Federal Aviation Administration Design Corporation, 4515 Taylor Circle, AD as inspections rather than checks. Duluth, MN 55811–1548; telephone: 14 CFR Part 39 (218) 788–3000; fax: (218) 788–3525; e- Other Information [Docket No. FAA–2009–1162; Directorate mail: [email protected]; (g) Alternative Methods of Compliance Identifier 2009–CE–066–AD; Amendment Internet: http://cirrusaircraft.com. (AMOCs): The Manager, Safety Management 39–16136; AD 2009–26–01] To view the comments to this AD, go Group, ATTN: DOT/FAA Southwest Region, to http://www.regulations.gov. The J. R. Holton, Jr., ASW–112, Aviation Safety RIN 2120–AA64 docket number is FAA–2009–1162; Engineer, Rotorcraft Directorate, 2601 Airworthiness Directives; Cirrus Directorate Identifier 2009–CE–066–AD. Meacham Blvd., Fort Worth, Texas 76137, Design Corporation Model SR22 telephone (817) 222–4964, fax (817) 222– FOR FURTHER INFORMATION CONTACT: Airplanes 5961, has the authority to approve AMOCs Anthony Flores, Aerospace Engineer, for this AD, if requested using the procedures AGENCY: Federal Aviation Chicago Aircraft Certification Office found in 14 CFR 39.19. Administration (FAA), DOT. (ACO), 2300 E. Devon Ave., Room 107, Related Information ACTION: Final rule; request for Des Plaines, Illinois 60018; telephone: comments. (847) 294–7140; fax: (847) 294–7834. (h) EASA AD No. 2009–0003R1, dated January 13, 2009. SUMMARY: We are adopting a new SUPPLEMENTARY INFORMATION: Joint Aircraft System/Component (JASC) airworthiness directive (AD) for certain Discussion Code Cirrus Design Corporation Model SR22 airplanes equipped with an anti-ice We were notified by Cirrus Design (i) JASC Code 3000, Ice and Rain system approved for flight into known Corporation that, during a quality Protection System. icing. This AD requires you to inspect assurance inspection test flight on a Material Incorporated by Reference the compression fittings on the anti-ice Model SR22 airplane, a compression (j) You must use the specified portions of fluid distribution lines for proper fitting separated from an anti-ice fluid Eurocopter Emergency Alert Service Bulletin installation and repair any fittings that distribution line. They determined the 30.00.66 for the AS332 Model C, C1, L, and were not properly installed. This AD root cause of this failure was improper L1 helicopters and No. 30.20 for the Model results from the manufacturer finding crimping of the fitting during J, F, and G helicopters, both Revision 1, both some anti-ice fluid distribution lines fabrication. The condition is possible on dated August 21, 2008, to do the actions where the compression fittings were not other SR22 airplanes since this required. properly installed. We are issuing this fabrication procedure had not changed (1) The Director of the Federal Register AD to detect and correct anti-ice fluid since approval of the flight into known approved the incorporation by reference of distribution lines with improperly icing system. this service information under 5 U.S.C. installed compression fittings, which This condition, if not corrected, could 552(a) and 1 CFR part 51. could result in anti-ice fluid distribution result in anti-ice fluid distribution line (2) For service information identified in line separation. A line separation could separation. A line separation could this AD, contact American Eurocopter result in a total loss of ice protection result in a total loss of ice protection Corporation, 2701 Forum Drive, Grand fluid supply to the protected surfaces, fluid supply to the protected surfaces, Prairie, TX 75053–4005, telephone (800) which would allow ice to build on the which would allow ice to build on the 232–0323, fax (972) 641–3710, or at http:// airplane and degrade the handling airplane and degrade the handling www.eurocopter.com. qualities and performance. qualities and performance. (3) You may review copies at the FAA, DATES: This AD becomes effective on Office of the Regional Counsel, Southwest December 21, 2009. Relevant Service Information Region, 2601 Meacham Blvd.; or at the On December 21, 2009, the Director of We reviewed Cirrus SR22 Service National Archives and Records the Federal Register approved the Bulletin SB 2X–30–08, dated November Administration (NARA). For information on incorporation by reference of certain 9, 2009. The service information the availability of this material at NARA, call publications listed in this AD. (202) 741–6030, or go to: http:// We must receive any comments on describes procedures for inspecting the www.archives.gov/federal-register/cfr/ibr- this AD by January 28, 2010. anti-ice fluid distribution line compression fittings for proper locations.html. ADDRESSES: Use one of the following installation. The service information addresses to comment on this AD. Issued in Fort Worth, Texas, on October 21, • also describes procedures for properly 2009. Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the installing compression fittings on the Mark R. Schilling, instructions for submitting comments. anti-ice fluid distribution lines. Acting Manager, Rotorcraft Directorate, • Fax: (202) 493–2251. FAA’s Determination and Requirements Aircraft Certification Service. • Mail: U.S. Department of of This AD [FR Doc. E9–26118 Filed 12–11–09; 8:45 am] Transportation, Docket Operations, M– BILLING CODE 4910–13–P 30, West Building Ground Floor, Room We are issuing this AD because we W12–140, 1200 New Jersey Avenue, SE., evaluated all the information and Washington, DC 20590. determined the unsafe condition • Hand Delivery: U.S. Department of described previously is likely to exist or Transportation, Docket Operations, M– develop on other products of the same 30, West Building Ground Floor, Room type design. This AD requires you to W12–140, 1200 New Jersey Avenue, SE., inspect for proper installation of Washington, DC 20590, between 9 a.m. compression fittings on the anti-ice and 5 p.m., Monday through Friday, fluid distribution lines and repair any except Federal holidays. fittings that were not properly installed.

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FAA’s Determination of the Effective ‘‘General requirements.’’ Under that Adoption of the Amendment Date section, Congress charges the FAA with ■ promoting safe flight of civil aircraft in Accordingly, under the authority An unsafe condition exists that delegated to me by the Administrator, requires the immediate adoption of this air commerce by prescribing regulations for practices, methods, and procedures the FAA amends 14 CFR part 39 as AD. The FAA has found that the risk to follows: the flying public justifies waiving notice the Administrator finds necessary for and comment prior to adoption of this safety in air commerce. This regulation PART 39—AIRWORTHINESS rule because a malfunction of the anti- is within the scope of that authority DIRECTIVES ice system could result in a total loss of because it addresses an unsafe condition ice protection fluid supply to the that is likely to exist or develop on ■ 1. The authority citation for part 39 protected surfaces. This condition products identified in this rulemaking continues to read as follows: would allow ice to build on the airplane action. Authority: 49 U.S.C. 106(g), 40113, 44701. and degrade the handling qualities and Regulatory Findings performance. Therefore, we determined § 39.13 [Amended] that notice and opportunity for public We determined that this AD will not ■ 2. The FAA amends § 39.13 by adding comment before issuing this AD are have federalism implications under the following new airworthiness impracticable and that good cause exists Executive Order 13132. This AD will directive (AD): for making this amendment effective in not have a substantial direct effect on fewer than 30 days. the States, on the relationship between 2009–26–01 Cirrus Design Corporation: the national government and the States, Amendment 39–16136; Docket No. Comments Invited FAA–2009–1162; Directorate Identifier or on the distribution of power and 2009–CE–066–AD. This AD is a final rule that involves responsibilities among the various requirements affecting flight safety, and levels of government. Effective Date we did not precede it by notice and an For the reasons discussed above, I (a) This AD becomes effective on December opportunity for public comment. We certify that this AD: 21, 2009. invite you to send any written relevant (1) Is not a ‘‘significant regulatory Affected ADs data, views, or arguments regarding this action’’ under Executive Order 12866; (b) None. AD. Send your comments to an address (2) Is not a ‘‘significant rule’’ under listed under the ADDRESSES section. DOT Regulatory Policies and Procedures Applicability Include the docket number ‘‘FAA– (44 FR 11034, February 26, 1979); and (c) This AD applies to Model SR22 2009–1162; Directorate Identifier 2009– (3) Will not have a significant airplanes; serial numbers 3409, 3411 through CE–066–AD’’ at the beginning of your 3430, 3432 through 3441, 3443 through 3450, economic impact, positive or negative, comments. We specifically invite 3455 through 3465, 3467, 3468, 3470 through on a substantial number of small entities comments on the overall regulatory, 3472, 3485, 3486, 3488, 3489, 3491 through under the criteria of the Regulatory economic, environmental, and energy 3493, 3495 through 3500, 3504, 3505, 3512, Flexibility Act. aspects of the AD. We will consider all 3513, 3517, 3524, 3525, 3528, and 3546 that We prepared a regulatory evaluation are: comments received by the closing date (1) Equipped with an anti-ice system and may amend the AD in light of those of the estimated costs to comply with this AD and placed it in the AD docket. approved for flight into known icing; and comments. (2) Certificated in any category. We will post all comments we Examining the AD Docket receive, without change, to http:// Subject www.regulations.gov, including any You may examine the AD docket that (d) Air Transport Association of America personal information you provide. We contains the AD, the regulatory (ATA) Code 30: Ice and Rain Protection. will also post a report summarizing each evaluation, any comments received, and Unsafe Condition substantive verbal contact we receive other information on the Internet at http://www.regulations.gov; or in person (e) This AD is the result of an anti-ice fluid concerning this AD. line separation during a quality assurance at the Docket Management Facility Authority for This Rulemaking inspection at the manufacturing plant. We between 9 a.m. and 5 p.m., Monday are issuing this AD to detect and correct anti- Title 49 of the United States Code through Friday, except Federal holidays. ice fluid distribution lines with improperly specifies the FAA’s authority to issue The Docket Office (telephone (800) 647– installed compression fittings, which could rules on aviation safety. Subtitle I, 5527) is located at the street address result in anti-ice fluid distribution line Section 106, describes the authority of stated in the ADDRESSES section. separation. A line separation could result in the FAA Administrator. Subtitle VII, Comments will be available in the AD a total loss of ice protection fluid supply to Aviation Programs, describes in more docket shortly after receipt. the protected surfaces, which would allow ice to build on the airplane and degrade the detail the scope of the Agency’s List of Subjects in 14 CFR Part 39 handling qualities and performance. authority. We are issuing this rulemaking under Air transportation, Aircraft, Aviation Compliance the authority described in Subtitle VII, safety, Incorporation by reference, (f) To address this problem, you must do Part A, Subpart III, Section 44701, Safety. the following, unless already done:

Actions Compliance Procedures

(1) Fabricate a placard (using at least 1⁄8-inch Before further flight after December 21, 2009 Not Applicable. letters) with the following words and install a (the effective date of this AD), unless the placard on the instrument panel within the pi- inspection requirement of paragraph (f)(2) lot’s clear view: ‘‘FLIGHT INTO KNOWN OR has already been done. FORECAST ICING PROHIBITED.’’

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Actions Compliance Procedures

(2) Inspect and repair as necessary the anti-ice (i) Inspect at the next scheduled inspection Follow Cirrus SR22 Service Bulletin SB 2X– fluid line compression fittings. Accomplish- after December 21, 2009 (the effective date 30–08, dated November 9, 2009. ment of all of the actions specified in Cirrus of this AD) or within the next 100 hours SR22 service bulletin SB 2X–30–08, dated time-in-service after December 21, 2009 November 9, 2009, terminates the placard re- (the effective date of this AD), whichever quirements specified in paragraph (f)(1) of occurs first. this AD. (ii) Repair before further flight after the in- spection specified in paragraph (f)(2) of this AD where any incorrectly installed compres- sion fittings are found.

Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION § 39.13 [Corrected] (AMOCs) On page 55126, in the second column, (g) The Manager, Chicago Aircraft Federal Aviation Administration in the last sentence of the Summary Certification Office (ACO), FAA, has the Section, ‘‘We are issuing this AD to authority to approve AMOCs for this AD, if 14 CFR Part 39 prevent loss of asymmetric thrust and requested using the procedures found in 14 [Docket No. FAA–2009–0018; Directorate thrust control.’’ is corrected to read ‘‘We CFR 39.19. Send information to ATTN: Identifier 2009–NE–01–AD; Amendment 39– are issuing this AD to prevent Anthony Flores, Aerospace Engineer, 16044; AD 2009–21–07] asymmetric thrust and loss of thrust Chicago Aircraft Certification Office (ACO), RIN 2120–AA64 control.’’ 2300 E. Devon Ave., Room 107, Des Plaines, On page 55129, in the third column, Illinois 60018; telephone: (847) 294–7140; Airworthiness Directives; General in the last sentence of paragraph (d), fax: (847) 294–7834. Before using any Electric Company CF6–80C2 Series ‘‘We are issuing this AD to prevent loss approved AMOC on any airplane to which Turbofan Engines; Correction of asymmetric thrust and thrust the AMOC applies, notify your appropriate control.’’ is corrected to read ‘‘We are principal inspector (PI) in the FAA Flight AGENCY: Federal Aviation issuing this AD to prevent asymmetric Standards District Office (FSDO), or lacking Administration (FAA), Department of thrust and loss of thrust control.’’ a PI, your local FSDO. Transportation (DOT). On page 55130, in the first column, in Material Incorporated by Reference ACTION: Final rule; correction. paragraph (j), in the third line, (h) You must use Cirrus SR22 Service ‘‘MS2124S06’’ is corrected to read SUMMARY: The FAA is correcting ‘‘MS21242S06.’’ Bulletin SB 2X–30–08, dated November 9, airworthiness directive (AD) 2009–21– 2009, to do the actions required by this AD, 07, which published in the Federal Issued in Burlington, Massachusetts, on unless the AD specifies otherwise. Register. That AD applies to General December 4, 2009. (1) The Director of the Federal Register Electric Company (GE) CF6–80C2 series Peter A. White, approved the incorporation by reference of turbofan engines with certain thrust Assistant Manager, Engine and Propeller this service information under 5 U.S.C. reverser ballscrew gearbox assembly Directorate, Aircraft Certification Service. 552(a) and 1 CFR part 51. [FR Doc. E9–29483 Filed 12–11–09; 8:45 am] (2) For service information identified in adjustable-length end actuators BILLING CODE 4910–13–P this AD, contact Cirrus Design Corporation, installed. The unsafe condition 4515 Taylor Circle, Duluth, MN 55811–1548; statement of ‘‘We are issuing this AD to prevent loss of asymmetric thrust and telephone: (218) 788–3000; fax: (218) 788– DEPARTMENT OF TRANSPORTATION 3525; e-mail: [email protected]; thrust control’’, and rod-end part number ‘‘MS2124S06’’ in paragraph (j) Internet: http://cirrusaircraft.com. Federal Aviation Administration (3) You may review copies of the service are incorrect. This document corrects the unsafe condition statement and the information incorporated by reference for 14 CFR Part 39 this AD at the FAA, Central Region, Office of part number. In all other respects, the the Regional Counsel, 901 Locust, Kansas original document remains the same. [Docket No. FAA–2009–0143; Directorate City, Missouri 64106. For information on the DATES: Effective December 14, 2009. Identifier 2009–NE–05–AD; Amendment 39– 16135; AD 2009–25–14] availability of this material at the Central FOR FURTHER INFORMATION CONTACT: Region, call (816) 329–3768. Christopher J. Richards, Aerospace RIN 2120–AA64 (4) You may also review copies of the Engineer, Engine Certification Office, service information incorporated by reference FAA, Engine & Propeller Directorate, 12 Airworthiness Directives; General for this AD at the National Archives and New England Executive Park, Electric Company GE90–110B1, GE90– Records Administration (NARA). For Burlington, MA 01803; e-mail: 113B, and GE90–115B Series Turbofan information on the availability of this [email protected]; Engines material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/ telephone (781) 238–7133; fax (781) AGENCY: Federal Aviation code_of_federal_regulations/ 238–7199. Administration (FAA), DOT. ibr_locations.html. SUPPLEMENTARY INFORMATION: On ACTION: Final rule. October 27, 2009 (74 FR 55126), we Issued in Kansas City, Missouri, on published a final rule AD, FR Doc. E9– SUMMARY: The FAA is adopting a new December 4, 2009. 24391, in the Federal Register. That AD airworthiness directive (AD) for General William Timberlake, applies to GE CF6–80C2 series turbofan Electric Company (GE) GE90–110B1, Acting Manager, Small Airplane Directorate, engines with certain thrust reverser GE90–113B, and GE90–115B series Aircraft Certification Service. ballscrew gearbox assembly adjustable- turbofan engines with stage 6 low- [FR Doc. E9–29578 Filed 12–11–09; 8:45 am] length end actuators installed. We need pressure turbine (LPT) blades, part BILLING CODE 4910–13–P to make the following corrections: number (P/N) 1765M37P03 or P/N

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1765M37P04, installed. This AD except Federal holidays. The AD docket Request To Reference the Latest GE SB requires initial and repetitive contains this AD, the regulatory Revision inspections for shroud interlock wear of evaluation, any comments received, and GE Aviation, Japan Airlines, and Eva the stage 6 LPT blades. This AD also other information. The street address for Air request that we reference using requires replacing those blades with the Docket Operations office (telephone latest GE SB in the AD, which is SB No. stage 6 LPT blades eligible for (800) 647–5527) is provided in the GE90–100 SB 72–0260, Revision 7, installation at the next engine shop visit ADDRESSES section. Comments will be dated June 2, 2009. as terminating action to the repetitive available in the AD docket shortly after We agree and have referenced the use blade inspections. This AD results from receipt. of Revision 7 in the AD. eight reports of GE90–115B stage 6 LPT Comments single-blade separation events. We are Request To Reference the Use of Later- issuing this AD to prevent failure of We provided the public the FAA-Approved SB Revisions stage 6 LPT blades, which could result opportunity to participate in the One commenter, V Australia, requests in uncontained engine failure and development of this AD. We have that we state to use ‘‘or later-FAA- damage to the airplane. considered the comments received. approved revision of the SB’’ in the AD. DATES: This AD becomes effective Request To Include Service Bulletin The commenter states that Revision 7 January 19, 2010. The Director of the (SB) Revision 3 has been issued since the proposed AD Federal Register approved the was issued, and it is likely that GE will incorporation by reference of certain One commenter, All Nippon Airways, issue more revisions. publications listed in the regulations as requests that we include GE SB No. We do not agree. Rulemaking of January 19, 2010. GE90–100 SB 72–0260, Revision 3, requirements do not permit advance dated July 17, 2008, in Previous Credit ADDRESSES: You can get the service approval of unknown future revisions to paragraph (i). information identified in this AD from service bulletins. We did not change the We do not agree. That SB does not AD. General Electric Company via GE– specifically call out the need to inspect Aviation, Attn: Distributions, 111 engines with replacement, original Request To Add SB Revision 6 to Merchant St., Room 230, Cincinnati, configuration, stage 6 LPT blades. We Previous Credit Paragraph (i) Ohio 45246; telephone (513) 552–3272; did not change the AD. fax (513) 552–3329. GE Aviation and Japan Airlines The Docket Operations office is Request To Correct SB Paragraph request that we add GE SB No. GE90– located at Docket Management Facility, References 100 SB 72–0260, Revision 6, dated May U.S. Department of Transportation, 1200 1, 2009, to the list of SB revisions in the All Nippon Airways and Japan Previous Credit paragraph (i). New Jersey Avenue, SE., West Building Airlines requests that in paragraph (f), Ground Floor, Room W12–140, We agree and added SB Revision 6 to we correct the reference of what that paragraph. Washington, DC 20590–0001. paragraphs to use in the SB, from ‘‘3.A FOR FURTHER INFORMATION CONTACT: through 3.A.(3)(g)(12)’’, to ‘‘3.A through Request for Change in Definition Barbara Caufield, Aerospace Engineer, 3.A.(2)(g)(12)’’. Paragraph (j) Engine Certification Office, FAA, Engine We agree the reference needs Japan Airlines requests that we & Propeller Directorate, 12 New England correcting. We made the correction, but change the Definition paragraph (j) to Executive Park, Burlington, MA 01803; listed the latest revision of the SB, exclude the induction of engines into e-mail: [email protected]; which is GE SB No. GE90–100 SB 72– the shop for maintenance action that telephone (781) 238–7146; fax (781) 0260, Revision 7, dated June 2, 2009. can be performed at line maintenance, 238–7199. We also added SB No. GE90–100 SB 72– but which is performed in the shop for SUPPLEMENTARY INFORMATION: The FAA 0260, Revision 6, dated May 1, 2009, to operator convenience. The commenter proposed to amend 14 CFR part 39 with the Previous Credit paragraph. states that making this change will help a proposed AD. The proposed AD eliminate an unnecessary burden to the applies to GE GE90–110B1, GE90–113B, Requests To Change the Unsafe Condition Paragraph (d) operators. and GE90–115B series turbofan engines We do not agree. The existing engine with stage 6 LPT blades, P/N GE Aviation requests that we change shop visit definition is intended to lead 1765M37P03 or P/N 1765M37P04, the Unsafe Condition paragraph (d) to operators to perform the terminating installed. We published the proposed state that, in each case, the engine action as soon as possible. Doing this AD in the Federal Register on June 24, continued to produce commanded will reduce the reliance upon repetitive 2009 (74 FR 30020). That action thrust. inspections and continued risk of blade proposed to require initial and We do not agree. Although the failure. We did not change the AD. repetitive inspections for shroud statement is true, adding it would lessen interlock wear of the stage 6 LPT blades. the impact of, and detract from, the Conclusion That action also proposed to require existing unsafe condition statement. We We have carefully reviewed the replacing those blades with stage 6 LPT did not change the AD. available data, including the comments blades eligible for installation at the Boeing requests that we change the received, and determined that air safety next engine shop visit as terminating Unsafe Condition paragraph (d) to also and the public interest require adopting action to the repetitive blade state that there is a remote possibility of the AD with the changes described inspections. the unsafe condition event occurring on previously. We have determined that both engines on a given flight. these changes will neither increase the Examining the AD Docket We do not agree. We considered the economic burden on any operator nor You may examine the AD docket on possibility of a dual-engine failure event increase the scope of the AD. the Internet at http:// during our safety analysis and when www.regulations.gov; or in person at the determining the appropriate compliance Costs of Compliance Docket Operations office between 9 a.m. actions for this AD. We did not change We estimate that this AD will affect and 5 p.m., Monday through Friday, the AD. four GE GE90–110B1, GE90–113B, and

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GE90–115B series engines installed on List of Subjects in 14 CFR Part 39 Terminating Action airplanes of U.S. registry. We also Air transportation, Aircraft, Aviation (g) At the next engine shop visit, replace estimate that it will take about 18 work- safety, Incorporation by reference, the stage 6 LPT blades, P/N 1765M37P03 or hours per engine to perform one Safety. P/N 1765M37P04, with stage 6 LPT blades inspection of the stage 6 LPT blades, eligible for installation as terminating action and that the average labor rate is $80 per Adoption of the Amendment to the repetitive inspections required by this work-hour. Replacement stage 6 LPT ■ Accordingly, under the authority AD. blades will cost $258,280 per engine. delegated to me by the Administrator, Installation Prohibition of Affected Stage 6 We estimate that no additional labor the Federal Aviation Administration LPT Blades costs will be incurred to perform the amends 14 CFR part 39 as follows: (h) After the effective date of this AD, do required blade replacements, because not install any stage 6 LPT blades, P/N the replacements will be done during a PART 39—AIRWORTHINESS 1765M37P03 or P/N 1765M37P04, onto any scheduled engine shop visit. Based on DIRECTIVES engine. these figures, we estimate the total cost ■ of the AD for one inspection to U.S. 1. The authority citation for part 39 Previous Credit operators to be $1,038,880. continues to read as follows: (i) An inspection performed before the Authority: 49 U.S.C. 106(g), 40113, 44701. effective date of this AD using GE SB No. Authority for This Rulemaking GE90–100 SB 72–0260, Revision 4, dated § 39.13 [Amended] Title 49 of the United States Code October 8, 2008, or Revision 5, dated specifies the FAA’s authority to issue ■ 2. The FAA amends § 39.13 by adding November 7, 2008, or Revision 6, dated May rules on aviation safety. Subtitle I, the following new airworthiness 1, 2009, satisfies the initial inspection Section 106, describes the authority of directive: requirement of this AD. the FAA Administrator. Subtitle VII, 2009–25–14 General Electric Company: Definition Aviation Programs, describes in more Amendment 39–16135. Docket No. (j) For the purpose of this AD, an engine detail the scope of the Agency’s FAA–2009–0143; Directorate Identifier shop visit is induction of the engine into the authority. 2009–NE–05–AD. We are issuing this rulemaking under shop for any cause. Effective Date the authority described in Subtitle VII, Alternative Methods of Compliance Part A, Subpart III, Section 44701, (a) This airworthiness directive (AD) becomes effective January 19, 2010. (k) The Manager, Engine Certification ‘‘General requirements.’’ Under that Office, has the authority to approve section, Congress charges the FAA with Affected ADs alternative methods of compliance for this promoting safe flight of civil aircraft in (b) None. AD, if requested using the procedures found air commerce by prescribing regulations in 14 CFR 39.19. Applicability for practices, methods, and procedures Related Information the Administrator finds necessary for (c) This AD applies to General Electric safety in air commerce. This regulation Company (GE) GE90–110B1, GE90–113B, and (l) Contact Barbara Caufield, Aerospace GE90–115B series turbofan engines with Engineer, Engine Certification Office, FAA, is within the scope of that authority stage 6 low-pressure turbine (LPT) blades, because it addresses an unsafe condition Engine & Propeller Directorate, 12 New part number (P/N) 1765M37P03 or P/N England Executive Park, Burlington, MA that is likely to exist or develop on 1765M37P04, installed. These engines are 01803; e-mail: [email protected]; products identified in this rulemaking installed on, but not limited to, Boeing 777– telephone (781) 238–7146; fax (781) 238– 200LR, 777–300ER, and 777 Freighter series action. 7199, for more information about this AD. airplanes. Regulatory Findings (m) Guidance on determining which stage Unsafe Condition 6 LPT blades are eligible for installation can We have determined that this AD will be found in GE Service Bulletin No. 72–0279, not have federalism implications under (d) This AD results from eight reports of GE90–115B stage 6 LPT single-blade Revision 1, dated December 11, 2008, and GE Executive Order 13132. This AD will separation events. We are issuing this AD to Service Bulletin No. 72–0313, dated March not have a substantial direct effect on prevent failure of stage 6 LPT blades, which 18, 2009. the States, on the relationship between could result in uncontained engine failure Material Incorporated by Reference the national government and the States, and damage to the airplane. or on the distribution of power and (n) You must use GE Service Bulletin No. Compliance responsibilities among the various GE90–100 SB 72–0260, Revision 7, dated levels of government. (e) You are responsible for having the June 2, 2009, to perform the inspections For the reasons discussed above, I actions required by this AD performed within required by this AD. The Director of the the compliance times specified, unless the Federal Register approved the incorporation certify that this AD: actions have already been done. (1) Is not a ‘‘significant regulatory by reference of this service bulletin in action’’ under Executive Order 12866; Inspections accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact General Electric Company (2) Is not a ‘‘significant rule’’ under (f) Before accumulating 3,000 engine via GE–Aviation, Attn: Distributions, 111 DOT Regulatory Policies and Procedures operating hours time-since-new, or 400 Merchant St., Room 230, Cincinnati, Ohio (44 FR 11034, February 26, 1979); and engine cycles-since-new, whichever occurs 45246; telephone (513) 552–3272; fax (513) (3) Will not have a significant first, inspect the stage 6 LPT blades, P/N 1765M37P03 or P/N 1765M37P04 for shroud 552–3329, for a copy of this service economic impact, positive or negative, information. You may review copies at the on a substantial number of small entities interlock wear. Thereafter, re-inspect within every 1,000 engine operating hours, or within FAA, New England Region, 12 New England under the criteria of the Regulatory Executive Park, Burlington, MA; or at the Flexibility Act. 125 engine cycles-since-last inspection, whichever occurs first. Use paragraphs 3.A. National Archives and Records We prepared a summary of the costs through 3.A.(2)(g)(12) of the Accomplishment Administration (NARA). For information on to comply with this AD and placed it in Instructions of GE Service Bulletin (SB) No. the availability of this material at NARA, call the AD Docket. You may get a copy of GE90–100 SB 72–0260, Revision 7, dated 202–741–6030, or go to: http:// this summary at the address listed June 2, 2009, to do both the initial and www.archives.gov/federal-register/cfr/ibr- under ADDRESSES. repetitive inspections. locations.html.

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Issued in Burlington, Massachusetts, on • Fax: (202) 493–2251. corrected, could result in progressive December 4, 2009. • Mail: U.S. Department of fatigue failure of the coupling discs, Peter A. White, Transportation, Docket Operations, M– caused by extensive fretting on the faces Assistant Manager, Engine and Propeller 30, West Building Ground Floor, Room and in the holes of the flexible coupling Directorate, Aircraft Certification Service. W12–140, 1200 New Jersey Avenue, SE., discs. If this unsafe condition develops [FR Doc. E9–29428 Filed 12–11–09; 8:45 am] Washington, DC 20590. on both the LH and RH MGB inputs, it BILLING CODE 4910–13–P • Hand Delivery: U.S. Department of could result in a complete loss of power Transportation, Docket Operations, M– to the transmission and subsequent loss 30, West Building Ground Floor, Room of control of the helicopter. DEPARTMENT OF TRANSPORTATION W12–140, 1200 New Jersey Avenue, SE., Related Service Information Washington, DC 20590, between 9 a.m. Federal Aviation Administration and 5 p.m., Monday through Friday, Eurocopter has issued Emergency except Federal holidays. Alert Service Bulletin No. 05.95, dated 14 CFR Part 39 You may get the service information March 3, 2008, which specifies [Docket No. FAA–2009–1124; Directorate identified in this AD from American readjusting or checking the tightening Identifier 2009–SW–35–AD; Amendment 39– Eurocopter Corporation, 2701 Forum torque load of the nuts on the bolts 16128; AD 2009–25–09] Drive, Grand Prairie, TX 75053–4005, attaching the flexible coupling to the telephone (800) 232–0323, fax (972) RIN 2120–AA64 sliding coupling flange and the bolts 641–3710, or at http:// attaching the flexible coupling to the Airworthiness Directives; Eurocopter www.eurocopter.com. fixed coupling flange, in order to France Model SA 330 F, G, and J Examining the Docket: You may prevent any damage to the flexible Helicopters examine the AD docket on the Internet couplings, which, over time, may lead at http://www.regulations.gov, or in to the loss of input drive to the MGB. AGENCY: Federal Aviation person at the Docket Operations office The actions described in the MCAI are Administration (FAA), Department of between 9 a.m. and 5 p.m., Monday intended to correct the same unsafe Transportation (DOT). through Friday, except Federal holidays. conditions as those identified in the ACTION: Final rule; request for The AD docket contains this AD, the service information. comments. economic evaluation, any comments received, and other information. The FAA’s Evaluation and Unsafe Condition SUMMARY: We are adopting a new street address for the Docket Operations Determination airworthiness directive (AD) for the office (telephone (800) 647–5527) is These helicopters have been approved specified Eurocopter France stated in the ADDRESSES section of this by the aviation authority of France and (Eurocopter) helicopters. This AD AD. Comments will be available in the are approved for operation in the United results from a mandatory continuing AD docket shortly after receipt. States. Pursuant to our bilateral airworthiness information (MCAI) AD FOR FURTHER INFORMATION CONTACT: agreement with France, EASA, their issued by the European Aviation Safety DOT/FAA Southwest Region, Ed Technical Agent, has notified us of the Agency (EASA), which is the Technical Cuevas, Aviation Safety Engineer, Safety unsafe condition described in the MCAI Agent for the Member States of the Management Group, Rotorcraft AD. We are issuing this AD because we European Community. The MCAI Directorate, 2601 Meacham Blvd., Fort evaluated all information provided by Emergency AD states that there has been Worth, TX 76137; telephone 817–222– EASA and determined the unsafe a report of the failure of a flexible 5355, fax 817–222–5961. conditions exist and are likely to exist coupling on one of the main gearbox SUPPLEMENTARY INFORMATION: or develop on other helicopters of these (MGB) inputs, which may be the result same type designs. of loss of the tightening torque load, or Discussion insufficient tightening of the nuts on the Differences Between This AD and the The EASA, which is the Technical MCAI AD bolts fixing the discs of the flexible Agent for the Member States of the coupling to its sliding and fixed hinges. European Community, has issued EASA The MCAI AD uses the term ‘‘flight This condition, if not corrected, could AD No. 2008–0049–E, dated March 3, hours’’ instead of ‘‘hours time-in- result in failure of the coupling discs, 2008 (Corrected: March 7, 2008), to service’’, as we have used in this AD. and if this condition develops on both correct an unsafe condition for Also, the MCAI AD allows ‘‘use of later the left-hand (LH) and right-hand (RH) Eurocopter Model SA 330 F, G, and J approved revisions’’ of the service MGB inputs, a complete loss of power helicopters, all serial numbers, with information to comply with the MCAI to the transmission and subsequent loss MGB input flexible coupling sliding and AD. Our AD requires compliance in of control of the helicopter. fixed flanges assemblies installed that accordance with the Eurocopter EASB. DATES: This AD becomes effective on have been modified per MOD 0752416 Additionally, this AD requires December 29, 2009. and MOD 0752419, but have not been ‘‘inspections’’ conducted by a qualified The incorporation by reference of subject to maintenance scheduled mechanic, instead of ‘‘checks’’, which certain publications is approved by the inspection per Working Card 65.32.601 we allow a pilot to do. Finally, Director of the Federal Register as of since new or since a complete overhaul contacting Eurocopter Technical December 29, 2009. of the MGB. There has been one report Support is not required by this AD as it We must receive comments on this of the failure of a modified flexible is by the MCAI AD. AD by February 12, 2010. coupling assembly on one of the MGB Costs of Compliance ADDRESSES: You may send comments by inputs, which EASA has deemed to be any of the following methods: the result of the loss of the tightening We estimate that this AD will affect • Federal eRulemaking Portal: Go to torque load, or insufficient tightening of about 14 helicopters of U.S. registry. We http://www.regulations.gov. Follow the the nuts on the bolts attaching the disks also estimate that it will take about: instructions for submitting your of the flexible coupling to its sliding and • 8 work-hours per helicopter to comments electronically. fixed flanges. This condition, if not remove the engine, re-adjust the

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tightening torque load, and re-install the will also post a report summarizing each Authority: 49 U.S.C. 106(g), 40113, 44701. engine for 10 helicopters in the fleet; substantive verbal contact we receive § 39.13 [Amended] • 10 work-hours per helicopter to about this AD. remove the engine, measure the ■ 2. The FAA amends § 39.13 by adding tightening torque load, and re-install the Authority for This Rulemaking the following new AD: engine on 3 helicopters in the fleet; and Title 49 of the United States Code 2009–25–09 Eurocopter France: • 12 work-hours to remove the specifies the FAA’s authority to issue Amendment 39–16128. Docket No. engine, inspect and replace a damaged rules on aviation safety. Subtitle I, FAA–2009–1124; Directorate Identifier flexible coupling, and re-install the section 106, describes the authority of 2009–SW–35–AD. engine on 1 helicopter. the FAA Administrator. ‘‘Subtitle VII: Effective Date The average labor rate is $80 per work- Aviation Programs,’’ describes in more detail the scope of the Agency’s (a) This airworthiness directive (AD) hour. Costs to replace a damaged becomes effective on December 29, 2009. flexible coupling, if necessary, include authority. $1,018 for 6 nuts, $838 for 1 flexible We are issuing this rulemaking under Other Affected ADs coupling, $71 for 6 (6 each) bolts, and the authority described in ‘‘Subtitle VII, (b) None. Part A, Subpart III, Section 44701: $624 for 12 washers. Based on these Applicability figures, we estimate the cost of this AD General requirements.’’ Under that on U.S. operators will be $12,311, section, Congress charges the FAA with (c) This AD applies to Model SA 330 F, G, promoting safe flight of civil aircraft in and J helicopters, all serial numbers, with assuming that 1 flexible coupling is main gearbox (MGB) input flexible coupling damaged and needs to be replaced. air commerce by prescribing regulations flange assemblies, part number (P/N) 330A– for practices, methods, and procedures 32937401, installed that have been modified FAA’s Determination of the Effective the Administrator finds necessary for Date per MOD 0752416 and MOD 0752419, but safety in air commerce. This regulation have not been subject to a maintenance An unsafe condition exists that is within the scope of that authority scheduled inspection per Working Card requires the immediate adoption of this because it addresses an unsafe condition 65.32.601 since new or since a complete AD. We find that the risk to the flying that is likely to exist or develop on overhaul of the MGB, certificated in any public justifies waiving notice and helicopters identified in this rulemaking category. comment prior to adoption of this rule action. Reason because loss of the tightening torque Regulatory Findings (d) The mandatory continuing load or insufficient tightening of the airworthiness information (MCAI) AD states nuts on the bolts attaching the disks of We determined that this AD will not that there has been one report of disks failure the flexible coupling to its sliding and have federalism implications under of a flexible coupling on one of the MGB fixed flanges could result in a complete Executive Order 13132. This AD will inputs, which may be the result of the loss loss of power to the transmission, and not have a substantial direct effect on of the tightening torque load, or insufficient there are helicopters that will be the States, on the relationship between tightening of the nuts on the bolts attaching required to comply with this AD within the national government and the States, the disks of the flexible coupling to its sliding and fixed flanges. This condition, if a short time period because of the or on the distribution of power and not corrected, could result in progressive criticality of this unsafe condition. responsibilities among the various fatigue failure of the coupling discs, caused Therefore, we have determined that levels of government. by extensive fretting on the faces and in the notice and opportunity for public Therefore, I certify this AD: holes of the flexible coupling discs. If this comment before issuing this AD are 1. Is not a ‘‘significant regulatory unsafe condition develops on both the LH impracticable and that good cause exists action’’ under Executive Order 12866; and RH MGB inputs, a complete power loss for making this amendment effective in 2. Is not a ‘‘significant rule’’ under the to the transmission could occur, resulting in fewer than 30 days. DOT Regulatory Policies and Procedures subsequent loss of control of the helicopter. (44 FR 11034, February 26, 1979); and Actions and Compliance Comments Invited 3. Will not have a significant (e) Required as indicated, unless This AD is a final rule that involves economic impact, positive or negative, previously accomplished. requirements affecting flight safety, and on a substantial number of small entities (1) For MGB input flexible coupling flange we did not precede it by notice and under the criteria of the Regulatory assemblies with less than 50 hours time-in- opportunity for public comment. Flexibility Act. service (TIS) since new or since a complete However, we invite you to send us any We prepared an economic evaluation overhaul of the MGB, re-adjust the tightening written data, views, or arguments of the estimated costs to comply with torque load of the 6 nuts on the flexible concerning this AD. Send your this AD and placed it in the AD docket. coupling-to-flange attachment bolts. comments to an address listed under the Accomplish this re-adjustment between 50 List of Subjects in 14 CFR Part 39 hours TIS and 75 hours TIS since new or ADDRESSES section of this AD. Include Air transportation, Aircraft, Aviation since a complete overhaul of the MGB in ‘‘Docket No. FAA–2009–1124; accordance with paragraph 2.B.2.a. of Directorate Identifier 2009–SW–35–AD’’ safety, Incorporation by reference, Safety. Eurocopter Emergency Alert Service Bulletin at the beginning of your comments. We No. 05.95, dated March 3, 2008 (EASB). specifically invite comments on the Adoption of the Amendment (2) For MGB input flexible coupling flange overall regulatory, economic, assemblies with 50 hours TIS and 75 or less ■ environmental, and energy aspects of Accordingly, under the authority hours TIS since new or since a complete this AD. We will consider all comments delegated to me by the Administrator, overhaul of the MGB, either: received by the closing date and may the FAA amends 14 CFR part 39 as (i) Upon or before reaching 75 hours TIS follows: since new or since a complete overhaul of the amend this AD because of those MGB, re-adjust the tightening torque load of comments. PART 39—AIRWORTHINESS the 6 nuts on the flexible coupling-to-flange We will post all comments we DIRECTIVES attachment bolts in accordance with receive, without change, to http:// paragraph 2.B.2.a. of the EASB; or www.regulations.gov including any ■ 1. The authority citation for part 39 (ii) Upon or before reaching 125 hours TIS personal information you provide. We continues to read as follows: since new or since a complete overhaul of the

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MGB, inspect the tightening torque load of material at NARA, call (202) 741–6030, or go the Center for Veterinary Medicine, 21 the 6 nuts on the flexible coupling-to-flange to: http://www.archives.gov/federal-register/ CFR part 510 is amended as follows: attachment bolts in accordance with cfr/ibr-locations.html. paragraph 2.B.2.b. of the EASB, except you Issued in Fort Worth, Texas, on November PART 510—NEW ANIMAL DRUGS are not required to contact the manufacturer. 18, 2009. (3) For MGB input flexible coupling flange ■ Gary B. Roach, 1. The authority citation for 21 CFR assemblies that have more than 75 hours TIS part 510 continues to read as follows: since new or since a complete overhaul of the Acting Manager, Rotorcraft Directorate, MGB, within the next 50 hours TIS, inspect Aircraft Certification Service. Authority: 21 U.S.C. 321, 331, 351, 352, the tightening torque load of the 6 nuts on [FR Doc. E9–29424 Filed 12–11–09; 8:45 am] 353, 360b, 371, 379e. the flexible coupling-to-flange attachment ■ BILLING CODE 4910–13–P 2. In § 510.600, in the table in bolts, in accordance with paragraph 2.B.2.b. paragraph (c)(1), remove the entry for of the EASB, except you are not required to ‘‘Schering-Plough Animal Health Corp.’’ contact the manufacturer. (4) Prior to installing a MGB that contains and alphabetically add a new entry for DEPARTMENT OF HEALTH AND ‘‘Intervet, Inc.’’; and in the table in an input flexible coupling flange assembly HUMAN SERVICES that has been modified per MOD 0752416 paragraph (c)(2), revise the entry for and MOD 0752419, you must comply with Food and Drug Administration ‘‘000061’’ to read as follows: the provisions of this AD. § 510.600 Names, addresses, and drug Differences Between This AD and the MCAI 21 CFR Part 510 labeler codes of sponsors of approved AD applications. (f) The MCAI AD uses the term ‘‘flight [Docket No. FDA–2009–N–0665] * * * * * hours’’ instead of ‘‘hours time-in-service’’, as New Animal Drugs; Change of (c) * * * we have used in this AD. Also, the MCAI AD (1) * * * allows ‘‘use of later approved revisions’’ of Sponsor’s Name and Address the service information to comply with the AGENCY: Food and Drug Administration, Drug labeler MCAI AD. Our AD requires compliance in Firm name and address code accordance with Eurocopter Emergency Alert HHS. Service Bulletin No. 05.95, dated March 3, ACTION: Final rule. ***** 2008. Additionally, this AD requires ‘‘inspections’’ by a qualified mechanic SUMMARY: The Food and Drug Intervet, Inc., 56 Livingston 000061 instead of ‘‘checks’’, which we allow a pilot Administration (FDA) is amending the Ave., Roseland, NJ to do. Finally, this AD does not require you animal drug regulations to reflect a 07068 to contact Eurocopter Technical Support, change of sponsor’s name from which is required by the MCAI AD. Schering-Plough Animal Health Corp. to ***** Other Information Intervet, Inc., and to change the (g) Alternative Methods of Compliance sponsor’s mailing address. (2) * * * (AMOCs): The Manager, Safety Management DATES: This rule is effective December Drug labeler Group, Attn: DOT/FAA Southwest Region, 14, 2009. Firm name and address Ed Cuevas, Aerospace Engineer, Rotorcraft code Directorate, 2601 Meacham Blvd., Fort FOR FURTHER INFORMATION CONTACT: Worth, Texas 76137; telephone (817) 222– David R. Newkirk, Center for Veterinary ***** 5355, fax (817) 222–5961, has the authority Medicine (HFV–100), Food and Drug 000061 Intervet, Inc., 56 Livingston to approve AMOCs for this AD, if requested Administration, 7500 Standish Pl., using the procedures found in 14 CFR 39.19. Ave., Roseland, NJ Rockville, MD 20855, 240–276–8307, e- 07068 (h) European Aviation Safety Agency mail: [email protected]. MCAI Airworthiness Directive No. 2009– 0049–E, dated March 3, 2008 (Corrected: SUPPLEMENTARY INFORMATION: Schering- ***** March 7, 2008), contains related information. Plough Animal Health Corp., 556 Morris Ave., Summit, NJ 07901, has informed Joint Aircraft System/Component Code Dated: December 8, 2009. FDA of a change of name and mailing Bernadette Dunham, (i) JASC Code 6310: Engine/Transmission address to Intervet, Inc., 56 Livingston Director, Center for Veterinary Medicine. Coupling. Ave., Roseland, NJ 07068. Accordingly, [FR Doc. E9–29627 Filed 12–11–09; 8:45 am] Material Incorporated by Reference the agency is amending the regulations BILLING CODE 4160–01–S (j) You must use the specified portions of in 21 CFR 510.600(c) to reflect these Eurocopter Emergency Alert Service Bulletin changes. No. 05.95, dated March 3, 2008, to do the This rule does not meet the definition DEPARTMENT OF HEALTH AND actions required. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because HUMAN SERVICES (1) The Director of the Federal Register it is a rule of ‘‘particular applicability.’’ approved the incorporation by reference of Therefore, it is not subject to the this service information under 5 U.S.C. Food and Drug Administration 552(a) and 1 CFR part 51. congressional review requirements in 5 (2) For service information identified in U.S.C. 801–808. 21 CFR Part 522 this AD, contact American Eurocopter List of Subjects in 21 CFR Part 510 Corporation, 2701 Forum Drive, Grand [Docket No. FDA–2009–N–0665] Prairie, TX 75053–4005, telephone (800) Administrative practice and 232–0323, fax (972) 641–3710, or at http:// procedure, Animal drugs, Labeling, Implantation or Injectable Dosage www.eurocopter.com. Reporting and recordkeeping Form New Animal Drugs; Insulin (3) You may review copies at the FAA, requirements. Office of the Regional Counsel, Southwest AGENCY: Food and Drug Administration, ■ Region, 2601 Meacham Blvd., Fort Worth, Therefore, under the Federal Food, HHS. Drug and Cosmetic Act and under Texas 76137; or at the National Archives and ACTION: Final rule. Records Administration (NARA). For authority delegated to the Commissioner information on the availability of this of Food and Drugs and redelegated to

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SUMMARY: The Food and Drug the Center for Veterinary Medicine, 21 DEPARTMENT OF THE TREASURY Administration (FDA) is amending the CFR part 522 is amended as follows: animal drug regulations to reflect Internal Revenue Service approval of an original new animal drug PART 522—IMPLANTATION OR application (NADA) filed by Boehringer INJECTABLE DOSAGE FORM NEW 26 CFR Part 1 ANIMAL DRUGS Ingelheim Vetmedica, Inc. The NADA [TD 9474] provides for veterinary prescription use of an injectable suspension of protamine ■ 1. The authority citation for 21 CFR RIN 1545–BF14 zinc recombinant human insulin for the part 522 continues to read as follows: Reduction in Taxable Income for reduction of hyperglycemia and Authority: 21 U.S.C. 360b. Housing Hurricane Katrina Displaced hyperglycemia-associated clinical signs ■ 2. In § 522.1160, revise paragraphs (a), Individuals in cats with diabetes mellitus. (b), and (c)(2)(i) to read as follows: DATES: This rule is effective December AGENCY: Internal Revenue Service (IRS), 14, 2009. § 522.1160 Insulin. Treasury. FOR FURTHER INFORMATION CONTACT: (a) Specifications—(1) Each milliliter ACTION: Final regulations and removal of Melanie R. Berson, Center for Veterinary (mL) of porcine insulin zinc suspension temporary regulations. Medicine (HFV–110), Food and Drug contains 40 international units (IU) of SUMMARY: This document contains final Administration, 7500 Standish Pl., insulin. Rockville, MD 20855, 240–276–8337, e- regulations relating to the reduction in mail: [email protected]. taxable income under section 302 of the SUPPLEMENTARY INFORMATION: (2) Each mL of protamine zinc Katrina Emergency Tax Relief Act of Boehringer Ingelheim Vetmedica, Inc., recombinant human insulin suspension 2005. The final regulations also reflect 2621 North Belt Highway, St. Joseph, contains 40 IU of insulin. legislation under section 702 of the MO 64506–2002, filed NADA 141–297 (b) Sponsors. See sponsors in Heartland Disaster Tax Relief Act of that provides for the veterinary § 510.600 of this chapter for use as in 2008. The final regulations affect prescription use of PROZINC paragraph (c) of this section. taxpayers who provide housing in their (protamine zinc recombinant human (1) No. 000061 for use of product principal residences to individuals insulin), an injectable suspension for described in paragraph (a)(1) of this displaced by certain major disasters. the reduction of hyperglycemia and section as in paragraphs (c)(1), Effective Date: These regulations are hyperglycemia-associated clinical signs (c)(2)(i)(A), (c)(2)(ii), and (c)(2)(iii) of effective on December 14, 2009. Applicability Date: For date of in cats with diabetes mellitus. The this section. applicability, see § 1.9300–1(h). NADA is approved as of October 28, (2) No. 000010 for use of product FOR FURTHER INFORMATION CONTACT: 2009, and the regulations are amended described in paragraph (a)(2) of this Shareen S. Pflanz, 202–622–4920 (not a in 21 CFR 522.1160 to reflect the section as in paragraphs (c)(2)(i)(B), toll-free number). approval. (c)(2)(ii), and (c)(2)(iii) of this section. In accordance with the freedom of SUPPLEMENTARY INFORMATION: (c) * * * information provisions of 21 CFR part Background and Explanation of 20 and 21 CFR 514.11(e)(2)(ii), a (2) Cats—(i) Amount—(A) Porcine Provisions summary of safety and effectiveness insulin zinc. Administer an initial dose data and information submitted to of 1 to 2 IU by subcutaneous injection. This document contains final support approval of this application Injections should be given twice daily at regulations that replace the temporary may be seen in the Division of Dockets approximately 12-hour intervals. For regulations in 26 CFR Part 1 relating to Management (HFA–305), Food and Drug cats fed twice daily, the injections the reduction in taxable income for Administration, 5630 Fishers Lane, rm. should be concurrent with or right after housing provided to displaced 1061, Rockville, MD 20852, between 9 a meal. For cats fed ad libitum, no individuals under section 302 of the a.m. and 4 p.m., Monday through change in feeding is needed. Adjust the Katrina Emergency Tax Relief Act of Friday. dose at appropriate intervals based on 2005 (Pub. L. 109–73, 119 Stat. 2016) The agency has determined under 21 clinical signs, urinalysis results, and (KETRA). This document also applies CFR 25.33 that this action is of a type glucose curve values until adequate these rules to individuals displaced in that does not individually or glycemic control has been attained. a Midwestern disaster area, as defined cumulatively have a significant effect on (B) Protamine zinc recombinant in section 702 of the Heartland Disaster the human environment. Therefore, human insulin. Administer an initial Tax Relief Act of 2008 (Title VII of neither an environmental assessment dose of 0.1 to 0.3 IU/pound of body Division C of Pub. L. 110–343, 122 Stat. nor an environmental impact statement weight (0.2 to 0.7 IU/kilogram) every 12 3912) (HDTRA). is required. hours. The dose should be given On December 12, 2006, temporary This rule does not meet the definition concurrently with or right after a meal. regulations (TD 9301) were published in of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Re-evaluate the cat at appropriate the Federal Register (71 FR 74467). A it is a rule of ‘‘particular applicability.’’ intervals and adjust the dose based on notice of proposed rulemaking (REG– Therefore, it is not subject to the both clinical signs and glucose nadirs 152043–05) cross-referencing the congressional review requirements in 5 until adequate glycemic control has temporary regulations was also U.S.C. 801–808. been attained. published in the Federal Register (71 FR 74482). No public hearing was List of Subjects in 21 CFR Part 522 * * * * * requested or held. No written comments Animal drugs. Dated: December 8, 2009. responding to the notice of proposed ■ Therefore, under the Federal Food, Bernadette Dunham, rulemaking were received. The Drug, and Cosmetic Act and under Director, Center for Veterinary Medicine. proposed regulations are adopted as authority delegated to the Commissioner [FR Doc. E9–29583 Filed 12–11–09; 8:45 am] amended by this Treasury decision to of Food and Drugs and redelegated to BILLING CODE 4160–01–S implement section 702 of HDTRA.

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Section 702 of HDTRA, enacted on Effective/Applicability Date section), a taxpayer who is a natural October 3, 2008, applies section 302 of These regulations apply to taxable person may reduce taxable income by KETRA to the Midwestern disaster area. years ending after December 11, 2006. $500 for each displaced individual (as The Midwestern disaster area is the area Taxpayers who, after filing their tax defined in paragraph (f)(2) of this for which the President declared (after returns for 2006 or 2008 as married section) to whom the taxpayer provides May 19, 2008, and before August 1, filing separately, want to apply the rule housing free of charge in, or on the site of, the taxpayer’s principal residence for 2008) a major disaster under the Robert allowing them to allocate the $2,000 a period of at least 60 consecutive days. T. Stafford Disaster Relief and maximum limitation between them, A taxpayer may claim the reduction in Emergency Assistance Act (42 U.S.C. may do so by filing amended returns if taxable income for any applicable 5170) (Stafford Act). The disaster the period of limitations on credit or taxable year in which a consecutive 60- occurred by reason of severe storms, refund under section 6511 has not day period ends. A taxpayer may not tornados, or flooding in the states of expired. Arkansas, Illinois, Indiana, Iowa, claim the reduction in taxable income Kansas, Michigan, Minnesota, Missouri, Special Analyses unless the taxpayer includes the Nebraska, and Wisconsin. The It has been determined that this taxpayer identification number of the applicable disaster date for each state in Treasury decision is not a significant displaced individual on the taxpayer’s income tax return. the Midwestern disaster area is the date regulatory action as defined in (b) Provision of housing—(1) Principal of the severe storm, tornado, or flooding Executive Order 12866. Therefore, a residence. For purposes of this section, giving rise to the Presidential regulatory assessment is not required. It declaration for that state. See Federal the term principal residence has the also has been determined that section same meaning as in section 121 and the Register notices for each state at 553(b) of the Administrative Procedure http://www.FEMA.gov. The reduction in associated regulations. See § 1.121– Act (5 U.S.C. chapter 5) does not apply 1(b)(1) and (b)(2). taxable income for providing housing to to these regulations and, because the a displaced individual in a Midwestern (2) Legal interest required. A taxpayer regulations do not impose a collection is treated as providing housing for disaster area applies to taxable years of information on small entities, the beginning in 2008 or 2009. purposes of this section only if the Regulatory Flexibility Act (5 U.S.C. taxpayer is an owner or lessee Accordingly, the final regulations chapter 6) does not apply. Pursuant to (including a co-owner or co-lessee) of expand the scope of the temporary section 7805(f) of the Internal Revenue the principal residence. regulations to include taxpayers who Code, the notice of proposed rulemaking (3) Compensation for providing provide housing in their principal that preceded these final regulations housing. No reduction in taxable residences to Midwestern disaster was submitted to the Chief Counsel for income is allowed under this section to displaced individuals. The final Advocacy of the Small Business a taxpayer who receives rent or any regulations expand the definitions Administration for comment on its reimbursement or compensation under § 1.9300–1T(e) of the temporary impact on small business. (whether in cash, services, or property) regulations relating to Hurricane Katrina Drafting Information from any source for providing housing to include the Midwestern disaster area. to the displaced individual. For this The final regulations also clarify that The principal author of these purpose, lodging, utilities, and other the limitations on the reduction in regulations is Shareen S. Pflanz of the similar items are treated as housing, but taxable income apply separately to the Office of the Associate Chief Counsel telephone calls, food, clothing, Hurricane Katrina disaster area and the (Income Tax and Accounting). However, transportation, and other similar items Midwestern disaster area. Thus, for other personnel from the IRS and the are not treated as housing. example, a taxpayer may reduce taxable Treasury Department participated in (c) Limitations—(1) Dollar income by up to $2,000 for providing their development. limitation—(i) In general. The reduction housing to Midwestern disaster List of Subjects in 26 CFR Part 1 in taxable income under paragraph (a) of displaced individuals even though the this section may not exceed the Income taxes, Reporting and taxpayer reduced taxable income for maximum dollar limitation, and must be recordkeeping requirements. providing housing to one or more reduced by the total amount of all Hurricane Katrina displaced Adoption of Amendments to the reductions under this section for all individuals. Regulations prior taxable years (except as provided in paragraph (c)(5) of this section). The The temporary regulations provided ■ Accordingly, 26 CFR part 1 is maximum dollar limitation is— that the maximum dollar limitation for amended as follows: (A) $2,000 in the case of an unmarried a married individual who files a individual; or separate income tax return is $1,000. PART 1—INCOME TAXES (B) $2,000 in the case of a husband The final regulations provide that the and wife, whether the husband and wife maximum dollar limitation is $2,000 for ■ Paragraph 1. The authority citation for part 1 is amended by removing the file a joint income tax return or separate married taxpayers filing jointly or income tax returns; married taxpayers separately. Married taxpayers filing entry for § 1.9300–1T to read in part as follows: filing separate income tax returns may separate income tax returns may allocate this amount in $500 increments allocate the $2,000 between the returns. Authority: 26 U.S.C. 7805 * * * between their respective returns, The final regulations authorize the ■ Par. 2. Section 1.9300–1 is added to provided that each spouse is otherwise Commissioner to apply these rules in read as follows: eligible to claim that reduction in additional guidance of general taxable income. applicability, see § 601.601(d)(2) of the § 1.9300–1 Reduction in taxable income (ii) Married individuals with separate Internal Revenue Practice Regulations, if for housing displaced individuals. principal residences. The limitation in Congress extends relief under section (a) In general. For a taxable year paragraph (c)(1)(i)(B) of this section 302 of KETRA to other disaster areas in beginning in the applicable taxable year applies whether or not the married the future. (as defined in paragraph (f)(1) of this individuals occupy the same principal

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residence. A person is treated as (2) Displaced individual—(i) Scope. (viii) In Missouri, May 10 through married for purposes of this section if The term displaced individual means a May 11, 2008, and June 1 through the individual is treated as married Hurricane Katrina displaced individual August 13, 2008; under section 7703. as defined in paragraph (f)(2)(ii) of this (ix) In Nebraska, April 23 through (2) Spouse or dependent of the section and a Midwestern disaster April 26, 2008, May 22 through June 24, taxpayer. No reduction of taxable displaced individual as defined in 2008, and June 27, 2008; or income is allowed for a displaced paragraph (f)(2)(iii) of this section. (x) In Wisconsin, June 5 through July individual who is the spouse or a (ii) Hurricane Katrina displaced 25, 2008. dependent of the taxpayer. individual. The term Hurricane Katrina (4) Disaster area—(i) Scope. The term (3) One reduction per displaced displaced individual means any natural disaster area means the Hurricane individual. Except as provided in person (other than the spouse or a Katrina disaster area as defined in paragraph (c)(5) of this section, a dependent of the taxpayer) if the paragraph (f)(4)(ii) of this section and taxpayer may not reduce taxable income following requirements are met— the Midwestern disaster area as defined under paragraph (a) of this section for a (A) The person’s principal place of in paragraph (f)(4)(iii) of this section. displaced individual for whom the abode on August 28, 2005, was in the (ii) Hurricane Katrina disaster area. taxpayer or any taxpayer residing in the Hurricane Katrina disaster area (as The term Hurricane Katrina disaster same principal residence has reduced defined in paragraph (f)(4)(ii) of this area means the states of Alabama, taxable income under this section for section); Florida, Louisiana, and Mississippi. (iii) Midwestern disaster area. The any prior taxable year. (B) The person was displaced from term Midwestern disaster area means an (4) Taxpayers occupying the same that abode; and area for which the President declared a principal residence. Except as provided (C) If the abode was located outside major disaster on or after May 20, 2008, in paragraph (c)(5) of this section, for all the Hurricane Katrina core disaster area and before August 1, 2008, under taxable years, only one taxpayer (as defined in paragraph (f)(5)(ii) of this section 401 of the Robert T. Stafford occupying the same principal residence section)— Disaster Relief and Emergency may reduce taxable income for a (1) The abode was damaged by Assistance Act (42 U.S.C. 5170) particular displaced individual. Hurricane Katrina; or (Stafford Act) by reason of severe (2) The person was evacuated from (5) Limitations applied separately to storms, tornados, or flooding occurring that abode by reason of Hurricane each disaster. The limitations of this in any of the states of Arkansas, Illinois, Katrina. paragraph (c) apply separately to each Indiana, Iowa, Kansas, Michigan, (iii) Midwestern disaster displaced disaster area. Thus, a taxpayer may Minnesota, Missouri, Nebraska, and individual. The term Midwestern reduce taxable income by $2,000 for Wisconsin. providing housing to Midwestern disaster displaced individual means any (5) Core disaster area—(i) Scope. The disaster displaced individuals even natural person (other than the spouse or term core disaster area means the though the taxpayer reduced taxable a dependent of the taxpayer) if the Hurricane Katrina core disaster area as income for providing housing to one or following requirements are met— defined in paragraph (f)(5)(ii) of this more Hurricane Katrina displaced (A) The person’s principal place of section and the Midwestern core individuals. For this purpose, all areas abode on the Midwestern disaster date disaster area as defined in paragraph within the Midwestern disaster area are (as defined in paragraph (f)(3) of this (f)(5)(iii) of this section. treated as one disaster area. section), was in any Midwestern (ii) Hurricane Katrina core disaster (d) Substantiation. A taxpayer disaster area (as defined in paragraph area. The term Hurricane Katrina core claiming a reduction of taxable income (f)(4)(iii) of this section); disaster area means the portion of the under this section must maintain (B) The person was displaced from Hurricane Katrina disaster area records sufficient to show entitlement to that abode; and designated by the President to warrant the reduction as provided in forms, (C) If the abode was located outside individual or individual and public instructions, publications or other the Midwestern core disaster area (as assistance from the federal government guidance published by the IRS. defined in paragraph (f)(5)(iii) of this under the Stafford Act. (e) The Commissioner may apply this section)— (iii) Midwestern core disaster area. section in additional guidance of (1) The abode was damaged by any The term Midwestern core disaster area general applicability, see § 601.601(d)(2) Midwestern disaster; or means the portion of the Midwestern of this chapter, to other disaster areas to (2) The person was evacuated from disaster area designated by the President which Congress extends relief under that abode by reason of any Midwestern to warrant individual or individual and section 302 of the Katrina Emergency disaster. public assistance from the federal Tax Relief Act of 2005. (3) Midwestern disaster date. The government under the Stafford Act for (f) In general. The following term Midwestern disaster date means— damages attributable to the severe definitions apply for all purposes of this (i) In Arkansas, May 2 through May storms, tornados, or flooding in the section. 12, 2008; Midwestern disaster area. (1) Applicable taxable year. The term (ii) In Illinois, June 1 through July 22, (g) Examples. The provisions of this applicable taxable year means— 2008; section are illustrated by the following (i) A taxable year beginning in 2005 (iii) In Indiana, May 30 through June examples. In each example, a taxpayer or 2006, in the case of housing provided 27, 2008; provides housing within the meaning of to a Hurricane Katrina displaced (iv) In Iowa, May 25 through August paragraph (b) of this section in, or on individual (as defined in paragraph 13, 2008; the site of, the taxpayer’s principal (f)(2)(ii) of this section); and (v) In Kansas, May 22 through June residence for a period of at least 60 (ii) A taxable year beginning in 2008 16, 2008; consecutive days (the 60th day being in or 2009, in the case of housing provided (vi) In Michigan, June 6 through June the applicable taxable year) for each to a Midwestern disaster displaced 13, 2008; displaced individual, none of whom is individual (as defined in paragraph (vii) In Minnesota, June 6 through a spouse or dependent of the taxpayer. (f)(2)(iii) of this section). June 12, 2008; The examples are as follows:

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Example 1. Taxpayer A provides housing (h) Effective/applicability date. This Terrorism Risk Insurance Program, (202) to N, a Hurricane Katrina displaced section applies for taxable years ending 622–6770 (not a toll-free number). individual, from September 1, 2005, until after December 11, 2006. SUPPLEMENTARY INFORMATION: March 10, 2006. Under paragraphs (a) and (c)(3) of this section, A may reduce A’s § 1.9300–1T [Removed] I. Background taxable income by $500 on A’s income tax ■ return for calendar year 2005 or 2006 (but not Par. 3. Section 1.9300–1T is removed. The Terrorism Risk Insurance Act of both) for providing housing to N. Approved: December 8, 2009. 2002 (Pub. L. 107–297, 116 Stat. 2322) Example 2. The facts are the same as in Steven T. Miller, was enacted on November 26, 2002. The Example 1, except that A and A’s unmarried Act was effective immediately. The roommate B are co-lessees of their principal Deputy Commissioner for Services and Enforcement. Act’s purposes are to address market residence. Both A and B provide housing to disruptions, ensure the continued Michael F. Mundaca, N. Under paragraphs (a) and (c)(4) of this widespread availability and section, either A or B, but not both, may Acting Assistant Secretary of the Treasury reduce taxable income by $500 for 2005 or affordability of commercial property (Tax Policy). and casualty insurance for terrorism 2006 for providing housing to N. If A or B [FR Doc. E9–29635 Filed 12–11–09; 8:45 am] reduces taxable income for 2005 for risk, and allow for a transition period providing housing to N, neither A nor B may BILLING CODE 4830–01–P for the private markets to stabilize and reduce taxable income for 2006 for providing build capacity while preserving state housing to N. insurance regulation and consumer Example 3. The facts are the same as in DEPARTMENT OF THE TREASURY protections. Example 2, except that in 2009 A and B Title I of the Act establishes a provide housing to N, who in 2009 is a 31 CFR Part 50 temporary Federal program of shared Midwestern disaster displaced individual. Under paragraph (c)(5) of this section, the RIN 1505–AB10 public and private compensation for limitation of paragraph (c)(4) of this section insured commercial property and applies separately to each disaster. Therefore, Terrorism Risk Insurance Program; casualty losses resulting from an act of either A or B may reduce taxable income by Recoupment Provisions terrorism. The Act authorizes Treasury $500 for 2009 for providing housing to N. to administer and implement the AGENCY: Example 4. During 2008, unmarried Departmental Offices, Treasury. Terrorism Risk Insurance Program, roommates and co-lessees C and D provide ACTION: Final rule. including the issuance of regulations housing to eight Midwestern disaster and procedures. The Program provides displaced individuals. Under paragraphs (a) SUMMARY: The Department of the and (c)(1)(i)(A) of this section, C may reduce Treasury (Treasury) is issuing this final a Federal backstop for insured losses taxable income by $2,000 on C’s 2008 income rule as part of its implementation of from an act of terrorism. Section 103(e) tax return for providing housing to any four Title I of the Terrorism Risk Insurance of the Act directs and gives Treasury of these displaced individuals and D may Act of 2002 (‘‘TRIA’’ or ‘‘the Act’’), as authority to recoup Federal payments reduce taxable income by $2,000 on D’s 2008 made under the Program through income tax return for providing housing to amended by the Terrorism Risk Insurance Extension Act of 2005 policyholder surcharges. the other four displaced individuals. The Program was originally set to (‘‘Extension Act’’) and the Terrorism Example 5. (i) In 2008, a married couple, expire on December 31, 2005. On Risk Insurance Program Reauthorization H and W, provide housing to a Midwestern December 22, 2005, the Terrorism Risk disaster displaced individual, O. H and W Act of 2007 (‘‘Reauthorization Act’’). Insurance Extension Act of 2005 (Pub. file their 2008 income tax return as married The Act established a temporary L. 109–144, 119 Stat. 2660) was enacted, filing jointly. Under paragraphs (a) and (c)(4) Terrorism Risk Insurance Program which extended the Program through of this section, H and W may reduce taxable (‘‘TRIP’’ or ‘‘Program’’) under which the income by $500 on their 2008 income tax December 31, 2007. On December 26, Federal Government would share the return for providing housing to O. 2007, the Terrorism Risk Insurance risk of insured losses from certified acts (ii) In 2009, H and W provide housing to Program Reauthorization Act of 2007 of terrorism with commercial property O and to another Midwestern disaster (Pub. L. 110–160, 121 Stat. 1839) was and casualty insurers. The displaced individual, P. H and W file their enacted, which extends the Program 2009 income tax returns as married filing Reauthorization Act has now extended separately. Because H and W reduced their through December 31, 2014. the Program until December 31, 2014. The Reauthorization Act, among other 2008 taxable income for providing housing to This rule was published in proposed O, under paragraph (c)(3) of this section, changes, revised the recoupment form on September 17, 2008, for public provisions of the Act. These changes are neither H nor W may reduce taxable income comment. The final rule contains minor on their 2009 income tax returns for explained below in the context of providing housing to O. Under paragraphs (a) clarifications in response to comments. discussion of other provisions. and (c)(4) of this section, either H or W but The rule incorporates and implements not both, may reduce taxable income by $500 statutory requirements in section 103(e) II. Previous Rulemaking on his or her 2009 income tax return for of the Act, as amended by the To assist insurers, policyholders, and providing housing to P. Reauthorization Act, for the recoupment other interested parties in complying Example 6. The facts are the same as in of the Federal share of compensation for with immediately applicable Example 5, except that in 2009 H and W insured losses. In particular, the rule requirements of the Act, Treasury has provide housing to five Midwestern disaster describes how Treasury will determine displaced individuals in addition to O. H and issued interim guidance to be relied W together may reduce taxable income on the amounts to be recouped and upon by insurers until superseded by their 2009 income tax returns by a total of establishes procedures insurers are to regulations. Rules establishing general $2,000 for the Midwestern disaster displaced use for collecting Federal Terrorism provisions implementing the Program, individuals (other than O). Under paragraph Policy Surcharges and remitting them to including key definitions, and (c)(1)(i)(B) of this section, H and W may Treasury. The rule generally builds requirements for policy disclosures and allocate the $2,000 in increments of $500 upon previous rules issued by Treasury. mandatory availability, can be found in between their separate returns. For example, DATES: This rule is effective January 13, either one may reduce taxable income by Subparts A, B, and C of 31 CFR Part 50. $500 and the other may reduce taxable 2010. Treasury’s rules applying provisions of income by $1,500, or H and W each may FOR FURTHER INFORMATION CONTACT: the Act to State residual market reduce taxable income by $1,000. Howard Leikin, Deputy Director, insurance entities and State workers’

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compensation funds are at Subpart D of A. Determination of Recoupment additional amounts to the extent that 31 CFR Part 50. Rules setting forth Amount the amount of Federal financial procedures for filing claims for payment The final rule describes how and assistance exceeds the mandatory of the Federal share of compensation for when Treasury will determine recoupment amount. The Secretary may insured losses are at Subpart F of 31 recoupment amounts. Definitions of recoup such additional amounts the CFR Part 50. Subpart G of 31 CFR Part insurance marketplace aggregate Secretary believes can be recouped 50 contains rules on audit and retention amount, aggregate Federal based on: the ultimate costs to taxpayers recordkeeping requirements for share of compensation, mandatory and of no additional recoupment; the insurers, while Subpart I of 31 CFR Part discretionary recoupment amounts, and economic conditions in the commercial 50 contains Treasury’s rules uncompensated insured losses, which marketplace; the affordability of implementing the litigation reflect requirements in the Act, are commercial insurance for small- and management provisions of section 107 added to § 50.5. medium-sized businesses; and such of the Act. The mandatory recoupment amount is other factors that the Secretary considers appropriate. The final rule III. The Proposed Rule the difference between the insurance marketplace aggregate retention amount refers to these considerations in The proposed rule on which this final § 50.70(b). Because of the great rule is based was published in the for a Program Year and the aggregate amount, for all insurers, of uncertainty as to economic conditions Federal Register at 73 FR 53798 on after the occurrence of an act of September 17, 2008. The proposed rule uncompensated insured losses during such Program Year (unless the aggregate terrorism, Treasury believes it is proposed to add a Subpart H on prudent to retain maximum flexibility to amount of uncompensated insured Recoupment and Surcharge Procedures address these considerations at a future losses is greater than the insurance to part 50, which comprises Treasury’s time. In exercising this discretionary marketplace aggregate retention, in regulations implementing the Act. It authority, however, Treasury generally which case the mandatory recoupment also proposed to add definitions in intends to consider these various factors amount is zero). For any Program Year § 50.5 of Subpart A and amend §§ 50.60 on a broad-scale basis. and 50.61 of Subpart G. The proposed beginning with 2008 through 2014, the The Reauthorization Act added rule described how Treasury would insurance marketplace aggregate section 103(e)(7)(E), which establishes determine the amounts to be recouped, retention amount is the lesser of $27.5 deadlines by which the collection of the factors and considerations that billion and the aggregate amount, for all terrorism loss risk-spreading premiums, would be the basis for establishing the insurers, of insured losses from Program which are required for mandatory specific surcharge amount, the Trigger Events during the Program Year. recoupment, must be accomplished. The procedures for Treasury’s notification to For example, if the aggregate amount of amounts and deadlines vary depending insurers regarding the surcharges to be insured losses from Program Trigger on when an act of terrorism occurs: imposed, and the requirements for Events during the Program Year were • For any act of terrorism that occurs insurers to collect, report, and remit $10 billion, the insurance marketplace on or before December 31, 2010, the surcharges to the Treasury. aggregate retention amount would be Secretary shall collect all required $10 billion. The mandatory recoupment premiums by September 30, 2012; IV. Summary of Comments and Final amount would be the difference • For any act of terrorism that occurs Rule between $10 billion and the aggregate between January 1 and December 31, Treasury is now issuing this final rule amount of uncompensated insured 2011, the Secretary shall collect 35 after careful consideration of all losses. ‘‘Uncompensated insured losses’’ percent of any required premiums by comments received on the proposed is generally the aggregate amount of September 30, 2012, and the remainder rule. While this final rule largely reflects insured losses from Program Trigger by September 30, 2017; and the proposed rule, Treasury has made Events not compensated by the Federal • For any act of terrorism that occurs several clarifications based on the Government because the losses are on or after January 1, 2012, the Secretary comments. These changes appear in within insurer deductibles or the 15 shall collect all required premiums by §§ 50.70(c), 50.74(c), and 50.74(e). percent insurer share, or are within the September 30, 2017. Treasury received comments on the portion of the insured losses that exceed Because of these deadlines, one proposed rule from two national the insurer deductible but are otherwise commenter raised a concern over the insurance industry trade associations, a not paid pursuant to section 103(e)(1) of potential that recoupment could far national insurance rating and data TRIA. The amount of uncompensated outpace the payment of claims and collection bureau, and one insurance insured losses depends on the therefore recommended the use of company. As described further below, distribution of those losses among present value calculations and excess commenters generally agreed with the insurers. So continuing with the above fund accounts to earn interest on funds proposed rule and the approach as being example, if uncompensated insured provided in advance to the Federal compatible with business operations. losses amounted to $8 billion and Government. In the preamble to the There were no negative comments on Federal payments amounted to $2 proposed rule, Treasury had stated that the approach. In response to comments, billion, the mandatory recoupment the timing requirements for collecting Treasury is providing additional amount would be $2 billion (the ‘‘required premiums’’ means that clarification and some modifications of difference between $10 billion and the surcharges must be sufficient to recoup provisions in the proposed rule that aggregate amount of uncompensated Federal funds actually outlaid as of the pertain to notification to insurers, insured losses of $8 billion). The target dates for recouping any Federal meeting certain deadlines for the amount the Secretary would be required share of compensation for insured collection of surcharges, describing the to collect under section 103(e)(7)(C) of losses. Treasury ascertained that the policies and premium subject to the Act would be 133 percent of $2 commenter’s concern was based on the surcharges, and closing out insurer billion, or $2.67 billion. potential for recouping ultimate Federal reporting to Treasury. The comments Section 103(e)(7)(D) of the Act also share amounts that would not actually received and Treasury’s revisions to the provides the Secretary with be expended by Treasury until after the proposed rule are summarized below. discretionary authority to recoup recoupment period. For clarification,

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Treasury has revised § 50.70 to state that until such time as Treasury determines court or courts for litigation covered by required amounts will be collected that the calculation is considered final. the Act begins on the date that the ‘‘based on the extent to which payments The final rule, in § 50.71(d), also Treasury Secretary certifies an act of for the Federal share of compensation provides that Treasury may issue a data terrorism.’’ Procedural Order filed June have been made by the collection call to insurers for the submission of 1, 2004, available at http:// deadlines.’’ As illustrated in the information on insured losses from www.treas.gov/offices/domestic- example above, the required amounts Program Trigger Events and for insurer finance/financial-institution/terrorism- include the additional 33 percent of the deductible information. insurance/pdf/order.pdf. For the above outlays. Continuing with the above Treasury must be prepared to initiate reasons, § 50.71(b)(1) is being adopted example in which the Federal mandatory recoupment based on as proposed. Government expects that Federal estimates, prospectively, of insured 2. Establishment of Federal Terrorism payments will reach $2 billion for an act losses, the Federal share of Policy Surcharge of terrorism occurring prior to December compensation for insured losses, and 31, 2010, if as of September 30, 2012, $1 the resulting Federal outlays. The Once Treasury has determined an billion has actually been paid, Reauthorization Act added a provision amount to be recouped, an assessment recoupment should result in the (Section 103(e)(7)(F)) requiring the period and Surcharge amount will be collection of $1.33 billion by that date. Secretary to publish, within 90 days of established. The final rule includes new The remaining amount of Federal the date of an act of terrorism, an definitions for ‘‘Federal Terrorism payments plus 33 percent would be estimate of aggregate insured losses Policy Surcharge’’ and ’’ Surcharge’’, recouped after September 30, 2012. which shall be used as the basis for ‘‘assessment period’’ and ‘‘Surcharge Another commenter suggested determining whether mandatory effective date’’, which are added to additional language for the rule that recoupment will be required. Proposed § 50.5 of the regulations. § 50.72(b) would address Treasury’s intention to § 50.71(b) provided that Treasury would provides that the Surcharge is the not exceed required amounts in its meet this requirement within 90 days obligation of the policyholder and establishment of surcharges, the after certification of an act of terrorism. payable to the insurer with the premium avoidance of collecting de minimis Two commenters stated that this for a property and casualty insurance amounts, and the handling of excess proposal should be revised because the policy in effect during the assessment amounts collected. Treasury believes statute requires that the estimate be period. that the concerns raised were for the published within 90 days after the An ‘‘assessment period’’ is defined as most part already addressed in the occurrence of the act of terrorism. a period during which policyholders proposed rule § 50.72 which, in ‘‘Act of terrorism’’ is a defined must pay, and insurers must collect, the providing for the establishment of the statutory term. Under Section 102(1)(A), Federal Terrorism Policy Surcharge for surcharge, lists a number of factors and an ‘‘act of terrorism’’ is any act which remittance to Treasury. Treasury’s considerations including the collection is certified by the Secretary, in intention is that, to the extent possible, timing requirements of section concurrence with the Secretary of State assessment periods will be in full-year 103(e)(7)(E) of the Act, and the and the Attorney General of the United increments in order to equitably impose likelihood that the amount of the States, and meets certain specified the Surcharge on policyholders who Federal Terrorism Policy Surcharge may elements. Without certification, an act have policy term effective dates result in the collection of an aggregate does not meet the definition of an ‘‘act throughout the year. Due to the recoupment amount in excess of the of terrorism.’’ collection deadlines, however, this may planned recoupment amount. In Treasury believes that the most not always be feasible. addition, under the rule the Secretary reasonable interpretation of Section The definition for ‘‘Federal Terrorism may consider such other factors as the 103(e)(7)(F) is that such an estimate of Policy Surcharge’’ is the amount Secretary considers important, which aggregate insured losses must be established by Treasury as a policy could include the costs of collecting de published 90 days after the certification surcharge on policies of ‘‘property and minimis recoupment amounts. of an act of terrorism. There is no casualty insurance’’ as that term is Section 50.71(a) provides that if limitation under Section 102(1) on the defined in § 50.5(u). The Surcharge is to payments for the Federal share of time the Secretary may take to certify, be expressed as a percentage of the compensation have been made for a or determine not to certify, an act as an amount charged as written premium for Program Year, and Treasury determines act of terrorism. Moreover, the purpose commercial property and casualty that insured loss information is of this estimate is for use in determining coverage in such policies. sufficiently developed and credible to whether mandatory recoupment will be The factors and considerations serve as a basis for calculating required. Until there is a certification of Treasury will consider in establishing recoupment amounts, then Treasury an act of terrorism, there would be no the amount of the Federal Terrorism will make an initial determination of basis to make Federal payments for Policy Surcharge are set out in any mandatory or discretionary insured losses and no need to consider § 50.72(a). They include requirements of recoupment amounts for that Program whether mandatory recoupment would the Act as well as other factors. In Year. Ideally, Treasury will use loss be required. particular, Section 103(e)(7)(C) of TRIA information obtained from the This interpretation is also consistent as amended by the Reauthorization Act, submissions by insurers for the Federal with the Procedural Order entered by requires that once a mandatory share of compensation, as well as other the Judicial Panel on Multidistrict recoupment amount is determined, industry sources, to determine the Litigation concerning the 90-day period collections are to equal 133 percent of appropriate time to make an initial in Section 107(a)(4) of the Act, which that amount. Section 103(e)(8)(D) of the determination of recoupment amounts. requires a designation by the Panel ‘‘not Act requires Treasury, in determining Thereafter, as described under later than 90 days after the occurrence the method and manner of imposing the § 50.71(c), Treasury will at least of an act of terrorism.’’ The order notes Surcharge, to take into consideration the annually examine the latest available the definition of an ‘‘act of terrorism,’’ economic impact on commercial centers information on insured losses to and accordingly provides that ‘‘the 90- of urban areas, risk factors related to recalculate any recoupment amounts day period for the Panel to designate the rural areas and smaller commercial

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centers, and various exposures to provide the desired 180 days’ notice to Surcharge. Treasury will also provide terrorism risk for different lines of insurers of a Surcharge implementation reasonable advance notice of any insurance. In the preamble to the as of January 1. Two possible modification or cessation of the proposed rule, Treasury explained that alternatives for managing this Surcharge. In such cases, Treasury while it will consider these factors at circumstance were suggested for which anticipates providing at least 90 days’ the time it becomes necessary to Treasury specifically sought public notice. Notifications will be establish the amount of a Surcharge, for comment. accomplished through publications in several reasons it is likely that the same The first alternative was a possible the Federal Register or in another Federal Terrorism Policy Surcharge bifurcated notification to insurers. manner Treasury deems appropriate, would apply to all commercial property Treasury would notify insurers 180 days based upon the circumstances of the and casualty lines of insurance, as in advance of January 1, that an particular act of terrorism. defined by the Act, and all rating assessment period will commence, but Despite the strong preference for the classifications. Treasury explained that the actual Surcharge amount would not bifurcated approach, Treasury must after discussions with industry experts, yet be provided. This would allow have the flexibility to meet the statutory it was understood that variations in insurers time to develop systems collection deadlines even if that underlying premium amounts for changes to implement a Surcharge. The approach cannot be accomplished. The commercial lines insurance policies actual Surcharge amount would be final rule retains the language of already appear to substantially operate provided at a later date, perhaps at least § 50.73(b) of the proposed rule, which in a way that addresses the adjustment 60 days in advance of January 1. allows the effective date to be other than factors described in the Act. Treasury The second alternative was to relax January 1 if that date would not provide also stated its concern over the time and the standard of a January 1 for sufficient notice of implementation resources needed to perform the implementation date. The assessment while meeting the statutory collection complex analyses and to construct and period could start as of the first day of deadlines. The second alternative implement a detailed risk classification a later month, but continue through that described above would only be scheme reflecting these factors, as well calendar year. The result of this would implemented as a fallback position. be a more complicated reconciliation of as needing to meet collection deadlines 4. Collecting the Surcharge based on estimates of future Federal written premium and Surcharge outlays. However, based on a review of amounts with NAIC Annual Statement Section 50.74 of the proposed rule economic conditions at the time a data, but would yet be substantially specified that the Surcharge shall be Surcharge amount is established, consistent with the NAIC Annual imposed and collected on a written Treasury stated that it might, if Statement reporting period. premium basis for policies that are in necessary, and within the collection Two commenters provided comments force during the assessment period. The timing constraints, mitigate economic on the alternative approaches. Both proposed rule further provided that all impacts by imposing a lesser Surcharge supported the first (bifurcated) approach new, renewal, mid-term, and audit over a longer period of time. In the to notification. One commenter stated additional premiums for a policy term proposed rulemaking, Treasury that Treasury should allow at least 90 would be subject to the Surcharge in specifically solicited public comment days advance notice of the actual effect on the policy term effective date. on this approach. No comments were surcharge amount while the other The preamble to the proposed rule submitted on this issue. commenter stated that Treasury should noted that policies placed in force prior provide notice of the actual surcharge to the assessment period would not be 3. Notification of Recoupment amount at least 60 days in advance of subject to the Surcharge until renewal, Section 50.73 of the final rule states January 1. In considering how to regardless of mid-term endorsements. that Treasury will provide reasonable proceed based on these comments, Two commenters suggested a advance notice of any initial Surcharge Treasury is mindful of the generally clarification in the rule, referring to effective date. This effective date shall recognized downside of using an policies that ‘‘incept or renew’’ during be January 1, unless such date would effective date other than January 1. We the assessment period rather than not provide for sufficient notice of acknowledge that 90 days advance policies that are ‘‘in force’’ during the implementation while meeting the notice of the actual surcharge amount assessment period. Treasury agrees that collection timing requirements of would be preferable. However, we this is consistent with the intent and has section 103(e)(7)(E) of the Act. believe that most insurers could make made this change in the final rule. The purpose of a January 1 effective the final system changes with at least 60 One commenter noted that since date is to coordinate with the National days’ notice. To have to implement return premium on audit would also be Association of Insurance Commissioners surcharges and reconciliations with a subject to the return of the Surcharge, (NAIC) Annual Statement reporting later implementation date than January the term ‘‘audit additional premiums’’ period. In the preamble to the proposed 1, just because a 90 day notice was not noted above should merely read ‘‘audit rule, Treasury stated its belief that there possible, would be more disruptive to premiums.’’ Again, this is consistent is a clear advantage to coordinating an more insurers. Therefore, in with the intent and for the sake of assessment period and the written implementing the final rule in clarity Treasury has made the suggested premium and remitted Surcharge circumstances where all necessary change in the final rule. For additional amounts with the calendar year basis for information cannot be provided at least clarity, Treasury has modified the the NAIC Annual Statements. However, 180 days in advance, Treasury intends proposed rule § 50.74(e), which insurers also would ideally have 180 to use the bifurcated approach. This provided for the return of Surcharge days’ notice to implement the would include 180 days’ notice of the amounts attributable to unearned Surcharge. The timing of an act of commencement of an assessment premiums which are returned to terrorism, the emerging estimates of period, and, at least 60 days notice and, policyholders, to state that Surcharge insured losses and resulting Federal if possible, as much as 90 days notice amounts are to be returned when outlays, and the requirement to collect of the actual surcharge amount. attributable to any refunded premium. the Surcharges by certain deadlines Treasury will provide notification As noted in the preamble of the could impinge on Treasury’s ability to annually as to continuation of the proposed rule, the definition of property

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and casualty insurance was the result of casualty insurance is not de minimis, transactional level, as well as consistent extensive consultation, which produced the insurer shall impose and collect with state regulatory requirements for a regulatory definition crafted in terms from the policyholder a Surcharge reporting written premiums. The of specific lines of business employed in amount based on a reasonable estimate Surcharge itself is not considered the NAIC’s Exhibit of Premium and of the premium amount for the property premium. Losses of the NAIC Annual Statement, and casualty insurance coverage under The proposed rule, in § 50.74(c)(1), modified by the exceptions for certain the policy. stated that for purposes of applying the types of insurance excluded by the Act. One comment on the proposed rule Surcharge, written premium basis Insurers will be obligated to was that it provides no guidance as to means the premium amount charged a implement the Federal Terrorism Policy what is and what is not de minimis. policyholder by an insurer for property Surcharge on a policyholder transaction Treasury intended for there to be some and casualty insurance as defined in level. There is a complicating factor in flexibility in applying this provision of § 50.5(u), including all premiums, the definition of commercial property the rule where there is a very small, but policy expense constants and fees and casualty insurance in that certain not specifically calculable portion of the defined as premium pursuant to the exclusions in the definition create a premium that can be attributed to Statements of Statutory Accounting possibility of individual policies coverage that is not within the Principles (SSAP) established by the providing types of insurance that are definition of property and casualty NAIC. One commenter asserted that considered to fall both within and insurance. since states can modify the SSAP, this outside the Act’s definition of property The commenter urged Treasury to section should allow for premium and casualty insurance. The authorities review analogous provisions of earlier pursuant to the SSAP as adopted by the under the Act (at subsections TRIA regulations, such as those jurisdiction for which the premium is 103(e)(8)(A) and (C) 1) limit the addressing insurer deductibles and reported. Treasury has made this change application of the Surcharge to the direct earned premium calculations. It in the final rule. policy premium amount charged for was unclear from this comment whether Section 50.74(f) provides that an property and casualty insurance this was from the standpoint of concept insurer may satisfy its obligation to coverage under the policy. or, more specifically, the 25 percent collect the Federal Terrorism Policy In the proposed rule, as a basic threshold for considering commercial Surcharge by remitting the calculated starting point, Treasury proposed that coverage to be incidental to a policy for Surcharge amount to Treasury, without the Surcharge apply to the full premium purposes of the definition of direct actual collection, in circumstances for any policy falling within the earned premium. If it is the latter, where the expense of collecting the definition of property and casualty Treasury is satisfied that 25 percent of Surcharge from all policyholders during insurance in proposed § 50.5(u), i.e., the a premium is not a de minimis amount. an assessment period exceeds the premium for the policy is reported on However, in considering further amount of the Surcharges anticipated to the insurer’s NAIC Annual Statement, or guidance, because of the variety of be collected. equivalent reporting document, in a insurer and policy premium The Federal Terrorism Policy specified commercial line of business as circumstances, Treasury is reluctant to Surcharge is a repayment of Federal defined by Treasury’s regulations. further define what is de minimis. As financial assistance in an amount However, a portion of a policy’s noted in the proposed rule preamble, required by law. It is not a premium premium would not be subject to the Treasury will be developing reporting paid by a policyholder to an insurer. Surcharge if, despite the line of business forms for the insurer submission of Proposed § 50.74(g) stated that no fee or premium reporting to the NAIC, that surcharges and will consider additional commission shall be charged on the portion of the premium is for coverage guidance in connection with that forms Federal Terrorism Policy Surcharge. under the policy that is a type of development. For the final rule, the Two commenters said that the provision insurance not considered to be relevant provision, § 50.74(c)(2), is should be expanded to provide that the commercial property and casualty unchanged. surcharge is not subject to taxes or insurance as specified in Treasury’s As part of this rule, Treasury is assessments. Section 106 of the Act regulations. adding a definition to § 50.5 for direct generally preserves the jurisdiction or In the case of a policy providing written premium, which is the premium regulatory authority of the insurance multiple insurance coverages, where an information for commercial property commissioner (or any agency or office insurer cannot identify the premium and casualty insurance, as defined in performing like functions) of any state amount charged specifically for the regulations, that is included by an over any insurer or other person except property and casualty coverage under insurer in column 1 of the Exhibit of as specifically provided in the Act. the policy, the proposed rule provided Premiums and Losses of the NAIC Whether the surcharge is subject to for two circumstances. If the insurer Annual Statement or in an equivalent taxes or assessments concerns state law estimates that the portion of the reporting requirement. Consistent with as well as the issue of Federal premium amount charged for coverage the discussion above, an insurer would preemption. Treasury has concluded other than property and casualty subtract the premium that is not subject that taxes and assessments should not insurance is de minimis to the total to the Surcharge. Otherwise, the full be addressed in the regulation. The proposed rule provided that if an premium for the policy, the insurer may premium for the policy is included for Surcharge computation. Minor insurer returns any unearned premium impose and collect from the adjustments to the definition of direct to a policyholder, it shall also return policyholder a Surcharge amount based earned premium to eliminate some any Federal Terrorism Policy Surcharge on the total premium for the policy. If inconsistencies between that definition collected that is attributable to the the insurer estimates that the portion of and the new definition of direct written unearned premium. As noted earlier in the premium amount charged for premium are included in the final rule the discussion of comments associated coverage other than property and as had been proposed. The definition of with treatment of audit premiums, 1 Under the Reauthorization Act, Section direct written premium has been crafted § 50.74(e) of the final rule has been 103(e)(8)(C) now applies only to discretionary to be consistent with premium billing modified to address the refund of any recoupment. and collection practices on a premiums.

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The final rule provides that the Service. Treasury also recognizes that a policies will have final audits that close insurer shall have such rights and monthly accounting period is standard after that time and that, in addition, the remedies to enforce the collection of the within the insurance industry. The final proposed rule was unclear with respect Surcharge that are equivalent to those rule allows insurers to retain the interest to policies with terms longer than one that exist under applicable state or other (and therefore not have to separately year. In developing the proposed rule law for nonpayment of premium. account and remit such amounts to and in considering this comment, Insurers should follow the appropriate Treasury) on funds collected on a Treasury has endeavored to strike a state law in such circumstances. ‘‘written’’ basis and remitted monthly to balance between the accounting of Treasury. Treasury believes that this is 5. Remitting the Surcharge Surcharges and the costs of maintaining a reasonably efficient approach to the systems for collecting, submitting, The effect of § 50.76 of the final rule administering the collection and and reporting of Surcharges on the part is that, notwithstanding the definition of remittance requirements of the Act. of insurers and Treasury. After an insurer in prior § 50.5(f) (now Should the Value of Federal Funds at consulting with industry experts, redesignated as § 50.5(l)), the collection, the time of any actual imposition of the Treasury believes that revisions to the reporting and remittance of Federal Federal Terrorism Policy Surcharge be written premium amounts that would Terrorism Policy Surcharges to Treasury significantly greater than current levels, occur more than one year after the shall be the responsibility of each Treasury will revisit this issue. termination of the assessment period, individual insurer entity as otherwise Section 50.75 of the final rule calls for which would be associated with defined in § 50.5(f) without including insurers to report and remit Federal additional or returned premiums on affiliates. This is because affiliations of Terrorism Policy Surcharges on a policies that incepted or renewed in the insurers that are relevant in determining monthly basis, starting with the first assessment period, would be insurer deductibles are not pertinent to month within the assessment period, sufficiently small relative to the the collection and remittance of the through November of the calendar year aggregate premium amounts to justify Surcharges. and on an annual basis as of the last ending further adjustments to the Consistent with the Act, Treasury’s month. As discussed earlier, ideally and approach to the collection and as intended, the first month within the Surcharge. Therefore in the final rule, remittance of the Federal Terrorism assessment period would be January. clarifications have been added to Policy Surcharge is to place an The requirements are expected to ease §§ 50.74(c) and (e) to provide that obligation on the policyholder to pay the administrative burden by building insurers are no longer required to collect the Surcharge and require the insurer to upon reporting requirements already or refund Surcharges once the reporting collect the Surcharge from each imposed by the States. The definition of requirement to Treasury has ended. policyholder. The final rule provides ‘‘direct written premium’’ on which an Section 50.75(d) has also been revised to insurers the means to address non- insurer must report and the specific due clarify that an insurer obtains credit for payment of the Surcharge and provides dates for reporting in § 50.75(a) have a refund of any Federal Terrorism Policy for the reporting and remittance of the been coordinated with NAIC Annual Surcharges previously remitted to Surcharge to Treasury according to Statement requirements. The main Treasury through its submission of calculated amounts that are based on reconciliation of information reported to monthly or annual statements. statutory financial reporting already Treasury and to NAIC would be Treasury will be developing forms for required by the States. The description accomplished with the year-end NAIC the reporting and remittance of the of premium subject to the Surcharge in Annual Statements. Federal Terrorism Policy Surcharge and § 50.74(c) and the definition of ‘‘direct The collection timing requirements of plans on implementing an electronic written premium’’ in § 50.5(g) and other section 103(e)(7)(E) of the Act generally reporting and payment facility. provisions of the final rule on the require recoupment of certain amounts treatment of the Surcharge at both the of Federal outlays through September 6. Audit Authority and Recordkeeping policy transaction and financial 30, coinciding with the end of the statement reporting levels have been Federal fiscal year. Treasury will It is Treasury’s intention that it’s crafted so that the Surcharge amounts estimate recoupment amounts and reporting requirements, coordinated and calculated for remittance to Treasury Surcharges so that these deadlines are reconciled with other state-level will be equivalent to the actual met, while still keeping to an end of reporting, will result in less of an audit collections. By relying on premium calendar year date for defining an burden than might otherwise be amounts that are reported to the States, assessment period. This end date will necessary. The final rule includes a and that are already subject to other allow the reporting and reconciliation to revision of the current § 50.60 and an audit requirements, Treasury expects be coordinated with Annual Statements. addition to the current § 50.61. The that its own audit responsibilities can be To accommodate possible changes in revision adds language to the effect that accomplished with less focus on the Federal Terrorism Policy Surcharge the Secretary of the Treasury, or an individual insurer compliance with the amount from one year to another, direct authorized representative, shall have, Surcharge collection than would written premium is to be broken down upon reasonable notice, access to all otherwise be necessary. This will result by policy year. This is similar to books, documents, papers and records in a more efficient mechanism for requirements imposed at the state-level of an insurer that are pertinent to the recoupment for Treasury, insurers, and with regard to other assessments. Federal Terrorism Policy Surcharge. The policyholders. Since remittance is on a ‘‘written’’ addition generally provides that records In developing reporting and basis, the proposed rule provided for a relating to premiums, Surcharges, remittance frequency requirements, continued reporting requirement for one collections and remittances to Treasury Treasury considered the amount of time year following the end of the assessment shall be retained by an insurer and kept insurers may be holding the funds period. One commenter noted that available for review for not less than collected prior to remittance to closing out reporting one year after the three (3) years following the conclusion Treasury, and the current Value of termination of the assessment period of the assessment period or settlement Federal Funds published by the would be satisfactory for the vast of accounts with Treasury, whichever is Treasury’s Financial Management majority of policies, but that some later.

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7. Enforcement an act of terrorism, and a Federal policyholders of property and casualty Insurers will be responsible for sharing of compensation for insured insurance policies must pay, and collecting appropriate Surcharge losses requiring recoupment, there is no insurers must collect, the Federal amounts from their policyholders. economic impact at all. The ability to Terrorism Policy Surcharge for Because § 50.74(d) provides that collect surcharges is routine within the remittance to Treasury. insurance industry. Should a surcharge (f) Direct earned premium means insurers have rights and remedies to be required, it would be collected and direct earned premium for all enforce collection that are equivalent to submitted by insurers based on existing commercial property and casualty those that exist under state law for normal business processes. The insurance issued by any insurer for nonpayment of premium, Treasury payment of a surcharge is the obligation insurance against all losses, including believes insurers will have the requisite of the policyholder. The insurer must losses from an act of terrorism, tools to collect the Surcharge. Treasury collect the surcharge, but would do so occurring at the locations described in may rely on its authority to impose civil through the normal payment by the section 102(5)(A) and (B) of the Act. monetary penalties on an insurer policyholder of the insurance premium (1) State licensed or admitted pursuant to section 104(e)(1)(A) of the for property and casualty insurance. The insurers. For a State licensed or Act for the failure to charge, collect or economic impact on all commercial admitted insurer that reports to the timely remit proper Surcharge amounts property and casualty insurers NAIC, direct earned premium is the to enforce the provisions of this final (including any that might be small premium information for commercial rule. entities) should thus be minimal. property and casualty insurance 8. Other Technical Changes Treasury did not receive any comments reported by the insurer on column 2 of at the proposed rule stage relating to the the NAIC Exhibit of Premiums and As noted under ‘‘Collecting the rule’s impact on small entities. Losses of the NAIC Annual Statement Surcharge,’’ the final rule includes some Accordingly, a regulatory flexibility (commonly known as Statutory Page minor changes to the existing definition analysis is not required. 14). (See definition of property and of ‘‘direct earned premium.’’ Although Paperwork Reduction Act. The casualty insurance.) the complete definition is set out for collection of information contained in (i) Premium information as reported information, no substantive changes this final rule has been approved by the to the NAIC should be included in the were made to the existing OMB under the requirements of the calculation of direct earned premiums § 50.5(d)(1)(iv), (d)(2), (d)(3), and (d)(4). Paperwork Reduction Act, 44 U.S.C. for purposes of the Program only to the Similarly, although the existing 3507(d) and has been assigned control extent it reflects premiums for provision on recordkeeping is set out in number 1505–0207. commercial property and casualty § 50.61(a), no substantive changes were insurance issued by the insurer against made to that provision. List of Subjects in 31 CFR Part 50 losses occurring at the locations V. Procedural Requirements Terrorism risk insurance. described in section 102(5)(A) and (B) of the Act. Authority and Issuance Executive Order 12866, ‘‘Regulatory (ii) Premiums for personal property Planning and Review’’. This rule is a ■ For the reasons stated above, 31 CFR and casualty insurance (insurance significant regulatory action for part 50 is amended as follows: primarily designed to cover personal, purposes of Executive Order 12866, family or household risk exposures, ‘‘Regulatory Planning and Review,’’ and PART 50—TERRORISM RISK with the exception of insurance written has been reviewed by the Office of INSURANCE PROGRAM to insure 1 to 4 family rental dwellings Management and Budget (OMB). ■ 1. The authority citation for part 50 is owned for the business purpose of Regulatory Flexibility Act. Pursuant to revised to read as follows: generating income for the property the Regulatory Flexibility Act, 5 U.S.C. owner), or premiums for any other 601 et seq., it is hereby certified that this Authority: 5 U.S.C. 301; 31 U.S.C. 321; insurance coverage that does not meet rule will not have a significant Title I, Pub. L. 107–297, 116 Stat. 2322, as the definition of commercial property amended by Pub. L. 109–144, 119 Stat. 2660 economic impact on a substantial and Pub. L. 110–160, 121 Stat. 1839 (15 and casualty insurance, should be number of small entities. TRIA requires U.S.C. 6701 note). excluded in the calculation of direct all insurers that receive direct earned earned premiums for purposes of the premiums for commercial property and ■ 2. Section 50.5 is amended as follows: Program. casualty insurance, to participate in the ■ a. Paragraphs (d), (e), (f), (g), (h), (i), (iii) Personal property and casualty Program. Treasury is required to recoup (j), (k), (l), (m), (n), (o), (p), (q), and (r) insurance coverage that includes all or a portion of the Federal share of are redesignated as paragraphs (f), (k), incidental coverage for commercial compensation paid to insurers for (l), (m), (o), (p), (q), (r), (s), (t), (u), (v), purposes is primarily personal coverage, insured losses in accordance with the (w), (z) and (bb), respectively. and therefore premiums may be fully ■ Act. Insurers that are affected by these b. New paragraphs (d), (e), (g), (h), (i), excluded by an insurer from the regulations tend to be large businesses, (j), (n), (x), (y), and (aa) are added. calculation of direct earned premium. ■ c. Newly designated paragraph (f) is therefore Treasury has determined that For purposes of the Program, revised. the rule will not affect a substantial The revisions read as follows: commercial coverage is incidental if less number of small entities. In addition, than 25 percent of the total direct Treasury has determined that the § 50.5 Definitions. earned premium is attributable to economic impact of the rule is not * * * * * commercial coverage. Commercial significant. The Act requires that a (d) Aggregate Federal share of property and casualty insurance against policyholder surcharge be imposed on compensation means the aggregate losses occurring at locations other than all policies of property and casualty amount paid by Treasury for the Federal the locations described in section insurance, as defined in the Act. The share of compensation for insured losses 102(5)(A) and (B) of the Act, or other Act requires Treasury to provide for in a Program Year. insurance coverage that does not meet insurers to collect the surcharges and (e) Assessment period means a period, the definition of commercial property remit them to Treasury. Unless there is established by Treasury, during which and casualty insurance, but that

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includes incidental coverage for (3) Certain eligible surplus line carrier (i) Federal Terrorism Policy Surcharge commercial risk exposures at such insurers. An eligible surplus line carrier means the amount established by locations, is primarily not commercial insurer listed on the NAIC Quarterly Treasury under section 103(e)(8) of the property and casualty insurance, and Listing of Alien Insurers must ascertain Act which is imposed as a policy therefore premiums for such insurance its direct earned premium as follows: surcharge on property and casualty may also be fully excluded by an insurer (i) For policies that were in-force as of insurance policies, expressed as a from the calculation of direct earned November 26, 2002, or entered into percentage of the written premium. premium. For purposes of this section, prior to January 1, 2003, direct earned (j) Insurance marketplace aggregate commercial property and casualty premiums are to be determined with retention amount means an amount for insurance for losses occurring at the reference to the definition of property a Program Year as set forth in section locations described in section 102(5)(A) and casualty insurance and the 103(e)(6) of the Act. For any Program and (B) of the Act is incidental if less locations described in section 102(5)(A) Year beginning with 2008 through 2014, than 25 percent of the total direct and (B) of the Act by allocating the such amount is the lesser of earned premium for the insurance appropriate portion of premium income $27,500,000,000 and the aggregate policy is attributable to coverage at such for losses for property and casualty amount, for all insurers, of insured locations. Also for purposes of this insurance at such locations. The same losses from Program Trigger Events section, coverage for commercial risk allocation methodologies contained during the Program Year. within the NAIC’s ‘‘Allocation of exposures is incidental if it is combined * * * * * with coverages that otherwise do not Surplus Lines and Independently Procured Insurance Premium Tax on (n) Mandatory recoupment amount meet the definition of commercial means the difference between the property and casualty insurance and Multi-State Risks Model Regulation’’ for allocating premium between coverage insurance marketplace aggregate less than 25 percent of the total direct retention amount for a Program Year earned premium for the insurance for property and casualty insurance for losses occurring at the locations and the uncompensated insured losses policy is attributable to the coverage for during such Program Year. The commercial risk exposures. described in section 102(5)(A) and (B) of the Act and all other coverage, to mandatory recoupment amount shall be (iv) If a property and casualty zero, however, if the amount of such insurance policy covers both ascertain the appropriate percentage of premium income to be included in uncompensated insured losses is greater commercial and personal risk than the insurance marketplace exposures, insurers may allocate the direct earned premium, may be used. (ii) For policies issued after January 1, aggregate retention amount. premiums in accordance with the 2003, premium for insurance that meets * * * * * proportion of risk between commercial the definition of property and casualty (x) Surcharge means the Federal and personal components in order to insurance for losses occurring at the Terrorism Policy Surcharge as defined ascertain direct earned premium. If a locations described in section 102(5)(A) in paragraph (i) of this section. policy includes insurance coverage that and (B) of the Act, must be priced (y) Surcharge effective date means the meets the definition of commercial separately by such eligible surplus line date established by Treasury that begins property and casualty insurance for carriers. the assessment period. losses occurring at the locations (4) Federally approved insurers. A described in section 102(5)(A) and (B) of * * * * * federally approved insurer under (aa) Uncompensated insured losses— the Act, but also includes other section 102(6)(A)(iii) of the Act should coverage, insurers may allocate the means the aggregate amount of insured use a methodology similar to that losses, from Program Trigger Events, of premiums in accordance with the specified for eligible surplus line carrier all insurers in a Program Year that is not proportion of risk attributable to the insurers in paragraph (f)(3) of this compensated by the Federal components in order to ascertain direct section to calculate its direct earned Government because such losses: earned premium. premium. Such calculation should be (1) Are within the insurer deductibles (2) Insurers that do not report to adjusted to reflect the limitations on of insurers, or NAIC. An insurer that does not report to scope of insurance coverage under the the NAIC, but that is licensed or Program (i.e., to the extent of federal (2) Are within the portions of losses admitted by any State (such as certain approval of commercial property and in excess of insurer deductibles that are farm or county mutual insurers), should casualty insurance in connection with not compensated through payments use the guidance provided in paragraph maritime, energy or aviation activities). made as a result of claims for the (f)(1) of this section to assist in (g) Direct written premium means the Federal share of compensation. ascertaining its direct earned premium. premium information for commercial * * * * * (i) Direct earned premium may be property and casualty insurance as ■ 3. Revise §§ 50.60 and 50.61 of ascertained by adjusting data defined in paragraph (u) of this section Subpart G to read as follows: maintained by such insurer or reported that is included by an insurer in column by such insurer to its State regulator to 1 of the Exhibit of Premiums and Losses § 50.60 Audit authority. reflect a breakdown of premiums for of the NAIC Annual Statement or in an The Secretary of the Treasury, or an commercial and personal property and equivalent reporting requirement. The authorized representative, shall have, casualty exposure risk as described in Federal Terrorism Policy Surcharge is upon reasonable notice, access to all paragraph (f)(1) of this section and, if not included in amounts reported as books, documents, papers and records necessary, re-stated to reflect the accrual direct written premium. of an insurer that are pertinent to method of determining direct earned (h) Discretionary recoupment amount amounts paid to the insurer as the premium versus direct premium. means such amount of the aggregate Federal share of compensation for (ii) Such an insurer should consider Federal share of compensation in excess insured losses, or pertinent to any other types of payments that of the mandatory recoupment amount Federal Terrorism Policy Surcharge that compensate the insurer for risk of loss that the Secretary has determined will is imposed pursuant to subpart H of this (contributions, assessments, etc.) as part be recouped pursuant to section part, for the purpose of investigation, of its direct earned premium. 103(e)(7)(D) of the Act. confirmation, audit and examination.

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§ 50.61 Recordkeeping. Subpart H—Recoupment and the collection timing requirements of (a) Each insurer that seeks payment of Surcharge Procedures section 103(e)(7)(E) of the Act it is necessary to use an estimate of such a Federal share of compensation under § 50.70 Mandatory and discretionary payments as a basis for calculating subpart F of this part shall retain such recoupment. recoupment amounts, Treasury will records as are necessary to fully disclose (a) Pursuant to section 103 of the Act, make an initial determination of any all material matters pertinent to insured the Secretary shall impose, and insurers mandatory recoupment amounts for that losses and the Federal share of shall collect, such Federal Terrorism Program Year. compensation sought under the Policy Surcharges as needed to recover (c) Following the initial determination Program, including, but not limited to, 133 percent of the mandatory of recoupment amounts for a Program records regarding premiums and recoupment amount for any Program Year, Treasury will recalculate any insured losses for all commercial Year. mandatory or discretionary recoupment property and casualty insurance issued (b) In the Secretary’s discretion, the amount as necessary and appropriate, by the insurer and information relating Secretary may recover any portion of the and at least annually, until a final to any adjustment in the amount of the aggregate Federal share of compensation recoupment amount for the Program Federal share of compensation payable. that exceeds the mandatory recoupment Year is determined. Treasury will Insurers shall maintain detailed records amount through a Federal Terrorism compare any recalculated recoupment for not less than five (5) years from the Policy Surcharge based on the factors amount to amounts already remitted termination dates of all reinsurance set forth in section 103(e)(7)(D) of the and/or to be remitted to Treasury for a agreements involving commercial Act. Federal Terrorism Policy Surcharge (c) If the Secretary is required to property and casualty insurance subject previously established to determine impose a Federal Terrorism Policy to the Act. Records relating to premiums whether any additional amount will be Surcharge as provided in paragraph (a) shall be retained and available for recouped by Treasury. of this section, then the required review for not less than three (3) years (d) For the purpose of determining amounts, based on the extent to which initial or recalculated recoupment following the conclusion of the policy payments for the Federal share of year. Records relating to underlying amounts, Treasury may issue a data call compensation have been made by the to insurers for insurer deductible and claims shall be retained for not less than collection deadlines in section insured loss information by Program five (5) years following the final 103(e)(7)(E) of the Act, shall be collected Year. Treasury’s determination of the adjustment of the claim. in accordance with such deadlines: aggregate amount of insured losses from (b) Each insurer that collects a Federal (1) For any act of terrorism that occurs Program Trigger Events of all insurers Terrorism Policy Surcharge as required on or before December 31, 2010, the for a Program Year will be based on the by subpart H of this part shall retain Secretary shall collect all required amounts reported in response to a data records related to such Surcharge, amounts by September 30, 2012; call and any other information Treasury including records of the property and (2) For any act of terrorism that occurs in its discretion considers appropriate. casualty insurance premiums subject to between January 1 and December 31, Submission of data in response to a data the Surcharge, the amount of the 2011, the Secretary shall collect 35 call shall be on a form promulgated by Surcharge imposed on each policy, percent of any required amounts by Treasury. September 30, 2012, and the remainder aggregate Federal Terrorism Policy by September 30, 2017; and § 50.72 Establishment of Federal Surcharges collected, and aggregate (3) For any act of terrorism that occurs Terrorism Policy Surcharge. Federal Terrorism Policy Surcharges on or after January 1, 2012, the Secretary (a) Treasury will establish the Federal remitted to Treasury during each shall collect all required amounts by Terrorism Policy Surcharge based on the assessment period. Such records shall September 30, 2017. following factors and considerations: be retained and kept available for (1) In the case of a mandatory review for not less than three (3) years § 50.71 Determination of recoupment recoupment amount, the requirement to following the conclusion of the amounts. collect 133 percent of that amount; assessment period or settlement of (a) If payments for the Federal share (2) The total dollar amount to be accounts with Treasury, whichever is of compensation have been made for a recouped as a percentage of the latest later. Program Year, and Treasury determines available annual aggregate industry that insured loss information is direct written premium information; ■ 4. Subpart H of part 50 is added to sufficiently developed and credible to (3) The adjustment factors for read as follows: serve as a basis for calculating terrorism loss risk-spreading premiums recoupment amounts, Treasury will described in section 103(e)(8)(D) of the Subpart H—Recoupment and make an initial determination of any Act; Surcharge Procedures mandatory or discretionary recoupment (4) The annual 3 percent limitation on amounts for that Program Year. terrorism loss risk-spreading premiums Sec. (b)(1) Within 90 days after collected on a discretionary basis as 50.70 Mandatory and discretionary certification of an act of terrorism, the provided in section 103(e)(8)(C) of the recoupment. Secretary shall publish in the Federal Act; 50.71 Determination of recoupment Register an estimate of aggregate (5) A preferred minimum initial amounts. insured losses which shall be used as assessment period of one full year and 50.72 Establishment of Federal Terrorism the basis for initially determining subsequent extension periods in full Policy Surcharge. whether mandatory recoupment will be year increments; 50.73 Notification of recoupment. required. (6) The collection timing 50.74 Collecting the surcharge. (2) If at any time Treasury projects requirements of section 103(e)(7)(E) of 50.75 Remitting the surcharge. that payments for the Federal share of the Act; 50.76 Insurer responsibility. compensation will be made for a (7) The likelihood that the amount of Program Year, and that in order to meet the Federal Terrorism Policy Surcharge

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may result in the collection of an subject to the Surcharge. For purposes collect by omitting actual collection and aggregate recoupment amount in excess of this subpart: instead remitting to Treasury the of the planned recoupment amount; and (1) Written premium basis means the amount otherwise due. (8) Such other factors as the Secretary premium amount charged a (g) The Federal Terrorism Policy considers important. policyholder by an insurer for property Surcharge is repayment of Federal (b) The Federal Terrorism Policy and casualty insurance as defined in financial assistance in an amount Surcharge shall be the obligation of the § 50.5(u), including all premiums, required by law. No fee or commission policyholder and is payable to the policy expense constants and fees shall be charged on the Federal insurer with the premium for a property defined as premium pursuant to the Terrorism Policy Surcharge. and casualty insurance policy in effect Statements of Statutory Accounting Principles established by the National § 50.75 Remitting the surcharge. during the assessment period (a) Each insurer shall provide a established by Treasury. See § 50.74(c). Association of Insurance Commissioners, as adopted by the state statement of direct written premium and § 50.73 Notification of recoupment. for which the premium will be reported. Federal Terrorism Policy Surcharge to Treasury on a monthly basis, starting (a) Treasury will provide notifications (2) In the case of a policy providing with the first month within the of recoupment through publication of multiple insurance coverages, if an assessment period, through November notices in the Federal Register or in insurer cannot identify the premium of the calendar year and on an annual another manner Treasury deems amount charged a policyholder basis as of the last month of the calendar appropriate, based upon the specifically for property and casualty year. Reporting will be on a form circumstances of the act of terrorism insurance under the policy, then: prescribed by Treasury and will be due under consideration. (i) If the insurer estimates that the portion of the premium amount charged according to the following schedule: (b) Treasury will provide reasonable for coverage other than property and (1) For each month beginning in the advance notice to insurers of any initial casualty insurance is de minimis to the first month of the assessment period Federal Terrorism Policy Surcharge total premium for the policy, the insurer through November, the last business day effective date. This effective date shall may impose and collect from the of the calendar month following the be January 1, unless such date would policyholder a Surcharge amount based month for which premium is reported, not provide for sufficient notice of on the total premium for the policy, but and implementation while meeting the (ii) If the insurer estimates that the (2) March 1 for the calendar year. collection timing requirements of portion of the premium amount charged (b) The monthly statements provided section 103(e)(7)(E) of the Act. for coverage other than property and to Treasury will include the following: (c) Treasury will provide reasonable casualty insurance is not de minimis, (1) Cumulative calendar year direct written premium adjusted for premium advance notice to insurers of any the insurer shall impose and collect not subject to the Federal Terrorism modification or cessation of the Federal from the policyholder a Surcharge Policy Surcharge, summarized by policy Terrorism Policy Surcharge. amount based on a reasonable estimate (d) Treasury will provide notification year. of the premium amount for the property (2) The aggregate Federal Terrorism to insurers annually as to the and casualty insurance coverage under continuation of the Federal Terrorism Policy Surcharge amount calculated by the policy. applying the established Surcharge Policy Surcharge. (3) The Federal Terrorism Policy percentage to the insurer’s adjusted § 50.74 Collecting the Surcharge. Surcharge is not considered premium. (d) A policyholder must pay the direct written premium by policy year. (3) Insurer certification of the (a) Insurers shall collect a Federal applicable Federal Terrorism Policy submission. Terrorism Policy Surcharge from Surcharge when due. The insurer shall policyholders as required by Treasury. (c) The annual statements to be have such rights and remedies to provided to Treasury will include the (b) Policies subject to the Federal enforce the collection of the Surcharge Terrorism Policy Surcharge are those for following: that are the equivalent to those that exist (1) Direct written premium as defined which direct written premium is under applicable state or other law for in § 50.5(g), adjusted for premium not reported on commercial lines of nonpayment of premium. subject to the Federal Terrorism Policy business on the NAIC’s Exhibit of (e) When an insurer returns an Surcharge, summarized by policy year Premiums and Losses of the NAIC unearned premium, or otherwise and by commercial line of insurance as Annual Statement (commonly known as refunds premium to a policyholder, it specified in § 50.5(u). Statutory Page 14) as provided in shall also return any Federal Terrorism (2) The aggregate Federal Terrorism § 50.5(u)(1), or equivalently reported. Policy Surcharge collected that is Policy Surcharge amount calculated by (c) For policies subject to the Federal attributable to the refunded premium. applying the established Surcharge Terrorism Policy Surcharge, the Notwithstanding this paragraph, if the percentage to the insurer’s adjusted Surcharge shall be imposed and written premium for a policy is revised direct written premium by policy year. collected on a written premium basis for and refunded after the end of the (3) In the case of an insurer that has policies that incept or renew during the reporting period described in § 50.75(e), chosen not to collect the Federal assessment period. All new, renewal, then the insurer is not required to Terrorism Policy Surcharge from its mid-term, and audit premiums for a refund any Surcharge that is attributable policyholders as provided in § 50.74(f), policy term are subject to the Surcharge to the refunded premium. a certification that the expense of in effect on the policy term effective (f) Notwithstanding paragraphs (a), collecting the Surcharge during the date. Notwithstanding this paragraph, if (b), and (c) of this section, if the expense assessment period would have exceeded the premium for a policy term that of collecting the Federal Terrorism the amount of the Surcharges collected would otherwise be subject to the Policy Surcharge from all policyholders over the assessment period. Surcharge is revised after the end of the of an insurer during an assessment (4) Insurer certification of the reporting period described in § 50.75(e), period exceeds the amount of the submission. then any additional premium Surcharges anticipated to be collected, (d) The calculated aggregate Federal attributable to such revision is not such insurer may satisfy its obligation to Terrorism Policy Surcharge amount, as

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described in paragraphs (b)(2) and (c)(2) section 103(e) of the Act, as amended by 103(e)(3) stated that Congress would of this section, shall be remitted to the Reauthorization Act, for capping the determine the procedures for and the Treasury upon submission of each annual liability for insured losses at source of any payments for insured monthly and annual statement. Through $100 billion. In particular, the rule losses in excess of the cap. This was its submitted statements, an insurer describes how Treasury intends to deleted. Instead, this section now obtains credit for a refund of any determine the pro rata share of insured requires the Secretary of the Treasury to Federal Terrorism Policy Surcharge losses under the Program when insured notify Congress not later than 15 days previously remitted to Treasury that was losses would otherwise exceed the cap after the date of an act of terrorism as subsequently returned by the insurer to on annual liability. The rule builds to whether aggregate insured losses are a policyholder as attributable to upon previous rules issued by Treasury. estimated to exceed the cap. TRIA, as refunded premium under § 50.74(e). A DATES: This rule is effective January 13, amended by the Reauthorization Act, negative calculated amount in a 2010. also requires the Secretary to determine monthly or annual statement indicates FOR FURTHER INFORMATION CONTACT: the pro rata share of insured losses to payment from Treasury is due to the Howard Leikin, Deputy Director, be paid by each insurer incurring losses insurer. Terrorism Risk Insurance Program, (202) under the Program and that meets its (e) Reporting shall continue for the deductible when insured losses exceed 622–6770 (not a toll-free number). one-year period following the end of the the cap, and to issue regulations for assessment period established by SUPPLEMENTARY INFORMATION: carrying this out. Treasury, unless otherwise permitted by I. Background II. Previous Rulemaking Treasury. The Terrorism Risk Insurance Act of To assist insurers, policyholders, and § 50.76 Insurer responsibility. 2002 (Pub. L. 107–297, 116 Stat. 2322) other interested parties in complying For purposes of the collection, was enacted on November 26, 2002. The with immediately applicable reporting and remittance of Federal Act was effective immediately. The requirements of the Act, Treasury has Terrorism Policy Surcharges to Act’s purposes are to address market issued interim guidance for reference Treasury, an ‘‘insurer,’’ as defined in disruptions, ensure the continued until issuance of superseding regulation. § 50.5(l), shall not include any affiliate widespread availability and Rules establishing general provisions of the insurer. affordability of commercial property implementing the Program, including and casualty insurance for terrorism Dated: December 3, 2009. key definitions, and requirements for risk, and allow for a transition period policy disclosures and mandatory Michael S. Barr, for the private markets to stabilize and Assistant Secretary (Financial Institutions). availability, can be found in Subparts A, build capacity while preserving state B, and C of 31 CFR Part 50. Treasury’s [FR Doc. E9–29613 Filed 12–11–09; 8:45 am] insurance regulation and consumer rules applying provisions of the Act to BILLING CODE 4810–25–P protections. State residual market insurance entities Title I of the Act establishes a and State workers’ compensation funds temporary federal program of shared DEPARTMENT OF THE TREASURY are at Subpart D of 31 CFR Part 50. public and private compensation for Rules setting forth procedures for filing 31 CFR Part 50 insured commercial property and claims for payment of the Federal share casualty losses resulting from an act of of compensation for insured losses are RIN 1505–AB92 terrorism. The Act authorizes Treasury at Subpart F of 31 CFR Part 50. Subpart to administer and implement the G of 31 CFR Part 50 contains rules on Terrorism Risk Insurance Program; Program, including the issuance of audit and recordkeeping requirements Cap on Annual Liability regulations and procedures. The for insurers, while Subpart I of 31 CFR AGENCY: Departmental Offices, Treasury. Program provides a federal backstop for Part 50 contains Treasury’s rules ACTION: Final rule. insured losses from an act of terrorism. implementing the litigation Section 103(e) of the Act gives Treasury management provisions of section 107 SUMMARY: The Department of the authority to recoup federal payments of the Act. Treasury (‘‘Treasury’’) is issuing this made under the Program through final rule as part of its implementation policyholder surcharges. The Act also III. The Proposed Rule of Title I of the Terrorism Risk contains provisions designed to manage The proposed rule on which this final Insurance Act of 2002 (‘‘TRIA’’ or ‘‘the litigation arising from or relating to an rule is based was published in the Act’’), as amended by the Terrorism act of terrorism. Federal Register at 73 FR 56767 on Risk Insurance Program Reauthorization The Program originally was to expire September 30, 2008. The proposed rule Act of 2007 (‘‘Reauthorization Act’’). on December 31, 2005; however, on proposed to add a Subpart J to part 50, The Act established a temporary December 22, 2005, the Terrorism Risk which comprises Treasury’s regulations Terrorism Risk Insurance Program Insurance Extension Act of 2005 (Pub. implementing the Act. It also proposed (‘‘TRIP’’ or ‘‘Program’’) under which the L. 109–144, 119 Stat. 2660) was enacted, to amend § 50.53 of Subpart F. The Federal Government would share with which extended the Program through proposed rule described how Treasury commercial property and casualty December 31, 2007. On December 26, would initially estimate whether the cap insurers the risk of insured losses from 2007, the Terrorism Risk Insurance will be exceeded, the means by which certified acts of terrorism. The Program Reauthorization Act of 2007 Treasury would develop and maintain Reauthorization Act has now extended (Pub. L. 110–160, 121 Stat. 1839) was estimates for determining the pro rata the Program until December 31, 2014. enacted, extending the Program through share of insured losses to be paid, the This rule was published in proposed December 31, 2014. factors that would be considered in form on September 30, 2008, for public The Reauthorization Act, among other determining a pro rata percentage of the comment. Some clarifying changes have Program changes, revised the provisions insured losses that are to be paid in been made in the final rule in response of the Act with regard to the cap on order to stay within the cap, and the to comments. The rule incorporates and annual liability for insured losses of application of the pro rata percentage in implements statutory requirements in $100 billion. Previously, section paying insured losses.

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IV. Summary of Comments and Final ‘‘Act of terrorism’’ is a defined terrorism in the same Program Year, Rule statutory term. Under Section 102(1)(A), later refinements to the proration will an ‘‘act of terrorism’’ is any act which allow additional payments to Treasury is now issuing this final rule is certified by the Secretary, in policyholders for prior settled losses. after careful consideration of all concurrence with the Secretary of State During a Program Year, until events comments received on the proposed and the Attorney General of the United have transpired that lead Treasury to rule. While this final rule largely reflects States, to meet certain specified believe that the cap could be reached, it the proposed rule, Treasury has made elements. Without certification, an act is our intention that no proration would several clarifications based on the does not meet the definition of an ‘‘act be established. comments received. of terrorism.’’ The final rule includes a definition of Treasury received comments on the Treasury believes that the most ‘‘pro rata loss percentage’’ (‘‘PRLP’’). proposed rule from two national reasonable interpretation of the second This is the percentage determined by insurance industry trade associations, a sentence of Section 103(e)(3) is that the the Secretary to be applied against the national insurance rating and data initial notice must be provided to amount that would otherwise be paid by collection bureau, and one insurance Congress not later than 15 days after an insurer under the terms and company. Commenters generally noted certification of an act of terrorism. There conditions of an insurance policy that the approach to the administration is no limitation under Section 102(1) on providing property and casualty of the cap is appropriate and efficient the time the Secretary may take to insurance under the Program if there under the circumstances. Although certify, or determine not to certify, an were no cap on annual liability. An Treasury invited the submission of act as an act of terrorism. That time insurer would apply the PRLP to alternatives to the proposed process for could in many circumstances be more compute the pro rata share of insured prorating insured losses when aggregate than 15 days after the act. In addition, losses to be paid under an insurance insured losses exceed the cap on annual as noted in the preamble to the policy. liability, no other alternatives were proposed rule, there may be significant The final rule provides that if submitted. In response to specific challenges involved in obtaining data Treasury estimates that insured losses comments, Treasury has refined and for an estimate of aggregate insured may exceed the cap on annual liability clarified provisions in three areas: (1) losses even within the 15 days following for a Program Year, then Treasury will Claims payments to be made the certification of an act of terrorism. determine an initial PRLP and an immediately after an act of terrorism This interpretation is also consistent effective date for that PRLP. This that is likely to exceed the cap on with the Procedural Order entered by percentage applies in determining annual liability, but where specific pro the Judicial Panel on Multidistrict insured loss payments for insured losses rata amounts cannot yet be determined, Litigation concerning the 90-day period incurred during the subject Program (2) which insured losses will be affected in Section 107(a)(4) of the Act, which Year, starting with the effective date by a pro rata determination, and (3) the requires a designation by the Panel ‘‘not until Treasury determines a revised prorating of insured losses where an later than 90 days after the occurrence PRLP. Considerations in establishing the insurer has not yet met its insurer of an act of terrorism.’’ The order notes PRLP are: (1) Estimates of insured losses deductible. The comments received and the definition of an ‘‘act of terrorism’’ from insurance industry statistical Treasury’s revisions to the proposed and accordingly provides that ‘‘the 90- organizations; (2) any data calls issued rule are summarized below. day period for the Panel to designate the by Treasury; (3) expected reliability and court or courts for litigation covered by accuracy of insured loss estimates and 1. Notice to Congress (§ 50.91) the Act begins on the date that the likelihood that insured loss estimates Treasury Secretary certifies an act of could increase; (4) estimates of insured Proposed § 50.91 stated, in part, that terrorism.’’ Procedural Order filed June losses and expenses not included in pursuant to Section 103(e)(3) of the Act, 1, 2004 is available at http:// available statistical reporting; and (5) the Secretary shall provide an initial www.treas.gov/offices/domestic- such other factors as the Secretary notice to Congress within 15 days of the finance/financial-institution/terrorism- considers important. Revisions to the certification of an act of terrorism, insurance/pdf/order.pdf. PRLP will be based on the same stating whether the Secretary estimates For the above reasons, Treasury is considerations, as needed. Notices of that aggregate insured losses will exceed adopting as the final rule § 50.91 as it the initial and any revised PRLP will be $100 billion for the Program Year. Two was proposed. provided through the Federal Register, commenters requested that Treasury or in another manner Treasury deems 2. Determination of Pro Rata Share change the language of proposed appropriate, based upon the (§ 50.92) § 50.91, in accordance with their circumstances of the act of terrorism reading of Section 103(e)(3), to require Under the Reauthorization Act, the under consideration. an initial notice to Congress within 15 Secretary shall not make any payment In the preamble to the proposed rule, days of the occurrence of an act of for any portion of the amount of Treasury expressed its concern that terrorism. aggregate insured losses that exceeds there could be circumstances where we Section 103(e)(3) of the Act requires $100 billion during any Program Year; estimate that the cap on annual liability the Secretary to notify the Congress if and no insurer that has met its will be exceeded, but there is not yet estimated or actual aggregate insured deductible shall be liable for the adequate knowledge of insured losses losses exceed $100 billion during a payment of any portion of the amount with which to determine a PRLP. Program Year. It further provides (as of such insured losses that exceeds $100 Allowing payments for early insured added by the Reauthorization Act) that billion. Generally, Treasury’s approach losses under the Program to continue ‘‘the Secretary shall provide an initial will be to establish any proration without proration appears to be notice to Congress not later than 15 days relatively conservatively when it is inequitable to those claimants with after the date of an act of terrorism, estimated that the cap will be reached, insured losses coming in later, for stating whether the Secretary estimates so that early payments are not which the pro rata share calculation that aggregate insured losses will exceed inequitably higher than later payments, would have to be that much more $100,000,000,000.’’ and so that, barring a subsequent act of severe. Treasury proposed that in such

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a circumstance it would call a brief consideration of the factors listed in determining whether an insured loss is hiatus in insurer loss payments of up to § 50.92(b). subject to proration. One commenter two weeks. During this time Treasury The more refined and expectedly noted that the types of claims generated would develop a PRLP as quickly as higher PRLP, as later determined, would by a terrorist event may not lend possible. During this hiatus, insurers be effective retroactively as of the themselves to signed settlement could still make payments, but with the effective date of the interim PRLP. Any agreements and therefore recommended understanding that the PRLP would be insured losses submitted in support of that the rule should refer to a ‘‘claim effective retroactively to the start of the an insurer’s claim for the Federal share paid’’ instead. The other commenter, hiatus. Any insured losses later of compensation would then be addressing the same concern, suggested submitted in support of an insurer’s reviewed for the insurer’s compliance that the rule refer to a ‘‘complete and claim for the Federal share of with pro rata payments in accordance final settlement’’ and a compensation would be reviewed for with the effective date of the interim ‘‘memorialization’’ of the settlement. compliance with the regulations PRLP, or as later replaced by the After consideration of these comments, pertaining to the pro rata share subsequent PRLP as appropriate. Thus, Treasury has modified the final rule to payments. an insurer would be able to make provide that an insurer ‘‘shall apply the One commenter commented that, additional payments and claims for the PRLP to determine the pro rata share of absent an agreement between Federal Federal share on insured losses each insured loss to be paid by the and State officials concerning the previously limited by the interim PRLP. insurer on all insured losses where there preemptive scope of the Reauthorization This alternative should provide us with is not an agreement on a complete and Act, State insurance departments and enough flexibility to quickly establish final settlement as evidenced by a labor commissions may seek to require proration, if necessary, in the aftermath signed settlement agreement or other the continuation of full benefits despite of an act of terrorism. means reviewable by a third party as of One commenter requested the hiatus. Insurers may have no option the effective date established by clarification as to how and when but to continue paying full benefits Treasury.’’ We believe that this allows policyholders are to be notified that which would place them at odds with reasonable flexibility for insurers benefits will be adjusted pursuant to the the compensation to be provided later settling claims before and after the PRLP. As provided in TRIP regulations under a retroactive PRLP. The effective date of a PRLP while requiring (§ 50.15(b)), as a condition for payments commenter suggested, as an alternative appropriate documentation that can be of the federal share of compensation for to the hiatus, establishing an initial reviewed during an audit. insured losses, an insurer must disclose One commenter also noted that it conservative PRLP which would be to the policyholder the existence of the appeared that the proposed rule would replaced by a higher PRLP determined cap on annual liability for losses, at the not allow ‘‘signed settlements’’ executed later. time of offer, purchase, and renewal of after an initial PRLP to be modified Treasury included a provision on a the policy. The timing and form of should the PRLP later increase. This hiatus in the proposed rule because we notification to the policyholder of the circumstance was addressed in believe that it is consistent with our adjustment, once Treasury has provided proposed § 50.95(a) which spoke to authority in the Reauthorization Act to public notice of its determination of a Treasury’s determination of a final PRLP implement our Program obligations. In PRLP, is up to the discretion and and ‘‘adjustments to previous insured developing the proposed rule, Treasury management of the insurer as guided by loss payments.’’ We anticipate that it is consulted with the National Association any pertinent State requirements. most likely that Treasury would only of Insurance Commissioners (NAIC), increase the PRLP once it is clear what 3. Application of Pro Rata Share and has not received any further a final proration should be. However, in (§ 50.93) comments from that group. In reviewing this comment we have considering the submitted comment, we In the proposed rule, Treasury determined that we can accommodate do see merit in providing some provided that the PRLP be applied by other increases in the PRLP should they flexibility in managing the insurers prospectively on individual be warranted prior to determining a circumstances that had prompted the insured losses that have not been settled final PRLP and allow payments on proposed hiatus and have made some as of the effective date of a PRLP. The ‘‘prior settlements’’ to be increased. This revisions to § 50.92(e) in the final rule. intention was that the process of will be accomplished by establishing First, we have added a provision stating proration would not retroactively the effective date of a higher PRLP that we would consult with the relevant require repayment of any claims already retroactively to an appropriate earlier state authorities before initiating action. legitimately made (or agreed to be paid) PRLP effective date, similar to the Second, while we have retained the to insureds for insured losses. The mechanism described above for the hiatus as a possible action, we have also impracticality of recovering payments interim PRLP that would facilitate added the possible alternative of already made has been generally initial partial claim payments by determining an interim PRLP. This recognized. insurers under § 50.92(e). This will separately defined term is an amount Proposed § 50.93 directed insurers to allow insurers to determine any determined without the availability of apply the PRLP to determine the pro additional payment amounts and allow information necessary for consideration rata share of each insured loss to be the submission of updated loss of all factors listed in § 50.92(b). All paid by the insurer on all insured losses information to Treasury for purposes of other provisions applicable to the PRLP where there is not a signed settlement as determining the Federal share of would apply to the interim PRLP. This of the effective date established by compensation to be reviewed under the would be a conservatively low Treasury for the PRLP. The same new PRLP criteria. percentage amount determined in order procedure would apply whether this In proposed § 50.93(a), Treasury to facilitate initial partial payments of was an initial PRLP or a subsequent provided that the pro rata share is claims by insurers after an act of PRLP that supersedes the prior determined based on the final claim terrorism and prior to the time that determination. settlement amount that would otherwise information becomes available to Two commenters raised concerns over be paid. If partial payments have determine a PRLP based on the use of a ‘‘signed settlement’’ in already been made as of the effective

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date of the PRLP, then the pro rata share Treasury has carefully reviewed this context of workers’ compensation for that loss is the greater of the amount comment along with the submitted policies in one particular situation. already paid or the amount computed example. In part, the disparity in the The same commenter also by applying the PRLP to the estimated example is due to the timing of claims recommended language for § 50.93(a) to or actual final claim settlement amount. with the establishment of a PRLP, a provide additional flexibility in One commenter recommended the circumstance that has generally been workers’ compensation cases for inclusion of words at the end of the noted as possibly producing disparities handling partial payments versus the subsection, for consistency and clarity, in all lines of business, not just workers’ final claim settlement amount. Under reinforcing that the PRLP is being compensation. We note that the the commenter’s assumption that applied to the final claim settlement disparity in pro rata portions of proration and the computation of the amount ‘‘that would otherwise be paid.’’ payments in the example was Federal share of compensation would be The final rule has been revised to exacerbated by the manner in which the computed at the claimant level, the include this. Treasury noted in the PRLP was applied at the claimant level. commenter provided examples where preamble to the proposed rule that some Application of the proration at the an injured worker either had a shorter insured losses, such as those associated claimant level can be carried out in life or returned to work sooner than with workers’ compensation or business ways that are consistent with the rule, anticipated in the estimates of final interruption, may involve ongoing but can reduce or exacerbate disparities. claim settlement amount. Thus applying regular payments. In these cases, the After considering this comment in the the PRLP to the actual final claim proration would still be determined context of other authority and control settlement amount produced a lower based on the final claim settlement concerns, Treasury has concluded that pro rata amount than the amount of amount that would otherwise be paid. the proposed application of the PRLP to partial payments already made, which In the claims procedures regulations workers’ compensation claims, were based on the expectation of a (Subpart F) and in the forms for insurer controlled by Treasury at the policy higher final claim settlement amount. submissions for the Federal share of level as described in the notice of An insurer therefore might not be fully compensation that Treasury has already proposed rulemaking, will be adopted compensated in the computation of the promulgated, workers’ compensation in the final rule for the following Federal share because it is based on losses are required to be substantiated at reasons. applying the PRLP to the lower actual the policy level. That is to say, When establishing the claims process final settlement amount. However, in the provided examples where payments underlying loss information on the for TRIP, it was generally recognized bordereaux and reviewed by Treasury in to an injured worker continued longer that creating a system under which determining the Federal share is than anticipated in the estimates, detailed reporting of insured losses submitted in aggregate by policy/ applying the PRLP to the actual final would be required at the claimant level employer rather than individual claim settlement amount fully went beyond what is necessary for claimant/employee. In the proposed compensated the insurer. The Treasury to fulfill its program rule, Treasury proposed to continue that commenter recommended modifying obligations as a ‘‘reinsurer’’. We believe scheme. The application of the PRLP to the proposed rule to provide that in that this is still fundamentally the right determine the pro rata share would be cases where the estimated or actual approach and do not want to require a against the estimated or actual settlement amount is lower than a prior more detailed reporting structure for all unprorated loss amounts by policy estimate, then ‘‘the pro rata share of that (broken down by medical only, medical acts of terrorism because of the loss is the greater of the amount already portion of indemnity, and indemnity contingency that there might be a paid or the amount computed by portion of indemnity), following the requirement to cap annual losses. Nor applying the PRLP to the estimated or way loss information has been required do we want to develop a system with actual final claim settlement amount.’’ to be reported as part of the TRIP two different levels of reporting The issue presented is another reason Certifications of Loss. Despite this dependent on whether annual losses are why Treasury believes that the better calculation of the pro rata share at the to be capped or not. way to compute and control the pro rata policy level for purposes of reporting to There is some flexibility in how an share of losses under a workers’ Treasury, Treasury noted its expectation employer (the policyholder) and the compensation policy for purposes of that insurers would prorate payments insurer decide to manage payment determining the Federal share of made to individual claimants. streams. This includes how and when compensation is at the policy level. For One commenter suggested that for insurance payments to claimants are a workers’ compensation policy, in all workers’ compensation losses, the PRLP continued at a reduced level, or stopped likelihood the final claim settlement should be applied and controlled by after limits are reached. We expect amount to which the PRLP is applied Treasury at the claimant level rather proration to be done in some manner at will remain an estimated amount for than at the policy level. The comment the claimant level, but the detail as to quite some time. As noted by the also made note that workers’ exactly how that is done may depend on commenter, the fluctuation of the actual compensation losses could involve other factors and authorities that are not settlement amount from the estimated ‘‘hundreds or thousands of claimants superseded by this rule. amount at the claimant level could be from the same event at the same Treasury’s interest is in managing the significant. location.’’ The commenter also supplied proration due to the cap on annual Treasury anticipates the estimate at an example of a scenario where the losses in such a way that makes sense the policy level would be a much more proration on a policy basis was carried as a ‘‘reinsurer’’. We continue to believe stable amount, taking into account that out in such a way that the pro rata that this is best accomplished by some actual payments to individual portion of the payment that otherwise controlling the application of proration claimants may be less than the expected would have been made to one claimant at the policy level. However, as amounts while others may be greater. (58 percent) was significantly different discussed below, we have provided for However, we do understand how even than the pro rata portion of payment for the possibility of some adjustments in at the policy level, where perhaps a another claimant (92 percent) under the the calculation of the Federal share of policy is covering a small number of same policy. compensation for insured losses in the employees, that a circumstance such as

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actual mortality differing from original had originally estimated that it would PRLP, where the insurer estimates that assumptions could produce an exceed its deductible while applying the application of such other pro rata unexpectedly large reduction in the PRLP to its insured losses. amount will result in it not exceeding estimated loss after payments have Two comments were submitted its insurer deductible.’’ The insurer is already been made. The final rule has regarding this provision of the proposed still liable for loss payments that in the been modified by adding a provision in rule. One commenter urged Treasury to aggregate bring the insurer’s total § 50.93(c) allowing a workers’ require that the PRLP be used by all insured loss payments up to an amount compensation insurer to submit for insurers until loss estimates clearly equal to the lesser of its insured losses review information justifying an demonstrate that an insurer will not without proration or its insurer appropriate adjustment in the reach its deductible. The commenter’s deductible. calculation of the Federal share of concern was that an insurer might 4. Data Call Authority (§ 50.94) compensation. attempt to gain a competitive advantage A commenter noted the assumption in attracting or retaining business by Treasury proposed in § 50.94 of the that concerned insurance trade underestimating losses to be within the proposed rule that it may issue a data associations would work with Treasury insurer deductible and thus making call to insurers for the submission of to address the issue of what happens if higher loss payments by not applying insured loss information. We explained an employer is unable to rely on its the otherwise required PRLP. that we anticipate requesting summary workers’ compensation insurance for A second commenter recommended level information on insured losses and full payment of an injured worker’s that insurers be allowed to request insurer deductible information. Such a claim. No other comments specific to Treasury approval of an individual collection of data may be necessary not this issue have been submitted. This is insurer PRLP that is greater than the only for the purposes of the cap on not an issue addressed under the Act. published PRLP so that an insurer can annual liability, but also with regard to In the notice of proposed rulemaking, more quickly make payments that potential recoupment. Treasury further Treasury noted that in examining our approach its insurer deductible amount. explained that we intend, to the extent authorities as stipulated in the The commenter’s concern was that the possible, to rely on existing industry Reauthorization Act, the conclusion was proposed rule appeared to allow only statistical reporting mechanisms in reached that we cannot provide for pro two choices: applying the PRLP with a making initial estimates. However, in rata sharing of insured losses in such a delayed truing up with policyholders at order to estimate whether the cap on way that an insurer’s liability would be a later date when Treasury has annual liability will be reached and limited when it has not met its determined the final PRLP, or making determine an initial or subsequent deductible. Thus, proposed § 50.93 unprorated payments to policyholders PRLP, it may be necessary to have more provided that if an insurer has not yet and possibly exceeding their insurer timely detail regarding insurer made payments in excess of its insurer deductible without being eligible for a deductibles and reserves for insured deductible, but estimates that it will Federal sharing of losses above the losses from lines of business not exceed its deductible by making deductible. normally included in existing industry payments based on the application of These two comments conflict with reporting. the PRLP, then that insurer shall apply one another. Treasury’s intention with Two entities provided comments the PRLP as of the effective date of the § 50.93(c) of the proposed rule was to regarding the data call authority. Both PRLP. If an insurer has not yet made allow an insurer, that already knows recognized the appropriateness of payments in excess of its insurer that it will not meet its insurer Treasury collecting insurer loss data in deductible, but estimates that it will not deductible by applying the PRLP to its order to meet Program obligations. exceed its deductible by making insured losses, to expeditiously meet its One commenter noted that proposed payments based on the application of obligations to its policyholders. The § 50.91 stated that the initial reporting the PRLP, then that insurer may make onus for estimating its losses relative to obligation to Congress would be met payments on the same basis as prior to its insurer deductible and the based on loss information ‘‘compiled by the effective date of the PRLP. In this consequence for overpaying losses that insurance industry statistical latter circumstance, the decision to should have been prorated, was placed organizations and any other information prorate as of the effective date of the on the insurer who, as opposed to the Secretary in his or her discretion PRLP would be up to the insurer. If the Treasury, would have the most up to considers appropriate.’’ Further, insurer prorates and does not exceed its date information. On balance, Treasury Treasury indicated in the description of deductible, then it would be liable for believes that the objective of expediting this section of the proposed rule that a additional, retroactive loss payments complete payment of insured losses data call may not be timely enough to that in the aggregate bring the insurer’s overrides the concern that an insurer meet the reporting obligation. The total insured loss payments up to an might overpay to gain a competitive commenter stated that Treasury should amount equal to the lesser of its insured advantage. Any such overpayment will consider adding clarifying language to losses without proration or its insurer not affect the Federal share of § 50.94 reflecting this view. We reiterate deductible. If the insurer does not compensation. Treasury believes that that our intention is to meet the initial prorate, but does exceed its deductible, additional flexibility can be provided in reporting obligation through data then it would apply the PRLP to its the rule without requiring Treasury obtained from statistical organizations remaining insured losses once it makes approval of individual insurer PRLP’s. and other sources of general loss payments equal to its insurer The final rule has been modified to information. However, we do not wish deductible. Once an insurer exceeds its allow an insurer that has not yet made to unnecessarily restrict the use of a deductible and submits a claim for the payments in excess of its insurer data call if that became the only way for Federal share of compensation, deductible and that estimates it will not us to meet our statutory reporting however, Treasury’s review of eligible exceed its deductible making payments obligation. Therefore, § 50.94 of the final payments associated with the based on the application of the PRLP, to rule has not been revised. underlying losses and calculations for make payments ‘‘on the basis of Both commenters asserted that data the Federal share would be based on the applying some other pro rata amount it requested be ‘‘relevant and accessible’’ application of the PRLP as if the insurer determines that is greater than the and that the request should minimize

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disruptions to insurer claims handling hiatus interacts with State prompt $100 billion. Further, the Act requires during a catastrophic event. One payment laws; the extent to which a the Secretary to determine the pro rata commenter further urged that Treasury State regulator may modify the share of insured losses to be paid by ‘‘continue this current rulemaking, and procedures in the regulations; and the each insurer and to issue regulations for determine and define what data they extent to which a State regulator may determining the pro rata share of will need.’’ require that a preference be applied to insured losses under the Program. If In the Notice of Proposed the full payment of certain lines, claims, there is no act of terrorism, or there are Rulemaking, Treasury provided or insureds. insured losses cumulatively less than estimates of burden hours to comply Section 106(a) of the Act provides $100 billion (a level that is more than with data requests as well as specific generally that nothing in the Act shall three times the amount reported by the data elements for summary level loss affect the jurisdiction or regulatory insurance industry for the World Trade information that is contemplated under authority of the insurance commissioner Center), this regulation has no economic a data call. This included initial (or any agency or office performing like impact. Should the legislatively information requested in the immediate functions) of any State over any insurer mandated cap on annual losses be aftermath of an act of terrorism as well or other person except as specifically triggered, proration is carried out as further information that might be provided in the Act. Section 103(a)(2) of through existing insurer and requested as claims processes the Act provides that notwithstanding policyholder processes for claiming, progressed. As part of the Paperwork any other provision of State or Federal adjusting and settling insured losses. Reduction Act requirements for this law, the Secretary shall administer the Moreover, for any affected commercial rulemaking, comments on the collection Program, and shall pay the Federal property and casualty insurers of information in the proposed rule share of compensation for insured losses (including those that might be small were solicited for submission to the in accordance with subsection (e). entities), there is a favorable economic Office of Management and Budget Section 103(e)(2) requires Treasury to impact because the rule implements the (OMB) with a 60-day comment period. issue regulations for determining the statutory limitation on an insurer’s No comments were submitted. pro rata share of insured losses under liability. Treasury did not receive any In past development of information the Program when insured losses exceed comments at the proposed rule stage collection requirements associated with $100 billion. relating to the rule’s impact on small the Terrorism Risk Insurance Program, Treasury consulted with the National entities. Accordingly, a regulatory Treasury has benefited from both the Association of Insurance Commissioners flexibility analysis is not required. formal processes and informal contacts (NAIC) early in the process of Paperwork Reduction Act. The with members of the insurance industry. formulating the proposed rule. If collection of information contained in We will continue both of these types of specific issues are raised in the future, this final rule has been approved by the efforts in further development of the Treasury will consider issuing further OMB under the requirements of the data call requirements. guidance as appropriate. Paperwork Reduction Act, 44 U.S.C. Concerning the data calls V. Procedural Requirements 3507(d), and has been assigned control contemplated by proposed § 50.94, one number 1505–0208. Under the commenter requested that Treasury Executive Order 12866, ‘‘Regulatory Paperwork Reduction Act, an agency recognize that the claims data should be Planning and Review’’. This rule is a may not conduct or sponsor, and an considered proprietary information of significant regulatory action for individual is not required to respond to, the submitting insurers and suggested purposes of Executive Order 12866, a collection of information unless it that provisions be added to the ‘‘Regulatory Planning and Review,’’ and displays a valid OMB control number. regulation similar to what was included has been reviewed by the OMB. Executive Order 13132, ‘‘Federalism.’’ in ‘‘The Insurance Information Act of Regulatory Flexibility Act. Pursuant to The rule may have federalism 2008’’, which was introduced in, but not the Regulatory Flexibility Act, 5 U.S.C. implications to the extent it deals with passed by the 110th Congress. 601 et seq., it is hereby certified that this the making of payments by insurers to The Program does not intend to make rule will not have a significant their policyholders under contracts of insurer-specific data public. The economic impact on a substantial insurance, which is ordinarily regulated regulation does not override other law number of small entities. TRIA requires under State insurance law. However, that would otherwise be applicable. Any all insurers that receive direct earned TRIA established a temporary Federal information submitted to Treasury premiums for commercial property and program that is national in scope and would be subject to the Freedom of casualty insurance to participate in the significance. Section 106 of TRIA Information Act (FOIA). Treasury would Program. The Act also defines ‘‘property preserves the jurisdiction or regulatory handle any request for information that and casualty insurance’’ to mean authority of State insurance has been submitted by an insurer in commercial lines, with certain specific commissioners or similar offices, except response to a data call in accordance exclusions. Insurers affected by these as specifically provided in TRIA. with Treasury’s FOIA regulations at 31 regulations tend to be large businesses, Section 103(e)(2) requires Treasury to CFR Part 1. This would include therefore Treasury has determined that issue regulations for determining the consideration of the applicability of the rule will not affect a substantial pro rata share of insured losses under FOIA exemptions, including those number of small entities. In addition, the Program when insured losses exceed applicable to commercially or the Department has determined that any $100 billion. financially sensitive information. economic impact will not be significant. Treasury consulted with the NAIC Under the Act, Treasury shall not make early in the process of formulating the 5. Other Comments any payment for any portion of the proposed rule. State insurance One commenter raised the general amount of annual aggregate insured commissioners who are members of the topic of the interaction of the losses that exceed $100 billion and no NAIC Terrorism Insurance Working regulations with State law, and insurer that has met its insurer Group were given an opportunity to suggested that guidance on certain deductible is liable for the payment of submit comments, and a few minor and issues would be helpful to insurers. The any portion of the amount of annual technical comments were received and issues noted were: How the payment aggregate insured losses that exceeds considered by Treasury. No further

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comments were received on the SUBPART J—CAP ON ANNUAL LIABILITY Program Year, as specified in § 50.93, proposed rule. Sec. from the effective date of the PRLP, as The provision in the rule (§ 50.92(e)) 50.90 Cap on annual liability. established by Treasury, until such time where Treasury would call for a hiatus 50.91 Notice to Congress. as Treasury provides notice that the in payments by insurers in 50.92 Determination of pro rata share. PRLP is revised. Treasury will circumstances where the cap on annual 50.93 Application of pro rata share. determine the PRLP based on the 50.94 Data call authority. following considerations: liability may be exceeded, but an 50.95 Final amount. appropriate PRLP cannot yet be (1) Estimates of insured losses from determined, could potentially conflict SUBPART J—CAP ON ANNUAL insurance industry statistical with State insurance laws prescribing LIABILITY organizations; fixed periods for insurers to pay claims. (2) Any data calls issued by Treasury However, Treasury believes the impact § 50.90 Cap on annual liability. (see § 50.94); is limited in the rule because the period Pursuant to Section 103 of the Act, if (3) Expected reliability and accuracy of the hiatus is brief (up to two weeks), the aggregate insured losses exceed of insured loss estimates and likelihood and it would apply shortly after an act $100,000,000,000 during any Program that insured loss estimates could of terrorism occurs. Treasury concluded Year: increase; that a brief hiatus may be necessary to (a) The Secretary shall not make any (4) Estimates of insured losses and carry out the purpose of the statute to payment for any portion of the amount expenses not included in available establish shares of insured losses on a of such losses that exceeds statistical reporting; (5) Such other factors as the Secretary pro rata basis by avoiding the inequity $100,000,000,000; (b) No insurer that has met its insurer considers important. of allowing early claims to be paid in (c) Treasury shall provide notice of full before a PRLP can be determined. deductible shall be liable for the payment of any portion of the amount the determination of the PRLP through As noted above in response to a publication in the Federal Register, or comment on the proposed rule, of such losses that exceeds $100,000,000,000; and in another manner Treasury deems Treasury has modified the final rule to appropriate, based upon the include the second option of an interim (c) The Secretary shall determine the pro rata share of insured losses to be circumstances of the act of terrorism PRLP to address the circumstance where under consideration. information necessary for consideration paid by each insurer that incurs insured losses under the Program. (d) As appropriate, Treasury will of all factors listed in § 50.92(b) is determine any revision to a PRLP based unavailable. The final rule also provides § 50.91 Notice to Congress. on the same considerations listed in that Treasury will consult with relevant Pursuant to section 103(e)(3) of the paragraph (b) of this section, and will state authorities before a course of Act, the Secretary shall provide an provide notice for its application to action is selected. These added initial notice to Congress within 15 days insured loss payments. provisions further mitigate the of the certification of an act of terrorism, (e) If Treasury estimates based on an federalism implications. stating whether the Secretary estimates initial act of terrorism or subsequent act List of Subjects in 31 CFR Part 50 that aggregate insured losses will exceed of terrorism within a Program Year that $100,000,000,000 for the Program Year aggregate insured losses may exceed the Terrorism risk insurance. in which the event occurs. Such initial cap on annual liability, but an Authority and Issuance estimate shall be based on insured loss appropriate PRLP cannot yet be amounts as compiled by insurance determined, Treasury will provide ■ For the reasons set forth above, 31 industry statistical organizations and notification advising insurers of this CFR Part 50 is amended as follows: any other information the Secretary in circumstance and, after consulting with his or her discretion considers the relevant State authorities, may PART 50—TERRORISM RISK appropriate. The Secretary shall also initiate the action described in either INSURANCE PROGRAM notify Congress if estimated or actual paragraph (e)(1) or (e)(2) of this section. (1) Call a hiatus in insurer loss ■ 1. The authority citation for part 50 aggregate insured losses exceed payments for insured losses of up to two continues to read as follows: $100,000,000,000 during any Program Year. weeks. In such a circumstance, Treasury Authority: 5 U.S.C. 301; 31 U.S.C. 321; will determine a PRLP as quickly as Title I, Pub. L. 107–297, 116 Stat. 2322, as § 50.92 Determination of pro rata share. possible. The PRLP, as later determined, amended by Pub. L. 109–144, 119 Stat. 2660 (a) Pro rata loss percentage (PRLP) is will be effective retroactively as of the and Pub. L. 110–160, 121 Stat. 1839 (15 the percentage determined by the U.S.C. 6701 note). start of the hiatus. Any insured losses Secretary to be applied by an insurer submitted in support of an insurer’s ■ 2. Section 50.53 is amended by adding against the amount that would claim for the Federal share of paragraph (b)(5) to read as follows: otherwise be paid by the insurer under compensation will be reviewed for the the terms and conditions of an insurer’s compliance with pro rata § 50.53 Loss certifications. insurance policy providing property and payments in accordance with the * * * * * casualty insurance under the Program if effective date of the PRLP. (b) * * * there were no cap on annual liability (2) Determine an interim PRLP. (i) An (5) A certification that if Treasury has under section 103(e)(2)(A) of the Act. interim PRLP is an amount determined determined a Pro rata Loss Percentage (b) Except as provided in paragraph without the availability of information (PRLP) (see § 50.92), the insurer has (e) of this section, if Treasury estimates necessary for consideration of all factors complied with applying the PRLP to that aggregate insured losses may listed in § 50.92(b). It is a conservatively insured loss payments, where required. exceed the cap on annual liability for a low percentage amount determined in * * * * * Program Year, then Treasury will order to facilitate initial partial claim determine a PRLP. The PRLP applies to payments by insurers after an act of ■ 3. Subpart J is added to read as insured loss payments by insurers for terrorism and prior to the time that follows: insured losses incurred in the subject information becomes available to

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determine a PRLP based on payments under a workers’ compensation, the amount of the consideration of the factors listed in compensation policy cumulatively insurer’s losses will be deemed to be the § 50.92(b). exceed the amount computed by amount it would have paid if it had (ii) In such a circumstance, Treasury applying the PRLP to the estimated or applied the PRLP as of the effective will determine a PRLP to replace the actual final claim settlement amount date, and the Federal share of interim PRLP as quickly as possible. that would otherwise be paid because compensation will be calculated on that The PRLP, as later determined, will be such estimated or actual final settlement amount. However, an insurer may effective retroactively as of the effective amount is reduced from a previous request an exception if it can date of the interim PRLP. Any insured estimate, then the insurer may request a demonstrate that its estimate was losses submitted in support of an review and adjustment by Treasury in invalidated as a result of insured losses insurer’s claim for the Federal share of the calculation of the Federal share of from a subsequent act of terrorism. compensation will be reviewed for the compensation. In requesting such a insurer’s compliance with pro rata review, the insurer must submit § 50.94 Data call authority. payments in accordance with the information to supplement its For the purpose of determining initial effective date of the interim PRLP, or as Certification of Loss demonstrating a or recalculated PRLPs, Treasury may later replaced by the PRLP as reasonable estimate invalidated by issue a data call to insurers for insured appropriate. unexpected conditions differing from loss information. Submission of data in prior assumptions including, but not response to a data call shall be on a form § 50.93 Application of pro rata share. limited to, an explanation and the basis promulgated by Treasury. An insurer shall apply the PRLP to for the prior assumptions. determine the pro rata share of each (d) If an insurer has not yet made § 50.95 Final amount. insured loss to be paid by the insurer on payments in excess of its insurer (a) Treasury shall determine if, as a all insured losses where there is not an deductible, the rules in this paragraph final proration, remaining insured loss agreement on a complete and final apply. payments, as well as adjustments to settlement as evidenced by a signed (1) If the insurer estimates that it will previous insured loss payments, can be settlement agreement or other means exceed its insurer deductible making made by insurers based on an adjusted reviewable by a third party as of the payments based on the application of PLRP, and aggregate insured losses still effective date established by Treasury. the PRLP to its insured losses, then the remain within the cap on annual Payments based on the application of insurer shall apply the PRLP as of the liability. In such a circumstance, the PRLP and determination of the pro effective date specified in § 50.92(b). Treasury will notify insurers as to the rata share satisfy the insurer’s liability (2)(i) If the insurer estimates that it final PRLP and its application to for payment under the Program. will not exceed its insurer deductible insured losses. Application of the PRLP and the making payments based on the (b) If paragraph (a) of this section determination of the pro rata share are application of the PRLP to its insured applies, Treasury may require, as part of the exclusive means for calculating the losses, then the insurer may make the insurer submission for the Federal amount of insured losses for Program payments on the same basis as prior to share of compensation for insured purposes. The pro rata share is subject the effective date of the PRLP. The losses, a supplementary explanation to the following: insurer may also make payments on the regarding how additional payments will (a) The pro rata share is determined basis of applying some other pro rata be provided on previously settled based on the estimated or actual final amount it determines that is greater than insured losses. claim settlement amount that would the PRLP, where the insurer estimates (c) An insurer that has prorated its otherwise be paid. that application of such other pro rata insured losses, but that has not met its (b) All policies. If partial payments amount will result in it not exceeding insurer deductible, remains liable for have already been made as of the its insurer deductible. The insurer loss payments that in the aggregate bring effective date of the PRLP, then the pro remains liable for losses in accordance the insurer’s total insured loss payments rata share for that loss is the greater of with § 50.95(c). up to an amount equal to the lesser of the amount already paid as of the (ii) If an insurer estimates that it will its insured losses without proration or effective date of the PRLP or the amount not exceed its insurer deductible and its insurer deductible. computed by applying the PRLP to the has made payments on the basis estimated or actual final claim provided in (2)(i), but thereafter reaches Dated: December 3, 2009. settlement amount that would otherwise its insurer deductible, then the insurer Michael S. Barr, be paid. shall apply the PRLP to any remaining Assistant Secretary (Financial Institutions). (c) Certain workers’ compensation insured losses. When such an insurer [FR Doc. E9–29614 Filed 12–11–09; 8:45 am] insurance policies. If an insurer’s submits a claim for the Federal share of BILLING CODE 4810–25–P

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Proposed Rules Federal Register Vol. 74, No. 238

Monday, December 14, 2009

This section of the FEDERAL REGISTER your comment. Once you submit your diabetes mellitus (DM) and require daily contains notices to the public of the proposed comment, the system will issue you a insulin. issuance of rules and regulations. The tracking number to confirm your If we publish these proposed rules as purpose of these notices is to give interested submission. You will not be able to final rules, we will also publish a Social persons an opportunity to participate in the view your comment immediately as we Security Ruling (SSR) that will provide rule making prior to the adoption of the final more detailed information about rules. must manually post each comment. It may take up to a week for your specific endocrine disorders, the types comment to be viewable. of impairments that result from SOCIAL SECURITY ADMINISTRATION 2. Fax: Fax comments to (410) 966– endocrine disorders, and how we will 2830. determine whether people who have 20 CFR Parts 404 and 416 3. Mail: Address your comments to endocrine disorders are disabled. [Docket No. SSA–2006–0114] the Commissioner of Social Security, Why did we decide to propose these P.O. Box 17703, Baltimore, Maryland revisions? RIN 0960–AD78 21235–7703. 4. Hand-delivery: Deliver your These proposed revisions reflect Revised Medical Criteria for Evaluating advances in medical knowledge about Endocrine Disorders comments to the Office of Regulations, Social Security Administration, 137 evaluating and treating endocrine disorders, as well as our adjudicative AGENCY: Social Security Administration. Altmeyer Building, 6401 Security experience. In developing these ACTION: Notice of proposed rulemaking. Boulevard, Baltimore, MD 21235–6401, between 8 a.m. and 4:30 p.m., Eastern proposed rules, we used information SUMMARY: We propose to revise the from a variety of sources, including: Time, business days. • criteria in the Listing of Impairments Medical experts in the field of Comments are available for public endocrinology, experts in other related (the listings) that we use to evaluate viewing on the Federal eRulemaking claims under titles II and XVI of the fields, advocacy groups for people with portal at http://www.regulations.gov or DM, and people with endocrine Social Security Act (Act) involving in person, during regular business endocrine disorders in adults and disorders and their families; hours, by arranging with the contact • People who make disability children. The proposed revisions reflect person identified below. advances in medical knowledge, determinations and decisions for us in FOR FURTHER INFORMATION CONTACT: information we received from medical Judy State agencies and in our Office of experts, comments we received from the Hicks, Office of Medical Listings Disability Adjudication and Review; Improvement, Social Security and public in response to an Advance Notice • of Proposed Rulemaking (ANPRM) and Administration, 6401 Security The published sources we list in the at an outreach policy conference, and Boulevard, Baltimore, Maryland 21235– References section at the end of this our adjudicative experience. 6401, (410) 965–1020. For information preamble. on eligibility or filing for benefits, call We received some of this information DATES: To ensure that your comments our national toll-free number, 1–800– from public comments that responded are considered, we must receive them 772–1213, or TTY 1–800–325–0778, or to an ANPRM that we published in the by no later than February 12, 2010. visit our Internet site, Social Security Federal Register on August 11, 2005. 70 ADDRESSES: You may submit comments Online, at http:// FR 46792. In the ANPRM, we by any one of four methods—Internet, www.socialsecurity.gov. announced our plans to update and fax, mail, or hand-delivery. Do not revise this body system, and we invited SUPPLEMENTARY INFORMATION: submit the same comments multiple interested people and organizations to times or by more than one method. Electronic Version send us written comments and Regardless of which method you suggestions. We also received public The electronic file of this document is choose, please state that your comments comments at an outreach policy available on the date of publication in refer to Docket No. SSA–2006–0114 so conference on ‘‘Endocrine Disorders in the Federal Register at http:// that we may associate your comments the Disability Programs’’ that we hosted www.gpoaccess.gov/fr/index.html. with the correct regulation. in Atlanta, GA on November 17, 2005.1 Caution: You should be careful to What revisions are we proposing? include in your comments only Why are we proposing these revisions? information that you wish to make We propose to: • We last published final rules making publicly available. We strongly urge you Revise and expand the introductory comprehensive revisions to the not to include in your comments any text to the endocrine body system for personal information, such as Social both adults (section 9.00) and children 1 Although we indicated in the ANPRM that we Security numbers or medical (section 109.00); would not summarize or respond to the comments, information. • Remove all of the current adult we read and considered them carefully. You can listings in the endocrine body system read the ANPRM and the comments and 1. Internet: We strongly recommend suggestions we received at: https://s044a90.ssa.gov this method for submitting your (listings 9.02–9.08); and /apps10/erm/rules.nsf/ comments. Visit the Federal • Remove all of the current childhood 5da82b031a6677dc85256b41006b7f8d/ eRulemaking portal at http:// listings in the endocrine body system 6c2a08af38f947cd8525705a006cddf9! OpenDocument. You can also read a transcript of www.regulations.gov. Use the Search (listings 109.02–109.13) and add a new the policy conference at the following link: function of the webpage to find docket listing 109.08 for children from birth to http://www.ssa.gov/disability/Transcript- number SSA–2006–0114, then submit the attainment of age 6 who have Endocrine_Disorder_Policy_Conference.pdf.

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endocrine listings on December 6, 1985. criterion for children who have listings in other body systems 50 FR 50068. In the preamble to those recurrent episodes of hypoglycemia, appropriate for these impairments. For rules, we indicated that we would reflect an earlier view that people with example, current listing 9.08C, for DM periodically review and update the wide fluctuations in their blood glucose with retinitis proliferans (a visual listings in light of medical advances in levels had uncontrollable DM. We disorder), cross-refers to listing 2.02, evaluating and treating endocrine consulted with endocrinologists, 2.03, or 2.04 in the special senses and disorders and our program experience. diabetologists, and other medical speech body system. Listing 9.08C is Since that time, however, we have experts who treat DM, and they redundant because we evaluate the generally only extended the effective indicated that the current listings reflect visual effects of retinitis proliferans date of the rules.2 only inadequate glucose regulation. The using listing 2.02, 2.03, or 2.04.4 We do When we originally published the information we obtained from these not need any of the reference listings for endocrine disorders listings, we experts and relevant medical references endocrine disorders and we propose to recognized that endocrine disorders demonstrates that adequate glucose remove them all. We have been could be of listing-level severity either regulation is achievable with improved removing reference listings from all of alone or because of their effects on other treatment options, such as a wider range the body systems as we revise them, and body systems. Since 1985, medical of insulin products. the changes we are proposing in this science has made significant advances For these reasons, we believe that, NPRM are consistent with that in detecting endocrine disorders at with one exception, we should no approach.5 earlier stages, and newer treatments longer have listings in sections 9.00 and We considered whether we could have resulted in better management of 109.00 based on endocrine disorders propose revised criteria for the these conditions. For example: alone, and we are proposing to remove endocrine disorder listings instead of • Pituitary gland disorders that all such current endocrine listings. The proposing to remove them all. We suppress the production of antidiuretic sole exception is for children under age decided not to propose such criteria for hormones (current adult listing 9.05 and 6 who have DM and require daily two reasons. First, because the effects of childhood listing 109.05) are now insulin. These children present a unique the impairments vary too widely, we treated with replacement vasopressin situation for which we are proposing a would not have been able to conclude (also called ‘‘antidiuretic hormone,’’ or new listing, as we explain below. that all people whose endocrine ADH), which prevents diuresis Many of the current listings in the disorders met one of the alternative (increased excretion of urine) and endocrine system are ‘‘reference listings we considered would be unable dehydration; listings’’—listings that are met by to perform any gainful activity, the • Modern tests for hyperfunction of satisfying the criteria of other listings. standard of severity we require for a the adrenal cortex are more sensitive Endocrine glands regulate the listing. Second, some of the alternative and accurate than the test required by functioning of organs and other glands, listings we considered were so severe current listing 109.06A, and provide and endocrine disorders can cause that people whose endocrine disorders better information for evaluating and problems that are of listing-level would have met those criteria would controlling the symptoms and severity and that meet the duration also have impairments that met listings complications associated with this requirement when they affect those in other body systems. Therefore, such disorder; and organs or other glands. We evaluate listings would have been unnecessary. • Hormone deficiencies that affect the these effects under other body system adrenal gland’s ability to produce listings.3 For example, DM can lead to: Why are we proposing to include cortisol and aldosterone (current adult • Growth impairment in children, guidance for evaluating endocrine listing 9.06 and childhood listings which we evaluate under the growth disorders in sections 9.00 and 109.00 109.07 and 109.11) are now treated with disorders listings in section 100.00; when there would be no endocrine replacement drugs that control adrenal • Amputations, which we evaluate disorders listings other than proposed gland disorders. under the musculoskeletal disorders listing 109.08? Because of advances in medical listings in sections 1.00 and 101.00; Each body system is organized in two • treatment and detection, most endocrine Visual disorders, which we evaluate parts: an introduction, followed by disorders do not reach listing-level under the special senses and speech specific listings. Sections 404.1525(c) severity because they do not become listings in sections 2.00 and 102.00; • and 416.925(c). In proposed section 9.00 sufficiently severe or do not remain at Cardiovascular disease, which we (the adult listings), however, we are a sufficient level of severity long enough evaluate under the cardiovascular providing only the introduction in order to meet our 12-month duration disorders listings in sections 4.00 and to explain how we evaluate endocrine requirement. This is true even for 104.00; • Kidney disease, which we evaluate people who have recurrent episodes of 4 There are currently five reference listings in the hypoglycemia or of diabetic acidosis under the genitourinary disorders endocrine system for adults and twelve reference (also called diabetic ketoacidosis, or listings in sections 6.00 and 106.00; listings in the endocrine system for children—9.02, • DKA), a serious outcome of Neuropathies, which we evaluate 9.03B, 9.04C, 9.06, 9.08C, 109.02B2, 109.04B, under the neurological disorders listings 109.05C, 109.08C, 109.08D, 109.09B, 109.09C, uncontrolled blood glucose levels. 109.09D, 109.09E, 109.10, 109.11C, and 109.13. Current listings 9.08B and 109.08A, in sections 11.00 and 111.00; and Eight of twelve childhood reference listings refer to • which provide criteria for people who Clinical depression, which we listing 100.002A or B in the growth disorders have recurrent episodes of DKA, and evaluate under the mental disorders listings, including listing 109.13, which refers to the criteria in ‘‘the appropriate body system.’’ Current listing 109.08B, which provides a listings in sections 12.00 and 112.00. The reference listings in sections 9.00 adult listing 9.08A, although not technically a reference listing, contains identical criterion for 2 We published revisions to specific listings on and 109.00 simply cross-refer to the peripheral neuropathy as in listing 11.14 in the July 2, 1993, August 24, 1999, and April 24, 2002. neurological body system. 58 FR 36008, 64 FR 46122, and 67 FR 20018. 3 Some endocrine cancers result in death because 5 Examples of such recent changes include the However, these revisions were not comprehensive. of their direct effects on endocrine glands. We ‘‘Revised Medical Criteria for Evaluating Digestive The current listings will no longer be effective as account for such impairments in the malignant Disorders,’’ 72 FR 59398 (October 19, 2007), and the of July 1, 2010, unless we extend them. 73 FR neoplastic diseases sections of our listings, sections ‘‘Revised Medical Criteria for Evaluating Immune 31025. 13.00 and 113.00. System Disorders,’’ 73 FR 14570 (March 18, 2008).

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disorders and the impairments they may Why are we not proposing a listing for Would our proposal to remove cause. We are not providing any specific children age 6 and older who have DM endocrine listings affect people who are listing criteria.6 and require daily insulin, and how will already receiving benefits based on We are proposing similar guidance in we evaluate children of any age with endocrine disorders? DM who do not require daily insulin? the introductory text of section 109.00 If these rules become final, we will in the childhood endocrine listings. We We are not proposing a listing for not terminate any person’s disability also provide guidance on how we would children age 6 and older who have DM benefits solely because we have evaluate disability claims for children and require daily insulin because many removed any endocrine disorder listing, whose DM does not meet proposed of these children do not have the same nor will we review prior allowances listing 109.08. We do not include medical need for adult help as younger based on the endocrine disorders guidance for evaluating the long-term children. Generally, children develop listings under the new rules. Unless we complications of DM related to chronic the cognitive awareness needed to are otherwise required to do so (for hyperglycemia, as we do for adults in recognize the symptoms of example, by statute), we do not proposed section 9.00B5, because such hypoglycemia and to seek help by age readjudicate previously decided cases complications are rare in children. 6. As they mature, they should also be when we revise our listings. We must As we explain in the proposed able to increasingly take part in self-care periodically conduct continuing sections 9.00C and 109.00D, endocrine- activities, such as: disability reviews to determine whether related impairments that do not meet or • Participating in blood glucose beneficiaries are still disabled. Sections medically equal any listing may testing; 404.1589 and 416.989. When we do, we nonetheless result in a finding of • Self-administering insulin; will not find that a person’s disability disability for both adults and children. • Interpreting blood glucose testing has ended based on a change in a We may find adults to be disabled based results; listing. In most cases, we must show on their residual functional capacity, • Determining proper dosages of that the person’s impairment(s) has age, education, and work experience. multiple types of insulin; medically improved and that any Sections 404.1520(g) and 416.920(g). We • Following special diets and medical improvement is ‘‘related to the may find children who apply for SSI schedules for snacks and meals; ability to work.’’ Sections 404.1594 and • benefits to be disabled based on Understanding the importance of 416.994. Even where the impairment(s) impairments that functionally equal the engaging in recommended physical has medically improved, our regulations listings. Sections 416.924(d) and activities; provide that the improvement is not • 416.926a. Managing adjustments of insulin ‘‘related to the ability to work’’ if it dosing and fluid intake in response to continues to meet or medically equal Why are we proposing new listing fluctuating glucose levels during acute 109.08 for children from birth to the the ‘‘same listing section used to make illness; and our most recent favorable decision.’’ attainment of age 6 who have DM and • Recognizing the importance of require daily insulin? This is true even if we have deleted the maintaining desirable glucose levels to listing section we used to make the most Careful monitoring of blood glucose prevent later complications. recent favorable decision. Sections levels is crucial to the health and Some of the children age 6 and older 404.1594(c)(3)(i) and survival of both adults and children who have DM and require daily insulin 416.994(b)(2)(iv)(A).7 When we find that with DM. Children under age 6 who will have impairments resulting from medical improvement is not related to have DM and require daily insulin to their DM that meet or medically equal the ability to work (or, in the case of a regulate glucose present a unique listings in other body systems. Others person under age 18, the impairment situation because they generally have will need the same level of help with still meets or medically equals the prior not developed adequate cognitive their DM as children under age 6. We listing), we will find that disability capacity for recognizing and responding will find that those children have continues, unless an exception to to hypoglycemic symptoms. To ensure impairments that functionally equal the medical improvement applies. the child’s survival, an adult must listings because they satisfy the What is our authority to make rules monitor and supervise the child’s functional equivalence example of a and set procedures for determining insulin, food intake, and physical requirement for 24-hour-a-day whether a person is disabled under the activity 24 hours a day to control the supervision for medical reasons. Other statutory definition? child’s blood glucose level. This degree children who do not need this level of of help satisfies the fifth example of help will nevertheless have Under the Act, we have full power functional equivalence in the last impairments that functionally equal the and authority to make rules and paragraph of our functional equivalence listings pursuant to our rules for regulations and to establish necessary regulation: the requirement for 24-hour- evaluating disability in children. and appropriate procedures to carry out a-day supervision of a child for medical Sections 416.926a and 416.924a. such provisions. Sections 205(a), reasons. Section 416.926a(m)(5). Since The same is true for DM in a child of 702(a)(5), and 1631(d)(1). listings are rules that we use to find any age (that is, from birth to age 18) How long would these proposed rules disability in all people whose who does not require daily insulin. We be effective? impairments meet their criteria, and will consider any impairment resulting since under functional equivalence from DM under the appropriate listing If we publish these proposed rules as example 5 all children under age 6 who criteria in any affected body system. If final rules, they will remain in effect for have DM and require daily insulin are the child’s impairment or combination 8 years after the date they become disabled, we believe it is simpler to of impairments does not meet or effective, unless we extend them, or provide a listing for these children. medically equal a listing in any body revise and issue them again. system, we will determine whether the 6 We are proposing minor changes in our impairment(s) functionally equals the 7 Our regulations contain a similar provision for regulations to reflect this change. Sections 404.1525 listings. Sections 416.924a and continuing disability reviews for children eligible and 416.925. 416.926a. for SSI based on disability. See § 416.994a(b)(2).

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Clarity of These Rules References Endocrine_ Disorder_Policy_Conference.pdf. Executive Order 12866 requires each We consulted the following references Sperling, Mark A., guest editor, ‘‘Diabetes agency to write all rules in plain when we developed these proposed Mellitus in Children,’’ Pediatric Clinics language. In addition to your rules: of North America, Vol. 52, No. 6, 1533– substantive comments on these Anderson, Barbara and Richard L. Rubin, 1872 (December 2005), available at: proposed rules, we invite your Practical Psychology for Diabetes http://www.mdconsult.com/das/article/ comments on how to make them easier Clinicians: Effective Techniques for Key body/94692077-4/ to understand. Behavioral Issues, 2nd Edition, McGraw- jorg=journal&source=& For example: Hill, New York (2003). sp=15876443&sid=0/N/505590/1.html? • Would more, but shorter, sections Becker, Dorothy J. and Christopher M. Ryan, issn=0031-3955&issue_id=17939. be better? ‘‘Hypoglycemia in Children with Type 1 Taras, Howard L., ‘‘The Role of the School • Are the requirements in the rules Diabetes Mellitus: Risk Factors, Nurse in Providing School Health clearly stated? Cognitive Function, and Management,’’ Services,’’ Committee on School Health, • Have we organized the material to Endocrinology and Metabolism Clinics, American Academy of Pediatrics, Vol. 28, Issue 4, 883–900 (December Pediatrics, Vol. 108, No. 5, 1231–1232 suit your needs? (November 2001), available at: http:// • Could we improve clarity by adding 1999), available at: http:// www.mdconsult.com/das/article/body/ aappolicy.aappublications.org/cgi/ tables, lists, or diagrams? • 94692077–2/jorg=journal reprint/pediatrics;108/5/1231.pdf. What else could we do to make the &source=&sp=11158267&sid=0/N/ rules easier to understand? We will make these references • 158829/1.html. Do the rules contain technical Cooke, David W. and Leslie Plotnick, available to you for inspection if you are language or jargon that is not clear? ‘‘Management of Diabetic Ketoacidosis in interested in reading them. Please make • Would a different format make the Children and Adolescents,’’ Pediatrics in arrangements with the contact person rules easier to understand, e.g. grouping Review, Pediatr. Rev. 2008; 29; 431–436, shown in this preamble if you would and order of sections, use of headings, available at: http://pedsinreview. like to review any reference materials. paragraphing? aappublications.org/cgi/content/full/29/ 12/431. (Catalog of Federal Domestic Program Nos. When Will We Start To Use These Cooke, David W. and Leslie Plotnick, ‘‘Type 96.001, Social Security—Disability Rules? 1 Diabetes Mellitus in Pediatrics,’’ Insurance; 96.002, Social Security— Retirement Insurance; 96.004, Social We will not use these rules until we Pediatrics in Review, Pediatr. Rev. 2008; 29; 374–385, available at: http:// Security—Survivors Insurance, and 96.006, evaluate public comments and publish pedsinreview.aappublications.org/cgi/ Supplemental Security Income) final rules in the Federal Register. All content/full/29/11/374. final rules we issue include an effective Cowell, Kristi M., ‘‘Focus on Diagnosis: Type List of Subjects date. We will continue to use our 2 Diabetes Mellitus,’’ Pediatrics in 20 CFR Part 404 current rules until that date. If we Review, Pediatr. Rev. 2008; 29; 289–292, publish final rules, we will include a available at: http:// Administrative practice and summary of those relevant comments pedsinreview.aappublications.org/cgi/ procedure; Blind, Disability benefits; we received along with responses and content/full/29/8/289. Old-age, Survivors, and Disability Feld, Stanley, ‘‘Medical Guidelines for the an explanation of how we will apply the Insurance; Reporting and recordkeeping Management of Diabetes Mellitus: The requirements; Social Security. new rules. AACE System of Intensive Diabetes Self Regulatory Procedures Management—2002 Update,’’ The 20 CFR Part 416 American Association of Clinical Executive Order 12866 Endocrinologists, Endocrine Practice, Administrative practice and Vol. 8, Supplement, (January/February Note to reviewers: This is a procedure; Blind; Disability benefits; 2002), available at: http:// Old age, Public assistance programs; placeholder while we await program www.gata.edu.tr/dahilibilimler/nefroloji/ estimates. We have consulted with the _ Reporting and recordkeeping dosyalar/diabetes 2002.pdf. requirements; Supplemental Security Office of Management and Budget Johns Hopkins Hospital, ‘‘Type 2 Diabetes (OMB) and determined that these Drug Boom: Is Newer Better?’’ The Johns Income (SSI). proposed rules meet the requirements Hopkins Medical Letter: Health After 50, Dated: September 10, 2009. for a significant regulatory action under Vol. 19, No. 6 (August 2007). Michael J. Astrue, Kasper, D., Endocrinology and Metabolism, Executive Order 12866 and were subject Commissioner of Social Security. to OMB review. Harrison’s Principles of Internal Medicine, 16th Edition, 2088–2299, For the reasons set out in the Regulatory Flexibility Act McGraw-Hill Professional, New York preamble, we propose to amend 20 CFR (2004). We certify that these proposed rules part 404 subpart P and part 416 subpart Kliegman, Robert M., Richard E. Behrman, I as set forth below: would not have a significant economic Hal B. Jensen, and Bonita F. Stanton, impact on a substantial number of small ‘‘The Endocrine System,’’ Nelson PART 404—FEDERAL OLD-AGE, entities because they affect only Textbook of Pediatrics, 18th Edition, WB SURVIVORS AND DISABILITY individuals. Therefore, a regulatory Saunders Co., Philadelphia, PA (2004). INSURANCE (1950– ) flexibility analysis is not required under Silverstein, Janet, et al., ‘‘Care of Children the Regulatory Flexibility Act, as and Adolescents with Type 1 Diabetes,’’ 1. The authority citation for subpart P amended. Diabetes Care, Vol. 28, No. 1, 186–212, American Diabetes Association, Inc., of part 404 continues to read as follows: Paperwork Reduction Act Alexandria, VA (January 2005), available Authority: Secs. 202, 205(a), (b), and (d)– These proposed rules do not create at: http://care.diabetesjournals.org/cgi/ (h), 216(i), 221(a) and (i), 222(c), 223, 225, reprint/28/1/186. and 702(a)(5) of the Social Security Act (42 any new or affect any existing Social Security Administration, ‘‘Endocrine U.S.C. 402, 405(a), (b), and (d)–(h), 416(i), collections and, therefore, do not Disorders in the Disability Programs.’’ 421(a) and (i), 422(c), 423, 425, and require Office of Management and Transcript of conference held in Atlanta, 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 Budget approval under the Paperwork GA, November 17, 2005, available at: Stat. 2105, 2189; sec. 202, Pub. L. 108–203, Reduction Act. http://www.ssa.gov/disability/Transcript- 118 Stat. 509 (42 U.S.C. 902 note).

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2. Amend § 404.1525 by revising functioning in other endocrine glands (NIDDM)—the body’s cells resist the paragraph (c)(1) and the first sentence of and in many body systems. The effects effects of insulin, impairing glucose paragraph (c)(3) to read as follows: of pituitary gland disorders vary absorption and metabolism. Treatment depending on which hormones are of type 2 DM generally requires lifestyle § 404.1525 Listing of impairments in involved. For example, when pituitary changes, such as increased exercise and appendix 1. hypofunction affects water and dietary modification, and sometimes * * * * * electrolyte balance in the kidney and insulin in addition to other medications. (c) How do we use the listings? (1) leads to diabetes insipidus, we evaluate a. Hyperglycemia. Both types of DM Most body system sections in parts A the effects of recurrent dehydration cause hyperglycemia, which is an and B of appendix 1 are in two parts: under 6.00. abnormally high level of blood glucose An introduction, followed by the 2. Thyroid gland disorders affect the that may produce acute and long-term specific listings. body’s sympathetic nervous system and complications. Acute complications of * * * * * normal metabolism. We evaluate hyperglycemia include diabetic (3) In most cases, the specific listings thyroid-related changes in blood ketoacidosis. Long-term complications follow the introduction in each body pressure and heart rate that cause of DM are related to chronic system, after the heading, Category of arrhythmias or other cardiac hyperglycemia. Impairments. *** dysfunction under 4.00; thyroid-related i. Diabetic ketoacidosis (DKA). DKA is * * * * * weight loss under 5.00; hypertensive a potentially life-threatening 3. Amend appendix 1 to subpart P of cerebrovascular accidents (strokes) complication of DM in which the part 404 by: under 11.00; and cognitive limitations, chemical balance of the body becomes a. Revising item 10 of the introductory mood disorders, and anxiety under dangerously hyperglycemic and acidic. It is an acute condition resulting from a text before part A; 12.00. 3. Parathyroid gland disorders affect severe insulin deficiency, which can b. Revising the body system name for calcium levels in bone, blood, nerves, occur due to missed or inadequate daily section 9.00 in the Part A table of muscle, and other body tissues. We insulin therapy, or in association with contents; evaluate parathyroid-related an acute illness. It usually requires c. Revising section 9.00 in part A; osteoporosis and fractures under 1.00; hospital treatment to correct the acute d. Removing sections 9.01 through abnormally elevated calcium levels in complications of dehydration, 9.08; the blood (hypercalcemia) that lead to electrolyte imbalance, and insulin e. Revising the body system name for cataracts under 2.00; kidney failure deficiency. You may have serious section 109.00 in the Part B table of under 6.00; and recurrent abnormally complications resulting from your contents; and low blood calcium levels treatment, which we evaluate under the f. Revising section 109.00 in part B. (hypocalcemia) that lead to increased affected body system. For example, we The revisions read as follows: excitability of nerves and muscles, such evaluate cardiac arrhythmias under Appendix 1 to Subpart P of Part 404— as tetany and muscle spasms, under 4.00, intestinal necrosis under 5.00, and Listing of Impairments 11.00. cerebral edema and seizures under 4. Adrenal gland disorders affect bone 11.00. Recurrent episodes of DKA may * * * * * calcium levels, blood pressure, result from mood or eating disorders, 10. Endocrine Disorders (9.00 and metabolism, and mental status. We which we evaluate under 12.00. 109.00): [DATE 8 YEARS FROM THE evaluate adrenal-related osteoporosis ii. Chronic hyperglycemia. Chronic EFFECTIVE DATE OF THE FINAL with fractures that compromises the hyperglycemia, which is longstanding RULES]. ability to walk or to use the upper abnormally high levels of blood glucose, * * * * * extremities under 1.00; adrenal-related leads to long-term diabetic Part A hypertension that worsens heart failure complications by disrupting nerve and or causes recurrent arrhythmias under blood vessel functioning. This * * * * * 4.00; adrenal-related weight loss under disruption can have many different 9.00 Endocrine Disorders. 5.00; and mood disorders under 12.00. effects in other body systems. For * * * * * 5. Diabetes mellitus and other example, we evaluate diabetic pancreatic gland disorders disrupt the peripheral neurovascular disease that 9.00 Endocrine Disorders production of several hormones, leads to gangrene and subsequent A. What is an endocrine disorder? including insulin, that regulate amputation of an extremity under 1.00; An endocrine disorder is a medical metabolism and digestion. Insulin is diabetic retinopathy under 2.00; condition that causes a hormonal essential to the absorption of glucose coronary artery disease and peripheral imbalance. When an endocrine gland from the bloodstream into body cells for vascular disease under 4.00; diabetic functions abnormally, producing either conversion into cellular energy. The gastroparesis that results in abnormal too much of a specific hormone most common pancreatic gland disorder gastrointestinal motility under 5.00; (hyperfunction) or too little is diabetes mellitus (DM). There are two diabetic nephropathy under 6.00; poorly (hypofunction), the hormonal imbalance major types of DM: Type 1 and type 2. healing bacterial and fungal skin can cause various complications in the Type 1 DM—previously known as infections under 8.00; diabetic body. The major glands of the endocrine ‘‘juvenile diabetes’’ or ‘‘insulin- peripheral and sensory neuropathies system are the pituitary, thyroid, dependent diabetes mellitus’’ (IDDM)— under 11.00; and cognitive impairments, parathyroid, adrenal, and pancreas. is an absolute deficiency of insulin depression, and anxiety under 12.00. B. How do we evaluate the effects of production that commonly begins in b. Hypoglycemia. People with DM endocrine disorders? We evaluate childhood and continues throughout may experience episodes of impairments that result from endocrine adulthood. Treatment of type 1 DM hypoglycemia, which is an abnormally disorders under the listings for other always requires lifelong daily insulin. low level of blood glucose. Most adults body systems. For example: With type 2 DM—previously known as recognize the symptoms of 1. Pituitary gland disorders can ‘‘adult-onset diabetes mellitus’’ or ‘‘non- hypoglycemia and reverse them by disrupt hormone production and normal insulin-dependent diabetes mellitus’’ consuming substances containing

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glucose. Severe hypoglycemia can lead normal metabolism. We evaluate a. Hyperglycemia. Both types of DM to complications, including seizures or thyroid-related changes in linear growth cause hyperglycemia, which is an loss of consciousness, which we under 100.00; thyroid-related changes in abnormally high level of blood glucose evaluate under 11.00, or altered mental blood pressure and heart rate that cause that may produce acute and long-term status and cognitive deficits, which we cardiac arrhythmias or other cardiac complications. Acute complications of evaluate under 12.00. dysfunction under 104.00; thyroid- hyperglycemia include diabetic C. How do we evaluate endocrine related weight loss under 105.00; and ketoacidosis. Long-term complications disorders that do not have effects that cognitive limitations, mood disorders, of DM are related to chronic meet or medically equal the criteria of and anxiety under 112.00. hyperglycemia, but are rare in children. any listing in other body systems? If 3. Parathyroid gland disorders affect b. Diabetic ketoacidosis (DKA). DKA your impairment(s) does not meet or calcium levels in bone, blood, nerves, is a potentially life-threatening medically equal a listing in another muscle, and other body tissues. We complication of DM in which the body system, you may or may not have evaluate parathyroid-related chemical balance of the body becomes the residual functional capacity to osteoporosis and fractures under 101.00; dangerously hyperglycemic and acidic. engage in substantial gainful activity. In abnormally elevated calcium levels in It is an acute condition resulting from a this situation, we proceed to the fourth the blood (hypercalcemia) that lead to severe insulin deficiency, which can and, if necessary, the fifth steps of the cataracts under 102.00; kidney failure occur due to missed or inadequate daily sequential evaluation process in under 106.00; and recurrent abnormally insulin therapy, or in association with §§ 404.1520 and 416.920. When we low blood calcium levels acute illness. It usually requires hospital decide whether you continue to be (hypocalcemia) that lead to increased treatment to correct the acute disabled, we use the rules in excitability of nerves and muscles, such complications of dehydration, §§ 404.1594, 416.994, and 416.994a. as tetany and muscle spasms, under electrolyte imbalance, and insulin * * * * * 111.00. deficiency. You may have serious 4. Adrenal gland disorders affect bone complications resulting from your Part B calcium levels, blood pressure, treatment, which we evaluate under the * * * * * metabolism, and mental status. We affected body system. For example, we 109.00 Endocrine Disorders. evaluate adrenal-related linear growth evaluate cardiac arrhythmias under * * * * * impairments under 100.00; adrenal- 104.00, intestinal necrosis under 105.00, related osteoporosis with fractures that and cerebral edema and seizures under 109.00 Endocrine Disorders compromises the ability to walk or to 111.00. Recurrent episodes of DKA in A. What is an endocrine disorder? use the upper extremities under 101.00; adolescents may result from mood or An endocrine disorder is a medical adrenal-related hypertension that eating disorders, which we evaluate condition that causes a hormonal worsens heart failure or causes recurrent under 112.00. imbalance. When an endocrine gland arrhythmias under 104.00; adrenal- c. Hypoglycemia. Children with DM functions abnormally, producing either related weight loss under 105.00; and may experience episodes of too much of a specific hormone mood disorders under 112.00. hypoglycemia, which is an abnormally (hyperfunction) or too little 5. Diabetes mellitus and other low level of blood glucose. Most (hypofunction), the hormonal imbalance pancreatic gland disorders disrupt the children age 6 and older recognize the can cause various complications in the production of several hormones, symptoms of hypoglycemia and reverse body. The major glands of the endocrine including insulin, that regulate them by consuming substances system are the pituitary, thyroid, metabolism and digestion. Insulin is containing glucose. Severe parathyroid, adrenal, and pancreas. essential to the absorption of glucose hypoglycemia can lead to B. How do we evaluate the effects of from the bloodstream into body cells for complications, including seizures or endocrine disorders? The only listing in conversion into cellular energy. The loss of consciousness, which we this body system addresses children most common pancreatic gland disorder evaluate under 111.00, or altered mental from birth to the attainment of age 6 is diabetes mellitus (DM). There are two status, cognitive deficits, and permanent who have diabetes mellitus (DM) and major types of DM: type 1 and type 2. brain damage, which we evaluate under require daily insulin. We evaluate other Type 1 DM—previously known as 112.00. impairments that result from endocrine ‘‘juvenile diabetes’’ or ‘‘insulin- C. How do we evaluate DM in disorders under the listings for other dependent diabetes mellitus’’ (IDDM)— children? body systems. For example: is an absolute deficiency of insulin Listing 109.08 is only for children 1. Pituitary gland disorders can secretion that commonly begins in with DM who have not attained age 6 disrupt hormone production and normal childhood and continues throughout and who require daily insulin. For all functioning in other endocrine glands adulthood. Treatment of type 1 DM other children (that is, children with and in many body systems. The effects always requires lifelong daily insulin. DM who are age 6 or older and require of pituitary gland disorders vary With type 2 DM—previously known as daily insulin, and children of any age depending on which hormones are ‘‘adult-onset diabetes mellitus’’ or ‘‘non- with DM who do not require daily involved. For example, when pituitary insulin-dependent diabetes mellitus’’ insulin), we determine if an impairment growth hormone deficiency in growing (NIDDM)—the body’s cells resist the that results from DM, or a combination children limits bone maturation and effects of insulin, impairing glucose of impairments, meets or medically results in pathological short stature, we absorption and metabolism. Although equals the criteria of a listing in another evaluate under 100.00. When pituitary less common than type 1 DM in body system, or functionally equals the hypofunction affects water and children, type 2 DM is increasingly listings under the criteria in § 416.926a, electrolyte balance in the kidney and being diagnosed prior to age 18. considering the factors in § 416.924a. leads to diabetes insipidus, we evaluate Treatment of type 2 DM generally For example, a child age 6 or older who the effects of recurrent dehydration requires lifestyle changes, such as has a medical need for 24-hour-a-day under 106.00. increased exercise and dietary adult supervision of insulin treatment, 2. Thyroid gland disorders affect the modification, and sometimes insulin in food intake, and physical activity to body’s sympathetic nervous system and addition to other medications. ensure survival will have an impairment

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that functionally equals the listings SOCIAL SECURITY ADMINISTRATION view your comment immediately as we based on the example in must manually post each comment. It § 416.926a(m)(5). 20 CFR Parts 404 and 416 may take up to a week for your D. How do we evaluate other [Docket No. SSA–2009–0040] comment to be viewable. 2. Fax: Fax comments to (410) 966– endocrine disorders that have effects RIN 0960–AF80 2830. that do not meet or medically equal the 3. Mail: Mail your comments to the criteria of any listing in other body Revised Procedures and Criteria for Office of Regulations, Social Security systems? If your impairment(s) does not Payment of Vocational Rehabilitation Administration, 137 Altmeyer Building, meet or medically equal a listing in Services Under the Cost 6401 Security Boulevard, Baltimore, another body system, we will consider Reimbursement Program Maryland 21235–6401. whether your impairment(s) AGENCY: Social Security Administration. Comments are available for public functionally equals the listings under ACTION: Advance notice of proposed viewing on the Federal eRulemaking the criteria in § 416.926a, considering rulemaking. portal at http://www.regulations.gov or the factors in § 416.924a. When we in person, during regular business decide whether you continue to be SUMMARY: We are requesting your hours, by arranging with the contact disabled, we use the rules in § 416.994a. comments on whether and how we person identified below. 109.01 Category of Impairments, should revise our rules governing FOR FURTHER INFORMATION CONTACT: Endocrine. payment for vocational rehabilitation Brian Rudick, Office of Regulations, (VR) services under the cost 109.08 Any type of diabetes mellitus Social Security Administration, 6401 reimbursement program. Our current Security Boulevard, Baltimore, MD in a child who requires daily insulin regulations do not reflect programmatic 21235–6401, (410) 965–7105. For and has not attained age 6. Consider changes resulting from the new information on eligibility or filing for under a disability until the attainment regulations we issued in May of 2008 for benefits, call our national toll-free of age 6. Thereafter, evaluate the the Ticket to Work and Self-Sufficiency number, 1–800–772–1213 or TTY diabetes mellitus according to the rules Program (Ticket to Work program). We 1–800–325–0778, or visit our Internet in 109.00B5 and C. are requesting your comments as part of site, Social Security Online, at http:// * * * * * our ongoing effort to ensure that the www.socialsecurity.gov. regulations governing cost SUPPLEMENTARY INFORMATION: PART 416—SUPPLEMENTAL reimbursement for VR services are SECURITY INCOME FOR THE AGED, current and support our other return to Electronic Version work programs, specifically the Ticket BLIND, AND DISABLED The electronic file of this document is to Work and Work Incentive programs. available on the date of publication in 4. The authority citation for subpart I If we propose specific revisions, we will the Federal Register at http:// publish a Notice of Proposed of part 416 continues to read as follows: www.gpoaccess.gov/fr/index.html. Authority: Secs. 221(m), 702(a)(5), 1611, Rulemaking in the Federal Register. What Is The Purpose of This Advance 1614, 1619, 1631(a), (c), (d)(1), and (p) and DATES: To ensure that we consider your 1633 of the Social Security Act (42 U.S.C. comments, we must receive them no Notice of Proposed Rulemaking 421(m), 902(a)(5), 1382, 1382c, 1382h, later than February 12, 2010. (ANPRM)? 1383(a), (c), (d)(1), and (p), and 1383(b); secs. ADDRESSES: You may submit comments This ANPRM gives you an 4(c) and 5, 6(c)–(e), 14(a), and 15, Pub. L. 98– by any one of three methods—Internet, opportunity to provide input concerning 460, 98 Stat. 1794, 1801, 1802, and 1808 (42 fax, or mail. Do not submit the same whether and how we might revise our U.S.C. 421 note, 423 note, and 1382h note). comments multiple times or by more procedures and criteria for payments to than one method. Regardless of which State VR agencies for VR services 5. Amend § 416.925 by revising method you choose, please state that provided to disability beneficiaries paragraph (c)(1) and the first sentence of your comments refer to Docket No. under the cost reimbursement system. paragraph (c)(3) to read as follows: SSA–2009–0040 so that we may The regulations governing State VR § 416.925 Listing of impairments in associate your comments with the agency cost reimbursement are found in appendix 1 of subpart P of part 404 of this correct regulation. 20 CFR part 404, subpart V, and part chapter. Caution: You should be careful to 416, subpart V. We last published rules include in your comments only for this program in the Federal Register * * * * * information that you wish to make on July 7, 2003. We are publishing this (c) How do we use the listings? (1) publicly available. We strongly urge you ANPRM as part of our ongoing effort to Most body system sections in parts A not to include in your comments any ensure that our criteria are effective and and B of appendix 1 are in two parts: personal information, such as Social provide accurate guidance regarding the an introduction, followed by the Security numbers or medical connection between the VR cost specific listings. information. reimbursement and Ticket to Work * * * * * 1. Internet: We strongly recommend programs. this method for submitting your (3) In most cases, the specific listings comments. Visit the Federal On Which Rules Are We Inviting follow the introduction in each body eRulemaking portal at http:// Comments? system, after the heading, Category of www.regulations.gov. Use the Search We are interested in any comments Impairments. *** function of the webpage to find docket and suggestions you have about how we * * * * * number SSA–2009–0040, then submit should revise 20 CFR part 404, subpart [FR Doc. E9–29671 Filed 12–11–09; 8:45 am] your comment. Once you submit your V, and part 416, subpart V. You can find comment, the system will issue you a the current rules for the cost BILLING CODE 4191–02–P tracking number to confirm your reimbursement program on the Internet submission. You will not be able to at the following locations:

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http://www.access.gpo.gov/nara/cfr/ information to beneficiaries with processing fees. The rule raises from waisidx_09/20cfr404_09.html disabilities regarding the effect of $131 to $140 the fee charged for the http://www.access.gpo.gov/nara/cfr/ earnings on many types of benefits. We processing of an application for most waisidx_09/20cfr416_09.html. would appreciate your comments about non-petition-based nonimmigrant visas Who Should Send Us Comments and how benefits planning can become a (Machine-Readable Visas or MRVs) and Suggestions? more central part of a beneficiary’s adult Border Crossing Cards (BCCs). The participation in the VR process. rule also provides new application fees We invite comments and suggestions for certain categories of petition-based Will We Respond to Your Comments from people who have an interest in the nonimmigrant visas and treaty trader From This Notice? rules we use to administer the VR cost and investor visas (all of which are also reimbursement program, people who We will not respond directly to MRVs). Finally, the rule increases the apply for or receive benefits from us, comments you send in response to this $13 BCC fee charged to Mexican citizen members of the general public, State VR ANPRM. After we have considered all minors who apply in Mexico, and agencies, advocates and organizations comments and suggestions as well as whose parent or guardian already has a who represent parties interested in cost what we have learned from our program BCC or is applying for one, by raising reimbursement and the Ticket to Work experience administering the cost that fee to $14 by virtue of a programs, and others. reimbursement option under the Ticket congressionally mandated surcharge What Should You Comment About? to Work program, we will determine that goes into effect this year. The whether and how we should revise our Department of State is adjusting the fees We issued initial Ticket to Work regulations. If we decide to propose to ensure that sufficient resources are program regulations on December 23, specific revisions, we will publish a available to meet the costs of providing 2001 (66 FR 67369). On May 20, 2008, Notice of Proposed Rulemaking in the consular services in light of an we published amendments to those Federal Register, and you will have a independent cost of service study’s rules based on our experience chance to comment on the revisions we findings that the U.S. Government is not administering the Ticket to Work propose. fully covering its costs for the program (73 FR 29324). While those List of Subjects processing of these visas under the rules simplified the program and made current cost structure. it more attractive to beneficiaries and 20 CFR Part 404 DATES: potential service providers, we have not Written comments must be yet fully updated the regulations Administrative practice and received on or before 60 days from the governing the VR cost reimbursement procedure, Blind, Disability benefits, date of publication in the Federal program to complement the Ticket to Old-age, Survivors, and Disability Register. Work program. insurance, Reporting and recordkeeping ADDRESSES: Interested parties may In advance of proposing regulatory requirements, Social Security, contact the Department by any of the changes to the VR cost reimbursement Vocational rehabilitation. following methods: • program, we would like your general 20 CFR Part 416 Persons with access to the Internet comments, as well as comments on a may view this notice and submit few specific issues. These specific Administrative practice and comments by going to the issues include: procedure, Aged, Blind, Disability regulations.gov Web site at: http:// 1. What changes to the VR cost benefits, Public assistance programs, www.regulations.gov/index.cfm. reimbursement regulations might we Reporting and recordkeeping • Mail (paper, disk, or CD–ROM): U.S. consider to make them work more requirements, Supplemental Security Department of State, Office of the effectively with the Ticket to Work Income (SSI), Vocational rehabilitation. Executive Director, Bureau of Consular program? Dated: November 9, 2009. Affairs, U.S. Department of State, Suite 2. Is the list of services for which Michael J. Astrue, H1001, 2401 E Street, NW., Washington, payment may be made, found at 20 CFR Commissioner of Social Security. DC 20520. 404.2114 and 416.2214, adequate and • E-mail: [email protected]. You must [FR Doc. E9–29669 Filed 12–11–09; 8:45 am] comprehensive? If not, what changes to include the RIN (1400–AC57) in the the list of allowable services should we BILLING CODE 4191–02–P subject line of your message. consider? FOR FURTHER INFORMATION CONTACT: 3. Under the Ticket to Work program, Amber Baskette, Office of the Executive DEPARTMENT OF STATE our rules discount payments to an EN Director, Bureau of Consular Affairs, when it accepts a ticket assignment for 22 CFR Part 22 Department of State; phone: 202–663– job retention services for a beneficiary 3923, telefax: 202–663–2599; e-mail: who is a former VR agency client and [Public Notice: 6851] [email protected]. was working when the VR agency RIN: 1400–AC57 SUPPLEMENTARY INFORMATION: closed the VR case. 20 CFR 411.585. Our reimbursement rules do not cover the Schedule of Fees for Consular Background reverse situation: when the EN is the Services, Department of State and What Is the Authority for This Action? first provider and the VR agency later Overseas Embassies and Consulates provides job retention or career The Department of State derives the advancement services. How should we AGENCY: Bureau of Consular Affairs, general authority to set the amount of avoid duplicate payments for the same State. fees for the consular services it services while ensuring that individuals ACTION: Proposed rule. provides, and to charge those fees, from get the services they need to maximize the general user charges statute, 31 opportunities for employment? SUMMARY: This rule amends the U.S.C. 9701. See, e.g., 31 U.S.C. 4. Benefits planners (including those Schedule of Fees for Consular Services 9701(b)(2)(A) (‘‘The head of each agency with the Work Incentives Planning and (Schedule) for nonimmigrant visa * * * may prescribe regulations Assistance organizations) provide application and border crossing card establishing the charge for a service or

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thing of value provided by the agency through June 2009 to provide the basis Fiscal Year 2009 are certain to be at * * * based on * * * the costs to the for updating the Schedule. The results least $2 per application. When this Government.’’). As implemented of that study are the foundation of the additional cost is factored in along with through Executive Order 10718 of June current changes to the Schedule. the costs of recovering losses from the 27, 1957, 22 U.S.C. 4219 further The CoSS concluded that the average Mexican citizen minor BCC, the authorizes the Department to establish cost to the U.S. Government of estimated cost to the U.S. Government fees to be charged for official services accepting, processing, adjudicating, and of accepting, processing, and provided by U.S. embassies and issuing a non-petition-based MRV adjudicating non-petition-based MRV consulates. Other authorities allow the application, including an application for (except E category) and BCC Department to charge fees for consular a BCC, is approximately $136.37 for applications becomes $138.37. services, but not to determine the Fiscal Year 2010. (The only exception is In addition, section 239(a) of the amount of such fees, as the amount is the non-petition-based E category visa, Wilberforce Act requires the Department statutorily determined. Examples discussed below, for which costs are to collect a fee or surcharge of $1 related to nonimmigrant visas include: greater than $136.37.) The CoSS arrived (‘‘Wilberforce surcharge’’) in addition to (1) The $13 fee, discussed below, for at the $136.37 figure taking into account cost-based fees charged for MRVs and machine-readable BCCs for certain actual and projected costs of worldwide BCCs, to support anti-trafficking Mexican citizen minors, Omnibus nonimmigrant visa operations, visa programs. See Wilberforce Act, Public Consolidated and Emergency workload, and other related costs. This Law 110–457, Title II, § 239. Supplemental Appropriations Act of cost also includes the unrecovered costs Combining the $138.37 cost to the 1999, Public Law 105–277, 112 Stat. of processing BCCs for certain Mexican U.S. Government with the $1 2681–50, Div. A, Title IV, § 410(a), citizen minors. That processing fee is Wilberforce surcharge, the Department (reproduced at 8 U.S.C. 1351 note); and statutorily frozen at $13, even though has determined that the fee for non- (2) the reciprocal nonimmigrant visa such BCCs cost the Department the petition-based MRV (except E category) issuance fee, 8 U.S.C. 1351. same amount to process as all other and BCC applications, with the A number of other statutes address MRVs and BCCs—that is, significantly exception of certain Mexican citizen specific fees and surcharges related to more than $13. (As discussed below, a minors’ BCCs statutorily set at $13, will nonimmigrant visas. A cost-based, statutorily imposed $1 surcharge brings be $140. This $140 fee will allow the nonimmigrant visa processing fee for the total fee for Mexican citizen minor Government to recover the full cost of MRVs and BCCs is authorized by BCCs to $14.) The Department’s costs processing these visa applications section 140(a) of the Foreign Relations beyond $13 must, by statute, be during the anticipated period of the Authorization Act, Fiscal Years 1994 recovered by charging more for all current Schedule, and to comply with and 1995, Public Law 103–236, 108 Stat. MRVs, as well as all BCCs not meeting its statutory obligation to collect from 382, as amended, and such fees remain the requirements for the reduced fee. applicants the $1 Wilberforce surcharge. available to the Department until See Omnibus Consolidated and The Department rounded up to $140 to expended. See, e.g., Enhanced Border Emergency Supplemental make it easier for U.S. embassies and Security and Visa Entry Reform Act of Appropriations Act of 1999, Public Law consulates to convert to foreign 2002, Public Law 107–173, 116 Stat. 105–277, Div. A, Title IV, § 410(a)(3) currencies, which are most often used to 543; see also 8 U.S.C. 1351 note (reproduced at 8 U.S.C. 1351 note) pay the fee. (reproducing amended law allowing for (Department ‘‘shall set the amount of retention of MRV and BCC fees). the fee [for processing MRVs and all For all applicants other than those Furthermore, section 239(a) of the other BCCs] at a level that will ensure Mexican citizen minors who qualify for William Wilberforce Trafficking Victims the full recovery by the Department the reduced fee, the BCC fee is being Protection Reauthorization Act of 2008 * * * of the costs of processing’’ all raised to $140 because the document, (‘‘Wilberforce Act’’) requires the MRVs and BCCs, including reduced cost which is available to certain Mexican Secretary of State to collect a $1 BCCs for qualifying Mexican citizen citizens, has almost identical processing surcharge on all MRVs and BCCs in minors). procedures and functions for those addition to the processing fee, including Subsequent to the completion of data- persons in the same manner as an MRV on BCCs issued to Mexican citizen gathering for the CoSS, the Department’s functions for all other nonimmigrant minors qualifying for a statutorily Bureau of Consular Affairs decided to visa applicants. mandated $13 processing fee; this consolidate visa operations support As noted above, for Mexican citizens surcharge must be deposited into the services through an initiative called the under 15 years of age who apply for a Treasury. See Public Law 110–457, 122 Global Support Strategy (GSS) in Fiscal BCC in Mexico, and have at least one Stat. 5044, Title II, § 239, (reproduced at Year 2010. GSS consolidates in one parent or guardian who has a BCC or is 8 U.S.C. 1351 note). contract costs of services currently being also applying for one, the BCC fee is The Department last changed MRV paid by MRV and BCC applicants to statutorily set at $13. See Consolidated and BCC fees in an interim final rule various private vendors, including and Emergency Supplemental dated December 20, 2007. 72 FR 72243. appointment setting, fee collection, Appropriations Act of 1999, Public Law See Department of State Schedule for offsite data collection services and 105–277, Div. A, Title IV, § 410(a)(1)(A) Fees and Funds, 22 CFR 22.1–22.5 document delivery. The GSS contract, (reproduced at 8 U.S.C. 1351 note). Those changes to the Schedule went which will be awarded competitively, Nevertheless, the $1 Wilberforce into effect January 1, 2008. was initiated due to concerns that fees surcharge applies to this fee by the for visa services varied from country to terms of law establishing the surcharge, Why Is the Department Raising the country; the Department’s intent is to which postdates Public Law 105–277, Nonimmigrant Visa Fees at This Time? charge a consistent fee worldwide to Division A, Title IV, § 410(a)(1)(A) and Consistent with OMB Circular A–25 applicants for the same type of visa. does not exempt it from its application. guidelines, the Department contracted Final costs for GSS are not yet known See Wilberforce Act, Public Law 110– for an independent cost of service study because the contract has not yet been 457, Title II, § 239(a). Therefore, the (CoSS), which used an activity-based awarded, but according to Department Department must now charge $14 for costing model from August 2007 estimates startup costs incurred in this category of BCC.

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In addition, the 2007–2009 CoSS Department has had the opportunity to any year, and it will not significantly or found that the cost of accepting, fully consider any public comments uniquely affect small governments. adjudicating, and issuing MRV received and promulgate the associated Therefore, no actions were deemed applications for the following categories final regulation. necessary under the provisions of the of visas is appreciably higher than for Unfunded Mandates Reform Act of Regulatory Findings other categories: E (treaty-trader or 1995, 2 U.S.C. 1501–1504. treaty-investor); H (temporary workers Administrative Procedure Act Small Business Regulatory Enforcement and trainees); K (fiance´(e)s and certain The Department is publishing this Fairness Act of 1996 spouses of U.S. citizens); L rule as a proposed rule, with a 60-day (intracompany transferee); O (aliens provision for public comments. This rule is not a major rule as with extraordinary ability); P (athletes, defined by section 804 of the Small artists, and entertainers); Q Regulatory Flexibility Act Business Regulatory Enforcement (international cultural exchange The Department, in accordance with Fairness Act of 1996. See 5 U.S.C. visitors) and R (aliens in religious the Regulatory Flexibility Act, 5 U.S.C. 804(2). This rule will not result in an occupations). Each of these visa 605(b), has reviewed this rule and, by annual effect on the economy of $100 categories requires a review of extensive approving it, certifies that it will not million or more; a major increase in documentation and a more in-depth have a significant economic impact on costs or prices; or significant adverse interview of the applicant than BCCs a substantial number of small entities as effects on competition, employment, and other categories of MRVs. The defined in 5 U.S.C. 601(6). This rule investment, productivity, innovation, or Department has concluded that it would raises the application and processing fee on the ability of United States-based be more equitable to those applying for for nonimmigrant visas. Although the companies to compete with foreign- BCCs and other categories of MRVs, for issuance of some of these visas is based companies in domestic and which such extensive review is not contingent upon approval by DHS of a import markets. necessary, to establish separate fees that petition filed by a United States Executive Order 12866 more accurately reflect the cost of company with DHS, and these processing these visas. Therefore, this companies pay a fee to DHS to cover the OMB considers this rule to be a rule establishes the following fees for processing of the petition, the visa itself ‘‘significant regulatory action’’ under these categories corresponding to is sought and paid for by an individual Executive Order 12866, section 3(f), projected cost figures for the visa foreign national overseas who seeks to Regulatory Planning and Review, Sept. category as determined by the CoSS and come to the United States for a 30, 1993. 58 FR 51735. This rule is incorporating the $1 Wilberforce temporary stay. The amount of the necessary in light of the Department of surcharge (see Wilberforce Act, Public petition fees that are paid by small State’s CoSS finding that the cost of Law 110–457, Title II, § 239(a) entities to DHS is not controlled by the processing non-immigrant visas has (surcharge applies to all nonimmigrant amount of the visa fees paid by increased since the fee was last set in MRVs)): individuals to the Department of State. 2007. The Department is setting the H, L, O, P, Q and R: $150. While small entities may cover or non-immigrant visa fees in accordance E: $390. reimburse employees for application with 31 U.S.C. 9701 and other K: $350. fees, the exact number of such entities applicable legal authority, as described The Department rounded these fees to that does so is unknown. Given that the in more detail above. See, e.g., 31 U.S.C. the nearest $10 for the ease of increase in petition fees accounts for 9701(b)(2)(A) (‘‘The head of each agency converting to foreign currencies, which only 7% of the total percentage of visa * * * may prescribe regulations are most often used to pay the fee. fee increases, the modest 15% increase establishing the charge for a service or in the application fee for employment- thing of value provided by the agency When Will the Department of State based nonimmigrant visas is not likely * * * based on * * * the costs to the Implement This Proposed Rule? to have a significant economic impact Government.’’). This regulation sets the The Department intends to implement on the small entities that choose to fees for non-immigrant visas at the this proposed rule, and initiate reimburse the applicant for the visa fee. amount required to recover the costs collection of the fees set forth herein, as associated with providing this service to soon as practicable following the Unfunded Mandates Act of 1995 foreign nationals. expiration of the 60-day public This rule will not result in the Accordingly, this rule has been comment period following this expenditure by State, local, and Tribal submitted to OMB for review. proposed rule’s publication in the governments, in the aggregate, or by the Details of the proposed fee changes Federal Register, and after the private sector, of $1 million or more in are as follows:

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Estimated an- Estimated Proposed Change in Percentage nual number increase in Item No. fee Current fee fee increase of applica- annual fees tions 1 collected 2

21. Nonimmigrant visa application and border crossing card processing fees: (a) Non-petition-based category (except E cat- egory) ...... $140 $131 $9 7 5,499,494 $49,495,446 (b) H, L, O, P, Q and R category ...... 150 131 19 15 498,034 9,462,646 (c) E category ...... 390 131 259 198 38,466 9,962,694 (d) K category...... 350 131 219 167 41,345 9,054,555 (e) Border crossing card—age 15 and over ..... 140 131 9 7 673,128 6,058,152 (f) Border crossing card—under age 15 ...... 14 13 1 8 224,376 224,376 1 Based on FY2009 actuals. 2 Using FY2009 actuals to generate projections.

Historically, nonimmigrant visa relationship between the national List of Subjects in 22 CFR Part 22 workload has increased year to year at government and the States, or on the Consular services, fees, passports and approximately 5%. However, global distribution of power and visas. economic conditions led to a 12.7% responsibilities among the various drop in demand in Fiscal Year 2009. We levels of government. Therefore, in Accordingly, for the reasons stated in anticipate that with global economic accordance with section 6 of Executive the preamble, 22 CFR part 22 is recovery, demand will return to its Order 13132, Federalism, Aug. 4, 1999, proposed to be amended as follows: historical pattern of growth after Fiscal the Department has determined that this PART 22—[AMENDED] Year 2010. With regard to the economic rule does not have sufficient federalism impact as a whole, the more than 92% implications to require consultations or 1. The authority citation for part 22 is of nonimmigrant visa applications that warrant the preparation of a federalism amended to read as follows: are not petition-based are sought by and paid for entirely by foreign national summary impact statement. 64 FR Authority: 8 U.S.C. 1101 note, 1153 note, applicants. The revenue increases 43255. 1183a note, 1351, 1351 note, 1714, 1714 note; 10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22 resulting from those fees should not be Paperwork Reduction Act considered to have a direct cost impact U.S.C. 214, 214 note, 1475e, 2504(a), 4201, 4206, 4215, 4219, 6551; 31 U.S.C. 9701; Exec. on the domestic economy. This rule does not impose any new or Order 10,718, 22 FR 4632 (1957); Exec. Order modify any existing reporting or record- Executive Order 13132 11,295, 31 FR 10603 (1966). keeping requirements. This rule will not have substantial 2. Revise § 22.1 Item 21 to read as direct effects on the States, on the follows:

SCHEDULE OF FEES FOR CONSULAR SERVICES

Item No. Fee

*******

Nonimmigrant Visa Services

21. Nonimmigrant visa application and border crossing card processing fees (per person): (a) Non-petition-based nonimmigrant visa (except E category) ...... $140 (b) H, L, O, P and R category nonimmigrant visa ...... 150 (c) E category nonimmigrant visa ...... 390 (d) K category nonimmigrant visa ...... 350 (e) Border crossing card—age 15 and over (valid 10 years) ...... 140 (f) Border crossing card—under age 15; for Mexican citizens if parent or guardian has or is applying for a border crossing card (valid 10 years of until the applicant reaches age 15, whichever is sooner) ...... 14

*******

Dated: December 9, 2009. POSTAL SERVICE SUMMARY: The Postal Service is filing Patrick Kennedy, this proposed rule to describe the Under Secretary of State for Management, 39 CFR Part 111 applicable prices for commercial flat- Department of State. size mail failing to meet new deflection Eligibility for Commercial Flats Failing [FR Doc. E9–29722 Filed 12–11–09; 8:45 am] standards, to be effective on June 7, Deflection 2010. BILLING CODE 4710–06–P AGENCY: Postal ServiceTM. DATES: We must receive your comments on or before January 13, 2010. ACTION: Proposed rule. ADDRESSES: Mail or deliver written comments to the Manager, Mailing

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Standards, U.S. Postal Service, 475 increasing the permitted deflection to 4 First-Class Mail®, Standard Mail (option L’Enfant Plaza SW., Room 3436, inches for flat pieces that were at least for Not Flat-Machinable (NFM) prices) Washington, DC 20260–3436. You may 10 inches long. The difficulties in and Bound Printed Matter flat-size inspect and photocopy all written processing flats that came close to that pieces not meeting the new deflection comments at USPS Headquarters new maximum deflection made it clear standards. Due to changes in the pricing Library, 475 L’Enfant Plaza SW., 11th that the change was too great to allow structure implemented on May 11, 2009, Floor N, Washington, DC between 9 a.m. successful processing and handling of for Standard Mail NFMs and parcels, and 4 p.m., Monday through Friday. flats with a 4 inch maximum deflection. those prices do not align directly with Email comments concerning the In a notice published in the DMM Standard Mail flats prices. Although proposed price eligibility, containing Advisory on August 18, 2009, we eligibility for Periodicals flats failing the name and address of the commenter, announced a further deferral of the deflection was not specifically may be sent to: implementation date of the revised discussed, current standards would [email protected], with a deflection standard. The additional exempt Periodicals flats categorized as subject line of ‘‘Deflection comments.’’ delayed implementation date of June 7, nonmachinable and mailed to outside Faxed comments are not accepted. 2010 offers mailers the opportunity to county addresses from the deflection FOR FURTHER INFORMATION CONTACT: Bill make changes to slightly stiffen or standards. Since First-Class Mail single- Chatfield, 202–268–7278. redesign their ‘‘droopy’’ flats to meet the piece flats are not subject to deflection SUPPLEMENTARY INFORMATION: The Postal new standards. standards, mailers of commercial First- Class Mail flats that do not meet the Service’s final rule for new mailing New Standards standards to be effective in May 2009 deflection standard would have the was published in the Federal Register In the final rule published in the option of presorted parcel or single- (74 FR 15380–15384) on April 6, 2009. Federal Register (74 FR 15380–15384) piece flats prices. The final rule included new deflection on April 6, 2009, we extended the Customers have expressed concerns standards, previously applicable only to deflection standards, currently about the potential additional postage automation flats, for all commercial flat- applicable to automation flats, to all due for pieces failing the deflection size mail. The implementation of the commercial flat-size mailpieces, except standard. Based on these concerns and new deflection standards was those mailed at saturation and high- to align with other quality efforts, the ® postponed from the May 2009 date and density Periodicals or Standard Mail Postal Service has determined to change is being deferred further to June 2010. prices. The deflection standards also the price eligibilities applicable for In this notice we provide background, a changed to allow 1 inch less of vertical pieces that fail the deflection standard. reiteration of the changes and revision deflection (droop) than is currently Generally, the price eligibilities to the applicable prices for pieces that allowed. We eliminated the current proposed represent prices less than the do not meet the deflection standard, exception for oblong flats (those with a parcel or NFM prices originally followed by changes to the mailing bound edge on the shorter side) so all published. standards in Mailing Standards of the flats will be tested with the length For commercial flats that fail the United States Postal Service, Domestic placed perpendicular to the edge of a deflection standard, price eligibility by Mail Manual (DMM®). flat surface. class of mail is described in the tables below. For all classes of mail, if the Applicable Prices Background mailing is determined not to meet the As a reminder, the USPS® changed According to the original final rule in deflection standard, the sortation for the deflection standards in 2007 by April 2009, parcel prices would apply to failed pieces may remain as prepared.

First-Class Mail Automation

Eligibility as planned or presented: Eligibility with failed deflection: Automation 5-digit flat ...... Presorted flat. Automation 3-digit ...... Presorted flat. Automation ADC ...... Presorted flat. Automation MADC ...... Presorted flat.

First-Class Mail Presorted (nonautomation)

Eligibility as planned or presented: Eligibility with failed deflection: Presorted flat ...... Single-piece flat or presorted parcel.

Periodicals Outside County

Piece price eligibility as planned or presented: Piece price eligibility with failed deflection: Basic carrier route flat ...... Machinable nonbarcoded or barcoded 5-digit flat. Machinable barcoded 5-digit flat ...... Nonmachinable barcoded 5-digit flat. Machinable barcoded 3-digit flat ...... Nonmachinable barcoded 3-digit flat. Machinable barcoded ADC flat ...... Nonmachinable barcoded ADC flat. Machinable barcoded MADC flat ...... Nonmachinable barcoded MADC flat. Machinable nonbarcoded 5-digit flat ...... Nonmachinable nonbarcoded 5-digit flat. Machinable nonbarcoded 3-digit flat ...... Nonmachinable nonbarcoded 3-digit flat. Machinable nonbarcoded ADC flat ...... Nonmachinable nonbarcoded ADC flat. Machinable nonbarcoded MADC flat ...... Nonmachinable nonbarcoded MADC flat. Nonmachinable barcoded or nonbarcoded flat ...... Price claimed, if otherwise eligible.

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Periodicals In-County

Piece price eligibility as planned or presented: Piece price eligibility with failed deflection: Basic carrier route flat ...... Nonautomation or automation (if barcoded) 5-digit flat. Automation 5-digit flat ...... Nonautomation 5-digit flat. Automation 3-digit flat ...... Nonautomation 3-digit flat. Automation basic flat ...... Nonautomation basic flat.

Standard Mail

Eligibility as planned or presented: Eligibility with failed deflection: Basic carrier route flat ...... Nonautomation 5-digit flat. Automation 5-digit flat ...... Nonautomation 5-digit flat. Automation 3-digit flat ...... Nonautomation 3-digit flat. Automation ADC flat ...... Nonautomation ADC flat. Automation MADC flat ...... Nonautomation MADC flat. Nonautomation flat (all sort levels) ...... Nonautomation MADC flat.

Bound Printed Matter

Eligibility as planned or presented: Eligibility with failed deflection: Carrier route flat ...... Carrier route parcel. Barcoded presorted flat ...... Presorted parcel. Nonbarcoded presorted flat ...... Presorted parcel. Nonbarcoded nonpresorted flat ...... Price as claimed, if otherwise eligible.

Although we are exempt from the standards to all flat-size mailpieces, and less than the extended length. For notice and comment requirements of the delete item c as follows:] example, a piece 8 inches long would Administrative Procedure Act [5 U.S.C extend 4 inches off a flat surface. It must 1.7 Maximum Deflection for Flat-Size of 553(b), (c)] regarding proposed not droop more than 2 inches vertically Mailpieces rulemaking by 39 U.S.C. 410(a), we at either end. invite public comments on the Flat-size mailpieces must be flexible Exhibit 1.7b Deflection Test—Flats following proposed revisions to Mailing (see 1.3) and must meet maximum Less Than 10 Inches Long Standards of the United States Postal deflection standards. Flat-size pieces Service, Domestic Mail Manual (DMM), mailed at saturation or high-density [Placeholder for new exhibit.] incorporated by reference in the Code of carrier route prices are not required to [Add new 1.8 to read as follows:] meet these deflection standards. Test Federal Regulations. See 39 CFR Part 1.8 Eligibility for Flat-Size Pieces Not deflection as follows: 111. Meeting Deflection Standards a. For pieces 10 inches or longer (see List of Subjects in 39 CFR Part 111 Exhibit 1.7a): Commercial flat-size mailpieces that Administrative practice and 1. Place the piece on a flat surface do not meet the deflection standards in procedure, Postal Service. with the address side facing up and the 1.7 must pay applicable prices as length perpendicular to the edge of the follows: Accordingly, 39 CFR Part 111 is surface, and extend the piece 5 inches a. First-Class Mail—price claimed: proposed to be amended as follows: off the edge of the surface. Test square 1. Automation flats: pay presorted flats prices. PART 111—[AMENDED] bound flats by placing the bound edge parallel to the edge. Turn the piece 2. Nonautomation flats: pay presorted 1. The authority citation for 39 CFR around 180 degrees and repeat the parcel prices or single-piece flats prices, Part 111 continues to read as follows: process. at the mailer’s option. 2. The piece is mailable at flat prices b. Periodicals—price claimed: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 1. Outside County noncarrier route 401, 403, 404, 414, 416, 3001–3011, 3201– if it does not droop more than 3 inches 3219, 3403–3406, 3621, 3622, 3626, 3632, vertically at either end. flats: pay nonmachinable flats piece 3633, and 5001. prices, as allowed under 707.26.0. Exhibit 1.7a Deflection Test—Flats 10 2. Outside County basic carrier route 2. Revise the following sections of Inches or Longer flats: pay 5-digit machinable flats piece Mailing Standards of the United States [Placeholder for new exhibit.] prices. Postal Service, Domestic Mail Manual b. For pieces less than 10 inches long 3. In-County noncarrier route flats: (DMM), as follows: (see Exhibit 1.7b): pay nonautomation flats piece prices. * * * * * 1. Place the piece on a flat surface 4. In-County basic carrier route flats: with the address side facing up and the pay 5-digit flats piece prices. 300 Commercial Mail Flats length perpendicular to the edge of the c. Standard Mail—price claimed: 301 Physical Standards surface, and extend the piece one-half of 1. Automation flats: pay 1.0 Physical Standards for Flats its length off the edge of the surface. nonautomation flats prices at same sort Test square bound flats by placing the level. * * * * * bound edge parallel to the edge. Turn 2. Nonautomation noncarrier route [Renumber current 1.7 as new 1.9. the piece around 180 degrees and repeat flats: pay mixed ADC flats prices Renumber current 301.3.2.3 in its the process. regardless of sort level. entirety as new 1.7, revise heading and 2. The piece is mailable at flat prices 3. Basic carrier route flats: pay 5-digit text to extend maximum deflection if it does not droop more than 2 inches nonautomation flats prices.

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d. Bound Printed Matter—parcel Proposal Twenty-six would change the 4. The Commission will determine the prices. methods used to estimate the Revenue, need for reply comments after review of e. In all cases above, pieces may Pieces, and Weight (RPW) values for the initial comments. remain sorted as per price originally Alaska Bypass mail and would not 5. The Commission appoints Emmett claimed, if otherwise eligible. affect the FY09 Annual Compliance Rand Costich and John Klingenberg as * * * * * Review (ACR). In the attachment Public Representatives to represent the We will publish an appropriate addressing Proposal Twenty-six that interests of the general public in this amendment to 39 CFR Part 111 to reflect accompanies the Petition, the Postal proceeding. these changes if our proposal is Service explains that the pricing 6. The Secretary shall arrange for adopted. methodology for Alaska Bypass mail publication of this notice in the Federal was changed from a piece system to a Register. Stanley F. Mires, palletized system (where the piece total By the Commission. Chief Counsel, Legislative. is the maximum number of 70 pound Judith M. Grady, [FR Doc. E9–29612 Filed 12–11–09; 8:45 am] pieces plus one for the remainder on Assistant Secretary. BILLING CODE 7710–12–P each pallet) as of May 11, 2009. Proposal Twenty-seven is triggered by [FR Doc. E9–29615 Filed 12–11–09; 8:45 am] a data collection change and would BILLING CODE 7710–FW–S POSTAL REGULATORY COMMISSION change the methodology used to estimate Carrier Sequence Barcode 39 CFR Part 3050 Sorter (CSBCS) productivity and would ENVIRONMENTAL PROTECTION AGENCY [Docket No. RM2010–5; Order No. 352] affect the FY 2009 Annual Compliance Report (ACR). Proposal Twenty-seven is 40 CFR Part 449 Periodic Reporting Rules a result of the discontinuation of Management Operating Data System [EPA–HQ–OW–2004–0038; FRL–9092–2] AGENCY: Postal Regulatory Commission. (MODS) operation numbers. The Postal RIN 2040–AE69 ACTION: Proposed rule; availability of Service proposes to replace the MODS rulemaking petition. productivity data with adjusted Effluent Guidelines and New Source throughput data from machine SUMMARY: Under a new law, the Postal Performance Standards for the Airport utilization reports. Service must file an annual compliance Deicing Category; Extension of Public Proposal Twenty-eight would remove Comment Period report on costs, revenues, rates, and all single-piece Parcel Post models from quality of service associated with its the FY 2009 ACR because the models AGENCY: Environmental Protection products. It recently filed documents are no longer required to support the Agency (EPA). with the Commission to change some of price structure, tied to the calculation of ACTION: Proposed rule. the methods it uses to compile a fiscal workshare cost avoidances, or SUMMARY: On August 28, 2009 (74 FR year report. In the Commission’s view, supported by data from existing 44676), EPA published a proposed rule these documents constitute a systems. rulemaking petition. Therefore, this The attachments to the Postal entitled ‘‘Effluent Limitation Guidelines document provides notice of the Postal Service’s Petition explain each proposal and New Source Performance Standards Service’s filing and an opportunity for in more detail, including its objective, for the Airport Deicing Category; public comment. background, impact, and an empirical Proposed Rule.’’ Written comments on DATES: Comments are due: December 17, example (comparing the changes in data the proposed rulemaking were to be 2009. reporting to the status quo). The submitted to EPA on or before December ADDRESSES: Submit comments Petition, including the attachments, are 28, 2009 (a 120-day public comment electronically via the Commission’s available for review on the period). Since publication, the Agency Filing Online system at http:// Commission’s Web site, http:// has received several requests for www.prc.gov. Commenters who cannot www.prc.gov. additional time to submit comments. submit their views electronically should Comments on Proposals Twenty-six EPA is extending the public comment contact the person identified in ‘‘FOR through Twenty-eight are due no later period until February 26, 2010. FURTHER INFORMATION CONTACT’’ than December 17, 2009. DATES: Comments must be received on by telephone for advice on alternatives Pursuant to 39 U.S.C. 505, Emmett or before February 26, 2010. to electronic filing. Rand Costich and John Klingenberg are ADDRESSES: Submit your comments, FOR FURTHER INFORMATION CONTACT: appointed as Public Representatives to identified by Docket ID No. EPA–HQ– Stephen L. Sharfman, General Counsel, represent the interests of the general OW–2004–0038 by one of the following 202–789–6820 or public in the above-captioned docket. methods: • [email protected]. It is ordered: http://www.regulations.gov: Follow 1. The Petition of the United States the on-line instructions for submitting SUPPLEMENTARY INFORMATION: On Postal Service Requesting Initiation of a comments. December 1, 2009, the Postal Service Proceeding to Consider Proposed • E-mail: OW–[email protected], filed a petition pursuant to 39 CFR Changes in Analytic Principles Attention Docket ID No. EPA–HQ–OW– 3050.11 to initiate an informal (Proposals Twenty-six-Twenty-eight), 2004–0038. rulemaking proceeding to consider filed December 1, 2009, is granted. • Mail: Water Docket, U.S. changes in the analytical methods 2. The Commission establishes Docket Environmental Protection Agency, Mail approved for use in periodic reporting.1 No. RM2010–5 to consider the matters Code: 4203M, 1200 Pennsylvania Ave., raised by the Postal Service’s Petition. NW., Washington, DC 20460. Attention 1 Petition of the United States Postal Service 3. Interested persons may submit Docket ID No. EPA–HQ–OW–2004– Requesting Initiation of a Proceeding to Consider comments on Proposals Twenty-six 0038. Please include a total of 3 copies. Proposed Changes in Analytic Principles (Proposals • Twenty-six-Twenty-eight), December 1, 2009 through Twenty-eight no later than Hand Delivery: Water Docket, EPA (Petition). December 17, 2009. Docket Center, EPA West Building

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Room 3334, 1301 Constitution Ave., If you send an e-mail comment directly restricted by statute. Certain other NW., Washington, DC, Attention Docket to EPA without going through http:// material, such as copyrighted material, ID No. EPA–HQ–OW–2004–0038. Such www.regulations.gov your e-mail will be publicly available only in hard deliveries are only accepted during the address will be automatically captured copy. Publicly available docket Docket’s normal hours of operation, and and included as part of the comment materials are available either special arrangements should be made that is placed in the public docket and electronically in http:// for deliveries of boxed information by made available on the Internet. If you www.regulations.gov or in hard copy at calling 202–566–2426. submit an electronic comment, EPA the Water Docket in the EPA Docket Instructions: Direct your comments to recommends that you include your Center, EPA/DC, EPA West, Room 3334, Docket No EPA–HQ–OW–2004–0038. name and other contact information in 1301 Constitution Ave., NW., EPA’s policy is that all comments the body of your comment and with any Washington, DC. The Public Reading received will be included in the public disk or CD–ROM you submit. If EPA docket without change and may be cannot read your comment due to Room is open from 8:30 a.m. to 4:30 made available online at http:// technical difficulties and cannot contact p.m., Monday through Friday, excluding www.regulations.gov, including any you for clarification, EPA may not be legal holidays. The telephone number personal information provided, unless able to consider your comment. for the Public Reading Room is 202– the comment includes information Electronic files should avoid the use of 566–1744, and the telephone number for claimed to be Confidential Business special characters, any form of the Water Docket is 202–566–2426. Information (CBI) or other information encryption, and be free of any defects or FOR FURTHER INFORMATION CONTACT: Eric whose disclosure is restricted by statute. viruses. Strassler, Engineering and Analysis Do not submit information that you Docket: All documents in the docket Division, telephone 202–566–1026; consider to be CBI or otherwise are listed in the http:// protected through http:// www.regulations.gov index. A detailed e-mail: [email protected]. www.regulations.gov or e-mail. The record index, organized by subject, is Dated: December 8, 2009. http://www.regulations.gov Web site is available on EPA’s Web site at http:// Peter S. Silva, an ‘‘anonymous access’’ system, which epa.gov/guide/airport. Although listed Assistant Administrator for Water. means EPA will not know your identity in the index, some information is not [FR Doc. E9–29688 Filed 12–11–09; 8:45 am] or contact information unless you publicly available, e.g., CBI or other provide it in the body of your comment. information whose disclosure is BILLING CODE 6560–50–P

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Notices Federal Register Vol. 74, No. 238

Monday, December 14, 2009

This section of the FEDERAL REGISTER Title: Public Attitudes, Beliefs, and or Web-based survey; and 200 for contains documents other than rules or Values about National Forest Systems telephone survey). proposed rules that are applicable to the Land Management. Estimated Annual Number of public. Notices of hearings and investigations, OMB Number: 0596–0205. Responses per Respondent: 1. committee meetings, agency decisions and Expiration Date of Approval: March Estimated Total Annual Burden on rulings, delegations of authority, filing of Respondents: 10,027 burden hours petitions and applications and agency 31, 2010. statements of organization and functions are Type of Request: Renewal. annually. examples of documents appearing in this Abstract: The intent of this collection Comment is invited on: (1) Whether section. is to obtain information on public this collection of information is attitudes, beliefs, and values toward necessary for the stated purposes and public land and public land use and the proper performance of the functions DEPARTMENT OF AGRICULTURE how those values are affected by public of the Agency, including whether the land management. In addition, the information will have practical or Forest Service information collected helps determine scientific utility; (2) the accuracy of the the acceptable tradeoffs in developing Agency’s estimate of the burden of the Information Collection; Public alternative management plans. Surveys collection of information, including the Attitudes, Beliefs, and Values About completed by the public and specific validity of the methodology and National Forest Systems Land stakeholder groups assist natural forest assumptions used; (3) ways to enhance Management land managers and planners with the quality, utility, and clarity of the information to be collected; and (4) AGENCY: Forest Service, USDA. scientifically credible information. This information is critical to planning and ways to minimize the burden of the ACTION: Notice; request for comment. implementing public policy related to collection of information on National forests in the Southwest respondents, including the use of SUMMARY: In accordance with the Region. Renewal of this authority will automated, electronic, mechanical, or Paperwork Reduction Act of 1995, the allow the USDA Forest Service to other technological collection Forest Service is seeking comments monitor changes in public attitudes, techniques or other forms of information from all interested individuals and beliefs, and values over time. technology. organizations on the extension of a Legal authority for this collection All comments received in response to currently approved information comes from the following sources: The this notice, including names and collection; Public Attitudes, Beliefs, and National Environmental Policy Act of addresses when provided, will be a Values about National Forest Systems 1969, the National Forest Management matter of public record. Comments will Land Management. Act of 1976, and the NFMA Planning be summarized and included in the DATES: Comments must be received in Rule. These authorities call for periodic request for Office of Management and writing on or before February 12, 2010 forest plan revision and planning Budget approval. to be assured of consideration. related to management policies and Dated: December 4, 2009. Comments received after that date will actions in the Southwest Region. The Ann Bartuska, be considered to the extent practicable. data collected are analyzed and Deputy Chief, Research and Development. ADDRESSES: Comments concerning this incorporated into these planning and [FR Doc. E9–29616 Filed 12–11–09; 8:45 am] notice should be addressed to Dr. Daniel decision making processes. Social BILLING CODE 3410–11–P W. McCollum, Rocky Mountain science and economic information Research Station, 2150–A Centre Ave., provide qualitative and quantitative Suite 350, Fort Collins, CO 80526. metrics to assist natural forest land DEPARTMENT OF AGRICULTURE Comments also may be submitted via managers in developing alternative facsimile to 970–295–5959 or by e-mail processes and in evaluating Food and Nutrition Service performance. to [email protected]. Emergency Food Assistance Program; The public may inspect comments Monitoring the public with survey instruments over time provides data to Availability of Foods for Fiscal Year received at Rocky Mountain Research 2010 Station, 2150–A Centre Ave., Suite 350, compare and evaluate changes in public Room 347, Fort Collins, CO, during attitudes, beliefs, and values related to AGENCY: Food and Nutrition Service, normal business hours. Visitors are national forest use and management. USDA. encouraged to call ahead to 970–295– Estimate of Annual Burden: 30 ACTION: Notice. 5951 to facilitate entry to the building. minutes for the Mail or Web-based survey; 8 minutes for the telephone SUMMARY: This notice announces the FOR FURTHER INFORMATION CONTACT: Dr. survey to non-respondents to mail and surplus and purchased foods that the Daniel W. McCollum, Rocky Mountain Web-based surveys. Department expects to make available Research Station, 970–295–5962. Type of Respondents: General public for donation to States for use in Individuals who use telecommunication within the administrative boundaries of providing nutrition assistance to the devices for the deaf (TDD) may call the the Forest Service Southwest Region, needy under The Emergency Food Federal Relay Service (FRS) at 1–800– Region 3 (New Mexico, Arizona, and a Assistance Program (TEFAP) in Fiscal 877–8339, 24 hours a day, every day of few counties in Texas and Oklahoma). Year (FY) 2010. The foods made the year, including holidays. Estimated Annual Number of available under this notice must, at the SUPPLEMENTARY INFORMATION: Respondents: 20,200 (up to 20,000 mail discretion of the State, be distributed to

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eligible recipient agencies for use in would like to point out that food Dated: December 3, 2009. preparing meals and/or for distribution acquisitions are based on changing Julia Paradis, to households for home consumption. agricultural market conditions; Administrator, Food and Nutrition Service. DATES: Effective Date: October 1, 2009. therefore, the availability of foods is [FR Doc. E9–29687 Filed 12–11–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: subject to change. BILLING CODE 3410–30–P Theresa Geldard, Policy Branch, Food Approximately $138.8 million in Distribution Division, Food and surplus foods acquired in FY 2009 are being delivered to States in FY 2010. Nutrition Service, U.S. Department of DEPARTMENT OF COMMERCE These foods include fluid and instant Agriculture, 3101 Park Center Drive, milk, lamb leg roasts and chops, walnut Alexandria, Virginia 22302–1594 or Submission for OMB Review; pieces, apple juice, blueberries, dried telephone (703) 305–2662. Comment Request cherries, dry great northern beans, SUPPLEMENTARY INFORMATION: In canned pork, frozen pork patties, apricot The Department of Commerce will accordance with the provisions set forth halves, applesauce, turkey deli meat, submit to the Office of Management and in the Emergency Food Assistance Act turkey roasts, and frozen turkey breasts. Budget (OMB) for clearance the of 1983 (EFAA), 7 U.S.C. 7501, et seq., following proposal for collection of Purchased Foods and the Food and Nutrition Act of 2008, information under the provisions of the 7 U.S.C. 2036, the Department makes In accordance with section 27 of the Paperwork Reduction Act (44 U.S.C. foods available to States for use in Food and Nutrition Act of 2008, 7 Chapter 35). providing nutrition assistance to those U.S.C. 2036, the Secretary is directed to Agency: National in need through TEFAP. In accordance purchase $248 million worth of foods in Telecommunications and Information with section 214 of the EFAA, 7 U.S.C. FY 2010 for distribution through Administration. 7515, 60 percent of each State’s share of TEFAP. These foods are made available Title: Public Telecommunications TEFAP foods is based on the number of to States in addition to those surplus Facilities Program (PTFP) Application people with incomes below the poverty foods which otherwise might be Information. level within the State and 40 percent on provided to States for distribution under OMB Control Number: 0660–0003. the number of unemployed persons TEFAP. Type of Review: Extension of within the State. State officials are For FY 2010, the Department currently approved collection. responsible for establishing the network anticipates purchasing the following Burden Hours: 23,830. through which the foods will be used by foods for distribution through TEFAP: Number of Respondents: 300. eligible recipient agencies (ERA) in dehydrated potatoes, dried plums, Average Hours per Response: 75 providing nutrition assistance to those raisins, frozen ground beef, frozen hours for online applications; and 84 in need, and for allocating foods among whole chicken, frozen ham, frozen hours for printed applications. In every those agencies. States have full turkey roast, blackeye beans, garbanzo grant cycle, applicants under serious discretion in determining the amount of beans, great northern beans, light kidney consideration for funding are required foods that will be made available to beans, lentils, lima beans, pinto beans, to submit revised information, 4 hours ERAs for use in preparing meals and/or egg mix, shell eggs, lowfat bakery mix, for information completed online; and 7 for distribution to households for home egg noodles, white and yellow corn hours for printed material. consumption. grits, spaghetti, macaroni, oats, peanut Needs and Uses: The PTFP is a The types of foods the Department butter, roasted peanuts, rice, whole competitive grant-making program that expects to make available to States for grain rotini, vegetable oil, ultra high operates an annual application review distribution through TEFAP in FY 2010 temperature fluid 1 percent milk, bran process. The grant proposals describe are described below. flakes, corn flakes, oat cereal, rice unique projects intended to provide cereal, corn cereal, and corn and rice broadcasting or telecommunications Surplus Foods cereal; and the following canned items: services to the general public. The Surplus foods donated for distribution green beans, blackeye beans, low collected information is used to under TEFAP are Commodity Credit sodium kidney beans, refried beans, low determine which projects are funded. Corporation (CCC) foods purchased sodium vegetarian beans, carrots, cream Affected Public: Not-for-profit under the authority of section 416 of the corn, whole kernel corn, peas, sliced institutions; state, local, or tribal Agricultural Act of 1949, 7 U.S.C. 1431 potatoes, pumpkin, low sodium government. (section 416) and foods purchased spaghetti sauce, spinach, sweet Frequency: Annually. under the surplus removal authority of potatoes, tomatoes, diced tomatoes, low Respondent’s Obligation: Required to section 32 of the Act of August 24, 1935, sodium tomato sauce, mixed vegetables, obtain or retain benefits. 7 U.S.C. 612c (section 32). The types of reduced sodium tomato soup, reduced OMB Desk Officer: Nicholas Fraser, foods typically purchased under section sodium vegetable soup, apple juice, (202) 395–5887. 416 include dairy, grains, oils, and cherry apple juice, cran-apple juice, Copies of the above information peanut products. The types of foods grape juice, grapefruit juice, orange collection proposal can be obtained by purchased under section 32 include juice, tomato juice, apricots, applesauce, calling or writing Diana Hynek, meat, poultry, fish, vegetables, dry mixed fruit, freestone and cling peaches, Departmental Paperwork Clearance beans, juices, and fruits. pears, beef, beef stew, chicken, pork, Officer, (202) 482–0266, Department of In FY 2010, the Department and salmon. The amounts of each item Commerce, Room 7845, 1401 anticipates that there will be sufficient purchased will depend on the prices the Constitution Avenue, NW., Washington, quantities of tomato and mushroom Department must pay, as well as the DC 20230 (or via the Internet at soups, ultra high temperature fluid 1 quantity of each item requested by the [email protected]). percent milk, and instant milk to States. Changes in agricultural market Written comments and support the distribution of these foods conditions may result in the availability recommendations for the proposed through TEFAP. Other surplus foods of additional types of foods or the non- information collection should be sent may be made available to TEFAP availability of one or more types listed within 30 days of publication of this throughout the year. The Department above. notice to Nicholas Fraser, OMB Desk

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Officer, FAX number (202) 395–5806 or Information Service (NTIS), National burden of the collection of information via the Internet at Telecommunications and Information on respondents, e.g., the use of [email protected]. Agency (NTIA), and other programs, automated collection techniques or Dated: December 8, 2009. assists reliable, capable individuals and other forms of information technology. Gwellnar Banks, firms in pursuit of various business Comments submitted in response to this development, business enterprise notice will be summarized and/or Management Analyst, Office of the Chief Information Officer. development and other forms of included in the request for OMB economic development. The CD–346 is approval of this information collection; [FR Doc. E9–29595 Filed 12–11–09; 8:45 am] used to assist programs and grants they also will become a matter of public BILLING CODE 3510–60–P administration officials in determining record. the fiscal responsibility and financial Dated: December 9, 2009. DEPARTMENT OF COMMERCE integrity of principal officers and Gwellnar Banks, employees of organizations, firms, and Management Analyst, Office of the Chief Office of the Secretary other entities which are recipients or Information Officer. beneficiaries of grants, cooperative [FR Doc. E9–29696 Filed 12–11–09; 8:45 am] Proposed Information Collection; agreements, loans, loan guarantees or Comment Request; Applicant for other forms of federal financial BILLING CODE 3510–03–P Funding Assistance assistance. The CD–346 is also completed, when DEPARTMENT OF COMMERCE AGENCY: Office of the Secretary, Chief required, by grant recipients. Through Financial Officer and Assistant the name check process, background Bureau of Industry and Security Secretary for Administration. information is collected on key ACTION: Notice. individuals associated with proposed Proposed Information Collection; financial assistance (grants, cooperative Comment Request; Licensing SUMMARY: The Department of Commerce agreements, loans and loan guarantees) (DOC), as part of its continuing effort to Exemptions and Exclusions recipient organizations. The name check reduce paperwork and respondent identifies those principals affiliated AGENCY: Bureau of Industry and burden, invites the general public and with proposed recipient organizations Security. other Federal agencies to comment on who have been convicted of, or are ACTION: Notice. the continuing and proposed presently facing, criminal charges or are information collection, as required by SUMMARY: The Department of under investigation for fraud, theft, the Paperwork Reduction Act of 1995. Commerce, as part of its continuing perjury or other matters which have effort to reduce paperwork and DATES: Written comments must be significant impact on questions of respondent burden, invites the general submitted on or before February 12, management honesty or financial public and other Federal agencies to 2010. integrity. take this opportunity to comment on ADDRESSES: Direct all written comments II. Method of Collection proposed and/or continuing information to Diana Hynek, Departmental collections, as required by the Paperwork Clearance Officer, The information is submitted on Paperwork Reduction Act of 1995. Department of Commerce, Room 7845, paper forms. DATES: Written comments must be 1401 Constitution Avenue, NW., III. Data Washington, DC 20230 (or via Internet submitted on or before February 12, at [email protected]). OMB Control Number: 0605–0001. 2010. Form Number: CD–346. FOR FURTHER INFORMATION CONTACT: ADDRESSES: Direct all written comments Type of Review: Regular submission. to Diana Hynek, Departmental Requests for additional information or Affected Public: Business or other for- Paperwork Clearance Officer, copies of the information collection profit organizations; not-for-profit Department of Commerce, Room 7845, instrument and instructions should be institutions; 14th and Constitution Avenue, NW., directed to Grants Management Estimated Number of Respondents: Washington, DC 20230 (or via the Division, Office of Acquisition 2,500. Management, Gary Johnson, Grants Estimated Time per Response: 15 Internet at [email protected]). Director, (202) 482–1679 or via e-mail minutes. FOR FURTHER INFORMATION CONTACT: [email protected]. Estimated Total Annual Respondent Requests for additional information or SUPPLEMENTARY INFORMATION: Burden Hours: 625. copies of the information collection Estimated Total Annual Respondent instrument and instructions should be I. Abstract Cost Burden: $0. directed to Larry Hall, BIS ICB Liaison, The sponsorship of this information (202)482–4895, [email protected]. IV. Request for Comments collection was previously maintained by SUPPLEMENTARY INFORMATION: the Department of Commerce’s (DOC) Comments are invited on: (a) Whether Office of Inspector General. This the proposed collection of information I. Abstract sponsorship is presently in the DOC is necessary for the proper performance This collection of information Office of Acquisition Management, of the functions of the agency, including consolidates ten (10) existing BIS Grants Management Division. whether the information will have information collections into one new The DOC, through its bureaus, the practical utility; (b) the accuracy of the collection. These existing collections Economic Development Administration agency’s estimate of the burden implement export licensing exceptions (EDA), Minority Business Development (including hours and cost) of the or exclusions in which an exporter may Agency (MBDA), International Trade proposed collection of information; (c) chose to exchange a requirement to Administration (ITA), National Oceanic ways to enhance the quality, utility, and obtain an individual validated export and Atmospheric Administration clarity of the information to be license with a reporting and/or (NOAA), National Technical collected; and (d) ways to minimize the recordkeeping requirement. All of these

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exclusions and exceptions are designed agency’s estimate of the burden chlorinated isocyanurates from the PRC. to reduce burden in collection, OMB (including hours and cost) of the See Chlorinated Isocyanurates from the Control No. 0694–0088, ‘‘Simplified proposed collection of information; (c) People’s Republic of China: Preliminary Network Application Process & ways to enhance the quality, utility, and Results of Antidumping Duty Multipurpose Application Form.’’ The clarity of the information to be Administrative Review, 74 FR 27104 existing collections authorities that will collected; and (d) ways to minimize the (June 8, 2009) (‘‘Preliminary Results’’). be consolidated are: burden of the collection of information On June 29, 2009, Clearon Corporation OMB 0694–0023 Written Assurances on respondents, including through the (‘‘Clearon’’) and Occidental Chemical for Exports of Technical Data under use of automated collection techniques Corporation (‘‘Petitioners’’), Petitioners License Exception TSR. or other forms of information in the underlying investigation, and OMB 0694–0025 Short Supply— technology. Hebei Jiheng Chemical Corporation, Ltd. Unprocessed Western Red Cedar. Comments submitted in response to (‘‘Jiheng’’) provided additional OMB 0694–0029 License Exception this notice will be summarized and/or information on the appropriate TMP: Special Requirements. included in the request for OMB surrogate values to use as a means of OMB 0694–0033 Humanitarian approval of this information collection; valuing the factors of production. On Donations. they also will become a matter of public July 8, 2009, the Department received a OMB 0694–0086 Report of Sample record. request for a hearing from Petitioners. Shipments of Chemical Weapons Dated: December 9, 2009. On July 13, 2009, the Department received a case brief from Petitioners. Precursors. Gwellnar Banks, OMB 0694–0101 One-time Report For On July 20, 2009, the Department Foreign Software or Technology Management Analyst, Office of the Chief received a rebuttal brief from Jiheng. On Information Officer. Eligible For De Minimis Exclusion. July 27, 2009, Petitioners withdrew their OMB 0694–0104 Commercial [FR Doc. E9–29702 Filed 12–11–09; 8:45 am] request for a public hearing. On October Encryption Items under the BILLING CODE 3510–33–P 30, 2009, the Department placed Jurisdiction of the Department of additional surrogate value information Commerce. on the record of this review for steam DEPARTMENT OF COMMERCE OMB 0694–0106 Recordkeeping coal. On November 3, 2009, the Requirements under the Wassenaar International Trade Administration Department received comments from Arrangement. Jiheng on the additional surrogate value OMB 0694–0123 Prior Notification of [A–570–898] information. We have conducted this Exports under License Exception administrative review in accordance AGR. Chlorinated Isocyanurates from the with section 751 of the Tariff act of OMB 0694–0133 Thermal Imaging People’s Republic of China: Final 1930, as amended (‘‘the Act’’), and 19 Camera Reporting. Results of Antidumping Duty CFR 351.213. Administrative Review The consolidation of these collections Scope of the Order will reduce the cost of renewing ten AGENCY: Import Administration, The products covered by this order individual collections every three years International Trade Administration, are chlorinated isocyanurates, as and also make it easier to add additional Department of Commerce. exclusions and exceptions as revisions described below: Chlorinated DATES: Effective Date: December 14, isocyanurates are derivatives of to an existing collection. BIS will 2009. cyanuric acid, described as chlorinated discontinue the above collections when SUMMARY: The Department of Commerce s–triazine triones. There are three this new collection is approved. (‘‘the Department’’) is conducting an primary chemical compositions of II. Method of Collection administrative review of the chlorinated isocyanurates: (1) antidumping duty order on chlorinated Submitted electronically or in paper trichloroisocyanuric acid (Cl3(NCO)3), isocyanurates from the People’s (2) sodium dichloroisocyanurate form. Republic of China (‘‘PRC’’) covering the (dihydrate) (NaCl2(NCO)3•2H2O), and III. Data period June 1, 2007, through May 31, (3) sodium dichloroisocyanurate 2008. We invited interested parties to OMB Control Number: None. (anhydrous) (NaCl2(NCO)3). Chlorinated comment on our preliminary results. isocyanurates are available in powder, Form Number(s): None. Based on our analysis of the comments Type of Review: Regular submission. granular, and tableted forms. This order received, we have made changes to our Affected Public: Business or other for- covers all chlorinated isocyanurates. margin calculations. Therefore, the final profit organizations. Chlorinated isocyanurates are Estimated Number of Respondents: results differ from the preliminary currently classifiable under subheadings 2,121. results. 2933.69.6015, 2933.69.6021, Estimated Time per Response: 15 FOR FURTHER INFORMATION CONTACT: 2933.69.6050, 3808.40.50, 3808.50.40 minutes to 60 hours. Brandon Petelin or Charles Riggle, AD/ and 3808.94.50.00 of the Harmonized Estimated Total Annual Burden CVD Operations, Office 8, Import Tariff Schedule of the United States Hours: 14,576. Administration, International Trade (‘‘HTSUS’’). The tariff classification Estimated Total Annual Cost to Administration, U.S. Department of 2933.69.6015 covers sodium Public: $0. Commerce, 14th Street and Constitution dichloroisocyanurates (anhydrous and Avenue, NW, Washington, DC 20230; dehydrate forms) and IV. Request for Comments telephone: (202) 482–8173 or (202) 482– trichloroisocyanuric acid. The tariff Comments are invited on: (a) Whether 0650, respectively. classifications 2933.69.6021 and the proposed collection of information 2933.69.6050 represent basket categories is necessary for the proper performance Background that include chlorinated isocyanurates of the functions of the agency, including On June 8, 2009, the Department and other compounds including an whether the information shall have published its preliminary results of unfused triazine ring. Although the practical utility; (b) the accuracy of the review of the antidumping order on HTSUS subheadings are provided for

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convenience and customs purposes, the Results: Hebei Jiheng Chemical Notification of Interested Parties written description of the scope of this Company, Ltd.,’’ dated concurrently order is dispositive. with this notice. This notice also serves as a final reminder to importers of their We revised the electricity calculation Analysis of Comments Received responsibility under 19 CFR used in the Preliminary Results by using All issues raised in the post– 351.402(f)(2) to file a certificate updated electricity data from the Central preliminary comments by parties in this regarding the reimbursement of review are addressed in the Electricity Authority, an administrative body of the government of India, as antidumping duties prior to liquidation memorandum from John M. Andersen, of the relevant entries during this Acting Deputy Assistant Secretary for published in the March 2008 report titled Electricity Tariff & duty and review period. Failure to comply with Antidumping and Countervailing Duty this requirement could result in the Operations, to Carole A. Showers, average rates of electricity supply in India. See Attachment 6B of Jiheng’s Secretary’s presumption that Acting Deputy Assistant Secretary for reimbursement of the antidumping Import Administration, ‘‘Issues and June 29, 2009, Surrogate Value duties occurred and the subsequent Decision Memorandum for the 2007– Submission and the Final Surrogate assessment of double antidumping 2008 Administrative Review of Value Memorandum. duties. This notice also serves as a Chlorinated Isocyanurates from the Final Results of Review People’s Republic of China,’’ (‘‘Issues reminder to parties subject to and Decision Memorandum’’) dated We determined that the following administrative protective orders concurrently with this notice, which is dumping margin exists for the period (‘‘APOs’’) of their responsibility hereby adopted by this notice. A list of June 1, 2007, through May 31, 2008. concerning the return or destruction of the issues that parties raised and to proprietary information disclosed under which we responded in the Issues and Exporter Weighted–Average APO in accordance with 19 CFR Decision Memorandum is attached to Margin Percentage 351.305, which continues to govern business proprietary information in this this notice as an appendix. The Issues Jiheng ...... 20.16 and Decision Memorandum is a public segment of the proceeding. Timely document and is on file in the Central written notification of the return/ Assessment Rates Records Unit (‘‘CRU’’) in room 1117 in destruction of APO materials or the main Commerce Department The Department intends to issue conversion to judicial protective order is building, and is also accessible on the assessment instructions to U.S. Customs hereby requested. Failure to comply Web at http://ia.ita.doc.gov/frn. The and Border Protection (‘‘CBP’’) 15 days with the regulations and terms of an paper copy and electronic version of the after the date of publication of these APO is a violation that is subject to memorandum are identical in content. final results of review. In accordance sanction. Changes Since the Preliminary Results with 19 CFR 351.212(b)(1), we have We are issuing and publishing these calculated importer–specific assessment Based on our analysis of comments final results of review and notice in rates for merchandise subject to this received, we have made changes in the accordance with sections 751(a) and review. margin calculations for Jiheng. See 777(i) of the Act. Issues and Decision Memorandum at Cash Deposit Requirements Dated: December 7, 2009. Comments 1–5. Carole A. Showers, We revised the steam coal surrogate The following deposit requirements value from the Preliminary Results. For will be effective upon publication of Acting Deputy Assistant Secretary for Import these final results, we have relied on this notice of final results of Administration. data for categories B and C steam coal administrative review for all shipments Appendix from both the 2004 and 2007 Coal India of subject merchandise entered, or Ltd. publications. See Issues and withdrawn from warehouse, for List of Comments and Issues in the Issues Decision Memorandum at Comment 2 consumption on or after the date of and Decision Memorandum and ‘‘Surrogate Value Memorandum: publication, as provided by section Surrogate Values 751(a)(2)(C) of the Act: (1) for subject Final Results of the 2007–2008 Comment 1: Surrogate Value for Urea Administrative Review of the merchandise exported by Jiheng, the cash deposit rate will be 20.16 percent; Comment 2: Surrogate Value for Steam Antidumping Duty Order on Coal Chlorinated Isocyanurates from the (2) for previously reviewed or investigated exporters not listed above Comment 3: Financial Ratios People’s Republic of China,’’ (‘‘Final Comment 4: Surrogate Value for that have separate rates, the cash Surrogate Value Memorandum’’) dated Anhydrous Ammonia concurrently with this notice. deposit rate will continue to be the We revised the financial ratio exporter–specific rate published for the Company Specific Issues calculations using financial statements most recent period; (3) for all PRC Jiheng from Kanoria Chemicals and Industries exporters of subject merchandise, which have not been found to be entitled to a Comment 5: Clerical Error – By Product Limited for the year ended March 31, Offset 2008. See Issues and Decision separate rate, the cash deposit rate will [FR Doc. E9–29731 Filed 12–11–09; 8:45 am] Memorandum at Comment 3 and the be the PRC–wide rate of 285.63 percent; Final Surrogate Value Memorandum, and (4) for all non–PRC exporters of BILLING CODE 3510–DS–S dated concurrently with this notice. subject merchandise that have not We corrected certain ministerial received their own rate, the cash deposit errors in the calculations for the rate will be the rate applicable to the Preliminary Results. See Issues and PRC exporter that supplied that non– Decision Memorandum at Comment 5 PRC exporter. These deposit and Memorandum to the File titled requirements shall remain in effect until ‘‘Analysis Memorandum for the Final further notice.

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DEPARTMENT OF COMMERCE a hearing on November 20, 2008, in 1.5 percent or more, by weight, of the which all interested parties participated. following alloying elements: aluminum, International Trade Administration manganese, zinc, silicon, thorium, Verification zirconium and rare earths. [A–570–832] As provided in section 782(i) of the Excluded from the scope of this order Tariff Act of 1930, as amended (‘‘the are alloy primary magnesium (that Pure Magnesium from the People’s Act’’), we verified the information meets specifications for alloy Republic of China: Final Results of submitted by TMI for use in our final magnesium), primary magnesium Antidumping Duty Administrative results of review.5 We used standard anodes, granular primary magnesium Review verification procedures, including (including turnings, chips and powder) examination of relevant accounting and having a maximum physical dimension AGENCY: Import Administration, production records, as well as original (i.e., length or diameter) of one inch or International Trade Administration, source documents provided by TMI. less, secondary magnesium (which has Department of Commerce. pure primary magnesium content of less SUMMARY: On June 8, 2009, the Period of Review than 50 percent by weight), and Department published its preliminary The POR is May 1, 2007, through remelted magnesium whose pure results in the antidumping duty April 30, 2008. primary magnesium content is less than administrative review of pure 1 Scope of the Order 50 percent by weight. magnesium from the PRC. The period Pure magnesium products covered by of review (‘‘POR’’) for the administrative Merchandise covered by this order is this order are currently classifiable review is May 1, 2007, through April 30, pure magnesium regardless of under Harmonized Tariff Schedule of 2008. We have determined that Tianjin chemistry, form or size, unless expressly the United States (HTSUS) subheadings Magnesium International Co., Ltd. excluded from the scope of this order. 8104.11.00, 8104.19.00, 8104.20.00, (‘‘TMI’’), the only respondent in this Pure magnesium is a metal or alloy 8104.30.00, 8104.90.00, 3824.90.11, review, made sales in the United States containing by weight primarily the 3824.90.19 and 9817.00.90. Although at prices below normal value (‘‘NV’’). element magnesium and produced by the HTSUS subheadings are provided There are no other respondents covered decomposing raw materials into for convenience and customs purposes, by this review. We invited interested magnesium metal. Pure primary our written description of the scope is parties to comment on our preliminary magnesium is used primarily as a dispositive. results in this review. Based on our chemical in the aluminum alloying, analysis of the comments we received in desulfurization, and chemical reduction Separate Rate the administrative review, we made industries. In addition, pure magnesium In the Preliminary Results, we certain changes to our Preliminary is used as an input in producing determined that TMI met the criteria for Results. The final dumping margins for magnesium alloy. Pure magnesium the application of a separate this review are listed in the ‘‘Final encompasses products (including, but antidumping duty rate.6 We have Results Margins’’ section below. not limited to, butt ends, stubs, crowns continued to grant TMI a separate rate EFFECTIVE DATE: December 14, 2009. and crystals) with the following primary because we have not received any magnesium contents: (1) Products that FOR FURTHER INFORMATION CONTACT: information since the Preliminary contain at least 99.95 percent primary Eugene Degnan, AD/CVD Operations, Results which would warrant magnesium, by weight (generally reconsideration of our separate–rate Office 8, Import Administration, referred to as ‘‘ultra pure’’ magnesium); International Trade Administration, determination. Therefore, we have (2) Products that contain less than 99.95 assigned an individual antidumping U.S. Department of Commerce, 14th percent but not less than 99.8 percent Street and Constitution Avenue, NW, duty margin to TMI for this review primary magnesium, by weight period. Washington, DC 20230; telephone: (202) (generally referred to as ‘‘pure’’ 482–0414, respectively. magnesium); and (3) Products that Analysis of Comments Received Background contain 50 percent or greater, but less All issues raised in the case and than 99.8 percent primary magnesium, The Department published its rebuttal briefs by parties in this review 2 by weight, and that do not conform to are addressed in the memorandum from preliminary results on June 8, 2009. We ASTM specifications for alloy invited parties to comment on the John M. Andersen, Acting Deputy magnesium (generally referred to as Assistant Secretary, for Antidumping Preliminary Results. We received ‘‘off–specification pure’’ magnesium). 3 and Countervailing Duty Operations to comments from Petitioner, TMI and ‘‘Off–specification pure’’ magnesium Alcoa Inc., a U.S. consumer of pure Carole A. Showers, Acting Deputy is pure primary magnesium containing Assistant Secretary for Import magnesium. Interested parties submitted magnesium scrap, secondary case and rebuttal briefs on July 17 and Administration, ‘‘Issues and Decision magnesium, oxidized magnesium or Memorandum for the Final Results of July 23, 2008, respectively. On impurities (whether or not intentionally September 29, 2008, the Department the Antidumping Duty Administrative added) that cause the primary Review of Pure Magnesium from the extended the deadline for the final magnesium content to fall below 99.8 results to December 8, 2008.4 We held People’s Republic of China,’’ dated percent by weight. It generally does not December 7, 2009, which is hereby contain, individually or in combination, adopted by this notice (‘‘Issues and 1 See Pure Magnesium from the People’s Republic Decision Memorandum’’). A list of the of China: Preliminary Results of Antidumping Duty 5 See Memorandum to Wendy J. Frankel, Administrative Review, 74 FR 27090 (June 8, 2009) ‘‘Verification of the Sales and Factors Responses of issues which parties raised and to (‘‘Preliminary Results’’). Tianjin Magnesium International, Ltd. in the 2007- which we respond in the Issues and 2 See Preliminary Results. 2008 Administrative Review of the Antidumping Decision Memorandum is attached to 3 United States Magnesium LLC. Duty Order on Pure Magnesium from the People’s this notice as an Appendix. The Issues 4 See Pure Magnesium From the People’s Republic of China, (‘‘TMI Verification Report’’)’’ Republic of China: Extension of Time for the Final dated November 4, 2009, on the record of this and Decision Memorandum is a public Results of the Antidumping Duty Administrative review Central Records Unit (‘‘CRU’’), Room 1117 Review, 74 FR 48904 (September 24, 2009). of the main Department building. 6 See Preliminary Results, 74 FR at 27092-3.

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document and is on file in the CRU, Assessment Rates APO materials or conversion to judicial Main Commerce Building, Room 1117, The Department will determine, and protective order is hereby requested. and is accessible on the Web at http:// U.S. Customs and Border Protection Failure to comply with the regulations ia.ita.doc.gov/frn/. The paper copy and (‘‘CBP’’) shall assess, antidumping and terms of an APO is a violation that electronic version of the memorandum duties on all appropriate entries. The is subject to sanctions. We are issuing and publishing these are identical in content. Department intends to issue assessment final results of administrative review instructions to CBP 15 days after the Changes Since the Preliminary Results and notice in accordance with sections date of publication of these final results Based on the results of the verification 751(a)(1) and 777(i)(1) of the Act. of administrative review. and an analysis of the comments Dated: December 7, 2009. received, the Department has assigned a Cash Deposit Requirements Carole A. Showers, margin based on adverse facts available The following cash deposit 7 Acting Deputy Assistant Secretary for Import (‘‘AFA’’), to TMI for these final results. requirements will be effective upon Administrtation. Use of Facts Available publication of these final results of Appendix I administrative review for all shipments The Department has determined that of the subject merchandise entered, or List of Issues the information to construct an accurate withdrawn from warehouse, for Comment 1: Application of Facts Available and otherwise reliable margin is not consumption on or after the publication with Adverse Inferences to TMI available on the record with respect to date, as provided for by section Comment 2: Reconciliation of TMI’s TMI because TMI’s producers withheld 751(a)(2)(C) of the Act: 1) for the Financial Statements information that had been requested, exporter listed above, the cash deposit Comment 3: Amended Preliminary Results based on Verification significantly impeded this proceeding, rate will be the rate shown for that and provided information that could not Comment 4: Sulfur and Dolomite company; 2) for previously investigated Comment 5: By–product Cement Clinker be verified, pursuant to sections or reviewed PRC and non–PRC 776(a)(1) and (2)(A), (C) and (D) of the Comment 6: By–product Waste Magnesium 8 exporters not listed above that have Comment 7: Surrogate Values for No. 2 Flux of Act. As a result, the Department has separate rates, the cash deposit rate will Comment 8: Surrogate Values for Coal determined to apply the facts otherwise Comment 9: Surrogate Financial Statements 9 continue to be the exporter–specific rate available. Further, because the published for the most recent period; 3) Comment 10: China Wage Rate Department finds that TMI’s producers for all PRC exporters of subject have failed to cooperate to the best of [FR Doc. E9–29727 Filed 12–11–09; 8:45 am] merchandise which have not been BILLING CODE 3510–DS–S their ability, pursuant to section 776(b) found to be entitled to a separate rate, of the Act, the Department has the cash deposit rate will be the PRC– determined to use an adverse inference wide rate of 108.26 percent; and 4) for DEPARTMENT OF COMMERCE when applying facts available in this 10 all non–PRC exporters of subject review. As AFA, the Department is merchandise which have not received International Trade Administration applying a rate of 111.73, which is the their own rate, the cash deposit rate will [C–570–953] highest calculated rate on the record of be the rate applicable to the PRC any segment of the proceeding.11 In exporters that supplied that non–PRC Narrow Woven Ribbons with Woven accordance with section 776(b) of the exporter. These deposit requirements Selvedge from the People’s Republic Act, the Department has corroborated shall remain in effect until further of China: Preliminary Affirmative this rate to the extent practicable.12 notice. Countervailing Duty Determination and Final Results Margins Notification of Interested Parties Alignment of Final Countervailing Duty We determine that the following Determination with Final Antidumping This notice also serves as a final Duty Determination weighted–average percentage margins reminder to importers of their exist for the POR: responsibility under 19 CFR AGENCY: Import Administration, 351.402(f)(2) to file a certificate International Trade Administration, PURE MAGNESIUM FROM THE PRC regarding the reimbursement of Department of Commerce. antidumping duties prior to liquidation SUMMARY: The Department of Commerce Weighted–Average preliminarily determines that Exporter Margin (Percent) of the relevant entries during this review period. Failure to comply with countervailable subsidies are being TMI ...... 111.73 Percent this requirement could result in the provided to producers and exporters of Secretary’s presumption that narrow woven ribbons with woven reimbursement of the antidumping selvedge from the People’s Republic of 7 For a complete discussion of the basis for, and duties occurred and the subsequent China. For information on the estimated application of, AFA with respect to TMI in this assessment of double antidumping subsidy rates, see the ‘‘Suspension of review, see the Issues and Decision Memorandum Liquidation’’ section of this notice. at Comment 1, and the Memorandum to the File, duties. ‘‘Application of Adverse Facts Available for Tianjin This notice also serves as a reminder EFFECTIVE DATE: December 14, 2009. Magnesium International, Ltd. in the Review of to parties subject to administrative FOR FURTHER INFORMATION CONTACT: Pure Magnesium from the People’s Republic of Scott Holland or Anna Flaaten, AD/CVD China (‘‘AFA Memorandum’’),’’ dated December 7, protective orders (‘‘APOs’’) of their 2009. responsibility concerning the return or Operations, Office 1, Import 8 See AFA Memorandum at 12-13. destruction of proprietary information Administration, International Trade 9 Id. disclosed under the APO in accordance Administration, U.S. Department of 10 Id. at 13-14. with 19 CFR 351.305(a)(3), which Commerce, 14th Street and Constitution 11 See Pure Magnesium From the People’s continues to govern business Avenue, NW, Washington, DC 20230; Republic of China: Final Results of Antidumping telephone: (202) 482–1279 or (202) 482– Duty Administrative Review, 73 FR 76336 proprietary information in this segment (December 16, 2008) (‘‘Pure Magnesium 06-07’’). of the proceeding. Timely written 5156, respectively. 12 See AFA Memorandum at 17-19. notification of the return/destruction of SUPPLEMENTARY INFORMATION:

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Case History 2009). We sent supplemental The Department is currently The following events have occurred questionnaires to the GOC and Yama, on evaluating the comments submitted by since the publication of the Department October 30 and November 19, 2009. We the interested parties and will issue its of Commerce’s (‘‘Department’’) notice of received responses to the supplemental decision regarding the scope of the initiation in the Federal Register. See questionnaires from Yama on November investigations prior to the preliminary Narrow Woven Ribbons With Woven 13, 2009 and November 23, 2009. See determinations in the companion AD Selvedge From the People’s Republic of Yama’s 1st Supplemental Questionnaire investigations due on February 4, 2010. Response (November 13, 2009) China: Initiation of Countervailing Duty Scope of the Investigation Investigation, 74 FR 39298 (August 6, (‘‘YSQR1’’) and Yama’s 2nd 2009) (‘‘Initiation Notice’’), and the Supplemental Questionnaire Response The merchandise subject to the accompanying Initiation Checklist.1 (November 23, 2009) (‘‘YSQR2’’). We investigation is narrow woven ribbons On August 25, 2009, the Department received a response from the GOC to the with woven selvedge, in any length, but selected two Chinese producers/ October 30, 2009, supplemental with a width (measured at the narrowest exporters of narrow woven ribbons with questionnaire on November 9, 2009. See span of the ribbon) less than or equal to woven selvedge (‘‘Woven Ribbons’’) as GOC’s 1st Supplemental Questionnaire 12 centimeters, composed of, in whole mandatory respondents, Yama Ribbons Response (November 9, 2009). On or in part, man–made fibers (whether and Bows Co., Ltd. (‘‘Yama’’) and November 25, 2009, the GOC requested artificial or synthetic, including but not Changtai Rongshu Textile Co., Ltd. an extension of seven days to respond limited to nylon, polyester, rayon, (‘‘Changtai’’). See Memorandum to to the Department’s November 19, 2009, polypropylene, and polyethylene Edward C. Yang, Senior Enforcement supplemental questionnaire, originally teraphthalate), metal threads and/or Coordinator for the China NME Unit for due December 1, 2009. The Department metalized yarns, or any combination Import Administration, ‘‘Respondent granted the GOC’s request in full. thereof. Narrow woven ribbons subject Therefore, the GOC’s response is due to the investigation may: Selection Memo’’ (August 25, 2009). • This memorandum is on file in the December 8, 2009. also include natural or other non– On October 30, 2009, Berwick Offray man-made fibers; Department’s CRU. • On September 8, 2009, the U.S. LLC and its wholly–owned subsidiary be of any color, style, pattern, or International Trade Commission (‘‘ITC’’) Lion Ribbon Company Inc. (collectively, weave construction, including but issued its affirmative preliminary ‘‘Petitioner’’) requested that the final not limited to single–faced satin, determination that there is a reasonable determination of this CVD investigation double–faced satin, grosgrain, be aligned with the final determination indication that an industry in the sheer, taffeta, twill, jacquard, or a in the companion antidumping duty United States is threatened with combination of two or more colors, (‘‘AD’’) investigation in accordance with material injury by reason of allegedly styles, patterns, and/or weave section 705(a)(1) of the Tariff Act of subsidized imports of Woven Ribbons constructions; 1930, as amended (the ‘‘Act’’). • have been subjected to, or composed from the People’s Republic of China of materials that have been (‘‘PRC’’). See Narrow Woven Ribbons Scope Comments subjected to, various treatments, With Woven Selvedge From China and In accordance with the preamble to including but not limited to dyeing, Taiwan, Investigation Nos. 701–TA–467 the Department’s regulations, we set printing, foil stamping, embossing, and 731–TA–1164–1165, 74 FR 46224 aside a period of time in our Initiation flocking, coating, and/or sizing; (September 8, 2009). Notice for parties to raise issues • have embellishments, including but On August 26, 2009, we issued the regarding product coverage, and not limited to applique´, fringes, countervailing duty (‘‘CVD’’) encouraged all parties to submit embroidery, buttons, glitter, questionnaires to the Government of the comments within 20 calendar days of sequins, laminates, and/or adhesive People’s Republic of China (‘‘GOC’’), publication of that notice. See backing; Yama, and Changtai. Antidumping Duties; Countervailing • have wire and/or monofilament in, On September 14, 2009, the Duties, 62 FR 27296, 27323 (May 19, on, or along the longitudinal edges Department postponed the deadline for 1997), and Initiation Notice, 74 FR at of the ribbon; the preliminary determination in this 39299. • have ends of any shape or investigation until December 7, 2009. On August 18, 2009, interested parties dimension, including but not See Narrow Woven Ribbons With Woven Costco Wholesale Corporation, Hobby limited to straight ends that are Selvedge From the People’s Republic of Lobby Stores, Inc., Jo–Ann Stores, Inc., perpendicular to the longitudinal China: Postponement of Preliminary Michaels Stores, Inc. and Target edges of the ribbon, tapered ends, Determination in the Countervailing Corporation (collectively, ‘‘Ribbon flared ends or shaped ends, and the Duty Investigation, 74 FR 46978 Retailers’’), Papillion Ribbon and Bow, ends of such woven ribbons may or (September 14, 2009). On September 15, Inc. (‘‘Papillion’’), and Essential may not be hemmed; 2009, consultants for Changtai notified Ribbons, Inc. (‘‘Essential Ribbons’’) • have longitudinal edges that are the Department that the company would submitted timely comments concerning straight or of any shape, and the not participate further in the the scope of the Woven Ribbons AD and longitudinal edges of such woven investigation. CVD investigations. Ribbons Retailers ribbon may or may not be parallel We received responses to our urged that the scope definition be to each other; questionnaire from the GOC and Yama modified to clarify certain scope • consist of such ribbons affixed to on October 19, 2009. See GOC’s Original exclusions and otherwise exclude like ribbon and/or cut–edge woven Questionnaire Response (October 19, certain merchandise from the scope. ribbon, a configuration also known 2009) (‘‘GQR’’) and Yama’s Original Papillion requested that the Department as an ‘‘ornamental trimming;’’ Questionnaire Response (October 19, exclude formed rosettes from the scope • be wound on spools; attached to a of the investigations. Finally, Essential card; hanked (i.e., coiled or 1 A public version of this and all public Department memoranda referenced herein are on Ribbons requested that pre–cut, hand– bundled); packaged in boxes, trays file in the Central Records Unit (‘‘CRU’’) in Room finished ribbons for retail packaging, be or bags; or configured as skeins, 1117 of the main Department building. excluded from the scope. balls, bateaus or folds; and/or

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• be included within a kit or set such by tying) as a decorative detail to Application of the Countervailing Duty as when packaged with other packaging containing non–subject Law to Imports from the PRC products, including but not limited merchandise; to gift bags, gift boxes and/or other (11) narrow woven ribbon affixed to On October 25, 2007, the Department types of ribbon. non–subject merchandise as a working published Coated Free Sheet Paper from Narrow woven ribbons subject to the component of such non–subject the People’s Republic of China: Final investigation include all narrow woven merchandise, such as where narrow Affirmative Countervailing Duty fabrics, tapes, and labels that fall within woven ribbon comprises an apparel Determination, 72 FR 60645 (October this written description of the scope of trimming, book marker, bag cinch, or 25, 2007) (‘‘CFS from the PRC’’), and the this investigation. part of an identity card holder; and accompanying Issues and Decision Excluded from the scope of the (12) narrow woven ribbon(s) comprising Memorandum (‘‘CFS Decision investigation are the following: a belt attached to and imported with an Memorandum’’). In CFS from the PRC, (1) formed bows composed of narrow item of wearing apparel, whether or not the Department found that woven ribbons with woven selvedge; such belt is removable from such item given the substantial differences between (2) ‘‘pull–bows’’ (i.e., an assemblage of of wearing apparel. the Soviet–style economies and China’s ribbons connected to one another, The merchandise subject to this economy in recent years, the folded flat and equipped with a means investigation is classifiable under the Department’s previous decision not to to form such ribbons into the shape of HTSUS statistical categories apply the CVD law to these Soviet–style a bow by pulling on a length of material 5806.32.1020; 5806.32.1030; economies does not act as a bar to affixed to such assemblage) composed of 5806.32.1050 and 5806.32.1060. Subject proceeding with a CVD investigation narrow woven ribbons; merchandise also may enter under involving products from China. (3) narrow woven ribbons comprised at subheadings 5806.31.00; 5806.32.20; least 20 percent by weight of 5806.39.20; 5806.39.30; 5808.90.00; See CFS Decision Memorandum at elastomeric yarn (i.e., filament yarn, 5810.91.00; 5810.99.90; 5903.90.10; Comment 6. The Department has including monofilament, of synthetic 5903.90.25; 5907.00.60; and 5907.00.80 affirmed its decision to apply the CVD textile material, other than textured and under statistical categories law to the PRC in subsequent final yarn, which does not break on being 5806.32.1080; 5810.92.9080; determinations. See, e.g., Circular extended to three times its original 5903.90.3090; and 6307.90.9889. The Welded Carbon Quality Steel Pipe from length and which returns, after being HTSUS statistical categories and the People’s Republic of China: Final extended to twice its original length, subheadings are provided for Affirmative Countervailing Duty within a period of five minutes, to a convenience and customs purposes; Determination and Final Affirmative length not greater than one and a half however, the written description of the Determination of Critical times its original length as defined in merchandise under investigation is Circumstances, 73 FR 31966 (June 5, the Harmonized Tariff Schedule of the dispositive. 2008), and accompanying Issues and United States (‘‘HTSUS’’), Section XI, Decision Memorandum (‘‘CWP Decision Period of Investigation Note 13) or rubber thread; Memorandum’’) at Comment 1. (4) narrow woven ribbons of a kind used The period for which we are Additionally, for the reasons stated in for the manufacture of typewriter or measuring subsidies, i.e., the period of the CWP Decision Memorandum, we are printer ribbons; investigation (‘‘POI’’), is January 1, using the date of December 11, 2001, the (5) narrow woven labels and apparel 2008, through December 31, 2008. date on which the PRC became a tapes, cut–to-length or cut–to-shape, Alignment of Final Countervailing Duty member of the World Trade having a length (when measured across Determination with Final Antidumping Organization, as the date from which the longest edge–to-edge span) not Duty Determination the Department will identify and exceeding eight centimeters; measure subsidies in the PRC. See CWP (6) narrow woven ribbons with woven On August 6, 2009, the Department Decision Memorandum at Comment 2. selvedge attached to and forming the initiated the CVD and AD investigations handle of a gift bag; of Woven Ribbons from the PRC. See Use of Facts Otherwise Available and (7) cut–edge narrow woven ribbons Initiation Notice and Narrow Woven Adverse Inferences formed by cutting broad woven fabric Ribbons with Woven Selvedge from the Sections 776(a)(1) and (2) of the Act into strips of ribbon, with or without People’s Republic of China and Taiwan: provide that the Department shall apply treatments to prevent the longitudinal Initiation of Antidumping Duty ‘‘facts otherwise available’’ if, inter alia, edges of the ribbon from fraying (such Investigations, 74 FR 39291 (August 6, necessary information is not on the as by merrowing, lamination, sono– 2009). The CVD investigation and the record or an interested party or any bonding, fusing, gumming or waxing), AD investigation have the same scope other person: (A) withholds information and with or without wire running with regard to the merchandise covered. that has been requested; (B) fails to lengthwise along the longitudinal edges As noted above, on October 30, 2009, provide information within the of the ribbon; Petitioner submitted a letter requesting (8) narrow woven ribbons comprised at alignment of the final CVD deadlines established, or in the form least 85 percent by weight of threads determination with the final and manner requested by the having a denier of 225 or higher; determination in the companion AD Department, subject to subsections (c)(1) (9) narrow woven ribbons constructed investigation of Woven Ribbons from and (e) of section 782 of the Act; (C) from pile fabrics (i.e., fabrics with a the PRC. Therefore, in accordance with significantly impedes a proceeding; or surface effect formed by tufts or loops of section 705(a)(1) of the Act and 19 CFR (D) provides information that cannot be yarn that stand up from the body of the 351.210(b)(4), we are aligning these final verified as provided by section 782(d) of fabric) ; determinations such that the final CVD the Act. (10) narrow woven ribbon affixed determination will be issued on the Section 776(b) of the Act further (including by tying) as a decorative same date as the final AD provides that the Department may use detail to non–subject merchandise, such determination, which is currently an adverse inference in applying the as a gift bag, gift box, gift tin, greeting scheduled to be issued no later than facts otherwise available when a party card or plush toy, or affixed (including April 19, 2010. has failed to cooperate by not acting to

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the best of its ability to comply with a 2008) (‘‘LWS from the PRC’’), and the that received subsidies under all of the request for information. accompanying Issues and Decision sub–national programs alleged prior to As noted above, Changtai was Memorandum at ‘‘Selection of the the selection of mandatory respondents. selected as a mandatory respondent. Adverse Facts Available’’ (‘‘LWS Loans Changtai, however, did not provide the Decision Memorandum’’). In previous requested information necessary to CVD investigations into products from For the ‘‘Policy Loans to Narrow determine a CVD rate for this the PRC, we have adapted this practice Woven Ribbons Producers from SOCBs’’ preliminary determination and failed to to use the highest rate calculated for the program, we have applied the highest provide information within the same or similar programs in other PRC non–de minimis subsidy rate for any deadlines established by the CVD investigations. See, e.g., id. loan program in a prior PRC CVD Department. Specifically, Changtai did Consistent with the Department’s recent investigation. This rate was 8.31 percent not respond to the Department’s August practice, we are preliminarily for the ‘‘Government Policy Lending 26, 2009 CVD questionnaire. Thus, in computing a total AFA rate for Changtai, Program.’’ See Lightweight Thermal reaching our preliminary determination, generally using program–specific rates Paper from the People’s Republic of pursuant to section 776(a)(2)(A) and (C) determined for the cooperating China: Notice of Amended Final of the Act, we have based the CVD rate respondent or in past cases. Affirmative Countervailing Duty for Changtai on facts otherwise Specifically, for programs other than Determination and Notice of available. those involving income tax exemptions Countervailing Duty Order, 73 FR 70958 We determine that an adverse and reductions, we will apply the (November 24, 2008). inference is warranted, pursuant to highest calculated rate for the identical Grants section 776(b) of the Act. On September program in this investigation if a 15, 2009, consultants for Changtai responding company used the identical For grant programs, Yama did not use notified the Department that Changtai program. If there is no identical program ‘‘State Key Technology Program Fund,’’ would not participate in the match within the investigation, we will ‘‘Famous Brands,’’ ‘‘Export Assistance investigation. By electing not to use the highest non–de minimis rate Grants,’’ ‘‘Export Interest Subsidy Funds participate, Changtai has not cooperated calculated for the same or similar for Enterprises Located in Zhejiang to the best of its ability in this program in another PRC CVD Province,’’ and ‘‘Technology investigation. investigation. Absent an above–de Development Grants for Enterprises In deciding which facts to use as minimis subsidy rate calculated for the Located in Zhejiang Province’’ adverse facts available (‘‘AFA’’), section same or similar program, we will apply programs. The Department has not 776(b) of the Act and 19 CFR the highest calculated subsidy rate for calculated above de minimis rates for 351.308(c)(1) authorize the Department any program otherwise listed that could any of these programs in prior to rely on information derived from: (1) conceivably be used by Changtai. See, investigations and, moreover, all the petition; (2) a final determination in e.g., Certain Kitchen Shelving and Racks previously calculated rates for grant the investigation; (3) any previous programs from prior PRC CVD review or determination; or (4) any from the People’s Republic of China: Final Affirmative Countervailing Duty investigations have been de minimis. other information placed on the record. Therefore, for each of these programs, The Department’s practice when Determination, 74 FR 37012 (July 27, 2009) (‘‘Kitchen Racks from the PRC’’), we have determined to use the highest selecting an adverse rate from among calculated subsidy rate for any program the possible sources of information is to and the accompanying Issues and Decision Memorandum at ‘‘Use of Facts otherwise listed, which could ensure that the rate is sufficiently conceivably have been used by adverse ‘‘as to effectuate the statutory Available and Adverse Facts Available.’’ Further, where the GOC can Changtai. This rate was 13.36 percent purposes of the adverse facts available for the ‘‘Government Provision of Land rule to induce respondents to provide demonstrate through complete, verifiable, positive evidence that for Less Than Adequate Remuneration.’’ the Department with complete and See LWS Decision Memorandum at 14– accurate information in a timely Changtai (including all its facilities and 18. manner.’’ See, e.g., Notice of Final cross–owned affiliates) is not located in Determination of Sales at Less Than particular provinces whose subsidies Indirect Tax Credits and VAT/Tariff Fair Value: Static Random Access are being investigated, the Department Reductions and Exemptions does not intend to include those Memory Semiconductors From Taiwan, For the seven indirect tax credit and provincial programs in determining the 63 FR 8909, 8932 (February 23, 1998). rebate programs,2 which Yama did not countervailable subsidy rate for The Department’s practice also ensures use, we have preliminarily determined Changtai. See Certain Tow–Behind Lawn ‘‘that the party does not obtain a more to use the highest non–de minimis rate Groomers and Certain Parts Thereof favorable result by failing to cooperate for any indirect tax program from a PRC from the People’s Republic of China: than if it had cooperated fully.’’ See CVD investigation. The rate we selected Initiation of Countervailing Duty Statement of Administrative Action is 1.51 percent, which was the rate Investigation, 73 FR 42324 (July 21, (‘‘SAA’’) accompanying the Uruguay calculated for respondent Gold East Round Agreements Act, H.R. Rep. No. 2008), and the accompanying Initiation 103–316, Vol. I, at 870 (1994), reprinted Checklist. In supplemental 2 ‘‘Corporate Income Tax Refund Program for at 1994 U.S.C.C.A.N 4040, 4199. questionnaire responses received to Reinvestment of FIE Profits in Export-Oriented It is the Department’s practice to date, the GOC has failed to provide Enterprises;’’ ‘‘Preferential Tax Policies for select, as AFA, the highest calculated verifiable information demonstrating Township Enterprises;’’ ‘‘Preferential Tax Policies for Research and Development for FIEs;’’ ‘‘Tax rate in any segment of the proceeding. that Changtai is located in Fujian Benefits for FIEs in Encouraged Industries that See, e.g., Laminated Woven Sacks From Province and has no facilities or cross– Purchase Domestic Equipment;’’ ‘‘Import Tariff and the People’s Republic of China: Final owned affiliates in any other province VAT Exemptions for FIEs Using Imported Affirmative Countervailing Duty in the PRC, as requested. Therefore, the Technology and Equipment;’’ ‘‘Import Tariff and VAT Exemptions for Certain Domestic Enterprises Determination and Final Affirmative Department preliminarily makes the Using Imported Technology and Equipment;’’ ‘‘VAT Determination, in Part, of Critical adverse inference that Changtai has Rebate for FIE Purchases of Domestically Produced Circumstances, 73 FR 35639 (June 24, facilities and/or cross–owned affiliates Equipment.’’

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Paper (Jiangsu) Co., Ltd. (GE) for the determinations. Further, the calculated Subsidies Valuation Information ‘‘Value–added Tax and Tariff rates were based upon verified Allocation Period Exemptions on Imported Equipment,’’ information about the same or similar program. See CFS Decision programs. Moreover, no information has The average useful life (‘‘AUL’’) Memorandum at 13–14. been presented that calls into question period in this proceeding, as described the reliability of these calculated rates in 19 CFR 351.524(d)(2), is 10 years Foreign–Invested Enterprise (‘‘FIE’’) that we are applying as AFA. Finally, according to the U.S. Internal Revenue Income Tax Rate Reduction and Service’s 1977 Class Life Asset Exemption Programs unlike other types of information, such as publicly available data on the Depreciation Range System. See U.S. For the five income tax rate reduction national inflation rate of a given country Internal Revenue Service Publication or exemption programs,3 we have or national average interest rates, there 946 (2007), How to Depreciate Property, applied an adverse inference that typically are no independent sources for at Table B–2: Table of Class Lives and Changtai paid no income tax during the data on company–specific benefits Recovery Periods. No party in this POI (i.e., calendar year 2008). The resulting from countervailable subsidy proceeding has disputed this allocation period. standard income tax rate for programs. corporations in the PRC is 30 percent, Attribution of Subsidies plus a three percent provincial income With respect to the relevance aspect tax rate. Therefore, the highest possible of corroborating the rates selected, the The Department’s regulations at 19 benefit for these five income tax Department will consider information CFR 351.525(b)(6)(i) state that the programs is 33 percent. We are applying reasonably at its disposal in considering Department will normally attribute a the 33 percent AFA rate on a combined the relevance of information used to subsidy to the products produced by the basis (i.e., the five programs combined calculate a countervailable subsidy corporation that received the subsidy. provided a 33 percent benefit). This 33 benefit. Where circumstances indicate However, 19 CFR 351.525(b)(6)(ii)-(v) percent AFA rate does not apply to tax that the information is not appropriate direct that the Department will attribute credit and refund programs. as AFA, the Department will not use it. subsidies received by certain other For further explanation of the See Fresh Cut Flowers From Mexico; companies to the combined sales of derivation of the AFA rates, see Final Results of Antidumping Duty those companies if (1) cross–ownership Memorandum to the File, ‘‘Adverse Administrative Review, 61 FR 6812 exists between the companies, and (2) Facts Available Rate’’ (December 7, (February 22, 1996). the cross–owned companies produce the subject merchandise, are a holding 2009) (‘‘AFA Calculation Memo’’). In the absence of record evidence or parent company of the subject Section 776(c) of the Act provides concerning these programs due to company, produce an input that is that, when the Department relies on Changtai’s decision not to participate in primarily dedicated to the production of secondary information rather than on the investigation, the Department has the downstream product, or transfer a information obtained in the course of an reviewed the information concerning subsidy to a cross–owned company. The investigation or review, it shall, to the PRC subsidy programs in this and other Court of International Trade has upheld extent practicable, corroborate that cases. For those programs for which the the Department’s authority to attribute information from independent sources Department has found a program–type subsidies based on whether a company that are reasonably at its disposal. match, we find that, because these are could use or direct the subsidy benefits Secondary information is ‘‘information the same or similar programs, they are of another company in essentially the derived from the petition that gave rise relevant to the programs of this case. For same way it could use its own subsidy to the investigation or review, the final the programs for which there is no benefits. See Fabrique de Fer de determination concerning the subject program–type match, the Department Charleroi, SA v. United States, 166 F. merchandise, or any previous review has selected the highest calculated Supp. 2d 593, 604 (Ct. Int’l Trade 2001). under section 751 concerning the subsidy rate for any PRC program from subject merchandise.’’ See e.g., SAA, at According to 19 CFR which Changtai could receive a benefit 351.525(b)(6)(vi), cross–ownership 870, 1994 U.S.C.C.A.N. at 4199. The to use as AFA. The relevance of this rate Department considers information to be exists between two or more corporations is that it is an actual calculated CVD rate where one corporation can use or direct corroborated if it has probative value. for a PRC program from which Changtai See id. To corroborate secondary the individual assets of the other could actually receive a benefit. Further, corporation(s) in essentially the same information, the Department will, to the this rate was calculated for a period extent practicable, examine the ways it can use its own assets. This close to the POI in the instant case. regulation states that this standard will reliability and relevance of the Moreover, Changtai’s failure to respond information to be used. The SAA normally be met where there is a to requests for information has ‘‘resulted majority voting interest between two emphasizes, however, that the in an egregious lack of evidence on the Department need not prove that the corporations or through common record to suggest an alternative rate.’’ ownership of two (or more) selected facts available are the best Shanghai Taoen Int’l Trading Co., Ltd. alternative information. See SAA at 869, corporations. v. United States, 360 F. Supp. 2d 1339, Yama responded to the Department’s 1994 U.S.C.C.A.N. at 4199. 1348 (Ct. Int’l Trade 2005). Due to the questionnaire on behalf of itself, a Hong With regard to the reliability aspect of lack of participation by Changtai and Kong–owned foreign invested corroboration, we note that these rates the resulting lack of record information enterprise, and an affiliated trading were calculated in recent final CVD concerning these programs, the company, Xiamen Yama Import and Department has corroborated the rates it Export Co., Ltd. (‘‘Yama Trading’’). 3 Preferential Tax Policies for Enterprises with selected to the extent practicable. Foreign Investment (‘‘Two Free, Three Half’’ Based on information reported by Yama, Program’’); ‘‘Tax Subsidies to FIEs in Specially On this basis, we preliminarily we preliminarily determine that cross– Designated Areas;’’ ‘‘Preferential Tax Policies for determine that the AFA countervailable ownership exists between Yama and Export-Oriented FIEs;’’ ‘‘Tax Program for High or New Technology FIEs’’, and ‘‘Local Income Tax subsidy rate for Changtai is 118.68 Yama Trading as both companies have Exemption or Reduction Program for ‘‘Productive’’ percent ad valorem. See AFA the same owners. However, according to FIEs.’’ Calculation Memo. the company’s responses, Yama Trading

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did not benefit from any countervailable productive FIEs under this program hence, is specific under section subsidies during the POI. confers a countervailable subsidy. The 771(5A)(D)(i) of the Act. In its questionnaire responses, Yama reduced rate is a financial contribution To calculate the benefit for Yama, we also acknowledged that it has several in the form of revenue forgone by the treated the income tax savings enjoyed other affiliated companies in addition to GOC and it provides a benefit to the by the company as a recurring benefit, Yama Trading. However, Yama reported recipient in the amount of the tax consistent with 19 CFR 351.524(c)(1). that these affiliates do not produce the savings. See section 771(5)(D)(ii) of the To compute the amount of the tax subject merchandise and do not provide Act and 19 CFR 351.509(a)(1). We savings, we compared the local income inputs to Yama. Therefore, because further determine preliminarily that the tax rate that the companies would have these companies do not produce subject reduction afforded by this program is paid in the absence of the program (i.e., merchandise or otherwise fall within limited to enterprises located in three percent) with the income tax rate the situations described in 19 CFR designated geographic regions and, the company actually paid. 351.525(b)(6)(iii)-(v), we do not reach hence, is specific under section For Yama, we divided the company’s the issue of whether these companies 771(5A)(D)(iv) of the Act. tax savings received during the POI by and Yama are cross–owned within the To calculate the benefit, we treated its total sales. On this basis, we meaning of 19 CFR 351.525(b)(6)(iii)- Yama’s income tax savings as a preliminarily determine that Yama (vi). recurring benefit, consistent with 19 received a countervailable subsidy of Analysis of Programs CFR 351.524(c)(1), and divided the 0.05 percent ad valorem under this company’s tax savings received during program. Based upon our analysis of the the POI by the company’s total sales petition and the responses to our II. Programs For Which More during that period. To compute the questionnaires, we determine the Information Is Required amount of the tax savings, we compared following: the income tax rate Yama would have Other Subsidies I. Programs Preliminarily Determined paid in the absence of the program (30 Section 775 of the Act, requires the To Be Countervailable percent) with the rate it paid (15 Department to investigate any other A. Tax Subsidies to FIEs in Specially percent). potential subsidies it discovers during Designated Areas On this basis, we preliminarily the course of this investigation that determine that Yama received a pertain to the manufacture, production, To promote economic development countervailable subsidy of 0.24 percent or exportation of the subject and attract foreign investment, ad valorem under this program. merchandise. In its supplemental ‘‘productive’’ FIEs located in coastal questionnaire response, Yama reported economic zones, special economic B. Local Income Tax Exemption and that it received eleven subsidies under zones or economic and technical Reduction Programs for ‘‘Productive’’ programs that were not alleged by development zones in the PRC receive Foreign–Invested Enterprises Petitioner in this investigation. See preferential tax rates of 15 percent or 24 Under Article 9 of the FIE Tax Law, YSQR1 at 6. percent, depending on the zone, under the provincial governments have the As indicated in the Case History Article 7 of the Foreign Investment authority to exempt FIEs from the local section above, on November 19, 2009, Enterprise Tax Law (‘‘FIE Tax Law’’). income tax of three percent. See GQR at the Department requested additional See GQR, at Exhibit G–1. Exhibit G–1. The Department has information on these subsidy programs The Department has previously found previously found this program to be which is still outstanding. We plan to this program to be countervailable. See countervailable. See, e.g., CFS Decision issue a post–preliminary analysis so that CFS from the PRC and CFS Decision Memorandum at 12–13 and Citric Acid parties will have an opportunity to Memorandum at 12 (Analysis of and Certain Citrate Salts From the comment on our findings prior to our Programs, I. Programs Determined to be People’s Republic of China: Final final determination. Countervailable for GE, C. Reduced Affirmative Countervailing Duty Income Tax Rates for FIEs Based on III. Programs Preliminarily Determined Determination, 74 FR 16836 (April 13, Location), Lightweight Thermal Paper To Be Not Used By Yama or To Not 2009), and accompanying Issues and From the People’s Republic of China: Provide Benefits During the POI Decision Memorandum at 21. Final Affirmative Countervailing Duty In Yama’s tax return filed for 2007, it Based upon responses and factual Determination, 73 FR 57323 (October 2, information submitted by the GOC and 2008), and the accompanying Issues and reported not paying any local income tax during the POI. See YSQR 1 at Yama, we preliminarily determine that Decision Memorandum at 15 (Analysis Yama did not apply for or receive of Programs, I. Programs Determined to Exhibit S–1. We preliminarily determine that the benefits during the POI under the be Countervailable, D. Reduced Income programs listed below. Tax Rates for FIEs Based on Location) exemption from or reduction in the and Kitchen Racks from the PRC and the local income tax received by A. Loan Programs ‘‘productive’’ FIEs under this program accompanying Issues and Decision 1. Policy Loans to Narrow Woven confers a countervailable subsidy. The Memorandum at 11 (Analysis of Ribbon Producers from State– exemption or reduction is a financial Programs, I. Programs Determined to be Owned Commercial Banks Countervailable, A. Income Tax contribution in the form of revenue Reduction for FIEs Based on Geographic forgone by the government and it B. Grant Programs Location). provides a benefit to the recipient in the 2. The State Key Technology Yama is located in Xiamen city, a amount of the tax savings. See section Renovation Project Fund special economic zone, and was subject 771(5)(D)(ii) of the Act and 19 CFR 3. Famous Brands Program to the reduced income tax rate of 15 351.509(a)(1). We also preliminarily 4. Export Assistance Grants percent for the tax returned filed during determine that the exemption or 5. Export Interest Subsidy Funds for the POI. See YSQR2 at 1. reduction afforded by this program is Enterprises Located in Zhejiang We preliminarily determine that the limited as a matter of law to certain Province reduced income tax rate paid by enterprises, i.e., ‘‘productive’’ FIEs and, 6. Technology Grants for Enterprises

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Located in Zhejiang Province merchandise to the United States. The the issuance of the last verification ‘‘all others’’ rate normally does not report. See 19 CFR 351.309(c)(i) (for a C. Indirect Tax Credits and VAT/Tariff include zero and de minimis rates or Reductions and Exemptions further discussion of case briefs). any rates based solely on the facts Rebuttal briefs must be filed within five 7. Import Tariff and VAT Exemptions available. In this investigation, the net days after the deadline for submission of for FIEs Using Imported Technology subsidy rate calculated for the two case briefs, pursuant to 19 CFR and Equipment investigated companies are either de 351.309(d)(1). A list of authorities relied 8. Import Tariff and VAT Exemptions minimis or based entirely on AFA under upon, a table of contents, and an for Certain Domestic Enterprises section 776 of the Act. There is no executive summary of issues should Using Imported Technology and information on the record upon which accompany any briefs submitted to the Equipment we could determine an all–others rate. Department. Executive summaries 9. VAT Rebate for FIE Purchases of As a result, we have calculated the all– Domestically Produced Equipment others rate as a simple average of should be limited to five pages total, 10. Corporate Income Tax Refund Changtai’s AFA rate and Yama’s de including footnotes. See 19 CFR Program for Reinvestment of FIE minimis rate. See, e.g., LWS from the 351.309(c)(2) and (d)(2). Profits in Export-Oriented PRC and LWS Decision Memorandum at Section 774 of the Act provides that Enterprises Comment 21. the Department will hold a public 11. Preferential Tax Policies for In accordance with sections hearing to afford interested parties an Township Enterprises 703(d)(1)(B) and (2) of the Act, we are opportunity to comment on arguments directing U.S. Customs and Border D. Foreign–Invested Enterprise (FIE) raised in case or rebuttal briefs, Protection to suspend liquidation of all Income Tax Rate Reduction and provided that such a hearing is entries of Woven Ribbons from the PRC Exemption Programs requested by an interested party. If a that are entered, or withdrawn from request for a hearing is made in this 12. Preferential Tax Policies for warehouse, for consumption on or after investigation, the hearing will be held Enterprises with Foreign the date of the publication of this notice two days after the deadline for Investment (‘‘Two Free, Three in the Federal Register, and to require Half’’) Program a cash deposit or bond for such entries submission of the rebuttal briefs, 13. Preferential Tax Policies for of merchandise in the amounts pursuant to 19 CFR 351.310(d), at the Export–Oriented FIEs indicated above. However, because the U.S. Department of Commerce, 14th 14. Tax Program for High or New estimated CVD rate for Yama is de Street and Constitution Avenue, N.W., Technology FIEs minimis, liquidation will not be Washington, DC 20230. Parties should 15. Preferential Tax Policies for suspended and no cash deposits or confirm by telephone the time, date, and Research and Development for FIEs bonds are required for merchandise place of the hearing 48 hours before the 16. Tax Benefits for FIEs in produced and exported by that scheduled time. Encouraged Industries that company. Interested parties who wish to request Purchase Domestic Equipment ITC Notification a hearing, or to participate if one is requested, must submit a written Verification In accordance with section 703(f) of request to the Assistant Secretary for In accordance with section 782(i)(1) of the Act, we will notify the ITC of our Import Administration, U.S. Department the Act, we will verify the information determination. In addition, we are submitted by the respondents prior to making available to the ITC all non– of Commerce, Room 1870, 14th Street making our final determination. privileged and non–proprietary and Constitution Avenue, N.W., Washington, DC 20230, within 30 days Suspension of Liquidation information relating to this investigation. We will allow the ITC of the publication of this notice, In accordance with section access to all privileged and business pursuant to 19 CFR 351.310(c). Requests 703(d)(1)(A)(i) of the Act, we calculated proprietary information in our files, should contain: (1) the party’s name, an individual rate for each producer/ provided the ITC confirms that it will address, and telephone; (2) the number exporter of the subject merchandise not disclose such information, either of participants; and (3) a list of the individually investigated. We publicly or under an administrative issues to be discussed. Oral preliminarily determine the total protective order, without the written presentations will be limited to issues estimated net countervailable subsidy consent of the Assistant Secretary for raised in the briefs. See id. rates to be: Import Administration. This determination is published In accordance with section 705(b)(2) Net Subsidy pursuant to sections 703(f) and 777(i) of Exporter/Manufacturer of the Act, if our final determination is the Act. Rate (%) affirmative, the ITC will make its final Dated: December 4, 2009. Yama Ribbons and Bows determination within 45 days after the Co., Ltd...... 0.29 (de Department makes its final Ronald K. Lorentzen, minimis) determination. Deputy Assistant Secretary for Import Changtai Rongshu Textile Disclosure and Public Comment Administration. Co., Ltd...... 118.68 [FR Doc. E9–29725 Filed 12–11–09; 8:45 am] All–Others ...... 59.49 In accordance with 19 CFR 351.224(b), we will disclose to the BILLING CODE 3510–DS–S Sections 703(d) and 705(c)(5)(A) of parties the calculations for this the Act states that for companies not preliminary determination within five investigated, we will determine an ‘‘all days of its announcement. Due to the others’’ rate by weighting the individual anticipated timing of verification and company subsidy rate of each of the issuance of verification reports, case companies investigated by the briefs for this investigation must be company’s exports of the subject submitted no later than one week after

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DEPARTMENT OF COMMERCE the Deputy Commissioner for Patent action. Therefore, if appellant does not Examination Policy, directly by wish to contest one of the rejected United States Patent and Trademark telephone to (571) 272–7720, or by mail claims, appellant must file an Office addressed to: Mail Stop Comments— amendment canceling that claim. The [Docket No.: PTO–P–2009–0020] Patents, Commissioner for Patents, P.O. amendment must be filed separately Box 1450, Alexandria, VA 22313–1450. from the notice of appeal and appeal Procedure for Treating Rejected SUPPLEMENTARY INFORMATION: The brief. Claims That Are Not Being Appealed USPTO is considering changes to the Notwithstanding the provisions of 35 procedure for handling notices of appeal U.S.C. 133 and 134, and 37 CFR 1.111(b) AGENCY: United States Patent and and appeal briefs that identify fewer and 1.113(c), some appellants file Trademark Office, Commerce. than all of the rejected claims as being notices of appeal or appeal briefs that ACTION: Request for comments. appealed, in view of Ex parte Ghuman, attempt to limit the appeal to fewer than all of the rejected claims without filing SUMMARY: The United States Patent and 88 USPQ2d 1478 (Bd. Pat. App. & Int. 2008) (precedential) (provides for an amendment to cancel the non- Trademark Office (USPTO) is appealed rejected claims. It has long considering changes to the procedure remand by the Board of Patent Appeals and Interferences (BPAI) if the examiner been USPTO practice that an appellant for handling notices of appeal and must either appeal from the rejection of appeal briefs that identify fewer than all does not cancel claims identified as being not on appeal; the non-appealed all of the rejected claims or cancel those of the rejected claims as being appealed. claims not being appealed. See Ex parte rejected claims were considered Under the proposed procedure, if Benjamin, 1903 Dec. Comm. Pat. 132, withdrawn from the appeal where appellant files a notice of appeal, or an 134 (1903). Thus, attempts to limit an appellant limited the appeal to fewer appeal brief, that clearly identifies fewer appeal to fewer than all of the rejected than all of the pending rejected claims than all of the rejected claims as being claims, either by filing a notice of in the appeal brief). The USPTO is appealed, the non-appealed rejected appeal or appeal brief that attempts to requesting comments from the public claims would be deemed canceled by limit the appeal to fewer than all of the regarding the proposed procedure set operation of this action on the part of rejected claims, operates to withdraw forth in this notice because the USPTO the appellant as of the date on which the appeal as to the non-appealed desires the benefit of public comment. such a notice of appeal, or appeal brief, rejected claims and operates as a is filed, regardless of whether the The USPTO will consider and address cancellation of those claims from the appellant also files an amendment any relevant comments received. application. See Manual of Patent canceling the non-appealed rejected Background: After receiving a Examining Procedure (MPEP) § 1215.03. claims. The USPTO is requesting notification of an Office action that Proposed Procedure: Under the comments from the public regarding the contains one or more rejections, proposed procedure, if appellant clearly proposed procedure set forth in this applicant must file a reply to the Office limits the appeal to fewer than all of the notice. action within the time period for reply rejected claims in a notice of appeal, or set forth in the Office action to avoid COMMENT DEADLINE DATE: To be ensured an appeal brief, the non-appealed abandonment of the application. See 35 of consideration, written comments rejected claims would be deemed U.S.C. 133. Pursuant to 35 U.S.C. 134, must be received on or before January canceled by operation of this action on applicant may appeal the examiner’s 13, 2010. No public hearing will be the part of the appellant as of the date decision to the BPAI by filing a notice held. on which such a notice of appeal, or of appeal under 37 CFR 41.31 if at least appeal brief, is filed. The examiner ADDRESSES: Written comments should one claim has been twice rejected. 37 should note in the examiner’s answer be sent by electronic mail message over CFR 1.113(c) provides that a reply to a that the non-appealed rejected claims the Internet addressed to final Office action is required to include are deemed canceled. However, a failure [email protected]. Comments cancellation of each rejected claim or to note the cancellation of non-appealed may also be submitted by mail appeal from the rejection of each rejected claims will not affect the addressed to: Mail Stop Comments— rejected claim. For a reply to a non-final canceled status of these claims because Patents, Commissioner for Patents, P.O. Office action, the applicant must the non-appealed rejected claims are Box 1450, Alexandria, VA 22313–1450, address every ground of rejection set deemed canceled as of the date on marked to the attention of Joni Y. forth in the non-final action or cancel which the notice of appeal, or appeal Chang. Although comments may be each rejected claim subject to any brief, is filed. Therefore, an application submitted by mail, the Office prefers to ground of rejection not addressed in the will not be returned or remanded by the receive comments via the Internet. reply. See 37 CFR 1.111(b). BPAI for correction merely due to a The written comments will be There is no provision in 35 U.S.C. 134 failure of an examiner’s answer to note available for public inspection at the or 37 CFR 1.113 for an applicant to the cancellation of non-appealed Office of the Commissioner for Patents, appeal only a part of the examiner’s rejected claims. After the decision by located in Madison East, Tenth Floor, decision. An appeal under 37 CFR 41.31 the BPAI and the jurisdiction is 600 Dulany Street, Alexandria, Virginia, must be taken from the rejection of all transferred back to the examiner for and will be available via the Office’s claims under rejection which the further action, or the prosecution is Internet Web site (address: http:// applicant proposes to contest. See 37 reopened without a decision by the www.uspto.gov). Because comments will CFR 41.31(c). In order to treat a notice BPAI, the examiner will notify appellant be made available for public inspection, of appeal as a proper reply to the Office of the cancellation of the non-appealed information that is not desired to be action, the notice of appeal is rejected claims in the next Office action, made public, such as an address or considered an appeal to the entire unless the application is abandoned. For phone number, should not be included examiner’s decision, provided that the example, the examiner may include the in the comments. notice of appeal is accompanied by the following statement in the examiner’s FOR FURTHER INFORMATION CONTACT: Joni required fee set forth in 37 CFR answer or in the next Office action after Y. Chang, Senior Legal Advisor, Office 41.20(b)(1) and is filed within the time a BPAI decision: ‘‘Claims 4–5 are of Patent Legal Administration, Office of period for reply set forth in the Office deemed canceled because appellant

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attempted to limit the appeal to fewer The proposed procedure will apply to to an in–quota rate of duty, as defined than all of the rejected claims by notices of appeal and appeal briefs filed in section 701(c)(1) of the Act, and to submitting an identification of claims under 37 CFR 41.31 and 41.37. publish an annual list and quarterly being appealed that did not include Similarly, the proposed procedure will updates to the type and amount of those these rejected claims in the notice of also apply to notices of appeal or cross subsidies. We hereby provide the appeal or the appeal brief.’’ appeal and appeal briefs filed by patent Department’s quarterly update of 37 CFR 41.31 does not provide for an owners in ex parte and inter partes subsidies onarticles of cheese that were identification of the claims whose reexamination proceedings. imported during the period July 1, 2009, rejection is being appealed. A notice of Dated: December 8, 2009. through September 30, 2009. appeal that does not identify any claims David J. Kappos, The Department has developed, in would be accepted as an appeal of all of Under Secretary of Commerce for Intellectual consultation with the Secretary of the rejected claims, unless the appeal Property and Director of the United States Agriculture, information on subsidies brief indicates otherwise. Therefore, if Patent and Trademark Office. (as defined in section 702(h)(2) of the appellant files a notice of appeal and [FR Doc. E9–29641 Filed 12–11–09; 8:45 am] Act and section 771(5) of the Tariff Act appeal brief that do not clearly limit the BILLING CODE 3510–16–P of 1930, as amended (‘‘Tariff Act’’)), appeal to fewer than all of the rejected being provided either directly or claims, all of the rejected claims would indirectly by foreign governments on be considered to be on appeal. The BPAI DEPARTMENT OF COMMERCE articles of cheese subject to an in–quota will have the jurisdiction to review the rate of duty. The appendix to this notice examiner’s decision as to all of the International Trade Administration lists the country, the subsidy program or rejected claims and all of the grounds of Quarterly Update to Annual Listing of programs, and the gross and net rejection set forth by the examiner. Foreign Government Subsidies on amounts of each subsidy for which If a notice of appeal does not identify Articles of Cheese Subject to an In– information is currently available. The the claims on appeal and its appeal brief Quota Rate of Duty Department will incorporate additional contains inconsistency regarding programs which are found to constitute whether all of the rejected claims are AGENCY: Import Administration, subsidies, and additional information being appealed (e.g., appellant lists International Trade Administration, on the subsidy programs listed, as the fewer than all of the rejected claims in Department of Commerce. information is developed. the status of claims section of the appeal EFFECTIVE DATE: December 14, 2009. The Department encourages any brief and then lists all of the rejected FOR FURTHER INFORMATION CONTACT: person having information on foreign claims in the grounds of rejection to be Gayle Longest, AD/CVD Operations, government subsidy programs which reviewed on appeal section, or other Office 3, Import Administration, benefit articles of cheese subject to an sections, of the appeal brief), all of the International Trade Administration, in–quota rate of duty to submit such rejected claims would be considered to U.S. Department of Commerce, 14th information in writing to the Assistant be on appeal. If a notice of appeal does Street and Constitution Ave., NW, Secretary for Import Administration, not identify the claims on appeal and all Washington, DC 20230, telephone: (202) U.S. Department of Commerce, 14th of the sections of its appeal brief 482–3338. Street and Constitution Ave., NW, consistently identify fewer than all of SUPPLEMENTARY INFORMATION: Section Washington, DC 20230. the rejected claims being appealed, then 702 of the Trade Agreements Act of This determination and notice are in the appeal brief has clearly limited the 1979 (as amended) (‘‘the Act’’) requires accordance with section 702(a)(2) of the appeal to fewer than all of the rejected the Department of Commerce (‘‘the Act. claims and the non-appealed rejected Department’’) to determine, in claims will be deemed canceled by consultation with the Secretary of Dated: December 3, 2009. operation of the filing of such an appeal Agriculture, whether any foreign Ronald K. Lorentzen, brief as of the date on which the appeal government is providing a subsidy with Deputy Assistant Secretary for Import brief is filed. respect to any article of cheese subject Administration. APPENDIX SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN–QUOTA RATE OF DUTY

Country Program(s) Gross1 Subsidy($/lb) Net 2 Subsidy($/lb)

27 European Union Member States 3 .. European Union Restitution Payments $0.00 $0.00 Canada ...... Export Assistance on Certain Types of Cheese $ 0.32 $0.32 Norway ...... Indirect (Milk) Subsidy $ 0.00 $0.00 ...... Consumer Subsidy $ 0.00 $ 0.00 ...... Total $ 0.00 $ 0.00 Switzerland ...... Deficiency Payments $ 0.00 $ 0.00 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6). 3 The 27 member states of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

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[FR Doc. E9–29729 Filed 12–11–09; 8:45 am] ACTION: Notice. Transmittal No. 09–69 BILLING CODE 3510–DS–S SUMMARY: The Department of Defense is The following is a copy of a letter to publishing the unclassified text of three the Speaker of the House of DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notifications Representatives, Transmittals 09–69 to fulfill the requirements of section 155 with attached transmittal, policy Office of the Secretary of Public Law 104–164, dated 21 July justification, and Sensitivity of 1996. [Transmittal Nos. 09–69, 09–70, and 09–74] Technology. FOR FURTHER INFORMATION CONTACT: Ms. BILLING CODE 5001–06–P 36(b)(1) Arms Sales Notifications B. English, DSCA/DBO/CFM, (703) 601– AGENCY: Defense Security Cooperation 3740. Agency, DoD. SUPPLEMENTARY INFORMATION:

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Transmittal No. 09–70 Representatives, Transmittals 09–70 justification, and Sensitivity of The following is a copy of a letter to with attached transmittal, policy Technology. the Speaker of the House of

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Transmittal No. 09–74 Representatives, Transmittals 09–74 The following is a copy of a letter to with attached transmittal, and policy the Speaker of the House of justification.

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Dated: December 9, 2009. Availability of Materials for the Dated: December 9, 2009. Mitchell S. Bryman, Meeting Mitchell S. Bryman, Alternate OSD Federal Register Liaison The draft agenda for the meeting may Alternate OSD Federal Register Liaison Officer, Department of Defense. be obtained from the Board’s Web site Officer, Department of Defense. [FR Doc. E9–29650 Filed 12–11–09; 8:45 am] at: http://www.defenselink.mil/dbb [FR Doc. E9–29668 Filed 12–11–09; 8:45 am] BILLING CODE 5001–06–C under ‘‘Meetings—January 21, 2010.’’ BILLING CODE 5001–06–P Public’s Accessibility to the Meeting DEPARTMENT OF DEFENSE Pursuant to 5 U.S.C. 552b and 41 CFR DEPARTMENT OF DEFENSE 102–3.140 through 102–3.165, and the Office of the Secretary U.S. Marine Corps availability of space, this meeting is Defense Business Board (DBB) open to the public. Seating is on a first- [Docket ID USN–2009–0021] Meeting come basis. All members of the public who wish to attend the meeting must Privacy Act of 1974; System of Records AGENCY: Department of Defense (DoD). contact Ms. Duffy (see FOR FURTHER INFORMATION CONTACT) no later than AGENCY: U.S. Marine Corps, DoD. ACTION: Meeting notice. noon on Thursday, January 14, 2010, to ACTION: register and make arrangements for a Notice to alter a system of SUMMARY: Under the provisions of the Pentagon escort, if necessary. Public records. Federal Advisory Committee Act of attendees requiring escort should arrive SUMMARY: The U.S. Marine Corps is 1972 (5 U.S.C., Appendix, as amended), at the Pentagon Metro Entrance in time the Government in the Sunshine Act of proposing to alter an existing inventory to complete security screening by 8:45 of system of records notice subject to the 1976 (5 U.S.C. 552b, as amended), and a.m. To complete security screening, 41 CFR 102–3.150, the Department of Privacy Act of 1974, (5 U.S.C. 552a), as please come prepared to present two amended. Defense announces that the Defense forms of identification: (1) A DATES: This proposed action will be Business Board (DBB) will meet on government-issued photo I.D., and (2) effective without further notice on January 21, 2010. Subject to the any type of secondary I.D. which January 13, 2010 unless comments are availability of space, the meeting is verifies the individual’s name (i.e. debit received which result in a contrary open to the public. card, credit card, work badge, social determination. DATES: The public meeting will be held security card). on Thursday, January 21, 2010, from Special Accommodations: Individuals ADDRESSES: You may submit comments, 9:00 a.m. to 11:30 a.m. requiring special accommodations to identified by docket number and title, access the public meeting should by any of the following methods: ADDRESSES: The meeting will be held at contact Ms. Duffy at least five (5) Federal Rulemaking Portal: http:// the Pentagon, Room 3E–863, business days prior to the meeting so www.regulations.gov. Follow the Washington, DC (escort required, see the that appropriate arrangements can be instructions for submitting comments. SUPPLEMENTARY INFORMATION section of made. Mail: Federal Docket Management this notice for further information). System Office, 1160 Defense Pentagon, Procedures for Providing Public Washington, DC 20301–1160. FOR FURTHER INFORMATION CONTACT: For Comments meeting information please contact Ms. Instructions: All submissions received Debora Duffy, Defense Business Board, Pursuant to 41 CFR 102–3.105(j) and must include the agency name and 1155 Defense Pentagon, Room 5B– 102–3.140, and section 10(a)(3) of the docket number for this Federal Register 1088A, Washington, DC 20301–1155, Federal Advisory Committee Act of document. The general policy for [email protected], (703) 697–2168. 1972, the public or interested comments and other submissions from organizations may submit written members of the public is to make these The Board’s Designated Federal comments to the Board about its submissions available for public Officer is Ms. Phyllis Ferguson, Defense mission and topics pertaining to this viewing on the Internet at http:// Business Board, 1155 Defense Pentagon, public session. www.regulations.gov as they are Room 5B–1088A, Washington, DC Written comments are accepted until received without change, including any 20301–1155, [email protected], the date of the meeting, however, personal identifiers or contact (703) 695–7563. written comments should be received by information. SUPPLEMENTARY INFORMATION: During the DFO at least five (5) business days ADDRESSES: Send comments to this meeting, the Board will deliberate prior to the meeting date so that the Headquarters, U.S. Marine Corps, FOIA/ findings and recommendations from comments may be made available to the PA Section (ARSF), 2 Navy Annex, five Task Groups: (1) ‘‘Reducing Board for their consideration prior to Room 3134, Washington, DC 20380– Acquisition Costs by Applying Best the meeting. Written comments should 1775. Business Practices to Fixed-Price be submitted via email to the address for Contracting,’’ (2) ‘‘Managing DoD Under the DFO given in this notice in the FOR FURTHER INFORMATION CONTACT: Ms. Sustained Topline Pressures,’’ (3) following formats (Adobe Acrobat, Tracy Ross at (703) 614–4008. ‘‘Recommendations for Insourcing the WordPerfect, or Word format). Please SUPPLEMENTARY INFORMATION: The U.S. Acquisition Workforce,’’ (4) ‘‘Assessing note: Since the Board operates under the Marine Corps system of records notices the Defense Industrial Base,’’ and (5) ‘‘A provisions of the Federal Advisory subject to the Privacy Act of 1974, (5 Review of Spectrum Management.’’ The Committee Act, as amended, all public U.S.C. 552a), as amended, have been mission of the DBB is to advise the presentations will be treated as public published in the Federal Register and Secretary of Defense on effective documents and will be made available are available from the address above. strategies for implementation of best for public inspection, up to and The proposed system report, as business practices of interest to the including being posted on the Board’s required by 5 U.S.C. 552a (r), of the Department of Defense. Web site. Privacy Act of 1974, as amended, was

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submitted on December 3, 2009 to the information will be used to provide RECORD ACCESS PROCEDURES: House Committee on Oversight and notifications to such persons regarding Delete entry and replace with Government Reform, the Senate possible contamination of the drinking ‘‘Individuals seeking access to Committee on Homeland Security and water on Camp Lejeune during this time additional information about themselves Governmental Affairs, and the Office of period.’’ contained in this system should address Management and Budget (OMB) written inquiries to the Headquarters, ROUTINE USES OF RECORDS MAINTAINED IN THE pursuant to paragraph 4c of Appendix I SYSTEM, INCLUDING CATEGORIES OF USERS AND U.S. Marine Corps, Installation and to OMB Circular No. A–130, ‘‘Federal THE PURPOSES OF SUCH USES: Logistics Division, Land Use and Agency Responsibilities for Maintaining Delete entry and replace with ‘‘In Military Construction Branch (LFL), 2 Records About Individuals,’’ dated addition to those disclosures generally Navy Annex, Room 3109, Washington, February 8, 1996 (February 20, 1996, 61 permitted under 5 U.S.C. 552a(b) of the DC 20380–1775. FR 6427). Privacy Act of 1974, these records or Written requests should contain full Dated: December 9, 2009. information may specifically be name. The system manager will require Mitchell S. Bryman, disclosed outside the DoD as a routine an original signature or a notarized signature as a means of proving the Alternate OSD Federal Register Liaison use pursuant to 5 U.S.C. 552a(b)(3) as Officer, Department of Defense. follows: identity of the individual requesting Pursuant to 5 U.S.C. 522a(b)(8) to access to the records.’’ M05100–6 federal and state public health and * * * * * environmental agencies in the SYSTEM NAME: RECORD SOURCE CATEGORIES: Camp Lejeune Historic Drinking performance of their official duties related to the protection and study of Delete entry and replace with Water Notification Registry (July 16, ‘‘Individuals, Defense Manpower Data 2007, 72 FR 38826). human health and the environment as affected by potential exposure to toxic Center (DMDC) database, and Agency CHANGES: contamination. for Toxic Substances and Diseases Registry (ATSDR) files.’’ SYSTEM NAME: To the Department of Veterans Affairs (DVA) for the purpose of providing * * * * * Delete entry and replace with ‘‘MCB medical care to former service members Camp Lejeune Historic Drinking Water M05100–6 and retirees, to determine the eligibility Notification Registry.’’ for or entitlement to benefits, to SYSTEM NAME: SYSTEM LOCATION: coordinate cost sharing activities, and to MCB Camp Lejeune Historic Drinking Delete entry and replace with facilitate collaborative research Water Notification Registry. ‘‘Headquarters, U.S. Marine Corps, activities between the DoD and DVA. Installation and Logistics Division, Land To officials and employees of the SYSTEM LOCATION: Use and Military Construction Branch Agency for Toxic Substances and Headquarters, U.S. Marine Corps, (LFL), 2 Navy Annex, Room 3109, Diseases Registry (ATSDR) to facilitate Installation and Logistics Division, Land Washington, DC 20380–1775.’’ ATSDR research activities. Use and Military Construction Branch The DoD ‘Blanket Routine Uses’ that (LFL), 2 Navy Annex, Room 3109, CATEGORIES OF INDIVIDUALS COVERED BY THE appear at the beginning of the Navy’s Washington, DC 20380–1775. SYSTEM: compilation of systems of records Delete entry and replace with ‘‘U.S. notices apply to this system.’’ CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Service Members including Active Duty, * * * * * Reserve, retired, and separated, military U.S. Service Members including dependents, Federal government RETRIEVABILITY: Active Duty, Reserve, retired, and employees, and civilian personnel who Delete entry and replace with separated, military dependents, Federal were stationed, lived, or were employed ‘‘Records will routinely be retrieved by government employees, and civilian aboard Marine Corps Base Camp name.’’ personnel who were stationed, lived, or Lejeune, NC between 1957 and 1987.’’ were employed aboard Marine Corps SAFEGUARDS: Base Camp Lejeune, NC between 1957 CATEGORIES OF RECORDS IN THE SYSTEM: Delete entry and replace with ‘‘The and 1987. Delete entry and replace with ‘‘Full Registry’s servers are located in a secure name, Social Security Number (SSN), area at Headquarters U.S. Marine Corps. CATEGORIES OF RECORDS IN THE SYSTEM: current address, phone number, e-mail Access to the database containing Full name, Social Security Number address, length of stay, address and duty registry records is controlled and (SSN), current address, phone number, status while living or working on Camp restricted by Headquarters U.S. Marine e-mail address, length of stay, address Lejeune.’’ Corps personnel with authorized access and duty status while living or working only.’’ on Camp Lejeune. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with ‘‘10 RETENTION AND DISPOSAL: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: U.S.C. 5041, Headquarters, U.S. Marine Delete entry and replace with 10 U.S.C. 5041, Headquarters, U.S. Corps; and E.O. 9397 (SSN), as ‘‘Indefinite, pending NARA approval. Marine Corps; and E.O. 9397 (SSN), as amended. amended.’’ SYSTEM MANAGER(S) AND ADDRESS: PURPOSE(S): Delete entry and replace with PURPOSE(S): Delete entry and replace with ‘‘The ‘‘Headquarters, U.S. Marine Corps, The purpose of this system is to purpose of this system is to obtain and Installation and Logistics Division, Land obtain and maintain contact information maintain contact information of people Use and Military Construction Branch of people who may have been exposed who may have been exposed to the (LFL), 2 Navy Annex, Room 3109, to the drinking water at Camp Lejeune drinking water at Camp Lejeune Washington, DC 20380–1775.’’ between 1957 and 1987. The between 1957 and 1987. The * * * * * information will be used to provide

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notifications to such persons regarding NOTIFICATION PROCEDURE: 1976 (5 U.S.C. 552b, as amended), and possible contamination of the drinking Individuals seeking to determine 41 CFR 102–3.50, the Department of water on Camp Lejeune during this time whether information about themselves Defense gives notice that it is modifying period. is contained in this system should the charter for the Defense Task Force address written inquiries to the on Sexual Assault in the Military ROUTINE USES OF RECORDS MAINTAINED IN THE Headquarters, U.S. Marine Corps, Services (hereafter referred to as the SYSTEM, INCLUDING CATEGORIES OF USERS AND Installation and Logistics Division, Land Task Force). THE PURPOSES OF SUCH USES: Use and Military Construction Branch FOR FURTHER INFORMATION CONTACT: Jim In addition to those disclosures (LFL), 2 Navy Annex, Room 3109, Freeman, Deputy Committee generally permitted under 5 U.S.C. Washington, DC 20380–1775. Management Officer for the Department 552a(b) of the Privacy Act of 1974, these Written requests should contain full of Defense, 703–601–6128. records or information may specifically name. The system manager will require SUPPLEMENTARY INFORMATION: be disclosed outside the DoD as a The Task an original signature or a notarized Force, pursuant to section 576 of Public routine use pursuant to 5 U.S.C. signature as a means of proving the 552a(b)(3) as follows: Law 108–375, is a non-discretionary identity of the individual requesting federal advisory committee established Pursuant to 5 U.S.C. 522a(b)(8) to access to the records. to conduct an examination of matters federal and state public health and relating to sexual assault by members or environmental agencies in the RECORD ACCESS PROCEDURES: against members of the Armed Forces of performance of their official duties Individuals seeking access to the United States. related to the protection and study of additional information about themselves Pursuant to section 576(e) of public human health and the environment as contained in this system should address Law 108–375, the Task Force, no later affected by potential exposure to toxic written inquiries to the Headquarters, than December 1, 2009, shall submit to contamination. U.S. Marine Corps, Installation and the Secretary of Defense and the To the Department of Veterans Affairs Logistics Division, Land Use and Military Construction Branch (LFL), 2 Secretaries of the Army, Navy and Air (DVA) for the purpose of providing Force, its report on the activities of the medical care to former service members Navy Annex, Room 3109, Washington, DC 20380–1775. Department of Defense and the Armed and retirees, to determine the eligibility Forces to respond to sexual assault. for or entitlement to benefits, to Written requests should contain full name. The system manager will require The Task Force shall be comprised of coordinate cost sharing activities, and to no more than ten members and the facilitate collaborative research an original signature or a notarized signature as a means of proving the membership shall be comprised of an activities between the DoD and DVA. equal number of DoD and civilian To officials and employees of the identity of the individual requesting access to the records. members. Agency for Toxic Substances and The Secretary of Defense shall select Diseases Registry (ATSDR) to facilitate CONTESTING RECORD PROCEDURES: the DoD Co-Chairperson, and the ATSDR research activities. The Navy’s rules for accessing civilian members shall select a civilian The DoD ‘Blanket Routine Uses’ that records, and for contesting contents and Co-Chairperson. appear at the beginning of the Navy’s appealing initial agency determinations Task Force members who are compilation of systems of records are published in Secretary of the Navy appointed by the Secretary of Defense, notices apply to this system. Instruction 5211.5; 32 CFR part 701; or who are not full-time or permanent part- time federal employees, shall be POLICIES AND PRACTICES FOR STORING, may be obtained from the system appointed as experts and consultants RETRIEVING, ACCESSING, RETAINING, AND manager. DISPOSING OF RECORDS IN THE SYSTEM: under the authority of 5 U.S.C. 3109 and RECORD SOURCE CATEGORIES: serve as Special Government STORAGE: Individuals, Defense Manpower Data Employees. All members shall be Electronic storage media. Center (DMDC) database, and Agency appointed on an annual basis for the for Toxic Substances and Diseases duration of the Task Force. RETRIEVABILITY: Registry (ATSDR) files. Task Force members who are federal officers or employees shall serve Records will routinely be retrieved by EXEMPTIONS CLAIMED FOR THE SYSTEM: name. without compensation (other than None. compensation to which they are entitled SAFEGUARDS: [FR Doc. E9–29646 Filed 12–11–09; 8:45 am] to as Federal officers or employees). The Registry’s servers are located in a BILLING CODE 5001–06–P Other Task Force members shall be secure area at Headquarters U.S. Marine appointed under the authority of 5 Corps. Access to the database containing U.S.C 3161 and will receive registry records is controlled and DEPARTMENT OF DEFENSE compensation for their service. All Task restricted by Headquarters U.S. Marine Force members shall receive Corps personnel with authorized access Office of the Secretary compensation for travel and per diem only. for official Task Force travel. Renewal of Department of Defense With DoD approval, the Task Force is Federal Advisory Committees RETENTION AND DISPOSAL: authorized to establish subcommittees, Indefinite, pending NARA approval. AGENCY: Department of Defense (DoD). as necessary and consistent with its ACTION: Renewal of Federal advisory mission. These subcommittees or SYSTEM MANAGER(S) AND ADDRESS: committee. working groups shall operate under the Headquarters U.S. Marine Corps, provisions of the Federal Advisory Installation and Logistics Division, Land SUMMARY: Under the provisions of the Committee Act of 1972, the Government Use and Military Construction Branch Federal Advisory Committee Act of in the Sunshine Act of 1976 (5 U.S.C (LFL), 2 Navy Annex, Room 3109, 1972, (5 U.S.C. Appendix, as amended), 552B, as amended), and other Washington, DC 20380–1775. the Government in the Sunshine Act of appropriate Federal regulations.

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Such subcommittees or workgroups Dated: December 9, 2009. docket may do so through eSubscription shall not work independently of the Mitchell S. Bryman, at http://www.ferc.gov/docs-filing/ chartered Task Force, and shall report Alternate OSD Federal Register Liaison esubscription.asp). In addition, all all their recommendations and advice to Officer, Department of Defense. comments and FERC issuances may be the Task Force for full deliberation and [FR Doc. E9–29645 Filed 12–11–09; 8:45 am] viewed, printed and downloaded discussion. Subcommittees or BILLING CODE 5001–06–P remotely through the Commission’s workgroups have no authority to make website using the ‘‘eLibrary’’ link and decisions on behalf of the chartered searching on Docket Number IC10–580. Task Force nor can they report directly DEPARTMENT OF ENERGY For user assistance, contact FERC to the Department of Defense or any Online Support, e-mail at Federal officers or employees who are Federal Energy Regulatory [email protected], or call toll- not Task Force members. Commission free at (866) 208–3676, or for TTY, Subcommittee members, who are not contact (202) 502–8659). [Docket Nos. IC10–580–000, IN79–6) Task Force members, shall be appointed FOR FURTHER INFORMATION: Michael in the same manner as the Task Force Commission Information Collection Miller may be reached by telephone at members. Activities, Proposed Collection (FERC– (202) 502–8415, by fax at (202) 273– The Task Force shall meet at the call 580); Comment Request 0873, and by e-mail at of the Task Force’s Designated Federal [email protected]. Officer, in consultation with the December 4, 2009. SUPPLEMENTARY INFORMATION: The Chairperson. The estimated number of AGENCY: Federal Energy Regulatory Public Utility Regulatory Policies Act Task Force meetings is six per year. Commission. (PURPA), enacted November 8, 1978, The Designated Federal Officer, ACTION: Notice of proposed information amended the Federal Power Act (the pursuant to DoD policy, shall be a full- collection and request for comments. Act) and directed the Commission to time or permanent part-time DoD make comprehensive biennial reviews SUMMARY: employee, and shall be appointed in In compliance with the of certain matters related to automatic accordance with established DoD requirements of Section 3506(c)(2)(A) of adjustment clauses in wholesale rate policies and procedures. In addition, the the Paperwork Reduction Act of 1995, schedules used by public utilities Designated Federal Officer is required to 44 U.S.C. 3506(c)(2)(A) (2006), the subject to the Commission’s be in attendance at all meetings, Federal Energy Regulatory Commission jurisdiction. Specifically, the however, in the absence of the (FERC or Commission) is soliciting Commission is required to examine Designated Federal Officer, the public comment on the proposed whether the clauses effectively provide Alternate Designated Federal Officer information collection described below. the incentives for efficient use of shall attend the meeting. DATES: Comments on the proposed resources and also whether the clauses Pursuant to 41 CFR 102–3.105(j) and collection of information are due 60 reflect only those costs that are either 102–3.140, the public or interested days after publication in the Federal ‘‘subject to periodic fluctuations’’ or organizations may submit written Register. ‘‘not susceptible to precise statements to the Defense Task Force on ADDRESSES: Comments may be filed determinations’’ in rate cases prior to Sexual Assault in the Military Services either electronically (eFiled) or in paper the time the costs are incurred. The membership about the Task Forces’ format, and should refer to Docket No. Commission is also required to review mission and functions. Written IC10–580–000. Documents must be the practices of each public utility statements may be submitted at any prepared in an acceptable filing format under automatic adjustment clauses ‘‘to time or in response to the stated agenda and in compliance with Commission insure efficient use of resources under of planned meeting of the Defense Task submission guidelines at http:// such clauses.’’ 1 In response to the Force on Sexual Assault in the Military www.ferc.gov/help/submission- PURPA directive, the Commission (in Services. guide.asp. Docket No. IN79–6) established an All written statements shall be Comments may be eFiled. The eFiling investigation and began in 1982, to submitted to the Designated Federal option under the Documents & Filings collect every other year, the FERC–580 Officer for the Defense Task Force on tab on the Commission’s home Web ‘‘Interrogatory on Fuel and Energy Sexual Assault in the Military Services, page directs users to the eFiling Web Purchase Practices.’’ (OMB No. 1902– and this individual will ensure that the page. First time users will have to 0137). written statements are provided to the follow the eRegister instructions on the In conjunction with the Paperwork membership for their consideration. eFiling Web page: http://www.ferc.gov/ Reduction Act information collection Contact information for Defense Task docs-filing/eregistration.asp, to establish three-year renewal cycle (as Force on Sexual Assault in the Military a user name and password before administered by the Office of Services’ Designated Federal Officer can eFiling. The Commission will send an Management and Budget (OMB)), the be obtained from the GSA’s FACA automatic acknowledgement to the Commission proposes to modify the Database—https://www.fido.gov/ sender’s e-mail address upon receipt of questions in the interrogatory. There are several proposed changes to this facadatabase/public.asp. comments through eFiling. The Designated Federal Officer, Commenters filing electronically reporting cycle and we seek comment pursuant to 41 CFR 102–3.150, will should not make a paper filing. on those changes. First, as it has been announce planned meetings of the Commenters that are not able to file several years since the Commission collected information on automatic Defense Task Force on Sexual Assault in electronically must send an original and adjustment clauses other than fuel- the Military Services. The Designated two (2) paper copies of the comments to: adjustment clauses, therefore we Federal Officer, at that time, may Federal Energy Regulatory Commission, propose in this cycle, to include provide additional guidance on the Secretary of the Commission, 888 First submission of written statements that Street, NE., Washington, DC 20426. 1 The review requirement is set forth in two are in response to the stated agenda for Users interested in receiving paragraphs of Section 208 of PURPA, 49 Stat.851; the planned meeting in question. automatic notification of activity in this 16 U.S.C. 824d

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questions necessary to collect basic In addition, the Commission has are available from the FERC’s eLibrary information identifying automatic redesigned the FERC–580 so that the (http://www.ferc.gov/docs-filing/ adjustment clauses of all types, through information may be collected elibrary.asp) by searching Docket No. which costs have been flowed, during electronically through a FERC-designed, IC09–580–000, and through the FERC’s the current reporting period. Second, easy-to-complete, fillable form that will Public Reference Room 202–502–8731. the Commission proposes to expand include such user-friendly features such Interested parties may also request previous interrogatory questions as pre-populated fields and dropdown paper copies of the interrogatory, regarding fuel procurement practices menus. The program will automatically instructions, and glossary by contacting and adjustment clause treatment of generate additional rows when needed, Michael Miller, by telephone at (202) purchased power to elicit more and will connect identification 502–8415, by fax at (202) 273–0873, or complete information and eliminate the information (e.g. contract numbers and by e-mail at [email protected]. need for follow-up questions. docket numbers) with their proper In summary, the Commission seeks corresponding detail information to To accomplish these changes, the public comment on, and subsequent eliminate multiple entries of duplicative OMB approval of the proposed revised Commission proposes to redesign the information. In subsequent cycles, FERC–580 in order to eliminate the information collection (FERC–580, respondents will be able to retrieve ‘‘Interrogatory on Fuel and Energy need for confidential treatment requests. information for filings previously The Commission proposes to remove all Purchase Practices’’) and the related entered, thereby reducing the filing estimated burden. of the transportation contract questions, burden. These modifications should the request for copies of fuel-related facilitate greater ease to the respondent Action: The Commission is requesting audits, as well as the request for in both submission and access to the a three-year extension of the current information regarding supplier information. expiration date for the proposed revised identification, fuel shipped for others, A copy of the interrogatory, desk reporting requirements. and liability. This information is not reference, and glossary are attached and Burden Statement: Public reporting currently needed for a Commission part of this document, but they are not burden for this collection is estimated investigation. included in the Federal Register. They at:

Annual Number of number of re- Average Total annual respondents sponses per burden hours burden hours (1) respondent per response (1) x (2) x (3) (2) (3)

Respondents with FACs ...... 45 0.5 2103 2310 Respondents with AACs but no FACs ...... 125 0.5 20 1250 Respondents with no AACs (no FACs) ...... 40 0.5 2 40

Total ...... 3600

The total burden has not changed disclosing and providing information; including whether the information will from previous years. The burden (3) adjusting the existing ways to have practical utility; (2) terms and associated with interrogatory responses comply with any previously applicable definitions in the interrogatory and will vary by utility depending on instructions and requirements; (4) glossary; (3) the accuracy of the agency’s whether the utility has or does not have training personnel to respond to a burden estimate of the proposed an automatic adjustment clause and collection of information; (5) searching collection of information, including the depending on whether or not those data sources; (6) completing and validity of the methodology and utilities with adjustment clauses allow reviewing the collection of information; assumptions used; (4) ways to enhance automatic adjustment of fuel cost. On and (7) transmitting, or otherwise the quality, utility and clarity of the average, the Commission estimates a providing the information. information to be collected; and (5) cost burden to respondents of The respondent’s cost estimate is 3 ways to minimize respondent $238,628.08. (3,600 hours/2,080 hours based on salaries for professional and 4 information collection burden. per year, times $137,874 equals clerical support, as well as direct and $238,628.08). The cost per respondent is indirect overhead costs. Direct costs Nathaniel J. Davis, Sr., $ $3.393.82 (FAC); $668.16 (AAC) and include all costs directly attributable to Deputy Secretary. $59.66 (none). providing this information, such as Note: The Attachments (interrogatory, The reporting burden includes the administrative costs and the cost for total time, effort, and financial resources instructions, and glossary) will not be information technology. Indirect or expended to generate, maintain, retain, included in the Federal Register. The overhead costs are costs incurred by an disclose, or provide the information Attachments are available on the FERC’s organization in support of its mission. including: (1) Reviewing instructions; eLibrary (http://www.ferc.gov/docs-filing/ These costs apply to activities which (2) developing, acquiring, installing, and elibrary.asp) by searching Docket No. IC10– benefit the whole organization rather utilizing technology and systems for the 580–000, and through the FERC Public than any one particular function or purposes of collecting, validating, Reference Room. activity. verifying, processing, maintaining, Comments are invited on: (1) Whether [FR Doc. E9–29666 Filed 12–11–09; 8:45 am] 2 Rounded off the proposed collection of information BILLING CODE 6717–01–P 3 Number of hours an employee works each year. is necessary for the proper performance 4 Average annual salary per employee. of the functions of the Commission,

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DEPARTMENT OF ENERGY method of submitting text only to and east of the Corps dam; and (2) a comments, click on ‘‘Quick Comment.’’ proposed 69 kV transmission line Federal Energy Regulatory For assistance, please contact FERC approximately 13 miles long extending Commission Online Support at from the turbine units to a transfer [Project No. 13523–000] [email protected]; call toll- station near the town of Marksville. The free at (866) 208–3676; or, for TTY, project would have an estimated annual Lock+ Hydro Friends Fund XXI, LLC; contact (202) 502–8659. Although the generation of 37,277 megawatt-hours. Notice of Preliminary Permit Commission strongly encourages Applicant Contact: Wayne F. Krouse; Application Accepted for Filing and electronic filing, documents may also be Soliciting Comments, Motions To paper-filed. To paper-file, mail an Hydro Green Energy, LLC; 5090 Intervene, and Competing Applications original and eight copies to: Kimberly D. Richmond Avenue #390; Houston, TX Bose, Secretary, Federal Energy 77056; phone: (877) 556–6566 x709. December 7, 2009. Regulatory Commission, 888 First FERC Contact: Monte TerHaar at On July 19, 2009, Lock+ Hydro Street, NE., Washington, DC 20426. [email protected] or phone 202– Friends Fund XXI, LLC filed an More information about this project, 502–6035. application for a preliminary permit, including a copy of the application, can Deadline for filing comments, motions pursuant to section 4(f) of the Federal be viewed or printed on the ‘‘eLibrary’’ to intervene, competing applications Power Act, proposing to study the link of the Commission’s Web site at (without notices of intent), or notices of feasibility of the Project Black Cat Bone, http://www.ferc.gov/docs-filing/ which would be located at the U.S. elibrary.asp. Enter the docket number intent to file competing applications: 60 Army Corps of Engineers’ Amory Lock (P–13523) in the docket number field to days from the issuance of this notice. and Dam on the Tennessee-Tombigbee access the document. For assistance, Comments, motions to intervene, Waterway near the town of Amory, contact FERC Online Support. notices of intent, and competing Monroe County, MS. The sole purpose applications may be filed electronically of a preliminary permit, if issued, is to Kimberly D. Bose, via the Internet. See 18 CFR grant the permit holder priority to file Secretary. 385.2001(a)(1)(iii) and the instructions a license application during the permit [FR Doc. E9–29624 Filed 12–11–09; 8:45 am] on the Commission’s Web site (http:// term. A preliminary permit does not BILLING CODE 6717–01–P www.ferc.gov/docs-filing/ferconline.asp) authorize the permit holder to perform under the ‘‘eFiling’’ link. For a simpler any land disturbing activities or method of submitting text only otherwise enter upon lands or waters DEPARTMENT OF ENERGY comments, click on ‘‘Quick Comment.’’ owned by others without the owners’ Federal Energy Regulatory For assistance, please contact FERC express permission. Online Support at The proposed project would consist of Commission [email protected]; call toll- the following: [Project No. 13558–000] (1) Two lock frame modules free at (866) 208–3676; or, for TTY, consisting of eighteen 2,000 kilowatt Lock+ Hydro Friends Fund XXVIV, contact (202) 502–8659. Although the turbines placed in a concrete-lined LLC; Notice of Preliminary Permit Commission strongly encourages conduit of unknown dimensions. The Application Accepted for Filing and electronic filing, documents may also be modules would be located adjacent to Soliciting Comments, Motions To paper-filed. To paper-file, mail an and northwest of the Corps dam; (2) a Intervene, and Competing Applications original and eight copies to: Kimberly D. proposed 69 kV transmission line Bose, Secretary, Federal Energy approximately 2.3 miles long extending December 7, 2009. Regulatory Commission, 888 First from the turbine units, adjacent to the On July 17, 2009, Lock+ Hydro Street, NE., Washington, DC 20426. Friends Fund XXVIV, LLC filed an waterway, to an existing distribution More information about this project, application for a preliminary permit, line located southwest of the dam. The including a copy of the application, can 36 megawatt project would have an pursuant to section 4(f) of the Federal Power Act, proposing to study the be viewed or printed on the ‘‘eLibrary’’ estimated annual generation of 284 link of the Commission’s Web site at gigawatt-hours. feasibility of the Project Green Voodoo, Applicant Contact: Wayne F. Krouse; which would be located at the U.S. http://www.ferc.gov/docs-filing/ Hydro Green Energy, LLC; 5090 Army Corps of Engineer’s Red River elibrary.asp. Enter the docket number Richmond Avenue #390; Houston, TX Lock and Dam No. 1 on the Red River (P–13558) in the docket number field to 77056; phone: (877) 556–6566 x709. near the town of Marksville, Catahoula access the document. For assistance, FERC Contact: Monte TerHaar at Parish, LA. The sole purpose of a contact FERC Online Support. [email protected] or phone 202– preliminary permit, if issued, is to grant Kimberly D. Bose, 502–6035. the permit holder priority to file a Deadline for filing comments, motions license application during the permit Secretary. to intervene, competing applications term. A preliminary permit does not [FR Doc. E9–29625 Filed 12–11–09; 8:45 am] (without notices of intent), or notices of authorize the permit holder to perform BILLING CODE 6717–01–P intent to file competing applications: 60 any land disturbing activities or days from the issuance of this notice. otherwise enter upon lands or waters Comments, motions to intervene, owned by others without the owners’ notices of intent, and competing express permission. applications may be filed electronically The proposed project would consist of via the Internet. See 18 CFR the following: 385.2001(a)(1)(iii) and the instructions (1) One lock frame module consisting on the Commission’s Web site (http:// of nine turbines placed in a concrete- www.ferc.gov/docs-filing/ferconline.asp) lined conduit of unknown dimensions. under the ‘‘eFiling’’ link. For a simpler The module would be located adjacent

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DEPARTMENT OF ENERGY www.ferc.gov/docs-filing/ferconline.asp) acre reservoir having a storage capacity under the ‘‘eFiling’’ link. For a simpler of 17,210 acre-feet and water surface Federal Energy Regulatory method of submitting text only elevations between 677 feet and 696 feet Commission comments, click on ‘‘Quick Comment.’’ mean sea level; (3) an intake and [Project No. 13515–000] For assistance, please contact FERC conduits delivering water to the project Online Support at turbines; (4) a concrete powerhouse Lock+ Hydro Friends Fund XIV, LLC; [email protected]; call toll- located 90 feet downstream of the dam; Notice of Preliminary Permit free at (866) 208–3676; or, for TTY, (5) two new Kaplan generating units Application Accepted for Filing and contact (202) 502–8659. Although the having an installed capacity of 4.5- Soliciting Comments, Motions To Commission strongly encourages megawatts; (6) a newly excavated 700- Intervene, and Competing Applications electronic filing, documents may also be foot-long tailrace; (7) a proposed paper-filed. To paper-file, mail an transmission line 0.5 mile long; and (8) December 7, 2009. original and eight copies to: Kimberly D. appurtenant facilities. The project On June 16, 2009, Lock+ Hydro Bose, Secretary, Federal Energy would have an average annual Friends Fund XIV, LLC filed an Regulatory Commission, 888 First application for a preliminary permit, Street, NE., Washington, DC 20426. generation of 17.325 gigawatt-hours. pursuant to section 4(f) of the Federal More information about this project, Applicant Contact: Mr. Chris Sinclair; Power Act, proposing to study the including a copy of the application, can Northbrook Energy, LLC; 14550 N Frank feasibility of the Project Emerald, which be viewed or printed on the ‘‘eLibrary’’ Lloyd Wright Blvd., Ste 210; Scottsdale, would be located at the U.S. Army link of the Commission’s Web site at AZ 85260; phone: (480) 551–1221. Corps of Engineer’s W.D. Mayo Lock http://www.ferc.gov/docs-filing/ and Dam No. 14 located on the Arkansas FERC Contact: Monte TerHaar at elibrary.asp. Enter the docket number [email protected] or phone 202– River near the town of Spiro, Sequoyah (P–13515) in the docket number field to 502–6035. County, OK and in Le Flore County, OK. access the document. For assistance, The sole purpose of a preliminary contact FERC Online Support. Deadline for filing comments, motions permit, if issued, is to grant the permit to intervene, competing applications holder priority to file a license Kimberly D. Bose, (without notices of intent), or notices of application during the permit term. A Secretary. intent to file competing applications: 60 preliminary permit does not authorize [FR Doc. E9–29623 Filed 12–11–09; 8:45 am] days from the issuance of this notice. the permit holder to perform any land BILLING CODE 6717–01–P Comments, motions to intervene, disturbing activities or otherwise enter notices of intent, and competing upon lands or waters owned by others applications may be filed electronically DEPARTMENT OF ENERGY without the owners’ express permission. via the Internet. See 18 CFR The proposed project would consist of the following: Federal Energy Regulatory 385.2001(a)(1)(iii) and the instructions (1) Two lock frame modules Commission on the Commission’s Web site (http:// www.ferc.gov/docs-filing/ferconline.asp) consisting of eighteen turbines rated at [Project No. 13598–000] 36,000 kilowatts. The modules would be under the ‘‘eFiling’’ link. For a simpler placed in a concrete-lined conduit of Northbrook Carters Lake, LLC; Notice method of submitting text only unknown dimensions. The modules of Preliminary Permit Application comments, click on ‘‘Quick Comment.’’ would be located adjacent to and Accepted for Filing and Soliciting For assistance, please contact FERC northeast of the Corps dam; and (2) a Comments, Motions To Intervene, and Online Support at proposed 69 kV transmission line Competing Applications [email protected]; call toll- approximately 1.4 miles long extending free at (866) 208–3676; or, for TTY, from the turbine units to an existing December 7, 2009. contact (202) 502–8659. Although the distribution line located 1.4 miles south On October 1, 2009, Northbrook Commission strongly encourages of the dam. The proposed transmission Carters Lake, LLC filed an application electronic filing, documents may also be line would cross the Arkansas River. for a preliminary permit, pursuant to paper-filed. To paper-file, mail an The project would have an estimated section 4(f) of the Federal Power Act, original and eight copies to: Kimberly D. annual generation of 284 gigawatt- proposing to study the feasibility of the Bose, Secretary, Federal Energy hours. Carters Lake Hydro Project, which Regulatory Commission, 888 First would be located at the U.S. Army Applicant Contact: Wayne F. Krouse; Street, NE., Washington, DC 20426. Hydro Green Energy, LLC; 5090 Corps of Engineer’s Carters Reregulation Richmond Avenue #390; Houston, TX Dam on the Coosawattee River near the More information about this project, 77056; phone: (877) 556–6566 x709. town of Calhoun, Murray County, including a copy of the application, can FERC Contact: Monte TerHaar at Georgia. The sole purpose of a be viewed or printed on the ‘‘eLibrary’’ [email protected] or phone 202– preliminary permit, if issued, is to grant link of Commission’s Web site at 502–6035. the permit holder priority to file a http://www.ferc.gov/docs-filing/ Deadline for filing comments, motions license application during the permit elibrary.asp. Enter the docket number to intervene, competing applications term. A preliminary permit does not (P–13598) in the docket number field to (without notices of intent), or notices of authorize the permit holder to perform access the document. For assistance, intent to file competing applications: 60 any land disturbing activities or contact FERC Online Support. days from the issuance of this notice. otherwise enter upon lands or waters Comments, motions to intervene, owned by others without the owners’ Kimberly D. Bose, notices of intent, and competing express permission. Secretary. applications may be filed electronically The proposed project would consist of [FR Doc. E9–29622 Filed 12–11–09; 8:45 am] via the Internet. See 18 CFR the following: BILLING CODE 6717–01–P 385.2001(a)(1)(iii) and the instructions (1) The existing 208-foot-wide Carters on the Commission’s Web site (http:// Reregulation Dam; (2) an existing 870-

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DEPARTMENT OF ENERGY 37 to FERC Gas Tariff, Third Revised Revised Sheet 219A et al to its FERC Volume No. 1. Gas Tariff, Third Revised Volume 1, to Federal Energy Regulatory Filed Date: 12/01/2009. be effective 2/1/10. Commission Accession Number: 20091201–0063. Filed Date: 12/01/2009. Comment Date: 5 p.m. Eastern Time Accession Number: 20091202–0043. Combined Notice of Filings on Monday, December 14, 2009. Comment Date: 5 p.m. Eastern Time December 2, 2009. Docket Numbers: RP10–203–000. on Monday, December 14, 2009. Take notice that the Commission has Applicants: Questar Overthrust Docket Numbers: RP10–209–000. received the following Natural Gas Pipeline Company. Applicants: Northern Natural Gas Pipeline Rate and Refund Report filings: Description: Questar Overthrust Company. Docket Numbers: RP10–197–000. Pipeline Co submits First Revised Sheet Description: Northern Natural Gas Applicants: Statoil Natural Gas LLC, No. 51 et al to FERC Gas Tariff, First Company submits for filing Fourth Gazprom Marketing & Trading USA, Inc. Revised Volume No. 1. Revised Sheet 66B.35 to its FERC Gas Description: Petition for Waiver of Filed Date: 12/01/2009. Tariff, Fifth Revised Volume 1, to be Statoil Natural Gas LLC and Gazprom Accession Number: 20091201–0062. effective 12/2/09. Marketing & Trading USA, Inc. Comment Date: 5 p.m. Eastern Time Filed Date: 12/01/2009. Filed Date: 12/01/2009. on Monday, December 14, 2009. Accession Number: 20091202–0042. Accession Number: 20091201–5099. Docket Numbers: RP10–204–000. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Applicants: Viking Gas Transmission on Monday, December 14, 2009. on Monday, December 14, 2009. Company. Docket Numbers: RP10–210–000. Docket Numbers: RP10–198–000. Description: Viking Gas Transmission Applicants: Kern River Gas Applicants: Columbia Gas Company submits Ninth Revised Sheet Transmission Company. Transmission, LLC. No. 51 et al to FERC Gas Tariff, First Description: Kern River Gas Description: Columbia Gas Revised Volume No. 1. Transmission Company submits First Transmission LLC submits Second Filed Date: 12/01/2009. Revised Second Revised Twentieth Revised Sheet No. 137 to FERC Gas Accession Number: 20091201–0061. Revised Sheet 5 to its FERC Gas Tariff, Tariff, Third Revised Volume No. 1. Comment Date: 5 p.m. Eastern Time Second Revised Volume 1, to be Filed Date: 12/01/2009. on Monday, December 14, 2009. effective 1/1/10. Accession Number: 20091201–0067. Docket Numbers: RP10–205–000. Filed Date: 12/01/2009. Comment Date: 5 p.m. Eastern Time Applicants: OkTex Pipeline Accession Number: 20091202–0041. on Monday, December 14, 2009. Company, L.L.C. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP10–199–000. Description: OkTex Pipeline on Monday, December 14, 2009. Applicants: MarkWest Pioneer, L.L.C. Company, L.L.C submits for filing Sixth Docket Numbers: RP10–211–000. Description: MarkWest Pioneer, LLC Revised Sheet 1 et al to its FERC Gas Applicants: ANR Pipeline Company. submits Second Revised Sheet No. 5 to Tariff, Original Revised Volume 1, to be Description: ANR Pipeline Company FERC Gas Tariff, Original Volume No. 1. effective 2/1/10. submits Rate Schedule FSS negotiated Filed Date: 12/01/2009. Filed Date: 12/01/2009. rate agreement with Intergrys Energy Accession Number: 20091201–0066. Accession Number: 20091202–0045. Services, Inc etc to be effective 12/1/09. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Filed Date: 12/01/2009. on Monday, December 14, 2009. on Monday, December 14, 2009. Accession Number: 20091202–0040. Docket Numbers: RP10–200–000. Docket Numbers: RP10–206–000. Comment Date: 5 p.m. Eastern Time Applicants: Natural Gas Pipeline Applicants: CenterPoint Energy Gas on Monday, December 14, 2009. Company of America. Transmission Co. Docket Numbers: RP10–212–000. Description: Natural Gas Pipeline Description: CenterPoint Energy Gas Applicants: Guardian Pipeline, LLC. Company of America submits Third Transmission Company submits Eighth Description: Guardian Pipeline, LLC Revised Sheet No. 34C et al to FERC Gas Revised Sheet No 1 et al to FERC Gas submits First Revised Sheet 114A et al Tariff, Seventh Revised Volume No. 1. Tariff, Sixth Revised Volume No 1, to be of its FERC Gas Tariff, Original Volume Filed Date: 12/01/2009. effective 1/1/10. 1 to be effective 2/1/10. Accession Number: 20091201–0065. Filed Date: 12/01/2009. Filed Date: 12/01/2009. Comment Date: 5 p.m. Eastern Time Accession Number: 20091202–0046. Accession Number: 20091202–0039. on Monday, December 14, 2009. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Monday, December 14, 2009. Docket Numbers: RP10–201–000. on Monday, December 14, 2009. Applicants: Rockies Express Pipeline Docket Numbers: RP10–207–000. Docket Numbers: RP10–213–000. LLC. Applicants: Guardian Pipeline, LLC. Applicants: WTG Hugoton, LP. Description: Rockies Express Pipeline Description: Guardian Pipeline, LLC Description: WTG Hugoton, LP LLC request that FERC grant limited tenders for filing Thirteenth Sheet 6 et submits Third Revised Sheet 5 to FERC waivers of the filing requirements of al. to its FERC Gas Tariff, Original Gas Tariff to FERC Gas Tariff, Original Part 154. Volume 1, to be effective 1/1/10. Volume 1 to reflect its Fuel Retention Filed Date: 12/01/2009. Filed Date: 12/01/2009. Percentages applicable to transportation Accession Number: 20091201–0064. Accession Number: 20091202–0044. service provided etc, effective 1/1/10. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Filed Date: 12/01/2009. on Monday, December 14, 2009. on Monday, December 14, 2009. Accession Number: 20091202–0038. Docket Numbers: RP10–202–000. Docket Numbers: RP10–208–000. Comment Date: 5 p.m. Eastern Time Applicants: Texas Gas Transmission, Applicants: Midwestern Gas on Monday, December 14, 2009. LLC. Transmission Company. Any person desiring to intervene or to Description: Texas Gas Transmission Description: Midwestern Gas protest in any of the above proceedings LLC submits Fourth Revised Sheet No. Transmission Company submits First must file in accordance with Rules 211

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and 214 of the Commission’s Rules of DEPARTMENT OF ENERGY Description: Operational Purchases Practice and Procedure (18 CFR 385.211 and Sales Annual Report ending June and 385.214) on or before 5 p.m. Eastern Federal Energy Regulatory 30, 2009 of Wyoming Interstate time on the specified comment date. It Commission Company, Ltd. is not necessary to separately intervene Filed Date: 12/02/2009. Combined Notice of Filings again in a subdocket related to a Accession Number: 20091202–5075. Comment Date: 5 p.m. Eastern Time compliance filing if you have previously December 4, 2009. on Monday, December 14, 2009. intervened in the same docket. Protests Take notice that the Commission has Docket Numbers: RP10–220–000. will be considered by the Commission received the following Natural Gas Applicants: Transcontinental Gas in determining the appropriate action to Pipeline Rate and Refund Report filings: Pipe Line Company, be taken, but will not serve to make Docket Numbers: RP10–214–000. Description: Transcontinental Gas protestants parties to the proceeding. Applicants: Alliance Pipeline L.P. Pipe Line Company submits First Anyone filing a motion to intervene or Description: Alliance Pipeline, LP Revised Sheet 1 et al to FERC Gas Tariff, protest must serve a copy of that submits Sixteenth Revised Sheet 11 et al Fourth Revised Volume 1 et al to be document on the Applicant. In reference to FERC Gas Tariff, Original Volume 1 effective 1/4/10. to filings initiating a new proceeding, to be effective 1/1/10. Filed Date: 12/02/2009. interventions or protests submitted on Filed Date: 11/30/2009. Accession Number: 20091203–0057. or before the comment deadline need Accession Number: 20091203–0056. Comment Date: 5 p.m. Eastern Time not be served on persons other than the Comment Date: 5 p.m. Eastern Time on Monday, December 14, 2009. Applicant. on Monday, December 14, 2009. Any person desiring to intervene or to Docket Numbers: RP10–215–000. protest in any of the above proceedings The Commission encourages Applicants: Mojave Pipeline must file in accordance with Rules 211 electronic submission of protests and Company. and 214 of the Commission’s Rules of interventions in lieu of paper, using the Description: Mojave Pipeline Co Practice and Procedure (18 CFR 385.211 FERC Online links at http:// submits Thirtieth Revised Sheet No. 11 and 385.214) on or before 5 p.m. Eastern www.ferc.gov. To facilitate electronic to FERC Gas Tariff, Second Revised time on the specified comment date. It service, persons with Internet access Volume No. 1, to be effective 1/1/10. is not necessary to separately intervene who will eFile a document and/or be Filed Date: 11/30/2009. again in a subdocket related to a listed as a contact for an intervenor Accession Number: 20091202–0106. compliance filing if you have previously must create and validate an Comment Date: 5 p.m. Eastern Time intervened in the same docket. Protests eRegistration account using the on Monday, December 14, 2009. will be considered by the Commission eRegistration link. Select the eFiling Docket Numbers: RP10–216–000. in determining the appropriate action to link to log on and submit the Applicants: El Paso Natural Gas be taken, but will not serve to make intervention or protests. Company. protestants parties to the proceeding. Description: El Paso Natural Co Anyone filing a motion to intervene or Persons unable to file electronically submits Nineteenth Revised Sheet No. protest must serve a copy of that should submit an original and 14 copies 29 to FERC Gas Tariff, Second Revised document on the Applicant. In reference of the intervention or protest to the Volume No. 1A, to be effective 1/1/10. to filings initiating a new proceeding, Federal Energy Regulatory Commission, Filed Date: 11/30/2009. interventions or protests submitted on 888 First St. NE., Washington, DC Accession Number: 20091202–0108. or before the comment deadline need 20426. Comment Date: 5 p.m. Eastern Time not be served on persons other than the The filings in the above proceedings on Monday, December 14, 2009. Applicant. are accessible in the Commission’s Docket Numbers: RP10–217–000. The Commission encourages eLibrary system by clicking on the Applicants: Texas Gas Transmission, electronic submission of protests and appropriate link in the above list. They LLC. interventions in lieu of paper, using the are also available for review in the Description: Texas Gas Transmission, FERC Online links at http:// Commission’s Public Reference Room in LLC submits Fourth Revised Sheet No. www.ferc.gov. To facilitate electronic Washington, DC. There is an 35 to FERC Gas Tariff, Third Revised service, persons with Internet access Volume No. 1, to be effective 1/1/10. eSubscription link on the Web site that who will eFile a document and/or be Filed Date: 12/02/2009. enables subscribers to receive e-mail listed as a contact for an intervenor Accession Number: 20091202–0109. notification when a document is added must create and validate an Comment Date: 5 p.m. Eastern Time eRegistration account using the to a subscribed docket(s). For assistance on Monday, December 14, 2009. eRegistration link. Select the eFiling with any FERC Online service, please e- Docket Numbers: RP10–218–000. link to log on and submit the mail [email protected]. or Applicants: Northern Natural Gas intervention or protests. call (866) 208–3676 (toll free). For TTY, Company. Persons unable to file electronically call (202) 502–8659. Description: Northern Natural Gas should submit an original and 14 copies Nathaniel J. Davis, Sr., Company submits Fifth Revised Sheet of the intervention or protest to the No. 66B.35 to FERC Gas Tariff, Fifth Federal Energy Regulatory Commission, Deputy Secretary. Revised Volume No. 1, to be effective 888 First St. NE., Washington, DC [FR Doc. E9–29665 Filed 12–11–09; 8:45 am] 12/3/09. 20426. BILLING CODE 6717–01–P Filed Date: 12/02/2009. The filings in the above proceedings Accession Number: 20091202–0111. are accessible in the Commission’s Comment Date: 5 p.m. Eastern Time eLibrary system by clicking on the on Monday, December 14, 2009. appropriate link in the above list. They Docket Numbers: RP10–219–000. are also available for review in the Applicants: Wyoming Interstate Commission’s Public Reference Room in Company, Ltd. Washington, DC. There is an

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eSubscription link on the Web site that Comment Date: 5 p.m. Eastern Time Filed Date: 12/02/2009. enables subscribers to receive e-mail on Tuesday, December 22, 2009. Accession Number: 20091202–0160. notification when a document is added Docket Numbers: ER09–1269–002; Comment Date: 5 p.m. Eastern Time to a subscribed docket(s). For assistance ER09–1270–002. on Wednesday, December 23, 2009. with any FERC Online service, please e- Applicants: Escondido Energy Center, Docket Numbers: ER10–249–001. mail [email protected]. or LLC, Chula Vista Energy Center, LLC. Applicants: Illinois Power Company & call (866) 208–3676 (toll free). For TTY, Description: Supplemental Ameren Illinois. call (202) 502–8659. Information Requested Informally by Description: Illinois Power Co and Nathaniel J. Davis, Sr., Commission Staff of Escondido Energy Ameren Illinois Transmission Co submit Deputy Secretary. Center, LLC, et al. revised Exhibit A to the Joint Filed Date: 11/30/2009. Ownership Agreement. [FR Doc. E9–29664 Filed 12–11–09; 8:45 am] Accession Number: 20091130–5149. Filed Date: 12/01/2009. BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time Accession Number: 20091202–0152. on Monday, December 21, 2009. Comment Date: 5 p.m. Eastern Time DEPARTMENT OF ENERGY Docket Numbers: ER10–90–001. on Friday, December 11, 2009. Applicants: Lonestar Energy Partners, Docket Numbers: ER10–328–001. Federal Energy Regulatory LLC. Applicants: Niagara Mohawk Power Commission Description: Lonestar Energy Partners, Corporation. LLC submits the Amended Petition for Description: National Grid submits Combined Notice of Filings #1 Acceptance of Initial Rate Schedule, errata to amendment of Formula Waivers and Blanket Authority. Transmission Rate Supported by December 4, 2009. Filed Date: 12/02/2009. Stipulation. Take notice that the Commission Accession Number: 20091202–0173. Filed Date: 12/01/2009. received the following electric corporate Comment Date: 5 p.m. Eastern Time Accession Number: 20091202–0085. filings: on Wednesday, December 23, 2009. Comment Date: 5 p.m. Eastern Time Docket Numbers: EC10–28–000. on Tuesday, December 22, 2009. Applicants: La Paloma Generating Docket Numbers: ER10–92–002. Company, LLC. Applicants: EDF Trading North Docket Numbers: ER10–343–000. Description: Application for America, LLC. Applicants: PJM Interconnection, Authorization for Disposition of Description: Notice of Non-Material L.L.C. Jurisdictional Facilities and Request for Change in Status of EDF Trading North Description: PJM Interconnection, Expedited Action of La Poloma America, LLC. LLC submits executed interconnection Generating Company, LLC. Filed Date: 12/02/2009. service agreement among PJM, Filed Date: 12/03/2009. Accession Number: 20091202–5132. Worcester County Renewable Energy, Accession Number: 20091203–5086. Comment Date: 5 p.m. Eastern Time LLC, and Delmarva Power and Light Comment Date: 5 p.m. Eastern Time on Wednesday, December 23, 2009. Company. on Thursday, December 24, 2009. Docket Numbers: ER10–228–001. Filed Date: 11/30/2009. Accession Number: 20091202–0015. Take notice that the Commission Applicants: Star Point Wind Project Comment Date: 5 p.m. Eastern Time received the following electric rate LLC. on Monday, December 21, 2009. filings: Description: Star Point Wind Project, LLC submits Substitute Original Sheet 1 Docket Numbers: ER10–345–000. Docket Numbers: ER01–462–002. Applicants: DPL Energy Resources, et al. to FERC Electric Tariff, Original Applicants: Calpine Construction Inc. Volume 1. Finance Company, LP. Description: DPL Energy Resources, Filed Date: 12/01/2009. Description: Calpine Construction Inc submits Substitute First Revised Accession Number: 20091202–0161. Finance Company, LP submits notice of Sheet 1 to its FERC Electric Rate Comment Date: 5 p.m. Eastern Time cancellation to Rate Schedule FERC No Schedule 1, to be effective 12/27/09. on Tuesday, December 22, 2009. 3. Filed Date: 11/30/2009. Docket Numbers: ER10–230–000. Filed Date: 11/30/2009. Accession Number: 20091203–0010. Applicants: Kansas City Power & Accession Number: 20091202–0100. Comment Date: 5 p.m. Eastern Time Light Company, KCP&L Greater Comment Date: 5 p.m. Eastern Time on Monday, December 21, 2009. Missouri Operations Company. on Monday, December 21, 2009. Docket Numbers: ER09–412–009. Description: Kansas City Power & Docket Numbers: ER10–346–000. Applicants: PJM Interconnection, Light Company et al. submits revised Applicants: Calvert Cliffs Nuclear L.L.C. tariff sheets for the GMO open access Power Plant LLC. Description: PJM Interconnection, transmission tariff revised tariff sheets Description: Constellation Energy L.L.C. status of stakeholder. for Schedule 1 etc. Nuclear Group, LLC submits a Notice of Filed Date: 12/01/2009. Filed Date: 11/10/2009. Succession and name change. Accession Number: 20091201–5165. Accession Number: 20091112–0090. Filed Date: 11/30/2009. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Accession Number: 20091202–0047. on Tuesday, December 22, 2009. on Thursday, December 10, 2009. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER09–1192–001. Docket Numbers: ER10–238–001. on Monday, December 21, 2009. Applicants: Southwest Power Pool, Applicants: Upper Peninsula Power Docket Numbers: ER10–347–000. Inc. Company. Applicants: PacifiCorp. Description: Southwest Power Pool, Description: Upper Peninsula Power Description: PacifiCorp submits Inc submits revisions to its Bylaws to Company submits filing as a revised tariff sheets to Appendices A, B, comply with FERC’s 9/17/09 Orders. supplement to its 11/9/09 filing of and C of PacifiCorp Rate Schedule FERC Filed Date: 12/01/2009. revisions to Attachments D and E of 590 etc. Accession Number: 20091202–0151. Original Rate Schedule 54 etc. Filed Date: 11/30/2009.

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Accession Number: 20091202–0098. Description: AEP Transmission Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Company, LLC et al. submits request for on Monday, December 21, 2009. on Monday, December 21, 2009. acceptance of a formula rate to recover Docket Numbers: ER10–362–000. Docket Numbers: ER10–348–000. the costs of investments in transmission Applicants: Westar Energy, Inc. Applicants: PacifiCorp. facilities. Description: Westar Energy, Inc Description: PacifiCorp submits for Filed Date: 12/01/2009. submits notice of cancellation to First filing informational purposes a revised Accession Number: 20091202–0101. Revised Rate Schedule FERC No 233. Exhibit C and revised Exhibit D to its Comment Date: 5 p.m. Eastern Time Filed Date: 11/30/2009. Second Revised Rate Schedule 237. on Tuesday, December 22, 2009. Accession Number: 20091202–0087. Filed Date: 11/30/2009. Docket Numbers: ER10–356–000. Comment Date: 5 p.m. Eastern Time Accession Number: 20091202–0097. Applicants: Westar Energy, Inc. on Monday, December 21, 2009. Comment Date: 5 p.m. Eastern Time Description: Westar Energy, Inc et al. Docket Numbers: ER10–364–000. on Monday, December 21, 2009. submits notice of cancellation to First Applicants: Southwest Power Pool, Docket Numbers: ER10–349–000. Revised Rate Schedule FERC No 175. Inc. Applicants: Westar Energy, Inc. Filed Date: 11/30/2009. Description: Southwest Power Pool, Description: Westar Energy, Inc et al. Accession Number: 20091202–0091. Inc submits an executed Designee submit notice of cancellation to First Comment Date: 5 p.m. Eastern Time Qualification and Novation Agreement. Revised Rate Schedule FERC No 171. on Monday, December 21, 2009. Filed Date: 12/01/2009. Filed Date: 11/30/2009. Docket Numbers: ER10–357–000. Accession Number: 20091202–0153. Accession Number: 20091202–0096. Applicants: Westar Energy, Inc. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Description: Westar Energy, Inc on Tuesday, December 22, 2009. on Monday, December 21, 2009. submits Notice of Cancellation to First Docket Numbers: ER10–365–000. Docket Numbers: ER10–350–000. revised Rate Schedule 245 the Electric Applicants: Southwest Power Pool, Applicants: Westar Energy, Inc. Power Supply Agreement, dated 11/2/ Inc. Description: Westar Energy, Inc 87. Description: Southwest Power Pool, submits Notice of Cancellation to First Filed Date: 11/30/2009. Inc submits an executed Designee revised Rate Schedule 174 the Electric Accession Number: 20091202–0090. Qualification and Novation Agreement. Power Supply Agreement, dated 2/1/88. Comment Date: 5 p.m. Eastern Time Filed Date: 12/01/2009. Filed Date: 11/30/2009. on Monday, December 21, 2009. Accession Number: 20091202–0154. Accession Number: 20091202–0095. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER10–358–000. on Tuesday, December 22, 2009. Comment Date: 5 p.m. Eastern Time Applicants: Westar Energy, Inc. on Monday, December 21, 2009. Description: Westar Energy, Inc Docket Numbers: ER10–366–000. Docket Numbers: ER10–351–000. submits notice of cancellation to First Applicants: PJM Interconnection, Applicants: Westar Energy, Inc. Revised Rate Schedule FERC No 169. L.L.C. Description: PJM Interconnection, Description: Westar Energy, Inc et al. Filed Date: 11/30/2009. LLC submits revisions to the PJM Open submit notice of cancellation to First Accession Number: 20091202–0089. Access Transmission Tariff and Revised Rate Schedule FERC No 170. Comment Date: 5 p.m. Eastern Time Reliability Assurance Agreement. Filed Date: 11/30/2009. on Monday, December 21, 2009. Filed Date: 12/01/2009. Accession Number: 20091202–0094. Docket Numbers: ER10–359–000. Accession Number: 20091202–0155. Comment Date: 5 p.m. Eastern Time Applicants: Westar Energy, Inc. Comment Date: 5 p.m. Eastern Time on Monday, December 21, 2009. Description: Westar Energy, Inc on Tuesday, December 22, 2009. Docket Numbers: ER10–352–000. submits Notice of Cancellation to First Docket Numbers: ER10–367–000. Applicants: Southwest Power Pool, revised Rate Schedule 179 the Electric Applicants: Southwest Power Pool, Inc. Power Supply Agreement, dated 12/8/ Inc. Description: Southwest Power Pool, 87. Description: Southwest Power Pool, Inc submits amendments to its Open Filed Date: 11/30/2009. Inc submits amendments to Section Access Transmission Tariff to include a Accession Number: 20091202–0088. 9.7.1 of it Bylaws. pro forma Interim Large Generator Comment Date: 5 p.m. Eastern Time Filed Date: 12/01/2009. Interconnection Agreement. on Monday, December 21, 2009. Accession Number: 20091202–0156. Filed Date: 12/01/2009. Docket Numbers: ER10–360–000. Comment Date: 5 p.m. Eastern Time Accession Number: 20091202–0049. Applicants: Westar Energy, Inc. on Tuesday, December 22, 2009. Comment Date: 5 p.m. Eastern Time Description: Westar Energy, Inc Docket Numbers: ER10–368–000. on Tuesday, December 22, 2009. submits Notice of Cancellation to First Applicants: Southwest Power Pool, Docket Numbers: ER10–353–000. Revised Rate Schedule FERC 172 etc. Inc. Applicants: Southwest Power Pool, Filed Date: 11/30/2009. Description: Southwest Power Pool, Inc. Accession Number: 20091202–0084. Inc submits an executed Meter Agent Description: Southwest Power Pool, Comment Date: 5 p.m. Eastern Time Services Agreement between Westar Inc submits an executed service on Monday, December 21, 2009. Energy, Inc Generation Services etc. agreement for Network Integration Docket Numbers: ER10–361–000. Filed Date: 12/01/2009. Transmission Service. Applicants: Westar Energy, Inc. Accession Number: 20091202–0157. Filed Date: 12/01/2009. Description: Westar Energy, Inc Comment Date: 5 p.m. Eastern Time Accession Number: 20091202–0048. submits Notice of Cancellation to First on Tuesday, December 22, 2009. Comment Date: 5 p.m. Eastern Time revised Rate Schedule 173 the Electric Docket Numbers: ER10–369–000. on Tuesday, December 22, 2009. Power Supply Agreement, dated 9/14/ Applicants: Ameren Services Docket Numbers: ER10–355–000. 87. Company. Applicants: American Electric Power Filed Date: 11/30/2009. Description: Ameren Services Co Service Corporation. Accession Number: 20091202–0086. submits Facilities Service Agreement

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between Ameren Services and Ameren Applicants: Southwest Power Pool, Comment Date: 5 p.m. Eastern Time Energy Generating Company. Inc. on Tuesday, December 22, 2009. Filed Date: 12/01/2009. Description: Southwest Power Pool, Accession Number: 20091202–0158. Inc submits revised pages to its Open Any person desiring to intervene or to Comment Date: 5 p.m. Eastern Time Access Transmission Tariff to protest in any of the above proceedings on Tuesday, December 22, 2009. implement a rate change for the ITC must file in accordance with Rules 211 and 214 of the Commission’s Rules of Docket Numbers: ER10–370–000. Great Plains, LLC etc. Practice and Procedure (18 CFR 385.211 Applicants: Southwest Power Pool, Filed Date: 12/02/2009. Inc. Accession Number: 20091203–0059. and 385.214) on or before 5 p.m. Eastern Description: Southwest Power Pool, Comment Date: 5 p.m. Eastern Time time on the specified comment date. It Inc submits notice cancellation of the on Wednesday, December 23, 2009. is not necessary to separately intervene Meter Agent Services Agreement Take notice that the Commission again in a subdocket related to a between Kansas Electric Power received the following electric securities compliance filing if you have previously Cooperative and the Empire District filings: intervened in the same docket. Protests Electric Company. Docket Numbers: ES09–58–001. will be considered by the Commission Filed Date: 12/01/2009. Applicants: Northeast Utilities in determining the appropriate action to Accession Number: 20091202–0159. Service Company. be taken, but will not serve to make Comment Date: 5 p.m. Eastern Time Description: Amendment to protestants parties to the proceeding. on Tuesday, December 22, 2009. Application of Northeast Utilities Anyone filing a motion to intervene or Docket Numbers: ER10–371–000. Service Company for authorization to protest must serve a copy of that Applicants: Florida Power & Light issue short-term debt securities. document on the Applicant. In reference Company. Filed Date: 12/03/2009. to filings initiating a new proceeding, Description: Florida Power and Light Accession Number: 20091203–5055. interventions or protests submitted on Company submits transmittal letter and Comment Date: 5 p.m. Eastern Time or before the comment deadline need new Service Agreement 272 and 273 for on Monday, December 14, 2009. not be served on persons other than the Long-Term Point-to-Point Transmission Take notice that the Commission Applicant. Service with Georgia Transmission received the following open access The Commission encourages Corp. transmission tariff filings: electronic submission of protests and Filed Date: 12/02/2009. Docket Numbers: OA08–91–002. interventions in lieu of paper, using the Accession Number: 20091202–0162. Applicants: Black Hills Power, Inc. FERC Online links at http:// Comment Date: 5 p.m. Eastern Time Description: Black Hills Power, Inc www.ferc.gov. To facilitate electronic on Wednesday, December 23, 2009. submits revised pages to the Schedule 4 service, persons with Internet access Docket Numbers: ER10–372–000. of FERC Electric Tariff Second who will eFile a document and/or be Substitute First Revised Volume 4. Applicants: PJM Interconnection, listed as a contact for an intervenor L.L.C. Filed Date: 12/02/2009. must create and validate an Description: PJM Interconnection, Accession Number: 20091203–0058. eRegistration account using the LLC submits an executed Comment Date: 5 p.m. Eastern Time interconnection service agreement on Wednesday, December 23, 2009. eRegistration link. Select the eFiling link to log on and submit the entered into among PJM et al. Take notice that the Commission intervention or protests. Filed Date: 12/02/2009. received the following electric Accession Number: 20091202–0163. reliability filings Persons unable to file electronically Comment Date: 5 p.m. Eastern Time Docket Numbers: RD10–5–000. should submit an original and 14 copies on Wednesday, December 23, 2009. Applicants: North American Electric of the intervention or protest to the Docket Numbers: ER10–373–000. Reliability Corp. Federal Energy Regulatory Commission, Applicants: Florida Power & Light Description: Petition of the North 888 First St., NE., Washington, DC Company. American Electric Reliability 20426. Description: Florida Power and Light Corporation for Approval of The filings in the above proceedings Company submits five copies of Interpretations to Reliability Standards are accessible in the Commission’s transmittal letter and new Service MOD–001–1 and MOD–029–1. eLibrary system by clicking on the Agreement 318, Interconnection Filed Date: 12/02/2009. appropriate link in the above list. They Facilities Study Agreement etc. Accession Number: 20091202–5129. are also available for review in the Filed Date: 12/02/2009. Comment Date: 5 p.m. Eastern Time Commission’s Public Reference Room in Accession Number: 20091203–0061. on Friday, January 08, 2010. Washington, DC. There is an Comment Date: 5 p.m. Eastern Time Take notice that the Commission on Wednesday, December 23, 2009. eSubscription link on the Web site that received the following electric enables subscribers to receive e-mail Docket Numbers: ER10–375–000. reliability filings: notification when a document is added Applicants: PJM Interconnection, Docket Numbers: RR09–4–001. to a subscribed docket(s). For assistance L.L.C. Applicants: Southwest Power Pool, with any FERC Online service, please e- Description: PJM Interconnection, Inc., North American Electric Reliability mail [email protected]. or LLC submits Third Revised Sheet 618 et Corp. al. to FERC Electric Tariff Sixth Revised call (866) 208–3676 (toll free). For TTY, Description: Compliance Filing of call (202) 502–8659. volume 1, to be effective 1/1/10. North American Electric Reliability Filed Date: 12/02/2009. Corporation and Southwest Power Pool, Nathaniel J. Davis, Sr., Accession Number: 20091203–0060. Inc. to September 17, 2009 Commission Deputy Secretary. Comment Date: 5 p.m. Eastern Time Order. [FR Doc. E9–29663 Filed 12–11–09; 8:45 am] on Wednesday, December 23, 2009. Filed Date: 12/01/2009. BILLING CODE 6717–01–P Docket Numbers: ER10–376–000. Accession Number: 20091201–5173.

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DEPARTMENT OF ENERGY identical version of the agreement that Comment Date: 5 p.m. Eastern Time is properly designated as Service on Thursday, December 24, 2009. Federal Energy Regulatory Agreement 301. Docket Numbers: ER10–381–000. Commission Filed Date: 12/03/2009. Applicants: Westar Energy, Inc. Accession Number: 20091207–0033. Description: Westar Energy, Inc. Combined Notice of Filings #1 Comment Date: 5 p.m. Eastern Time submits Notice of Cancellation to December 7, 2009. on Thursday, December 24, 2009. Service Agreement 207 with the City of Docket Numbers: ER10–346–001; Wathena, Kansas. Take notice that the Commission ER04–485–014; ER01–1654–019; ER00– Filed Date: 12/03/2009. received the following electric rate 2917–017. Accession Number: 20091207–0030. filings: Applicants: Calvert Cliffs Nuclear Comment Date: 5 p.m. Eastern Time Docket Numbers: ER08–1237–002. Power Plant LLC; R.E. Ginna Nuclear on Thursday, December 24, 2009. Applicants: Shiloh Wind Project 2, Power Plant, LLC; Nine Mile Point LLC. Docket Numbers: ER10–382–000. Nuclear Station, LLC; Calvert Cliffs Description: Response to Staff Request Applicants: Florida Power Nuclear Power Plant, Inc. and Request for Confidential Treatment Corporation. Description: Change in Status Filing of Shiloh Wind Project 2, LLC. Description: Progress Energy Florida, of Constellation Energy Nuclear Group, Filed Date: 12/04/2009. Inc submits an executed operating LLC. Accession Number: 20091204–5137. agreement with Seminole Electric Filed Date: 12/04/2009. Comment Date: 5 p.m. Eastern Time Cooperative, Inc. Accession Number: 20091204–5145. on Monday, December 28, 2009. Filed Date: 12/03/2009. Comment Date: 5 p.m. Eastern Time Accession Number: 20091207–0032. Docket Numbers: ER08–1288–005. on Monday, December 28, 2009. Comment Date: 5 p.m. Eastern Time Applicants: Wapsipinicon Wind Docket Numbers: ER10–374–000. on Thursday, December 24, 2009. Project, LLC. Applicants: Medicine Bow Power Docket Numbers: ER10–383–000. Description: Response to Staff Request Partners, LLC. Applicants: Southern California and Request for Confidential Treatment Description: Application for market Edison Company. of Wapsipinicon Wind Project, LLC. based rate authority, request for waivers Description: Southern California Filed Date: 12/04/2009. and authorizations, and request for Edison Company submits Service Accession Number: 20091204–5139. finding of qualifications as Category 1 Agreement No 83. Comment Date: 5 p.m. Eastern Time Seller re Medicine Bow Power Partners, Filed Date: 12/03/2009. on Monday, December 28, 2009. LLC. Accession Number: 20091207–0035. Docket Numbers: ER09–4–002. Filed Date: 12/03/2009. Comment Date: 5 p.m. Eastern Time Applicants: Krayn Wind LLC. Accession Number: 20091207–0041. on Thursday, December 24, 2009. Description: Krayn Wind LLC Notice Comment Date: 5 p.m. Eastern Time Docket Numbers: ER10–384–000. of Change in Status Krayn Wind. on Thursday, December 24, 2009. Applicants: Southern California Filed Date: 12/03/2009. Docket Numbers: ER10–377–000. Edison Company. Accession Number: 20091203–5117. Applicants: Elm Creek Wind II LLC. Description: Southern California Comment Date: 5 p.m. Eastern Time Description: Application of Elk Creek Edison Co submits the Generation on Thursday, December 24, 2009. Wind II, LLC for order accepting Initial Interconnection Process Reform Tariff Docket Numbers: ER10–195–001. Tariff, Waiving Regulations, and Amendment for its Wholesale Applicants: Southwest Power Pool, Granting Blanket Approvals, including Distribution Access Tariff. Inc. Blanket Approvals under 18 CFR part 34 Filed Date: 12/03/2009. Description: Southwest Power Pool, for all future issuances of securities etc. Accession Number: 20091207–0034. Inc submits executed Service Agreement Filed Date: 12/03/2009. Comment Date: 5 p.m. Eastern Time for Network Integration Transmission Accession Number: 20091207–0040. on Thursday, December 24, 2009. Service between SPP and American Comment Date: 5 p.m. Eastern Time Any person desiring to intervene or to Electric Power Service Corporation, et on Thursday, December 24, 2009. protest in any of the above proceedings al. Docket Numbers: ER10–378–000. must file in accordance with Rules 211 Filed Date: 12/03/2009. Applicants: Buffalo Ridge II LLC. and 214 of the Commission’s Rules of Accession Number: 20091207–0037. Description: Application of Buffalo Practice and Procedure (18 CFR 385.211 Comment Date: 5 p.m. Eastern Time Ridge II, LLC for order accepting initial and 385.214) on or before 5 p.m. Eastern on Thursday, December 24, 2009. tariff, waiving regulations, and granting time on the specified comment date. It Docket Numbers: ER10–225–001. blanket approvals, including blanket is not necessary to separately intervene Applicants: Major Energy Electric approvals under 18 CFR part 34 for all again in a subdocket related to a Services, LLC. future issuances of securities etc. compliance filing if you have previously Description: Petition for acceptance of Filed Date: 12/03/2009. intervened in the same docket. Protests initial tariff, waivers and blanket Accession Number: 20091207–0042. will be considered by the Commission authority for Major Energy Electric Comment Date: 5 p.m. Eastern Time in determining the appropriate action to Services, LLC. on Thursday, December 24, 2009. be taken, but will not serve to make Filed Date: 12/03/2009. Docket Numbers: ER10–380–000. protestants parties to the proceeding. Accession Number: 20091207–0036. Applicants: Westar Energy, Inc. Anyone filing a motion to intervene or Comment Date: 5 p.m. Eastern Time Description: Westar Energy, Inc. protest must serve a copy of that on Thursday, December 24, 2009. submits notice of cancellation of a document on the Applicant. In reference Docket Numbers: ER10–317–001. confirmation letter for Wholesale to filings initiating a new proceeding, Applicants: Arizona Public Service Electric Energy and Capacity between interventions or protests submitted on Company. Westar and the City of Alma. or before the comment deadline need Description: Arizona Public Service Filed Date: 12/03/2009. not be served on persons other than the Company submits errata filing with an Accession Number: 20091207–0031. Applicant.

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The Commission encourages Waccamaw River, near the town of the project’s head or generating electronic submission of protests and Conway, Horry County, South Carolina. capacity, or have otherwise significantly interventions in lieu of paper, using the g. Filed Pursuant to: Section 23(b)(1) modified the project’s pre-1935 design FERC Online links at http:// of the Federal Power Act, 16 U.S.C. or operation. 817(b). www.ferc.gov. To facilitate electronic l. Locations of the Application: Copies service, persons with Internet access h. Applicant Contact: John A. Hodge, of this filing are on file with the who will eFile a document and/or be Haynsworth, Sinker & Boyd, P.A. Law Commission and are available for public listed as a contact for an intervenor Firm, P. O. Box 11889, Columbia, SC must create and validate an 29211–1889; telephone: (803) 779–3080; inspection. This filing may be viewed eRegistration account using the e-mail: http:// on the web at http://www.ferc.gov using eRegistration link. Select the eFiling [email protected]. the ‘‘eLibrary’’ link. Enter the Docket link to log on and submit the i. FERC Contact: Any questions on number excluding the last three digits in intervention or protests. this notice should be addressed to the docket number field to access the Persons unable to file electronically Henry Ecton, (202) 502–8768, or E-mail document. You may also register online should submit an original and 14 copies address: [email protected]. at http://www.ferc.gov/docs-filing/ of the intervention or protest to the j. Deadline for filing comments, esubscription.asp to be notified via Federal Energy Regulatory Commission, protests, and/or motions: January 4, e-mail of new filings and issuances 888 First St., NE., Washington, DC 2010. related to this or other pending projects. Comments, Motions to Intervene, and 20426. For assistance, call 1–866–208–3676 or Protests may be filed electronically via The filings in the above proceedings e-mail [email protected] for the Internet. See 18 CFR are accessible in the Commission’s 385.2001(a)(l)(iii) and the instructions TTY, call (202) 502–8659. A copy is also eLibrary system by clicking on the on the Commission’s Web site under the available for inspection and appropriate link in the above list. They ‘‘eFiling’’ link. If unable to be filed reproduction at the address in item (h) are also available for review in the electronically, documents may be paper- above. Commission’s Public Reference Room in filed. To paper-file, an original and eight Washington, DC. There is an m. Individuals desiring to be included copies should be mailed to: Kimberly D. eSubscription link on the Web site that on the Commission’s mailing list should Bose, Secretary, Federal Energy enables subscribers to receive e-mail so indicate by writing to the Secretary Regulatory Commission, 888 First notification when a document is added of the Commission. Street, NE., Washington, DC 20426. For to a subscribed dockets(s). For n. Comments, Protests, or Motions to more information on how to submit assistance with any FERC Online Intervene—Anyone may submit these types of filings, please go to the service, please e-mail Commission’s Web site located at comments, a protest, or a motion to [email protected] or call http://www.ferc.gov/filing- intervene in accordance with the (866) 208–3676 (toll free). For TTY, call comments.asp. requirements of Rules of Practice and (202) 502–8659. Please include the docket number Procedure, 18 CFR 385.210, .211, .214. Nathaniel J. Davis, Sr., (DI10–3–000) on any comments, In determining the appropriate action to Deputy Secretary. protests, and/or motions filed. take, the Commission will consider all [FR Doc. E9–29662 Filed 12–11–09; 8:45 am] k. Description of Project: The protests or other comments filed, but proposed Lake Busbee Hydroelectric only those who file a motion to BILLING CODE 6717–01–P Project will include: (1) A 10-foot-long intervene in accordance with the water intake, drawing 5,000 gallons of Commission’s Rules may become a DEPARTMENT OF ENERGY water hourly from Lake Busbee into an party to the proceeding. Any comments, elevated water tower storing five protests, or motions to intervene must Federal Energy Regulatory hundred thousand gallons of water; (2) be received on or before the specified Commission an elevated water tower serving as the comment date for the particular powerhouse, containing four 10- [Docket No. DI10–3–000] application. megawatt turbines/generators; (3) a o. Filing and Service of Responsive Evans Solutions, LLC; Notice of water pipe tailrace, discharging water into Lake Busbee; and (4) appurtenant Documents—All filings must bear in all Declaration of Intention and Soliciting capital letters the title ‘‘COMMENTS’’, Comments, Protests, and/or Motions facilities. The proposed project will be ‘‘PROTESTS’’, AND/OR ‘‘MOTIONS TO To Intervene connected to an interstate grid. When a Declaration of Intention is INTERVENE’’, as applicable, and the December 4, 2009. filed with the Federal Energy Regulatory Docket Number of the particular Take notice that the following Commission, the Federal Power Act application to which the filing refers. A application has been filed with the requires the Commission to investigate copy of any Motion to Intervene must Commission and is available for public and determine if the interests of also be served upon each representative inspection: interstate or foreign commerce would be of the Applicant specified in the a. Application Type: Declaration of affected by the project. The Commission particular application. Intention. also determines whether or not the p. Agency Comments—Federal, state, b. Docket No: DI10–3–000. project: (1) Would be located on a and local agencies are invited to file navigable waterway; (2) would occupy c. Date Filed: November 24, 2009. comments on the described application. or affect public lands or reservations of d. Applicant: Evans Solutions, LLC. A copy of the application may be e. Name of Project: Lake Busbee the United States; (3) would utilize obtained by agencies directly from the Hydroelectric Project. surplus water or water power from a f. Location: The proposed Lake government dam; or (4) if applicable, Applicant. If an agency does not file Busbee Hydroelectric Project will be has involved or would involve any comments within the time specified for located on Lake Busbee, a man-made construction subsequent to 1935 that filing comments, it will be presumed to lake that uses water from the may have increased or would increase have no comments. One copy of an

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agency’s comments must also be sent to k. Description of Project: The only those who file a motion to the Applicant’s representatives. proposed Madison ASR Hydroelectric intervene in accordance with the Project contains an existing system Commission’s Rules may become a Kimberly D. Bose, collecting ground water, approximately party to the proceeding. Any comments, Secretary. 20 feet below ground, which is piped protests, or motions to intervene must [FR Doc. E9–29621 Filed 12–11–09; 8:45 am] into a 4-foot-diameter, 25-foot-deep be received on or before the specified BILLING CODE 6717–01–P shallow well. The water in the shallow comment date for the particular well is pumped into the irrigation application. system, as needed. Excess water is o. Filing and Service of Responsive DEPARTMENT OF ENERGY pumped through an 8-inch-diameter Documents—All filings must bear in all pipe into a second deeper 750-foot-deep Federal Energy Regulatory capital letters the title ‘‘COMMENTS’’, basalt well, containing a 100- Commission ‘‘PROTESTS’’, AND/OR ‘‘MOTIONS TO horsepower line-shaft turbine pump. It [Docket No. DI10–4–000] is expected that approximately 37 kW INTERVENE’’, as applicable, and the will be created, to be sold on the Docket Number of the particular Madison Farms; Notice of Declaration interstate grid. application to which the filing refers. A of Intention and Soliciting Comments, When a Declaration of Intention is copy of any Motion to Intervene must Protests, and/or Motions To Intervene filed with the Federal Energy Regulatory also be served upon each representative Commission, the Federal Power Act of the Applicant specified in the December 4, 2009. particular application. Take notice that the following requires the Commission to investigate application has been filed with the and determine if the interests of p. Agency Comments—Federal, state, Commission and is available for public interstate or foreign commerce would be and local agencies are invited to file affected by the project. The Commission inspection: comments on the described application. a. Application Type: Declaration of also determines whether or not the A copy of the application may be Intention. project: (1) Would be located on a obtained by agencies directly from the b. Docket No: DI10–4–000. navigable waterway; (2) would occupy Applicant. If an agency does not file c. Date Filed: December 1, 2009. or affect public lands or reservations of comments within the time specified for d. Applicant: Madison Farms. the United States; (3) would utilize filing comments, it will be presumed to e. Name of Project: Madison ASR surplus water or water power from a have no comments. One copy of an Hydroelectric Project. government dam; or (4) if applicable, agency’s comments must also be sent to f. Location: The proposed Madison has involved or would involve any the Applicant’s representatives. ASR Hydroelectric Project will be construction subsequent to 1935 that located near the town of Echo, Umatilla may have increased or would increase Kimberly D. Bose, County, Oregon, affecting T. 3 N, R. 27 the project’s head or generating Secretary. E, Williamette Meridian. capacity, or have otherwise significantly [FR Doc. E9–29618 Filed 12–11–09; 8:45 am] g. Filed Pursuant to: Section 23(b)(1) modified the project’s pre-1935 design BILLING CODE 6717–01–P of the Federal Power Act, 16 U.S.C. or operation. 817(b). l. Locations of the Application: Copies h. Applicant Contact: Kent Madison, of this filing are on file with the DEPARTMENT OF ENERGY 29299 Madison Road, Echo, OR 9826; Commission and are available for public telephone: (541) 376–8107; Fax: (541) inspection. This filing may be viewed Federal Energy Regulatory 376–8618; e-mail: http:// on the web at http://www.ferc.gov using Commission [email protected]. the ‘‘eLibrary’’ link. Enter the Docket i. FERC Contact: Any questions on number excluding the last three digits in [Docket No. PF09–15–000] this notice should be addressed to the docket number field to access the Henry Ecton, (202) 502–8768, or E-mail document. You may also register online Dominion Transmission, Inc.; Notice of address: [email protected]. at http://www.ferc.gov/docs-filing/ Intent To Prepare an Environmental j. Deadline for filing comments, esubscription.asp to be notified via Assessment for the Planned protests, and/or motions: January 4, e-mail of new filings and issuances Appalachian Gateway Project and 2010. related to this or other pending projects. Request for Comments on Comments, Motions to Intervene, and For assistance, call 1–866–208–3676 or Environmental Issues Protests may be filed electronically via e-mail [email protected] for the Internet. See 18 CFR TTY, call (202) 502–8659. A copy is also December 4, 2009. 385.2001(a)(l)(iii) and the instructions available for inspection and on the Commission’s Web site under the reproduction at the address in item (h) The staff of the Federal Energy ‘‘eFiling’’ link. If unable to be filed above. Regulatory Commission (FERC or electronically, documents may be paper- m. Individuals desiring to be included Commission) will prepare an filed. To paper-file, an original and eight on the Commission’s mailing list should environmental assessment (EA) that will copies should be mailed to: Kimberly D. so indicate by writing to the Secretary discuss the environmental impacts of Bose, Secretary, Federal Energy of the Commission. the Appalachian Gateway Project Regulatory Commission, 888 First n. Comments, Protests, or Motions to involving construction and operation of Street, NE., Washington, DC 20426. For Intervene—Anyone may submit facilities by Dominion Transmission, more information on how to submit comments, a protest, or a motion to Inc. (DTI) in northeastern West Virginia these types of filings, please go to the intervene in accordance with the (WV) and southwestern Pennsylvania Commission’s Web site located at http:// requirements of Rules of Practice and (PA). The EA will be used by the www.ferc.gov/filing-comments.asp. Procedure, 18 CFR 385.210, .211, .214. Commission in its decision-making Please include the docket number In determining the appropriate action to process to determine whether the (DI10–4–000) on any comments, take, the Commission will consider all project is in the public convenience and protests, and/or motions filed. protests or other comments filed, but necessity.

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This notice announces the opening of southwestern Pennsylvania. According facilities; the remaining acreage would the scoping process we 1 will use to to DTI, its project would provide about be restored and allowed to revert to gather input from the public and 484,260 dekatherms of natural gas per former uses. About 80 percent of the interested agencies on the project. Your day of firm transportation services from planned pipeline route parallels existing input will help the Commission staff increasing gas production in the pipeline, utility, or road rights-of-way. determine what issues need to be Appalachian region of West Virginia The EA Process evaluated in the EA. Please note that the and Pennsylvania to the east coast scoping period will close on February 3, markets. The National Environmental Policy 2010. The Appalachian Gateway Project Act (NEPA) requires the Commission to Comments may be submitted in would consist of the following facilities: take into account the environmental written form or verbally. Further details • Approximately 43.1 miles of 30- impacts that could result from an action on how to submit written comments are inch diameter pipeline in Marshall whenever it considers the issuance of a provided in the public participation County, WV and Greene County, PA; Certificate of Public Convenience and section of this notice. Comments may be • Approximately 54.2 miles of 24- Necessity. NEPA also requires us to submitted verbally during public inch diameter pipeline in Greene, discover and address concerns the scoping meetings, which will be Washington, Allegheny, and public may have about proposals. This scheduled for late January 2010. Westmoreland Counties, PA; process is referred to as ‘‘scoping’’. The Another notice will be distributed to • Approximately 5.2 miles of 20-inch main goal of the scoping process is to announce the dates and locations of the diameter pipeline loop in Kanawha focus the analysis in the EA on the public scoping meetings. County, WV and 6 miles of 24-inch important environmental issues. By this This notice is being sent to the diameter pipeline loop in Greene notice, the Commission requests public Commission’s current environmental County, PA; 2 comments on the scope of the issues to mailing list for this project, which • A total of approximately 1.5 miles address in the EA. All comments includes affected landowners; federal, of various diameter discharge and received will be considered during the state, and local government suction pipelines to serve the Lewis- preparation of the EA. To ensure your representatives and agencies; elected Wetzel Compressor Station (Wetzel comments are considered, please officials; environmental and public County, WV) and the Morrison carefully follow the instructions in the interest groups; Native American Tribes; Compressor Station (Harrison County, Public Participation section of this other interested parties; and local WV); notice, beginning on page 5. • libraries and newspapers. State and Two new compressor stations on In the EA we will discuss impacts that local government representatives are new sites: Burch Ridge Station could occur as a result of the asked to notify their constituents of this (Marshall County, WV) with construction and operation of the planned project and encourage them to approximately 6,130 horsepower (HP) planned project under these general comment on their areas of concern. and Morrison Station (Harrison County, headings: If you are a landowner receiving this WV) with approximately 1,775 HP; • Geology and soils; notice, you may be contacted by a • Two new compressor stations on • Land use, recreation and visual pipeline company representative about existing sites: Chelyan Station resources; the acquisition of an easement to (Kanawha County, WV) with • Water resources, fisheries, and construct, operate, and maintain the approximately 4,735 HP and Lewis wetlands; planned facilities. The company would Wetzel Station (Wetzel County, WV) • Cultural resources; seek to negotiate a mutually acceptable with approximately 3,550 HP; • Vegetation and wildlife; • • agreement. However, if the project is A new metering and regulation Air quality and noise; facility at the existing Oakford • Endangered and threatened species; approved by the Commission, that • approval conveys with it the right of Compressor Station in Westmoreland Hazardous waste; County, PA; and • Public safety; and eminent domain. Therefore, if easement • • negotiations fail to produce an Upgrades and minor additions to Cumulative impacts. agreement, the pipeline company could other existing facilities in Wyoming, We will also evaluate possible initiate condemnation proceedings in Doddridge, McDowell, and Barbour alternatives to the planned project or accordance with state law. Counties, WV. portions of the project, and make A fact sheet prepared by the FERC The general location of the project recommendations on how to lessen or 3 entitled ‘‘An Interstate Natural Gas facilities is shown in Appendix 1. avoid impacts on the various resource areas. Facility On My Land? What Do I Need Land Requirements for Construction To Know?’’ is available for viewing on Although no formal application has Construction of the planned facilities the FERC Web site (http://www.ferc.gov/ been filed, we have already initiated our would disturb about 1,612 acres of land for-citizens/citizen-guides.asp). This fact NEPA review under the Commission’s for the aboveground facilities and the sheet addresses a number of typically pre-filing process. The purpose of the pipeline. Following construction, about asked questions, including the use of pre-filing process is to encourage early 785 acres would be maintained for eminent domain and how to participate involvement of interested stakeholders permanent operation of the project’s in the Commission’s proceedings. and to identify and resolve issues before an application is filed with the FERC. Summary of the Planned Project 2 A pipeline loop is constructed parallel to an As part of our pre-filing review, we have existing pipeline to increase capacity. begun to contact some federal and state DTI plans to construct and operate 3 The appendices referenced in this notice are not approximately 110 miles of 20-, 24-, and being printed in the Federal Register. Copies of agencies to discuss their involvement in 30-inch diameter natural gas pipeline appendices were sent to all those receiving this the scoping process and the preparation and associated aboveground facilities in notice in the mail and are available at http:// of the EA. www.ferc.gov using the link called ‘‘eLibrary’’ or Our independent analysis of the northeastern West Virginia and from the Commission’s Public Reference Room, 888 First Street, NE., Washington, DC 20426, or call issues will be presented in the EA. 1 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to environmental (202) 502–8371. For instructions on connecting to Depending on the comments received staff of the Office of Energy Projects (OEP). eLibrary, refer to the last page of this notice. during the scoping process, the EA may

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be published and mailed to those on our called ‘‘Documents and Filings’’. A Commission’s Web site. Please note that environmental mailing list (see Quick Comment is an easy method for you may not request intervenor status at discussion of how to remain on our interested persons to submit text-only this time. You must wait until a formal mailing list on page 6). A comment comments on a project; application for the project is filed with period will be allotted for review of the (2) You may file your comments the Commission. EA if it is published. We will consider electronically by using the ‘‘eFiling’’ all comments on the EA before we make feature that is listed under the Additional Information our recommendations to the ‘‘Documents and Filings’’ link. eFiling Additional information about the Commission. involves preparing your submission in project is available from the With this notice, we are asking the same manner as you would if filing Commission’s Office of External Affairs, agencies with jurisdiction and/or on paper, and then saving the file on at 1–866–208–FERC or on the FERC special expertise with respect to your computer’s hard drive. You will Web site (http://www.ferc.gov) using the environmental issues to formally attach that file to your submission. New eLibrary link. Click on the eLibrary link, cooperate with us in the preparation of eFiling users must first create an click on ‘‘General Search’’ and enter the the EA. These agencies may choose to account by clicking on the links called docket number, excluding the last three participate once they have evaluated the ‘‘Sign up’’ or ‘‘eRegister’’. You will be digits, in the Docket Number field (i.e., proposal relative to their asked to select the type of filing you are PF09–15). Be sure you have selected an responsibilities. Agencies that would making. A comment on a particular appropriate date range. For assistance, like to request cooperating agency status project is considered a ‘‘Comment on a please contact FERC Online Support at should follow the instructions for filing Filing’’; or [email protected] or toll free comments provided under the Public (3) You may file your comments with at 1–866–208–3676, or for TTY, contact Participation section of this notice. the Commission via mail by sending an (202) 502–8659. The eLibrary link also original and two copies of your letter to: Currently Identified Environmental provides access to the texts of formal Kimberly D. Bose, Secretary, Federal Issues documents issued by the Commission, Energy Regulatory Commission, 888 such as orders, notices, and Based on a preliminary review of the First Street, NE., Room 1A, Washington, rulemakings. planned facilities and the DC 20426. In addition, the Commission now environmental information provided by In all instances, please reference the offers a free service called eSubscription DTI, we have identified potential visual project docket number PF09–15–000 which allows you to keep track of all and land use impacts that we think with your submission. Label one copy of formal issuances and submittals in deserve attention. DTI anticipates that the comments for the attention of Gas specific dockets. This can reduce the longwall coal mining may proceed Branch 3, PJ–11.3. amount of time you spend researching beneath the pipeline at some point in Environmental Mailing List proceedings by automatically providing the future. Mitigation measures that DTI you with notification of these filings, would take to maintain the integrity of An effort is being made to send this document summaries and direct links to its pipeline may require unearthing the notice to all individuals, organizations, the documents. Go to http:// pipeline post-construction to conduct and government entities interested in www.ferc.gov/esubscribenow.htm. stress tests, which could in turn impact and/or potentially affected by the Finally, public meetings or site visits both land use and visual resources. planned project. This includes all will be posted on the Commission’s Additional issues may be included in landowners who are potential right-of- calendar located at http://www.ferc.gov/ our analysis based on your comments. way grantors, whose property may be EventCalendar/EventsList.aspx along used temporarily for project purposes, with other related information. Public Participation or who own homes within certain You can make a difference by distances of aboveground facilities (as Kimberly D. Bose, providing us with your specific defined in the Commission’s Secretary. comments or concerns about the project. regulations). [FR Doc. E9–29617 Filed 12–11–09; 8:45 am] Your comments should focus on the If you do not want to send comments BILLING CODE 6717–01–P potential environmental effects, at this time but still want to remain on reasonable alternatives, and measures to our mailing list, please return the Mail avoid or lessen environmental impacts. List Retention Form (Appendix 2). If DEPARTMENT OF ENERGY The more specific your comments, the you do not return the Mail List more useful they will be. To ensure that Retention Form, you will be taken off Federal Energy Regulatory your written comments are timely and the mailing list. Commission properly recorded, please send in your Becoming an Intervenor [Docket No. ID–3404–002] comments so that they will be received in Washington, DC on or before Once DTI files its application with the McGrath, Eugene R.; Notice of Filing February 3, 2010. Commission, you may want to become For your convenience, there are three an ‘‘intervenor’’, which is an official December 4, 2009. methods which you can use to submit party to the Commission’s proceeding. Take notice that on November 23, your written comments to the Intervenors play a more formal role in 2009, Eugene R. McGrath filed an Commission. The Commission the process and are able to file briefs, application for authorization to hold encourages electronic filing of appear at hearings, and be heard by the interlocking positions, pursuant to comments and has expert eFiling staff courts if they choose to appeal the section 305(b) of the Federal Power Act, available to assist you at 202–502–8258 Commission’s final ruling. An 16 USCA 825(b) (2006), and part 45 of or [email protected]. intervenor formally participates the the regulations of the Federal Energy (1) You may file your comments proceeding by filing a request to Regulatory Commission, 18 CFR part 45 electronically by using the Quick intervene. Instructions for becoming an (2009). Comment feature, which is located at intervenor are included in the User’s Any person desiring to intervene or to http://www.ferc.gov under the link Guide under the ‘‘e-filing’’ link on the protest this filing must file in

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accordance with Rules 211 and 214 of cogeneration facility operating and of the Federal Energy Regulatory the Commission’s Rules of Practice and efficiency standard requirements for its Commission’s (Commission) regulations Procedure (18 CFR 385.211, 385.214). facility for year 2009. under the Natural Gas Act, and Eastern Protests will be considered by the Any person desiring to intervene or to Shore’s blanket certificate issued in Commission in determining the protest this filing must file in Docket No. CP96–128–000. Eastern appropriate action to be taken, but will accordance with Rules 211 and 214 of Shore requests authorization to not serve to make protestants parties to the Commission’s Rules of Practice and construct, own and operate new the proceeding. Any person wishing to Procedure (18 CFR 385.211, 385.214). mainline facilities to deliver additional become a party must file a notice of Protests will be considered by the firm entitlements of 1,650 dekatherms intervention or motion to intervene, as Commission in determining the per day of natural gas to Chesapeake appropriate. Such notices, motions, or appropriate action to be taken, but will Utilities Corporation-Delaware Division, protests must be filed on or before the not serve to make protestants parties to all as more fully described in the comment date. On or before the the proceeding. Any person wishing to application that is available for public comment date, it is not necessary to become a party must file a notice of for inspection. serve motions to intervene or protests intervention or motion to intervene, as Any questions regarding the on persons other than the Applicant. appropriate. Such notices, motions, or application should be directed to Glen The Commission encourages protests must be filed on or before the DiEleuterio, Project Manager, at (302) electronic submission of protests and comment date. On or before the 734–6710, ext. 6723 or via fax (302) interventions in lieu of paper using the comment date, it is not necessary to 734–6745 or by e-mail to ‘‘eFiling’’ link at http://www.ferc.gov. serve motions to intervene or protests [email protected]. Persons unable to file electronically on persons other than the Applicant. Any person or the Commission’s staff should submit an original and 14 copies The Commission encourages may, within 60 days after issuance of of the protest or intervention to the electronic submission of protests and the instant notice by the Commission, Federal Energy Regulatory Commission, interventions in lieu of paper using the file pursuant to Rule 214 of the 888 First Street, NE., Washington, DC ‘‘eFiling’’ link at http://www.ferc.gov. Commission’s Procedural Rules (18 CFR 20426. Persons unable to file electronically 385.214) a motion to intervene or notice This filing is accessible on-line at should submit an original and 14 copies of intervention and pursuant to section http://www.ferc.gov, using the of the protest or intervention to the 157.205 of the regulations under the ‘‘eLibrary’’ link and is available for Federal Energy Regulatory Commission, NGA (18 CFR 157.205), a protest to the review in the Commission’s Public 888 First Street, NE., Washington, DC request. If no protest is filed within the Reference Room in Washington, DC. 20426. time allowed therefore, the proposed There is an ‘‘eSubscription’’ link on the This filing is accessible on-line at activity shall be deemed to be Web site that enables subscribers to http://www.ferc.gov, using the authorized effective the day after the receive e-mail notification when a ‘‘eLibrary’’ link and is available for time allowed for filing a protest. If a document is added to a subscribed review in the Commission’s Public protest is filed and not withdrawn docket(s). For assistance with any FERC Reference Room in Washington, DC. within 30 days after the allowed time Online service, please e-mail There is an ‘‘eSubscription’’ link on the for filing a protest, the instant request [email protected], or call Web site that enables subscribers to shall be treated as an application for (866) 208–3676 (toll free). For TTY, call receive e-mail notification when a authorization pursuant to section 7 of (202) 502–8659. document is added to a subscribed the NGA. Protests will be considered by the Comment Date: 5 p.m. Eastern Time docket(s). For assistance with any FERC Commission in determining the on December 11, 2009. Online service, please e-mail appropriate action to be taken, but will [email protected], or call Kimberly D. Bose, not serve to make protestants parties to (866) 208–3676 (toll free). For TTY, call the proceeding. Any person wishing to Secretary. (202) 502–8659. become a party must file a notice of [FR Doc. E9–29620 Filed 12–11–09; 8:45 am] Comment Date: 5 p.m. Eastern Time intervention or motion to intervene, as BILLING CODE 6717–01–P on January 4, 2010. appropriate. Such motions or protests Kimberly D. Bose, must be filed on or before the comment DEPARTMENT OF ENERGY Secretary. date. Anyone filing a motion to [FR Doc. E9–29619 Filed 12–11–09; 8:45 am] intervene or protest must serve a copy Federal Energy Regulatory BILLING CODE 6717–01–P of that document on the Applicant, on Commission or before the comment date. It is not [Docket Nos. EL10–21–000; QF93–159–008] necessary to serve motions to intervene DEPARTMENT OF ENERGY or protests on persons other than the Glenns Ferry Cogeneration Partners, Applicant. Ltd.; Notice of Filing Federal Energy Regulatory The Commission encourages Commission electronic submission of comments, December 4, 2009. [Docket No. CP10–25–000] protests and interventions in lieu of Take notice that on December 1, 2009, paper using the ‘‘eFiling’’ link at Glenns Ferry Cogeneration Partners, Eastern Shore Natural Gas Company; http://www.ferc.gov. Persons unable to Ltd. (Glenns Ferry) filed an application Prior Notice of Activity Under Blanket file electronically should submit an for recertification as a qualifying Certificate original and 14 copies of the cogeneration facility, located in Glenns intervention or protest to the Federal Ferry, Idaho, pursuant to section December 7, 2009. Energy Regulatory Commission, 888 292.205(a) of the Commission’s On November 25, 2009 Eastern Shore First Street, NE, Washington, DC 20426. regulations, 18 CFR 292.205(a). Glenns Natural Gas Company (Eastern Shore) This filing is accessible online at Ferry also requests a limited waiver of filed a prior notice request pursuant to http://www.ferc.gov, using the the Commission’s qualifying sections 157.205, 157.208 and 157.210 ‘‘eLibrary’’ link and is available for

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review in the Commission’s Public Dated: August 12, 2009. 20554. To submit your comments by e– Reference Room in Washington, DC. Anita L. Davis, mail send then to: [email protected] and There is an ‘‘eSubscription’’ link on the Chief, Superfund Enforcement and [email protected]. Information Management Branch, Superfund Web site that enables subscribers to FOR FURTHER INFORMATION CONTACT: For Division. receive e-mail notification when a additional information about the document is added to a subscribed [FR Doc. E9–29689 Filed 12–11–09; 8:45 am] information collection(s) send an e–mail docket(s). For assistance with any FERC BILLING CODE 6560–50–P to [email protected] or contact Cathy Online service, please e-mail Williams on (202) 418–2918. [email protected], or call SUPPLEMENTARY INFORMATION: (866) 208–3676 (toll free). For TTY, call FEDERAL COMMUNICATIONS (202) 502–8659. OMB Control Number: 3060–1033. COMMISSION Title: Multi–Channel Video Program Kimberly D. Bose, Distributor EEO Program Annual Notice of Public Information Collection Secretary. Report, FCC Form 396–C. Being Reviewed by the Federal Form Number: FCC 396–C. [FR Doc. E9–29626 Filed 12–11–09; 8:45 am] Communications Commission for Type of Review: Extension of a BILLING CODE 6717–01–P Extension Under Delegated Authority, currently approved collection. Comments Requested Respondents: Business or other for– December 8, 2009. profit entities; Not–for–profit ENVIRONMENTAL PROTECTION SUMMARY: The Federal Communications institutions. AGENCY Commission, as part of its continuing Number of Respondents and effort to reduce paperwork burden Responses: 2,200 respondents; 2,620 [Docket# EPA–RO4–SFUND–2009–0633, invites the general public and other responses. FRL–9092–3] Federal agencies to take this Estimated Hours per Response: 10 opportunity to comment on the minutes – 2.5 hours Granville High School Mercury following information collection(s), as Frequency of Response: Superfund Site, Creedmoor, Granville required by the Paperwork Reduction Recordkeeping requirement; Annual County, NC Notice of Settlement Act of 1995, 44 U.S.C. 3501–3520. An and once every five–year reporting agency may not conduct or sponsor a requirements. AGENCY: Environmental Protection collection of information unless it Total Annual Burden: 3,187 hours. Agency. displays a currently valid control Total Annual Cost: None. ACTION: Notice of settlement. number. No person shall be subject to Privacy Impact Assessment: No any penalty for failing to comply with impact(s). SUMMARY: Under Section 122(h)(1) of the a collection of information subject to the Nature of Response: Required to Comprehensive Environmental Paperwork Reduction Act (PRA) that obtain or retain benefits. The statutory Response, Compensation and Liability does not display a valid control number. authority for this information collection Act (CERCLA), the United States Comments are requested concerning (a) is contained in Sections 154(i), 303 and Environmental Protection Agency has whether the proposed collection of 634 of the Communications Act of 1934, entered into a settlement for information is necessary for the proper as amended. reimbursement of past response costs performance of the functions of the concerning the Granville High School Commission, including whether the Confidentiality: No need for Mercury Superfund Site located in information shall have practical utility; confidentiality required with this Creedmoor, Granville County, North (b) the accuracy of the Commission’s information collection. Carolina for publication. burden estimate; (c) ways to enhance Needs and Uses: The FCC Form 396– DATES: The Agency will consider public the quality, utility, and clarity of the C is a collection device used to assess comments on the settlement until information collected; and (d) ways to compliance with the Equal Employment January 13, 2010. The Agency will minimize the burden of the collection of Opportunity (EEO) program consider all comments received and information on the respondents, requirements by Multi–channel Video may modify or withdraw its consent to including the use of automated programming Distributors (‘‘MPVDs’’). It the settlement if comments received collection techniques or other forms of is publicly filed to allow interested disclose facts or considerations which information technology. parties to monitor a ‘‘MPVD’s’’ indicate that the settlement is DATES: Persons wishing to comment on compliance with the Commission’s EEO inappropriate, improper, or inadequate. this information collection should requirements. All ‘‘MVPDs’’ must file ADDRESSES: Copies of the settlement are submit comments by February 12, 2010. annually an EEO report in their public available from Ms. Paula V. Painter. If you anticipate that you will be file detailing various facts concerning Submit your comments, identified by submitting comments, but find it their outreach efforts during the Docket ID No. EPA–RO4–SFUND–2009– difficult to do so within the period of preceding year and the results of those 0633 or Site name Granville High time allowed by this notice, you should efforts. ‘‘MVPDs’’ will be required to file School Mercury Superfund Site by one advise the contact listed below as soon their EEO public file report for the of the following methods: as possible. preceding year as part of the in–depth • http://www.regulations.gov: Follow ‘‘MVPD’’ investigation conducted once ADDRESSES: Direct all PRA comments to every five years. the on-line instructions for submitting Nicholas A. Fraser, Office of comments. Management and Budget (OMB), via fax Federal Communications Commission. • http://www.epa.gov/region4/waste/ at (202) 395–5167, or via the Internet at Marlene H. Dortch, sf/enforce.htm [email protected] and Secretary, Office of the Secretary, Office of • E-mail: [email protected] to Cathy Williams, Federal Managing Director. FOR FURTHER INFORMATION CONTACT: Communications Commission (FCC), [FR Doc. E9–29644 Filed 12–11–09 8:45 am] Paula V. Painter at 404–562–8887. 445 12th Street, SW, Washington, DC BILLING CODE 6712–01–S

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FEDERAL COMMUNICATIONS Title: Prepaid Calling Card Service with the Department of Defense (DoD) COMMISSION Provider Certification, WC Docket No. or a DoD entity. 05–68. The Commission has found that Notice of Public Information Collection Form No.: N/A. prepaid calling card providers are Being Reviewed by the Federal Type of Review: Extension of a telecommunications service providers Communications Commission, currently approved collection. and therefore are subject to all of the Comments Requested Respondents: Business or other for– regulations imposed on profit. telecommunications service providers, December 3, 2009. Number of Respondents: 158 including contributing to the USF. See SUMMARY: The Federal Communications respondents; 1,896 responses. FCC 06–79. Commission, as part of its continuing Estimated Time Per Response: 2.5 – In the Communications Act of 1934, effort to reduce paperwork burden 20 hours. as amended (the Act), Congress directed invites the general public and other Frequency of Response: Quarterly the Commission to implement measure Federal agencies to take this reporting requirement, third party necessary to promote the advancement opportunity to comment on the disclosure requirement and of universal service. In furtherance of following information collection(s), as recordkeeping requirement. this goal, section 254(d) of the Act states required by the Paperwork Reduction Obligation to Respond: Mandatory. that ‘‘every telecommunications carrier Act of 1995, 44 U.S.C. 3501–3520. An Statutory authority for this collection of that provides interstate agency may not conduct or sponsor a information is contained in 47 U.S.C. telecommunications services shall collection of information unless it Sections 151, 152, 154(i), 201, 202 and contribute, on an equitable and displays a currently valid control 254. nondiscriminatory basis, to the specific, number. No person shall be subject to Total Annual Burden: 15,800 hours. predictable, and sufficient mechanisms any penalty for failing to comply with Total Annual Cost Burden: N/A. established by the Commission to a collection of information subject to the Privacy Act Impact Assessment: N/A. preserve and advance universal Paperwork Reduction Act (PRA) that Nature and Extent of Confidentiality: service.’’ In addition, does not display a valid control number. The Commission does not anticipate telecommunications carriers are Comments are requested concerning (a) providing confidentiality of the required to pay intrastate and interstate whether the proposed collection of information submitted by prepaid access charges. The reporting and information is necessary for the proper calling card providers. Particularly, the certification requirement will allow the performance of the functions of the prepaid calling card providers must sent Commission to ensure that prepaid Commission, including whether the reports to their transport providers. calling card providers are complying information shall have practical utility; Additionally, the quarterly certifications with these requirements. (b) the accuracy of the Commission’s sent to the Commission will be made The Commission adopted reporting burden estimate; (c) ways to enhance public through the ECFS process. These and certification requirements to obtain the quality, utility, and clarity of the certifications will be filed in the information necessary to evaluate information collected; and (d) ways to Commission’s docket associated with whether all prepaid calling card minimize the burden of the collection of this proceeding. If the respondents providers are properly contributing to information on the respondents, submit information they believe to be the USF, pursuant to section 254 of the including the use of automated confidential, they may request Act. All prepaid calling card providers collection techniques or other forms of confidential treatment of such will now have to maintain records and information technology. information under 47 CFR 0.459 of the report quarterly the percentage of Commission’s rules. interstate, intrastate and international DATES: Persons wishing to comments on Need and Uses: The Commission will traffic and call volumes to carriers from this information collection should submit this information collection as an which they purchase transport services. submit comments on or before February extension (no change in the reporting, 12, 2010. If you anticipate that you will recordkeeping and/or third party Federal Communications Commission. be submitting comments, but find it disclosure requirements) after this 60 Marlene H. Dortch, difficult to do so within the period of day comment period to the Office of Secretary, Office of the Secretary, Office of time allowed by this notice, you should Management and Budget (OMB) in order Managing Director. advise the contact listed below as soon to obtain the full three year clearance [FR Doc. E9–29643 Filed 12–11–8:45 am] as possible. from them. The Commission has BILLING CODE 6712–01–S ADDRESSES: Direct all PRA comments to adjusted the total burden hour estimate Nicholas A. Fraser, Office of by –62,900 hours which is due fewer respondents. FEDERAL COMMUNICATIONS Management and Budget (OMB), via fax COMMISSION at (202) 395–5167, or via the Internet at Prepaid calling car providers are to _ _ Nicholas A. [email protected] and report on a quarterly basis the Sunshine Act Meeting; Open to Judith B. Herman, Federal percentage of interstate, intrastate and Commission Meeting; December 16, Communications Commission (FCC). To international traffic and call volumes to 2009 submit your PRA comments by e–mail carriers from which they purchase send them to: [email protected]. transport services. Prepaid calling card Date: December 9, 2009. providers must also file certifications The Federal Communications FOR FURTHER INFORMATION CONTACT: with the Commission quarterly that Commission will hold an Open Meeting Judith B. Herman, OMD, 202–418–0214. include the above information and a on Wednesday, December 16, 2009, For additional information about the statement that they are contributing to which is scheduled to commence at 10 information collection(s) send an e–mail the federal Universal Service Fund a.m. in Room TW–C305, at 445 12th to [email protected] or contact Judith B. (USF) based on all interstate and Street, SW., Washington, D.C. Herman, 202–418–0214. international revenue, except for The meeting will feature a SUPPLEMENTARY INFORMATION: revenue from the sale of prepaid calling presentation on the status of the OMB Control No: 3060–1096. cards by, to, or pursuant to contract National Broadband Plan. The

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presentation will focus on the policy ACTION: Notice of filing dates for special below for the closing date for each framework for the plan. election. report). The meeting site is fully accessible to Since disclosing financial activity people using wheelchairs or other SUMMARY: The Governor of Florida has from two different calendar years on one mobility aids. Sign language rescheduled the date of the Special interpreters, open captioning, and General Election to fill the U.S. House report would conflict with the calendar assistive listening devices will be seat in the 19th Congressional District year aggregation requirements stated in provided on site. Other reasonable being vacated by Representative Robert the Commission’s disclosure rules, accommodations for people with Wexler. The Special General Election, unauthorized committees that trigger disability are available upon request. In formerly set for April 6, 2010, will now the filing of the Pre-Primary Report will your request include a description of the be held on April 13, 2010. The Special be required to file this report on two accommodation you will need and a Primary Election date remains separate forms: One form to cover 2009 way we can contact you if we need more unchanged. activity, labeled as the Year-End Report; information. Last minute request will be Committees required to file reports in and the other form to cover only 2010 accepted, but may be impossible to fill. connection with the Special Primary activity, labeled as the Pre-Primary Send an e–mail to: [email protected] or Election on February 2, 2010, shall file Report. Both forms must be filed by call the Consumer & Government Affairs a 12-day Pre-Primary Report. January 21, 2010. Committees required to file reports in Bureau at 202–418–0530 (voice), 202– Committees filing monthly that make 418–0432 (tty). connection with both the Special Additional information concerning Primary and Special General Election on contributions or expenditures in this meeting may be obtained from April 13, 2010, shall file a 12-day Pre- connection with the Florida Special Audrey Spivack or David Fisk, Office of Primary Report, a 12-day Pre-General Primary or Special General Elections Media Relations, 202–418–0500; TTY 1– Report, and a 30-day Post-General will continue to file according to the 888–835–5322. Audio/Video coverage of Report. monthly reporting schedule. the meeting will be broadcasted live FOR FURTHER INFORMATION CONTACT: Mr. Additional disclosure information in with open captioning over Internet from Kevin R. Salley, Information Division, connection with the Florida Special the FCC Audio/Video Events Web page 999 E Street, NW., Washington, DC Election may be found on the FEC Web at http://www.fcc.gov/realaudio. 20463; Telephone: (202) 694–1100; Toll site at http://www.fec.gov/info/ For a fee this meeting can be viewed Free (800) 424–9530. report_dates.shtml. live over George Mason University’s SUPPLEMENTARY INFORMATION: Capital Connection. The Capital Disclosure of Lobbyist Bundling Connection also will carry the meeting Principal Campaign Committees Activity live via the Internet. To purchase these All principal campaign committees of services, call 703–993–3100 or go to Campaign committees, party candidates who participate in the committees and Leadership PACs that http://www.capitalconnection.gmu.edu. Florida Special Primary and Special Copies of material adopted at this are otherwise required to file reports in General Elections shall file a 12-day Pre- meeting can be purchased from the connection with the special elections Primary Report on January 21, 2010; a FCC’s duplicating contractor, Best Copy must simultaneously file FEC Form 3L 12-day Pre-General Report on April 1, and Printing, Inc., 202–488–5300; Fax 2010; and a 30-day Post-General Report if they receive two or more bundled 202–488–5563; TTY 202–488–5562. on May 13, 2010. (See chart below for contributions from lobbyists/registrants These copies are available in paper the closing date for each report). or lobbyist/registrant PACs that format and alternative media, including All principal campaign committees of aggregate in excess of the lobbyist large print/type; digital disk; and audio candidates participating only in the bundling disclosure threshold during and video tape. Best Copy and Printing, Special Primary Election shall file a 12- the special election reporting periods Inc. may be reached by e–mail at day Pre-Primary Report on January 21, (see charts below for closing date of [email protected]. 2010. (See chart below for the closing each period). 11 CFR 104.22(a)(5)(v). Federal Communications Commission. date for each report). The lobbyist bundling disclosure Marlene H. Dortch, Note that these reports are in addition threshold for calendar year 2009 is Secretary, Office of the Secretary, Office of to the campaign committee’s quarterly $16,000. This threshold amount may Managing Director. filings in April and July. (See chart increase in 2010 based upon the annual [FR Doc. E9–29735 Filed 12–10–09; 11:15 below for the closing date for each cost of living adjustment (COLA). As am] report). soon as the adjusted threshold amount BILLING CODE 6712–01–S Unauthorized Committees (PACs and is available, the Commission will Party Committees) publish it in the Federal Register and FEDERAL ELECTION COMMISSION Political committees filing on a post it on its Web site. 11 CFR 104.22(g) quarterly basis in 2010 are subject to and 110.17(e)(2). For more information [Notice 2009–29] special election reporting if they make on these requirements, see Federal Register Notice 2009–03, 74 FR 7285 Filing Dates for the Florida Special previously undisclosed contributions or Election in the 19th Congressional expenditures in connection with the (February 17, 2009). District Florida Special Primary or Special General Elections by the close of books AGENCY: Federal Election Commission. for the applicable report(s). (See chart

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CALENDAR OF REPORTING DATES FOR FLORIDA SPECIAL ELECTION

Close of Reg. cert. & Report 1 overnight mail- Filing deadline books ing deadline

Committees Involved in Only the Special Primary (02/02/10) Must File

Year-End ...... —WAIVED —

Pre-Primary ...... 01/13/10 2 01/18/10 01/21/10 April Quarterly ...... 03/31/10 04/15/10 04/15/10

Committees Involved in Both the Special Primary (02/02/10) and Special General (04/13/10) Must File

Year-End ...... —WAIVED—

Pre-Primary ...... 01/13/10 2 01/18/10 01/21/10 Pre-General ...... 03/24/10 03/29/10 04/01/10 April Quarterly ...... 03/31/10 04/15/10 04/15/10 Post-General ...... 05/03/10 05/13/10 05/13/10 July Quarterly ...... 06/30/10 07/15/10 07/15/10

Committees Involved in Only the Special General (04/13/10) Must File

Pre-General ...... 03/24/10 03/29/10 04/01/10 April Quarterly ...... 03/31/10 04/15/10 04/15/10 Post-General ...... 05/03/10 05/13/10 05/13/10 July Quarterly ...... 06/30/10 07/15/10 07/15/10 1 The reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered as a political committee with the Commission up through the close of books for the first report due. 2 Notice that the registered/certified & overnight mailing deadline falls on a federal holiday. The report should be postmarked on or before that date.

On behalf of the Commission. I. Background 70423 (Dec. 20, 2003) (‘‘Interim Dated: December 8, 2009. For approximately the first 25 years of Disclosure Policy’’). Steven T. Walther, its existence, the Federal Election In 2006, the Commission reconsidered Chairman, Federal Election Commission. Commission (‘‘Commission’’) placed on its practice of placing First General [FR Doc. E9–29611 Filed 12–11–09; 8:45 am] the public record, at the close of an Counsel’s Reports on the public record BILLING CODE 6715–01–P enforcement matter, all materials after a case arose in which the considered by the Commissioners in Commission adopted a recommendation their disposition of a case, except for offered by the Office of General Counsel FEDERAL ELECTION COMMISSION those materials prohibited from (‘‘OGC’’) in a General Counsel’s Report, disclosure by the Federal Election but rejected one of several underlying [Notice 2009–28] Campaign Act (‘‘FECA’’ or ‘‘the Act’’) or, rationales for the recommendation. in most instances, those exempt from Thereafter, OGC began recommending Statement of Policy Regarding Placing disclosure under the Freedom of the approval of a Factual & Legal First General Counsel’s Reports on the Information Act (‘‘FOIA’’). Analysis (‘‘F&LA’’) in all cases, not just Public Record In 2001, following the decision of the those with reason to believe district court in AFL–CIO v. FEC, 177 F. recommendations. From January 2007 AGENCY: Federal Election Commission. Supp. 2d 48 (D.D.C. 2001) (‘‘AFL–CIO’’), forward, F&LAs providing an ACTION: Statement of Policy. the Commission placed on the public explanation for the Commission’s SUMMARY: The Federal Election record only those documents that decisions were placed on the public Commission will resume the practice of reflected the very final action in an record in new enforcement matters, but placing all First General Counsel’s enforcement matter and the reasons for First General Counsel’s Reports were Reports on the public record, subject to that action. Then, after the court of not. appeals decision in the AFL–CIO case, appropriate redaction or withholding. II. Return to Prior Practice 333 F.3d 168 (DC Cir. 2003), the DATES: December 14, 2009. Commission adopted an interim policy, In the interest of promoting FOR FURTHER INFORMATION CONTACT: in which it said it would place on the transparency, the Commission is Lawrence Calvert, Deputy General public record, among other things, resuming the practice of placing all First Counsel, or Nicole St. Louis Matthis, ‘‘General Counsel’s Reports that General Counsel’s Reports on the public Assistant General Counsel, 999 E Street, recommend dismissal, reason to believe, record, whether or not the NW., Washington, DC 20463, (202) 694– no reason to believe, no action at this recommendations in these First General 1650 or (800) 424–9530. time, probable cause to believe, no Counsel’s Reports are adopted by the SUPPLEMENTARY INFORMATION: The probable cause to believe, no further Commission. Federal Election Commission is action, or acceptance of a conciliation The Commission will place all First returning to its prior practice of placing agreement[.]’’ See Statement of Policy General Counsel’s Reports on the public First General Counsel’s Reports on the Regarding Disclosure of Closed record in closed enforcement matters, public record to promote transparency. Enforcement or Related Files, 68 FR prospectively and retroactively, while

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reserving the right to redact portions of must be received not later than Governors not later than January 8, such documents consistent with the December 30, 2009. 2010. Act, the principles articulated by the A. Federal Reserve Bank of Kansas A. Federal Reserve Bank of Cleveland court of appeals in AFL–CIO, and City (Dennis Denney, Assistant Vice (Nadine Wallman, Vice President) 1455 subject to the Commission’s authority to President) 1 Memorial Drive, Kansas East Sixth Street, Cleveland, Ohio withhold material under an exemption City, Missouri 64198–0001: 44101–2566: set forth in the FOIA. 1. The Robert and Norman Ohlde 1. Excel Bancorp, LLC, St. Clairsville, Until such time as all previously Trust, Robert and Norma Ohlde, Ohio; to become a bank holding undisclosed First General Counsel’s trustees; Steven and Cynthia Ohlde, all company by acquiring a controlling Reports have been placed on the public of Linn, Kansas; and Timothy and Debra interest in Ohio Legacy Corp., and record, the Commission intends to Ohlde, Clyde, Kansas, acting in concert; thereby indirectly acquire Ohio Legacy approve any FOIA request seeking a to retain/acquire voting shares of Bank, N.A., Wooster, Ohio. First General Counsel’s Report or Elkcorp, Inc., and thereby indirectly Board of Governors of the Federal Reserve accompanying F&LA that has not yet retain/acquire voting shares of The Elk System, December 9, 2009. been placed on the public record, but State Bank, both in Clyde, Kansas. Robert deV. Frierson, reserves the right to redact portions of Board of Governors of the Federal Reserve Deputy Secretary of the Board. such documents consistent with the System, December 9, 2009. [FR Doc. E9–29652 Filed 12–11–09; 8:45 am] Act, the principles articulated by the Robert deV. Frierson, BILLING CODE 6210–01–S court of appeals in AFL–CIO, and subject to the Commission’s authority to Deputy Secretary of the Board. withhold material under an exemption [FR Doc. E9–29651 Filed 12–11–09; 8:45 am] BILLING CODE 6210–01–S DEPARTMENT OF HEALTH AND set forth in the FOIA. HUMAN SERVICES This document amends an agency practice or procedure. This document FEDERAL RESERVE SYSTEM Food and Drug Administration does not constitute an agency regulation [Docket No. FDA–2009–N–0293] requiring notice of proposed Formations of, Acquisitions by, and rulemaking, opportunities for public Mergers of Bank Holding Companies Peter Xuong Lam: Debarment Order comment, prior publication, and delay effective under 5 U.S.C. 553 of the The companies listed in this notice AGENCY: Food and Drug Administration, Administrative Procedure Act (‘‘APA’’). have applied to the Board for approval, HHS. The provisions of the Regulatory pursuant to the Bank Holding Company ACTION: Notice. Flexibility Act, 5 U.S.C. 605(b), which Act of 1956 (12 U.S.C. 1841 et seq.) apply when notice and comment are (BHC Act), Regulation Y (12 CFR Part SUMMARY: The Food and Drug required by the APA or another statute, 225), and all other applicable statutes Administration (FDA) is issuing an are not applicable. and regulations to become a bank order under the Federal Food, Drug, and holding company and/or to acquire the Cosmetic Act (the act) debarring Peter On behalf of the Commission. Xuong Lam for a period of 20 years from Dated: December 4, 2009. assets or the ownership of, control of, or the power to vote shares of a bank or importing articles of food or offering Steven T. Walther, bank holding company and all of the such articles for importation into the Chairman, Federal Election Commission. banks and nonbanking companies United States. FDA bases this order on [FR Doc. E9–29609 Filed 12–11–09; 8:45 am] owned by the bank holding company, a finding that Mr. Lam was convicted of BILLING CODE 6715–01–P including the companies listed below. four felonies under Federal law for The applications listed below, as well conduct relating to the importation into as other related filings required by the the United States of an article of food. Board, are available for immediate After being given notice of the proposed FEDERAL RESERVE SYSTEM inspection at the Federal Reserve Bank debarment and an opportunity to request a hearing within the timeframe Change in Bank Control Notices; indicated. The applications also will be available for inspection at the offices of prescribed by regulation, Mr. Lam failed Acquisition of Shares of Bank or Bank to request a hearing. Mr. Lam’s failure Holding Companies the Board of Governors. Interested persons may express their views in to request a hearing constitutes a waiver of his right to a hearing concerning this The notificants listed below have writing on the standards enumerated in action. applied under the Change in Bank the BHC Act (12 U.S.C. 1842(c)). If the Control Act (12 U.S.C. 1817(j)) and proposal also involves the acquisition of DATES: This order is effective December § 225.41 of the Board’s Regulation Y (12 a nonbanking company, the review also 14, 2009. CFR 225.41) to acquire a bank or bank includes whether the acquisition of the ADDRESSES: Submit applications for holding company. The factors that are nonbanking company complies with the termination of debarment to the considered in acting on the notices are standards in section 4 of the BHC Act Division of Dockets Management (HFA– set forth in paragraph 7 of the Act (12 (12 U.S.C. 1843). Unless otherwise 305), Food and Drug Administration, U.S.C. 1817(j)(7)). noted, nonbanking activities will be 5630 Fishers Lane, rm. 1061, Rockville, The notices are available for conducted throughout the United States. MD 20852. immediate inspection at the Federal Additional information on all bank FOR FURTHER INFORMATION CONTACT: Reserve Bank indicated. The notices holding companies may be obtained Kenny Shade, Division of Compliance also will be available for inspection at from the National Information Center Policy (HFC–230), Office of the office of the Board of Governors. website at www.ffiec.gov/nic/. Enforcement, Office of Regulatory Interested persons may express their Unless otherwise noted, comments Affairs, Food and Drug Administration, views in writing to the Reserve Bank regarding each of these applications 5600 Fishers Lane, Rockville, MD indicated for that notice or to the offices must be received at the Reserve Bank 20857, 240–632–6844. of the Board of Governors. Comments indicated or the offices of the Board of SUPPLEMENTARY INFORMATION:

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I. Background On or about November 7, 2004, States of an article of food by, with the Section 306(b)(1)(C) of the act (21 December 7, 2004, February 3, 2005, assistance of, or at the direction of Mr. U.S.C. 335a(b)(1)(C)) permits FDA to and February 27, 2005, in violation of Lam is a prohibited act. debar an individual from importing an 18 U.S.C. 545 and 18 U.S.C. 2(b), Mr. Any application by Mr. Lam for article of food or offering such an article Lam made and knowingly submitted to termination of debarment under section for import into the United States if FDA a customs broker a false record, account, 306(d)(1) of the act (21 U.S.C. finds, as required by section and label for false identification of fish 335a(d)(1)) should be identified with 306(b)(3)(A) of the act (21 U.S.C. with a market value greater than $350. Docket No. FDA–2009–N–0293 and sent 335a(b)(3)(A)), that the individual has The documents and labels identified the to the Division of Dockets Management been convicted of a felony under fish as ‘‘common carp,’’ ‘‘sole,’’ and (see ADDRESSES). All such submissions Federal law for conduct relating to the ‘‘conger pike,’’ though Mr. Lam knew are to be filed in four copies. The public importation into the United States of the fish was Vietnamese catfish which availability of information in these had been transported in foreign any food. submissions is governed by 21 CFR On October 29, 2008, Mr. Lam was commerce and imported with intent to 10.20(j). convicted in the United States District sell. Publicly available submissions may FDA sent Mr. Lam by certified mail Court for the Central District of be seen in the Division of Dockets on September 11, 2009, a proposal to California of one count of conspiracy, in Management between 9 a.m. and 4 p.m., debar Mr. Lam for a period of 20 years violation of 18 U.S.C. 371, for Monday through Friday. from importing an article of food or conspiring to violate 18 U.S.C. 545 offering such an article for import into Dated: November 20, 2009. (importation contrary to law) and 21 the United States. The proposal was Brenda Holman, U.S.C. 331(a) and (c) and 21 U.S.C. based on a finding under section Acting Director, Office of Enforcement, Office 333(a)(2) (felony delivery and receipt of 306(b)(1)(C) of the act that Mr. Lam was of Regulatory Affairs. misbranded food) and of three counts of convicted of four felonies under Federal [FR Doc. E9–29715 Filed 12–11–09; 8:45 am] violating 18 U.S.C. 545 and 18 U.S.C. law for conduct relating to the BILLING CODE 4160–01–S 2(b) (trafficking in fish contrary to 18 importation into the United States of U.S.C. 541 and 21 U.S.C. 331(a)). any food, and a determination, after Judgment was entered against Mr. Lam consideration of the factors set forth in DEPARTMENT OF HEALTH AND on May 22, 2009. section 306(c)(3) of the act (21 U.S.C. HUMAN SERVICES FDA’s finding that debarment is 335a(c)(3)), that the full periods of appropriate is based on three felony debarment shall run consecutively as National Institutes of Health convictions for trafficking in illegally provided by section 306(c)(2)(A)(iii) of imported merchandise and one felony National Heart, Lung, and Blood the act (21 U.S.C. 335a(c)(2)(A)(iii)). The Institute; Notice of Meeting conviction for conspiracy. The factual proposal also offered Mr. Lam an basis for those convictions is as follows: opportunity to request a hearing, Pursuant to section 10(d) of the From May 2004 until on or about providing him 30 days from the date of Federal Advisory Committee Act, as October 2006, Mr. Lam conspired to receipt of the letter in which to file the amended (5 U.S.C. App.), notice is falsely identify, mislabel, and request, and advised him that failure to hereby given of a meeting of the fraudulently declare certain imports of request a hearing constituted a waiver of National Heart, Lung, and Blood frozen fillets of Pangasius the opportunity for a hearing and of any Advisory Council. hypophthalmus, commonly referred to contentions concerning this action. Mr. The meeting will be open to the as ‘‘Vietnamese catfish’’ or ‘‘basa,’’ in Lam did not request a hearing and has, public as indicated below, with order to evade antidumping duties and therefore, waived his opportunity for a attendance limited to space available. to then market them, still falsely hearing and waived any contentions Individuals who plan to attend and labeled. Mr. Lam sold the imported concerning his debarment (21 CFR part need special assistance, such as sign frozen Vietnamese catfish fillets in the 12). language interpretation or other United States, mislabeled as other types reasonable accommodations, should of fish, for a lower price than would II. Findings and Order notify the Contact Person listed below have been necessary if the antidumping Therefore, the Acting Director, Office in advance of the meeting. duties had been paid. He told of Enforcement, Office of Regulatory The meeting will be closed to the purchasers who had specifically ordered Affairs, under section 306(b)(1)(C) of the public in accordance with the Vietnamese catfish, and who questioned act, and under authority delegated to the provisions set forth in sections the subsequently received boxes of fish Acting Director (Staff Manual Guide 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., labeled as other species, or invoices 1410.35), finds that Mr. Peter Xuong as amended. The grant applications and identifying the fish as other species, Lam has been convicted of four felonies the discussions could disclose that, among other things, the names under Federal law for conduct relating confidential trade secrets or commercial used were alternative names for what to the importation of an article of food property such as patentable material, the purchasers had ordered, or that the into the United States and that the full and personal information concerning factory had made an error with the periods of debarment shall run individuals associated with the grant boxes, but the contents of the box were consecutively under section 306(c)(2) of applications, the disclosure of which in fact the Vietnamese catfish that the the act (21 U.S.C. 335a(c)(2)). would constitute a clearly unwarranted purchasers had ordered. On or about As a result of the foregoing finding, invasion of personal privacy. November 17, 2004, Mr. Lam filled an Mr. Lam is debarred for a period of 20 order for 800 cases of ‘‘catfish fillet years from importing articles of food or Name of Committee: National Heart, (Basa)’’ with 800 cases of ‘‘conger pike offering such articles for import into the Lung, and Blood Advisory Council. fillet,’’ and then represented to the United States, effective (see DATES). Date: February 2, 2010. purchaser that ‘‘conger pike fillet’’ was Under section 301(cc) of the act (21 Open: 8 a.m. to 12 p.m. the scientific name for basa and that the U.S.C. 331(cc)), the importing or Agenda: To discuss program policies product sold to the purchaser was basa. offering for import into the United and issues.

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Place: National Institutes of Health, amended (5 U.S.C. App.), notice is DEPARTMENT OF HEALTH AND Building 31, 31 Center Drive, hereby given of the following meetings. HUMAN SERVICES Conference Room 10, Bethesda, MD The meetings will be closed to the 20892. public in accordance with the National Institutes of Health Closed: 1 p.m. to 5 p.m. provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institute of Allergy and applications. as amended. The grant applications and Infectious Diseases; Notice of Closed Place: National Institutes of Health, the discussions could disclose Meetings Building 31, 31 Center Drive, confidential trade secrets or commercial Pursuant to section 10(d) of the Conference Room 10, Bethesda, MD property such as patentable material, Federal Advisory Committee Act, as 20892. and personal information concerning amended (5 U.S.C. App.), notice is Contact Person: Stephen C. Mockrin, individuals associated with the grant hereby given of the following meetings. PhD, Director, Division of Extramural applications, the disclosure of which The meetings will be closed to the Research Activities, National Heart, would constitute a clearly unwarranted public in accordance with the Lung, and Blood Institute, National invasion of personal privacy. provisions set forth in sections Institutes of Health, 6701 Rockledge 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Drive, Room 7100, Bethesda, MD 20892, Name of Committee: National Institute on Deafness and Other Communication as amended. The grant applications and (301) 435–0260, Disorders Special Emphasis Panel; R03 the discussions could disclose [email protected]. Chemical Senses. confidential trade secrets or commercial Any interested person may file Date: January 13, 2010. property such as patentable material, written comments with the committee Time: 11 a.m. to 2 p.m. and personal information concerning by forwarding the statement to the Agenda: To review and evaluate grant individuals associated with the grant Contact Person listed on this notice. The applications. applications, the disclosure of which statement should include the name, Place: National Institutes of Health, 6120 Executive Blvd., Rockville, MD 20852. would constitute a clearly unwarranted address, telephone number and when (Telephone Conference Call) invasion of personal privacy. applicable, the business or professional Contact Person: Susan Sullivan, PhD, affiliation of the interested person. Scientific Review Officer, National Institute Name of Committee: National Institute of In the interest of security, NIH has of Deafness and Other, Communication Allergy and Infectious Diseases Special instituted stringent procedures for Disorders 6120 Executive Blvd Ste., 400C, Emphasis Panel; NIAID Science Education entrance onto the NIH campus. All Rockville, MD 20852, 301–496–8683, Awards (R25). [email protected]. Date: January 5, 2010. visitor vehicles, including taxicabs, Time: 10:30 a.m. to 1:30 p.m. hotel, and airport shuttles will be Name of Committee: National Institute on Agenda: To review and evaluate grant Deafness and Other Communication inspected before being allowed on applications. Disorders Special Emphasis Panel; R03 VSL. campus. Visitors will be asked to show Place: National Institutes of Health, 6700B Date: January 14, 2010. Rockledge Drive, Bethesda, MD 20817, one form of identification (for example, Time: 12:30 p.m. to 4 p.m. (Telephone Conference Call) a government-issued photo ID, driver’s Agenda: To review and evaluate grant Contact Person: Edward W. Schroder, PhD, license, or passport) and to state the applications. Scientific Review Officer, Scientific Review purpose of their visit. Place: National Institutes of Health, 6120 Program, Division of Extramural Activities, Information is also available on the Executive Blvd., Rockville, MD 20852. National Institutes of Health/NIAID, 6700B Institute’s/Center’s home page: http:// (Telephone Conference Call) Contact Person: Shiguang Yang, DVM, Rockledge Drive, MSC 7616, Bethesda, MD www.nhlbi.nih.gov/meetings/index.htm, 20892, 301–435–8537, where an agenda and any additional PhD, Scientific Review Officer, Division of Extramural Activities, NIDCD, NIH, 6120 [email protected]. information for the meeting will be Executive Blvd., Bethesda, MD 20892, 301– Name of Committee: Microbiology, posted when available. 496–8683. Infectious Diseases and AIDS Initial Review (Catalogue of Federal Domestic Assistance Name of Committee: National Institute on Group; Microbiology and Infectious Diseases Program Nos. 93.233, National Center for Deafness and Other Communication Research Committee. Sleep Disorders Research; 93.837, Heart and Disorders Special Emphasis Panel; R03 Date: February 22–23, 2010. Vascular Diseases Research; 93.838, Lung Hearing and Balance. Time: 8 a.m. to 5 p.m. Diseases Research; 93.839, Blood Diseases Date: January 15, 2010. Agenda: To review and evaluate grant and Resources Research, National Institutes Time: 2 p.m. to 5 p.m. applications. of Health, HHS) Agenda: To review and evaluate grant Place: Marriott Courtyard Chevy Chase, 5520 Wisconsin Avenue, Chevy Chase, MD Dated: December 8, 2009. applications. 20815. Jennifer Spaeth, Place: National Institutes of Health, 6120 Executive Blvd., Rockville, MD 20852. Contact Person: Michelle M. Timmerman, Director, Office of Federal Advisory (Telephone Conference Call) PhD, Scientific Review Officer, Scientific Committee Policy. Contact Person: Shiguang Yang, DVM, Review Program, DEA/NIAID/NIH/DHHS, [FR Doc. E9–29677 Filed 12–11–09; 8:45 am] PhD, Scientific Review Officer, Division of Room 2217, 6700B Rockledge Drive, MSC– BILLING CODE 4140–01–P Extramural Activities, NIDCD, NIH, 6120 7616, Bethesda, MD 20892–7616, 301–451– Executive Blvd., Bethesda, MD 20892, 301– 4573, [email protected]. 496–8683. (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, HUMAN SERVICES Program Nos. 93.173, Biological Research and Transplantation Research; 93.856, Related to Deafness and Communicative Microbiology and Infectious Diseases National Institutes of Health Disorders, National Institutes of Health, HHS) Research, National Institutes of Health, HHS) Dated: December 8, 2009. Dated: December 8, 2009. National Institute on Deafness and Jennifer Spaeth, Jennifer Spaeth, Other Communication Disorders; Director, Office of Federal Advisory Director, Office of Federal Advisory Notice of Closed Meetings Committee Policy. Committee Policy. Pursuant to section 10(d) of the [FR Doc. E9–29680 Filed 12–11–09; 8:45 am] [FR Doc. E9–29681 Filed 12–11–09; 8:45 am] Federal Advisory Committee Act, as BILLING CODE 4140–01–P BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Contact Person: Sathasiva B. Kandasamy, Contact Person: Jeannette F Korczak, PhD, HUMAN SERVICES PhD, Scientific Review Officer, Division of Scientific Review Administrator, Resources Scientific Review, Eunice Kennedy Shriver and Training Review Branch, Division of National Institutes of Health National Institute, of Child Health and Extramural Activities, National Cancer Human Development, 6100 Executive Institute, NIH, 6116 Executive Blvd., Room Center for Scientific Review; Amended Boulevard, Room 5B01, Bethesda, MD 8115, Bethesda, MD 20892, 301–496–9767, 20892–9304, (301) 435–6680, Notice of Meeting [email protected]. [email protected]. (Catalogue of Federal Domestic Assistance Notice is hereby given of a change in (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; the meeting of the Center for Scientific Program Nos. 93.864, Population Research; 93.393, Cancer Cause and Prevention Review Special Emphasis Panel, January 93.865, Research for Mothers and Children; Research; 93.394, Cancer Detection and 93.929, Center for Medical Rehabilitation Diagnosis Research; 93.395, Cancer 7, 2010, 2:30 p.m. to January 7, 2010, 4 Research; 93.209, Contraception and p.m., National Institutes of Health, 6701 Treatment Research; 93.396, Cancer Biology Infertility Loan Repayment Program, National Research; 93.397, Cancer Centers Support; Rockledge Drive, Bethesda, MD, 20892 Institutes of Health, HHS) 93.398, Cancer Research Manpower; 93.399, which was published in the Federal Dated: December 8, 2009. Cancer Control, National Institutes of Health, Register on December 8, 2009, 74 FR Jennifer Spaeth, HHS) 64703. Director, Office of Federal Advisory Dated: December 7, 2009. The ending time of the meeting on Committee Policy. January 7, 2010 has been changed to Jennifer Spaeth, [FR Doc. E9–29685 Filed 12–11–09; 8:45 am] 4:30 p.m. The meeting title has been Director, Office of Federal Advisory changed to ‘‘Member Conflict: Clinical BILLING CODE 4140–01–P Committee Policy. Cardiovascular’’. The meeting is closed [FR Doc. E9–29684 Filed 12–11–09; 8:45 am] BILLING CODE 4140–01–P to the public. DEPARTMENT OF HEALTH AND Dated: December 8, 2009. HUMAN SERVICES Jennifer Spaeth, DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory National Institutes of Health HUMAN SERVICES Committee Policy. National Cancer Institute; Notice of National Institutes of Health [FR Doc. E9–29683 Filed 12–11–09; 8:45 am] Closed Meetings BILLING CODE 4140–01–P Pursuant to section 10(d) of the Center for Scientific Review; Amended Federal Advisory Committee Act, as Notice of Meeting DEPARTMENT OF HEALTH AND amended (5 U.S.C. App.), notice is Notice is hereby given of a change in HUMAN SERVICES hereby given of the following meetings. The meetings will be closed to the the meeting of the National Institutes of National Institutes of Health public in accordance with the Health Peer Review Advisory provisions set forth in sections Committee, February 1, 2010, 8 a.m. to Eunice Kennedy Shriver National 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., February 1, 2010, 5 p.m., Bethesda Institute of Child Health & Human as amended. The grant applications and North Marriott Hotel & Conference Development; Notice of Closed the discussions could disclose Center, Montgomery County Conference Meeting confidential trade secrets or commercial Center Facility, 5701 Marinelli Road, North Bethesda, MD 20852 which was Pursuant to section 10(d) of the property such as patentable material, and personal information concerning published in the Federal Register on Federal Advisory Committee Act, as November 25, 2009, 74 FR 61693. amended (5 U.S.C. App.), notice is individuals associated with the grant applications, the disclosure of which The starting time of the meeting on hereby given of the following meeting. February 1, 2010 has been changed to The meeting will be closed to the would constitute a clearly unwarranted invasion of personal privacy. 8:15 a.m. until adjournment at 5 p.m. public in accordance with the The meeting date and location remain provisions set forth in sections Name of Committee: National Cancer Institute Initial Review Group; Subcommittee the same. The meeting is open to the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public. as amended. The contract proposals and I—Career Development. Date: January 26–27, 2010. the discussions could disclose Dated: December 8, 2009. Time: 8 a.m. to 12 p.m. Jennifer Spaeth, confidential trade secrets or commercial Agenda: To review and evaluate grant property such as patentable material, applications. Director, Office of Federal Advisory and personal information concerning Place: Hilton Crystal City, 2399 Jefferson Committee Policy. individuals associated with the contract Davis Hwy, Arlington, VA 22202. [FR Doc. E9–29682 Filed 12–11–09; 8:45 am] proposals, the disclosure of which Contact Person: Robert E Bird, PhD, Chief, BILLING CODE 4140–01–P would constitute a clearly unwarranted Resources and Training Review Branch, invasion of personal privacy. Division of Extramural Activities, National Cancer Institute, 6116 Executive Boulevard, Name of Committee: National Institute of Room 8113, Bethesda, MD 20892–8328, 301– Child Health and Human Development 496–7978, [email protected]. DEPARTMENT OF HOMELAND SECURITY Special Emphasis Panel; Archiving of Name of Committee: National Cancer Adolescent Pregnancy Prevention Research Institute Initial Review Group; Subcommittee Data. G—Education. Customs and Border Protection Date: January 6, 2010. Date: January 26, 2010. Time: 2 p.m. to 3:30 p.m. Time: 8 a.m. to 6 p.m. Agency Information Collection Agenda: To review and evaluate concept Agenda: To review and evaluate grant Activities: Administrative Rulings review. applications. Place: National Institutes of Health, 6100 Place: Marriott Bethesda North Hotel & AGENCY: U.S. Customs and Border Executive Boulevard, Room 5B01, Rockville, Conference Center, 5701 Marinelli Road, Protection, Department of Homeland MD 20852. (Telephone Conference Call) Bethesda, MD 20852. Security.

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ACTION: 30-Day notice and request for are to respond, including the use of ACTION: 30-Day notice and request for comments; Extension of an existing appropriate automated, electronic, comments; Extension of an existing information collection: 1651–0085. mechanical, or other technological information collection: 1651–0035. techniques or other forms of SUMMARY: U.S. Customs and Border information. SUMMARY: U.S. Customs and Border Protection (CBP) of the Department of Title: Administrative Rulings. Protection (CBP) of the Department of Homeland Security has submitted the OMB Number: 1651–0085. Homeland Security has submitted the following information collection request following information collection request Form Number: None. to the Office of Management and Budget to the Office of Management and Budget (OMB) for review and approval in Abstract: The collection of (OMB) for review and approval in accordance with the Paperwork information in 19 CFR Part 177 is accordance with the Paperwork Reduction Act: Administrative Rulings. necessary in order to enable Customs Reduction Act: Holders or Containers This is a proposed extension of an and Border Protection (CBP) to respond which Enter the United States Duty information collection that was to requests by importers and other Free. This is a proposed extension of an previously approved. CBP is proposing interested persons for the issuance of information collection that was that this information collection be administrative rulings. These rulings previously approved. CBP is proposing extended with no change to the burden pertain to the interpretation and that this information collection be hours. This document is published to application of the CBP and related laws extended with no change to the burden obtain comments from the public and with respect to prospective and current hours. This document is published to affected agencies. This proposed transactions. obtain comments from the public and information collection was previously Current Actions: There are no changes affected agencies. This proposed published in the Federal Register (74 to the information collection. This information collection was previously FR 49392) on September 28, 2009, submission is being made to extend the published in the Federal Register (74 allowing for a 60-day comment period. expiration date. FR 51297) on October 6, 2009, allowing This notice allows for an additional 30 Type of Review: Extension (without for a 60-day comment period. This days for public comments. This process change). notice allows for an additional 30 days is conducted in accordance with 5 CFR Affected Public: Businesses. for public comments. This process is 1320.10. Rulings: conducted in accordance with 5 CFR DATES: Written comments should be Estimated Number of Respondents: 1320.10. received on or before January 13, 2010. 12,000. DATES: Written comments should be ADDRESSES: Interested persons are Estimated Time per Respondent: 10 received on or before January 13, 2010. invited to submit written comments on hours. ADDRESSES: this proposed information collection to Estimated Total Annual Burden Interested persons are the Office of Information and Regulatory Hours: 120,000. invited to submit written comments on this proposed information collection to Affairs, Office of Management and Appeals: the Office of Information and Regulatory Budget. Comments should be addressed Estimated Number of Respondents: to the OMB Desk Officer for Customs Affairs, Office of Management and 200. Budget. Comments should be addressed and Border Protection, Department of Estimated Time per Respondent: 40 Homeland Security, and sent via to the OMB Desk Officer for Customs hours. and Border Protection, Department of electronic mail to Estimated Total Annual Burden _ Homeland Security, and sent via oira [email protected] or faxed Hours: 8,000. to (202) 395–5806. electronic mail to If additional information is required [email protected] or faxed SUPPLEMENTARY INFORMATION: U.S. contact: Tracey Denning, U.S. Customs to (202) 395–5806. Customs and Border Protection (CBP) and Border Protection, Office of SUPPLEMENTARY INFORMATION: U.S. encourages the general public and Regulations and Rulings, 799 9th Street, Customs and Border Protection (CBP) affected Federal agencies to submit NW., 7th Floor, Washington, DC 20229– encourages the general public and written comments and suggestions on 1177, at 202–325–0265. proposed and/or continuing information affected Federal agencies to submit collection requests pursuant to the Dated: December 8, 2009. written comments and suggestions on Paperwork Reduction Act (Pub. L.104– Tracey Denning, proposed and/or continuing information 13). Your comments should address one Agency Clearance Officer, U.S. Customs and collection requests pursuant to the of the following four points: Border Protection. Paperwork Reduction Act (Pub. L. 104– (1) Evaluate whether the proposed [FR Doc. E9–29607 Filed 12–11–09; 8:45 am] 13). Your comments should address one collection of information is necessary BILLING CODE 9111–14–P of the following four points: for the proper performance of the (1) Evaluate whether the proposed functions of the agency/component, collection of information is necessary including whether the information will DEPARTMENT OF HOMELAND for the proper performance of the have practical utility; SECURITY functions of the agency/component, including whether the information will (2) Evaluate the accuracy of the Customs and Border Protection agencies/components estimate of the have practical utility; burden of the proposed collection of Agency Information Collection (2) Evaluate the accuracy of the information, including the validity of Activities: Holders or Containers agencies/components estimate of the the methodology and assumptions used; Which Enter the United States Duty burden of the proposed collection of (3) Enhance the quality, utility, and Free information, including the validity of clarity of the information to be the methodology and assumptions used; collected; and AGENCY: U.S. Customs and Border (3) Enhance the quality, utility, and (4) Minimize the burden of the Protection, Department of Homeland clarity of the information to be collections of information on those who Security. collected; and

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(4) Minimize the burden of the DEPARTMENT OF HOMELAND Division, DHS/FEMA, 1800 South Bell collections of information on those who SECURITY Street, Crystal City, VA 20598–3030; by are to respond, including the use of telephone at (202) 646–3316 or by appropriate automated, electronic, Federal Emergency Management facsimile at (202) 646–2787 (not toll-free mechanical, or other technological Agency calls); or by e-mail at techniques or other forms of [Docket ID FEMA–2009–0011] [email protected]. information. SUPPLEMENTARY INFORMATION: This Fee Schedule for Processing Requests Title: Holders or Containers which notice contains the revised fee for Map Changes, for Flood Insurance Enter the United States Duty Free. schedules for processing certain types of Study Backup Data, and for National requests for changes to National Flood OMB Number: 1651–0035. Flood Insurance Program Map and Insurance Program (NFIP) maps, for Form Number: None. Insurance Products processing requests for Flood Insurance Abstract: This collection of AGENCY: Federal Emergency Study (FIS) technical and administrative information is to implement Item Management Agency, DHS. support data, and for processing requests for particular NFIP map and 9801.00.10 of the Harmonized Tariff ACTION: Notice. Schedules of the United States (HTSUS) insurance products. The changes in the which provides that articles that were SUMMARY: This notice contains the fee schedules will allow the Federal manufactured in the U.S. and exported revised fee schedules for processing Emergency Management Agency and returned without having been certain types of requests for changes to (FEMA) to reduce further the expenses to the NFIP by recovering more fully the advanced in value or improved in National Flood Insurance Program costs associated with processing condition may be brought back into the (NFIP) maps, for processing requests for conditional and final map change U.S. duty-free. It also allows CBP to Flood Insurance Study (FIS) technical and administrative support data, and for requests; retrieving, reproducing, and implement 9803.00.50 (HTSUS) which distributing technical and provides for the duty-free entry of processing requests for particular NFIP map and insurance products. The administrative support data related to substantial holders or containers of FIS analyses and mapping; and foreign manufacture if duty had been changes in the fee schedules will allow the Federal Emergency Management producing, retrieving, and distributing paid upon a previous importation Agency (FEMA) to reduce further the particular NFIP map and insurance pursuant to the provisions of 19 CFR expenses to the NFIP by recovering products. 10.41b. more fully the costs associated with Evaluations Performed. To develop Current Actions: There are no changes processing conditional and final map the revised fee schedule for conditional to the information collection. This change requests; retrieving, and final map change requests, FEMA submission is being made to extend the reproducing, and distributing technical evaluated the actual costs of reviewing expiration date. and administrative support data related and processing requests for Conditional to FIS analyses and mapping; and Letters of Map Amendment (CLOMAs), Type of Review: Extension (without Conditional Letters of Map Revision change). producing, retrieving, and distributing particular NFIP map and insurance Based on Fill (CLOMR–Fs), Conditional Affected Public: Businesses. products. Letters of Map Revision (CLOMRs), Letters of Map Revision Based on Fill Estimated Number of Respondents: DATES: The revised fee schedules are 20. (LOMR–Fs), and Letters of Map effective for all requests dated, or later. Revision (LOMRs). Estimated Number of Responses per The revised fee schedule for map To develop the revised fee schedule Respondent: 18. changes is effective for all requests requests for FIS technical and Estimated Number of Total Annual dated January 13, 2010, or later. The administrative support data, FEMA Responses: 360. revised fee schedule supersedes the evaluated the actual costs of reviewing, current fee schedule, which was Estimated Total Annual Burden reproducing, and distributing archived established on October 1, 2007. data in seven categories. These Hours: 90. The revised fee schedule for requests categories are discussed in more detail If additional information is required for FIS backup data also is effective for below. contact: Tracey Denning, U.S. Customs all requests dated January 13, 2010, or To develop the revised fee schedule and Border Protection, Office of later. The revised fee schedule for requests for particular NFIP map and Regulations and Rulings, 799 9th Street, supersedes the current fee schedule, insurance products, FEMA: (1) NW., 7th Floor, Washington, DC. which was established on October 1, Evaluated the actual costs incurred at 20229–1177, at 202–325–0265. 2007. the Map Service Center (MSC) for The revised fee schedule for requests Dated: December 8, 2009. producing, retrieving, and distributing for particular NFIP map and insurance those products; (2) analyzed historical Tracey Denning, products, which are available through sales, cost data, and product unit cost Agency Clearance Officer, U.S. Customs and the FEMA Map Service Center (MSC) is for unusual trends or anomalies; and, (3) Border Protection. effective for all written requests, on-line analyzed the effect of program changes, [FR Doc. E9–29608 Filed 12–11–09; 8:45 am] Internet requests made through the MSC new products, technology investments, BILLING CODE 9111–14–P Web site, and all telephone requests and other factors on future sales and received on or after January 13, 2010. product costs. The products covered by The revised fee schedule supersedes the this notice are discussed in detail current fee schedule, which was below. established on October 1, 2007. Periodic Evaluations of Fees. A FOR FURTHER INFORMATION CONTACT: primary component of the fees is the Kathy Miller, Branch Chief, Business prevailing private-sector rates charged Analysis Branch, Risk Analysis to FEMA for labor and materials.

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Because these rates and the actual Request based on levee, berm, or other • State NFIP Coordinators, provided review and processing costs may vary structural measure: $7,150. the data requested is for use by the State from year to year, FEMA will evaluate Request based on as-built information NFIP Coordinators and not a third-party the fees periodically and publish submitted as follow-up to CLOMR: user. revised fee schedules, when needed, as $5,000. FEMA has established seven categories into which requests for FIS notices in the Federal Register. Fees for Conditional and Final Map backup data is separated. These Revisions Based on Structural Fee Schedule for Requests for categories are: Conditional Letters of Map Amendment Measures on Alluvial Fans (1) Category 1—Paper copies, and Conditional and Final Letters of Based on a review of actual cost data microfiche, or diskettes of hydrologic Map Revision Based on Fill for Fiscal Year 2007 and Fiscal Year and hydraulic backup data for current or Based on a review of actual cost data 2008, FEMA has maintained $5,600 as historical FISs; for Fiscal Year 2007 and Fiscal Year the initial fee for requests for CLOMRs (2) Category 2—Paper or mylar copies 2008, FEMA maintained the following and LOMRs based on structural of topographic mapping developed review and processing fees, which are to measures on alluvial fans. FEMA will during FIS process; be submitted with all requests: also continue to recover the remainder (3) Category 3—Paper copies or Request for single-lot/single-structure of the review and processing costs by microfiche of survey notes developed CLOMA and CLOMR–F: $500. invoicing the requester before issuing a during FIS process; Request for single-lot/single-structure determination letter, consistent with (4) Category 4—Paper copies of LOMR–F: $425. current practice. The prevailing private- individual Letters of Map Change Request for single-lot/single-structure sector labor rate charged to FEMA ($60 (LOMCs); LOMR–F based on as-built information per hour) will continue to be used to (5) Category 5—Paper copies of (CLOMR–F previously issued by FEMA): calculate the total reimbursable fees. Preliminary Flood Insurance Rate Map $325. (FIRM) or Flood Boundary and Request for multiple-lot/multiple- Fee Schedule for Requests for Flood Floodway Map (FBFM) panels; structure in a single subdivision or Insurance Study Backup Data (6) Category 6—Computer tapes or within contiguous subdivisions CLOMA: Non-exempt requestors of FIS CD–ROMs of Digital Line Graph files, $700. technical and administrative support Digital Flood Insurance Rate Map files, Request for multiple-lot/multiple- data must submit fees shown below or Digital LOMR attachment files; and structure in a single subdivision or with requests dated January 13, 2010, or (7) Category 7—Computer diskettes within contiguous subdivisions CLOMR– later. These fees are based on the and user’s manuals for FEMA computer F and LOMR–F: $800. complete recovery costs to FEMA for programs. Request for multiple-lot/multiple- retrieving, reproducing, and distributing FEMA established the initial non- structure in a single subdivision or the data, as well as maintaining the refundable fee of $150 non-exempt within contiguous subdivisions LOMR–F library archives, and for collecting and requesters of FIS technical and based on as-built information (CLOMR– depositing fees. Based on a review of administrative support data pay to F previously issued by FEMA): $700. actual cost data for Fiscal Year 2007 and initiate their request under Categories 1, Fiscal Year 2008, FEMA maintained the 2, and 3 above. This fee covers the Fee Schedule for Requests for following review and processing fees preliminary costs of research and Conditional Map Revisions from the October 1, 2007, fee schedule, retrieval. If the data requested is Based on a review of actual cost data which are to be submitted with all available and the request is not for Fiscal Year 2007 and Fiscal Year requests. cancelled, the final fee due is calculated 2008, FEMA established the following All entities except the following will as a sum of standard per-product charge review and processing fees, which are to be charged for requests for FIS technical plus a per-case surcharge of $93, be submitted with all requests that are and administrative support data: designed to recover the cost of library not otherwise exempted under 44 CFR • Private architectural-engineering maintenance and archiving. The total 72.5: firms under contract to FEMA to costs of processing requests in Request based on new hydrology, perform or evaluate studies and Categories 1, 2, and 3 will vary based on bridge, culvert, channel, or combination restudies; the complexity of the research involved thereof: $4,400. • Federal agencies involved in in retrieving the data and the volume Request based on levee, berm, or other performing studies and restudies for and medium of data to be reproduced structural measure: $6,050. FEMA (e.g., U.S. Army Corps of and distributed. The initial fee will be Engineers, U.S. Geological Survey, applied against the total costs to process Fee Schedule for Requests for Map Natural Resources Conservation Service, the request, and FEMA will invoice the Revisions and Tennessee Valley Authority); requester for the balance plus the per- Based on a review of actual cost data • Communities that have supplied case surcharge before the data is for Fiscal Year 2007 and Fiscal Year the Digital Line Graph base to FEMA provided. No data will be provided to a 2008, FEMA established the following and request the Digital Line Graph data requester until all required fees have review and processing fees, which are to (Category 6 below); been paid. be submitted with all requests that are • Communities that request data No initial fee is required to initiate a not otherwise exempted under 44 CFR during the statutory 90-day appeal request for data under Categories 4 72.5. Requesters must submit the review period for an initial or revised FIS for through 7. Requesters will be notified by and processing fees shown below with that community; telephone about the availability of the requests for LOMRs dated January 13, • Mapped participating communities data and the fees associated with the 2010, or later that are not based on that request data at any time other than requested data. structural measures on alluvial fans. during the statutory 90-day appeal As with requests for data under Request based on bridge, culvert, period, provided the data is requested Categories 1, 2, and 3, no data will be channel, hydrology, or combination for use by the community and not a provided to requesters until all required thereof: $5,300. third-party user; and fees are paid. A flat user fee for each of

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these categories of requests, shown photos, on CD/DVD–ROM and • FEMA’s Guidelines and below, will continue to be required. downloadable from the Web; Specifications for Flood Hazard Request Under Category 4 (First • Digital Q3 Flood Data files, which Mapping Partners on CD–ROM; and Letter): $40. FEMA developed by scanning the • Request Under Category 4 (Each MHIP—Multi-year Hazard published FIRM and vectorizing a Implementation Plan on CD–ROM. additional letter): $10. thematic overlay of flood risks; Request Under Category 5 (First • Digital Q3 Flood Data files for For more information on the map and panel): $35. Coastal Barrier Resource Areas (CBRA insurance products available from the Request Under Category 5 (Each Q3 Flood Data files); MSC, interested parties are invited to additional panel): $2. • Flood Map Status Information visit the MSC Web site at http:// Request Under Category 6 (per msc.fema.gov. county/digital LOMR attachment Service (FMSIS), through which FEMA shapefiles): $150. provides status information for effective Based on a review of actual cost data Request Under Category 7 (per copy): NFIP maps; and future trends, FEMA has revised the $25. • Letter of Map Change (LOMC) fee schedule for the map and insurance Subscription Service, through which products that are available from the Fee Schedule for Requests for Map and FEMA makes certain types of LOMCs MSC. For digital copies of Flood Hazard Insurance Products available biweekly on CD–ROM; Boundary Maps (FHBMs), FIRMs, The MSC distributes a variety of NFIP • Paper (printed) and CD copies of DFIRMs DBs (with and without map and insurance products to a broad NFIP Insurance Manual (Full Manual), orthographic photos), FBFMs, and FISs range of customers, including Federal, which provides vital NFIP information on CD/DVD–ROM, FEMA has State, and local government officials; for insurance agents nationwide; maintained the processing fee and real estate professionals; insurance • Paper (printed) copies of NFIP shipping cost; for digital copies of providers; appraisers; builders; land Insurance Manual (Producer’s Edition), conversion letters, FHBMs, FIRMs, developers; design engineers; surveyors; which is used for reference and training DFIRM DBs (with and without lenders; homeowners; and other private purposes; orthographic photos), FBFMs, and FISs citizens. The MSC distributes the • Community Map Action List downloadable from the web, FEMA has following products: (CMAL), which is a semimonthly list of maintained the processing fee; for • Digital copies of Conversion Letters, communities and their NFIP status FMSIS, LOMC Subscription Service, downloadable from the web; • codes; FEMA’s Guidelines and Specifications Digital copies of Flood maps, • available on CD/DVD–ROM and FIRMette, a user-defined ‘‘cut-out’’ for Flood Hazard Mapping Partners, downloadable from the web; which can section of a flood map at 100 percent MHIP, MapViewer—Desktop, FEMA has be purchased by panel or in community, map scale designed for printing on a maintained the shipping cost; and for county, or State kits; standard office printer; Q3 Flood Data Files and CBRA Flood • Digital copies of FISs and FBFMs • FIRMette—Desktop (formerly F– Data Files, FEMA has increased the (where applicable), including the MIT Basic Version 1.0), which is a view shipping cost. Federal, State, and local narrative report, tables, Flood Profiles, tool for map images, on CD–ROM and governments continue to be exempt and other graphics, on CD/DVD–ROM downloadable from the web; from paying fees for the map products. and downloadable from the web; • MapViewer—Desktop (formerly The revised fee schedule for the current • Digital FIRM (DFIRM) Database DFIRM CD Viewer), which is a view tool and new products is shown in the table (DB), with and without orthographic for map images, on CD–ROM; below.

Product Current fee Shipping

Internet Products FIRMettes ...... Free ...... N/A. Letters ...... $2.50 per letter ...... N/A. Downloadable Maps ...... $2.50 per panel ...... N/A. Downloadable Floodways ...... $2.50 per panel ...... N/A. Downloadable Studies ...... $5.00 per study ...... N/A. DFIRM Database (DB) ...... $10.00 per DB ...... N/A. CD–ROM CD Maps ...... $4.00 per panel ...... $1.75 for first 2 CDs and $0.25 for each addi- tional CD. CD Floodways ...... $4.00 per panel ...... $1.75 for first 2 CDs and $0.25 for each addi- tional CD. CD Studies ...... $6.00 per study ...... $1.75 for first 2 CDs and $0.25 for each addi- tional CD. DFIRM DB ...... $10.00 per database ...... $1.75 for first 2 CDs and $0.25 for each addi- tional CD. DFIRM w/Orthos ...... $10.00 per database ...... $1.75 for first 2 CDs and $0.25 for each addi- tional CD. Q3 on CD ...... $50.00 per CD–Rom ...... $2.00 for first CD and $1.00 for each addi- tional CD. CBRA Q3 on CD ...... $50.00 per CD–Rom or $200 for all 5 Q3 CDs $2.00 for first CD and $1.00 for each addi- tional CD. FMSIS (Individual Orders) ...... $13.00 per State or $38.00 for entire USA ...... $1.75 for first 2 CDs and $0.25 for each addi- tional CD. FMSIS (Annual Subscription) ...... $148.00 per State or $419.00 or entire USA ... N/A. LOMC Subscription Service (Individual Orders) $85.00 per issue ...... $1.75 for first 2 CDs and $0.25 for each addi- tional CD.

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Product Current fee Shipping

LOMC Subscription Service (Annual Subscrip- $2,000 per year ...... N/A. tions). FEMA’s Guidelines and Specifications for Flood $2.60 ...... $1.75 for first 2 CDs and $0.25 for each addi- Hazard Mapping Partners on CD. tional CD. MHIP—Multi-Hazard Implementation Plan ...... $2.60 ...... $1.75 for first 2 CDs and $0.25 for each addi- tional CD. View Tool ...... N/A. FIRMette—Desktop on Web ...... Free ...... N/A. FIRMette—Desktop on CD ...... Free ...... N/A. MapViewer—Desktop ...... $30.00 per Viewer ...... $1.75 for first 2 CDs and $0.25 for each addi- tional CD. Manuals NFIP Insurance Manual (Full Manual) ...... $25.00 per subscription for two years ...... N/A. NFIP Insurance Manual (Producer’s Edition) .... $15.00 per subscription for two years ...... N/A. NFIP Insurance Manual (Full Manual) on CD ... $25.00 per subscription for two years ...... N/A. Other Community Map Action List (CMAL) ...... Free ...... N/A.

Payment Submission Requirements review, as required by the Paperwork burden of the collection of information Fee payments for non-exempt Reduction Act. The Department is on those who are to respond; including requests must be made in advance of soliciting public comments on the the use of appropriate automated services being rendered. These subject proposal. collection techniques or other forms of payments shall be made in the form of DATES: Comments Due Date: February information technology, e.g., permitting a check, money order, or by credit card 12, 2010. electronic submission of responses. This Notice also lists the following payment. Checks and money orders ADDRESSES: Interested persons are information: must be made payable, in U.S. funds, to invited to submit comments regarding Title of Proposal: Assisted Living the this proposal. Comments should refer to the proposal by name and/or OMB Conversion Program (ALCP) and National Flood Insurance Program Control Number and should be sent to: Emergency Capital Repair Program FEMA will deposit all fees collected Lillian Deitzer, Departmental Reports (ECRP). OMB Control Number, if applicable: to the National Flood Insurance Fund, Management Officer, QDAM, Department of Housing and Urban 2502–0542. which is the source of funding for Description of the need for the Development, 451 7th Street, SW., providing these services. information and proposed use: The Washington, DC 20410; e-mail Authority: 42 U.S.C. 4001 et seq.; Assisted Living Conversion Program [email protected] or Reorganization Plan No. 3 of 1978, 43 FR and the Emergency Capital Repair telephone (202) 402–8048. 41943, 3 CFR, 1978 Comp., p. 329; E.O. Program application submission 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. FOR FURTHER INFORMATION CONTACT: requirements are necessary to assist 376; 44 CFR 72.3. Willie Spearmon, Director, Office of HUD in determining an applicant’s Dated: December 3, 2009. Housing Assistance and Grant eligibility and the capacity to carry out Deborah S. Ingram, Administration, Department of Housing a successful conversion of a project or Acting Deputy Assistant Administrator, and Urban Development, 451 7th Street, make the necessary emergency repairs. Federal Emergency Management Agency, SW., Washington, DC 20410, telephone A careful evaluation of the application Department of Homeland Security. (202) 708–3000, Ext. 2632, (this is not a is conducted to ensure that the Federal [FR Doc. E9–29640 Filed 12–11–09; 8:45 am] toll free number) for copies of the Government’s interest is protected and proposed forms and other available BILLING CODE 9110–12–P to mitigate any possibilities of fraud, information. waste, or misuse of public funds. The SUPPLEMENTARY INFORMATION: The purpose of collecting the application DEPARTMENT OF HOUSING AND Department is submitting the proposed submission information is for the URBAN DEVELOPMENT information collection to OMB for Department to assess the applicant’s review, as required by the Paperwork worthiness, whether the projects meet [Docket No. FR–5285–N–39] Reduction Act of 1995 (44 U.S.C. statutory and regulatory requirements, Notice of Proposed Information Chapter 35, as amended). or make sound judgments regarding the Collection: Comment Request; This Notice is soliciting comments potential risk to the Government. Assisted Living Conversion Program from members of the public and affected Agency form numbers, if applicable: (ALCP) for Eligible Multifamily Housing agencies concerning the proposed SF–424, SF–434–Supplemental, HUD– Projects and Emergency Capital Repair collection of information to: (1) Evaluate 424–CB, HUD CBW, SF–LLL, HUD– Program (ECRP) whether the proposed collection is 2880, HUD–2990, HUD–2991, HUD– necessary for the proper performance of 2530, HUD–96010, HUD–96011, HUD– AGENCY: Office of the Assistant the functions of the agency, including 50080–ALCP, SF–269, HUD–50080– Secretary for Housing, HUD. whether the information will have ECRP, HUD–92045, HUD–92046, and ACTION: Notice. practical utility; (2) Evaluate the HUD–92047. accuracy of the agency’s estimate of the Estimation of the total numbers of SUMMARY: The proposed information burden of the proposed collection of hours needed to prepare the information collection requirement described below information; (3) Enhance the quality, collection including number of will be submitted to the Office of utility, and clarity of the information to respondents, frequency of response, and Management and Budget (OMB) for be collected; and (4) Minimize the hours of response: The number of

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burden hours is 2,519. The number of Reduction Act of 1995 (44 U.S.C. DEPARTMENT OF HOUSING AND respondents is 85, the number of Chapter 35, as amended). URBAN DEVELOPMENT responses is 809, and the frequency of This Notice is soliciting comments [Docket No. FR–5285–N–41] response is on yearly basis for the ALCP from members of the public and affected and for the ECRP is on as-submitted agencies concerning the proposed Notice of Proposed Information basis until exhaustion of funds. collection of information to: (1) Evaluate Collection: Comment Request; Status of the proposed information whether the proposed collection is Eligibility of a Nonprofit Corporation/ collection: Extension of a currently Housing Consultant Certification approved collection. necessary for the proper performance of the functions of the agency, including AGENCY: Office of the Assistant Authority: The Paperwork Reduction Act whether the information will have of 1995, 44 U.S.C., Chapter 35, as amended. Secretary for Housing, HUD. practical utility; (2) Evaluate the ACTION: Notice. Dated: December 4, 2009. accuracy of the agency’s estimate of the Ronald Y. Spraker, burden of the proposed collection of SUMMARY: The proposed information Acting General Deputy Assistant Secretary information; (3) Enhance the quality, collection requirement described below for Housing—Federal Housing Commissioner. utility, and clarity of the information to will be submitted to the Office of [FR Doc. E9–29704 Filed 12–11–09; 8:45 am] be collected; and (4) Minimize the Management and Budget (OMB) for BILLING CODE 4210–67–P burden of the collection of information review, as required by the Paperwork on those who are to respond; including Reduction Act. The Department is the use of appropriate automated soliciting public comments on the DEPARTMENT OF HOUSING AND collection techniques or other forms of subject proposal. URBAN DEVELOPMENT information technology, e.g., permitting DATES: Comments Due Date: February [Docket No. FR–5285–N–40] electronic submission of responses. 12, 2010. ADDRESSES: Interested persons are This Notice also lists the following Notice of Proposed Information invited to submit comments regarding information: Collection: Comment Request; Rent this proposal. Comments should refer to Schedule—Low Rent Housing Title of Proposal: Rent Schedule— the proposal by name and/or OMB Low Rent Housing. Control Number and should be sent to: AGENCY: Office of the Assistant Secretary for Housing, HUD. OMB Control Number, if applicable: Lillian Deitzer, Departmental Reports 2502–0012. Management Officer, QDAM, ACTION: Notice. Department of Housing and Urban Description of the need for the Development, 451 7th Street, SW., SUMMARY: The proposed information information and proposed use: This collection requirement described below Washington, DC 20410; e-mail information is necessary for HUD to _ _ will be submitted to the Office of Lillian L. [email protected] or ensure that tenant rents are approved in telephone (202)402–8048. Management and Budget (OMB) for accordance with HUD administrative FOR FURTHER INFORMATION CONTACT: review, as required by the Paperwork procedures. Reduction Act. The Department is Joyce Allen, Director, Office of soliciting public comments on the Agency form numbers, if applicable: Multifamily Housing Development, subject proposal. Form HUD–92458. Department of Housing and Urban DATES: Comments Due Date: February Estimation of the total number of Development, 451 7th Street, SW., 12, 2010. hours needed to prepare the information Washington, DC 20410, telephone (202) 708–1142 (this is not a toll free number) ADDRESSES: Interested persons are collection including number of for copies of the proposed forms and invited to submit comments regarding respondents, frequency of response, and other available information. this proposal. Comments should refer to hours of response: The number of the proposal by name and/or OMB burden hours is 30,747. The number of SUPPLEMENTARY INFORMATION: The Control Number and should be sent to: respondents is 5,669, the number of Department is submitting the proposed Lillian Deitzer, Departmental Reports responses is 5,669, the frequency of information collection to OMB for review, as required by the Paperwork Management Officer, QDAM, response is annually, and the burden Reduction Act of 1995 (44 U.S.C. Department of Housing and Urban hour per response is 5.33. Chapter 35, as amended). Development, 451 7th Street, SW., Status of the proposed information Washington, DC 20410; e-mail This Notice is soliciting comments collection: This is an extension of a [email protected] or from members of the public and affected currently approved collection. telephone (202) 402–8048. agencies concerning the proposed collection of information to: (1) Evaluate FOR FURTHER INFORMATION CONTACT: Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. whether the proposed collection is Harry Messner, Office of Asset necessary for the proper performance of Management, Policy and Participation Dated: December 4, 2009. the functions of the agency, including Standards Division, Department of Ronald Y. Spraker, whether the information will have Housing and Urban Development, 451 Acting General Deputy Assistant Secretary practical utility; (2) Evaluate the 7th Street, SW., Washington, DC 20410, for Housing—Federal Housing Commissioner. accuracy of the agency’s estimate of the telephone (202) 708–2121 (this is not a [FR Doc. E9–29705 Filed 12–11–09; 8:45 am] burden of the proposed collection of toll free number) for copies of the BILLING CODE 4210–67–P information; (3) Enhance the quality, proposed forms and other available utility, and clarity of the information to information. be collected; and (4) Minimize the SUPPLEMENTARY INFORMATION: The burden of the collection of information Department is submitting the proposed on those who are to respond; including information collection to OMB for the use of appropriate automated review, as required by the Paperwork collection techniques or other forms of

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information technology, e.g., permitting Reduction Act. The Department is collection allows HUD to evaluate and electronic submission of responses. soliciting public comments on the select the most qualified applicant(s). This Notice also lists the following subject proposal. Post-award collection, such as quarterly information: DATES: Comments Due Date: February reports, will allow HUD to evaluate Title of Proposal: Eligibility of a 12, 2010. grantee performance. Nonprofit Corporation/Housing ADDRESSES: Interested persons are Agency form numbers, if applicable: Consultant Certification. invited to submit comments regarding SF 424, SF 424 Supp, HUD 424CB, SF OMB Control Number, if applicable: this proposal. Comments should refer to LLL, HUD 2880, HUD 96010, HUD 2994. 2502–0057. the proposal by name and/or OMB Estimation of the total numbers of Description of the need for the Control Number and should be sent to: hours needed to prepare the information information and proposed use: The Lillian Deitzer, Departmental Reports collection including number of information collected on the ‘‘Eligibility Management Officer, QDAM, respondents, frequency of response, and of a Nonprofit Corporation/Housing Department of Housing and Urban hours of response: The number of Consultant Certification’’ form provides Development, 451 7th Street, SW., burden hours is 409.68. The number of HUD with information to determine Washington, DC 20410; e-mail respondents is 15, the number of whether the sponsor has qualifications [email protected] or responses is 51, the frequency of necessary for successful sponsorship of telephone (202) 402–8048. response is on occasion, and the burden hour per response is 11.67. housing projects. HUD Program Offices FOR FURTHER INFORMATION CONTACT: Status of the proposed information use the data to evaluate a potential Ruth Roma´n, Director, Program Support collection: This is an extension of a sponsor’s/mortgagor’s qualifications at Division, Office of Single Family currently approved collection. the pre-application stage to determine Program Development, Department of that all the documentation required by Housing and Urban Development, 451 Authority: The Paperwork Reduction Act Chapter 8 of the MAP and Chapter 14 7th Street, SW., Washington, DC 20410, of 1995, 44 U.S.C., Chapter 35, as amended. of Handbook 4470.1 telephone (202) 708–2112 (this is not a Dated: December 4, 2009. Agency form numbers, if applicable: toll free number) for copies of the Ronald Y. Spraker, HUD–3433, HUD–3434, HUD–3435, and proposed forms and other available Acting General Deputy Assistant Secretary HUD–92531. information. for Housing—Federal Housing Commissioner. Estimation of the total numbers of SUPPLEMENTARY INFORMATION: The [FR Doc. E9–29707 Filed 12–11–09; 8:45 am] hours needed to prepare the information Department is submitting the proposed BILLING CODE 4210–67–P collection including number of information collection to OMB for respondents, frequency of response, and review, as required by the Paperwork hours of response: The number of Reduction Act of 1995 (44 U.S.C. DEPARTMENT OF THE INTERIOR burden hours is 128. The number of Chapter 35, as amended). respondents is 260; the number of This Notice is soliciting comments Agency Information Collection responses is 290. The frequency of from members of the public and affected Activities: USGS Earthquake Hazards response is on occasion; and the hourly agencies concerning the proposed Program (EHP) Annual Assistance burden is 1hour and 45 mins. collection of information to: (1) Evaluate Announcement Status of the proposed information whether the proposed collection is collection: This is an extension of a AGENCY: U.S. Geological Survey (USGS). necessary for the proper performance of currently approved collection. SUMMARY: To comply with the the functions of the agency, including Paperwork Reduction Act of 1995 Authority: The Paperwork Reduction Act whether the information will have of 1995, 44 U.S.C., Chapter 35, as amended. (PRA), we (the U.S. Geological Survey) practical utility; (2) Evaluate the are notifying the public that we have Dated: December 4, 2009. accuracy of the agency’s estimate of the submitted to the Office of Management Ronald Y. Spraker, burden of the proposed collection of and Budget (OMB) Notice of an Acting General Deputy Assistant Secretary information; (3) Enhance the quality, extension of an information collection for Housing—Deputy Federal Housing utility, and clarity of the information to (1028–0051). This notice provides the Commissioner. be collected; and (4) Minimize the public an opportunity to comment on [FR Doc. E9–29706 Filed 12–11–09; 8:45 am] burden of the collection of information the paperwork burden of this project. BILLING CODE 4210–67–P on those who are to respond; including The Information Collection Request the use of appropriate automated (ICR), which is summarized below, collection techniques or other forms of describes the nature and the estimated DEPARTMENT OF HOUSING AND information technology, e.g., permitting burden of the collection. We URBAN DEVELOPMENT electronic submission of responses. acknowledge that we may not conduct This Notice also lists the following [Docket No. FR–5285–N–42] or sponsor and a person is not required information: Title of Proposal: Housing Counseling to respond to a collection of information Notice of Proposed Information unless it displays a currently valid OMB Collection: Comment Request; Training Program. OMB Control Number, if applicable: control number. Housing Counseling Training Program 2502–0567. DATE: You must submit comments on or AGENCY: Office of the Assistant Description of the need for the before January 13, 2010. Secretary for Housing, HUD. information and proposed use: The ADDRESSES: Please submit written ACTION: Notice. Housing Counseling Training NOFA, comments on this information which requests narrative responses, collection directly to the Office of SUMMARY: The proposed information forms, and supporting documentation, Management and Budget (OMB) Office collection requirement described below is used by the Department’s Office of of Information and Regulatory Affairs, will be submitted to the Office of Single Family Housing, Program Attention: Desk Officer for the Management and Budget (OMB) for Support Division, to rank applications Department of the Interior via e-mail to review, as required by the Paperwork submitted through Grants.gov. The [email protected] or fax at

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202–395–5806; and identify your Estimated Annual Burden Hours: Dated: December 7, 2009. submission with Information Collection 12,330 (11,250 hours per application David Applegate, Number 1028–0051. Please also provide and 1,080 hours per annual and/or final Senior Science Advisor for Earthquake and a copy of your comments to Phadrea report). Geologic Hazards. Ponds, Information Collections, U.S. Estimated Annual Reporting and [FR Doc. E9–29642 Filed 12–11–09; 8:45 am] Geological Survey, 2150–C Center Recordkeeping ‘‘Hour’’ Burden: 12,330 BILLING CODE 4311–AM–P Avenue, Fort Collins, CO 80525 (mail); hours. We estimate the public reporting (970) 226–9230 (fax); or FAX: burden will average 45 hours per [email protected] (e-mail). Use DEPARTMENT OF THE INTERIOR Information Collection Number 1028– application response. This includes 0051 in the subject line. time to develop project goals, write the Bureau of Land Management statement of work, perform internal FOR FURTHER INFORMATION CONTACT: proposal reviews, and submit the [F–14926–A, F–14926–A2; LLAK–965000– Elizabeth Lemersal, Earthquake Hazards L14100000–KC0000–P] Program by telephone at (703) 648– proposal through grants.gov. We 6716. estimate the public reporting burden Alaska Native Claims Selection will average 9 hours per final or annual I. Supplementary Information report response. This includes AGENCY: Bureau of Land Management, Abstract summarizing accomplishments for the Interior. past year’s funded efforts. ACTION: Notice of decision approving Research and monitoring findings are lands for conveyance. essential to fulfilling USGS’s Estimated Reporting and responsibility under the Earthquake Recordkeeping ‘‘Non-Hour Cost’’ SUMMARY: As required by 43 CFR Hazards Reduction Act to develop Burden: There are no ‘‘non-hour cost’’ 2650.7(d), notice is hereby given that an earthquake hazard assessments and burdens associated with this collection appealable decision approving the recording and reporting earthquake of information. surface estate in certain lands for activity nationwide. Residents, conveyance pursuant to the Alaska III. Request for Comments emergency responders, and engineers Native Claims Settlement Act will be rely on the USGS for this accurate and On September 22, 2009, we published issued to The Kuskokwim Corporation, scientifically sound information. a Federal Register notice (74 FR 48281) Successor in Interest to Chuathbaluk Respondents to Program soliciting comments announcing that we Company. The lands are in the vicinity Announcements submit proposals to would submit this information to OMB of Chuathbaluk, Alaska, and are located support research and monitoring related for approval. We solicited comments for in: to earthquake hazard assessments, a period of 60 days, ending on earthquake causes and effects, and Seward Meridian, Alaska November 23, 2009. We did not receive earthquake monitoring. This T. 17 N., R. 53 W., any comments concerning that notice. information is used as the basis for Secs. 4, 18, 19, and 20. selection and award of projects meeting We again invite comments concerning Containing approximately 2,158 acres. the USGS’s Earthquake Hazards this ICR on: (1) Whether the proposed T. 18 N., R. 53 W., Program objectives. Final reports of collection of information is necessary Secs. 29 and 32. research and monitoring findings are for the agency to perform its duties, Containing 1,280 acres. required for each funded proposal; including whether or not the T. 17 N., R. 54 W., annual progress reports are required for information will have practical utility; Secs. 1 and 13. awards of a two- to five-year duration. (2) the accuracy of the agency’s estimate Containing approximately 1,086 acres. Final reports are made available to the of the burden of the proposed collection T. 18 N., R. 54 W., public at the Web site http:// of information; (3) ways to enhance the Sec. 36. earthquake.usgs.gov/research/external/. quality, usefulness, and clarity of the Containing 640 acres. II. Data information to be collected; and (4) T. 18 N., R. 55 W., ways to minimize the burden on the Secs. 3 and 10. OMB Control Number: 1028–0051. respondents, including the use of Title: Earthquake Hazards Program Containing 1,280 acres. automated collection techniques or Research and Monitoring. T. 19 N., R. 55 W., Type of Request: Extension of a other forms of information technology. Sec. 36. currently approved collection. Comments that you submit in Containing 640 acres. Affected Public: Research scientists, response to this notice are a matter of T. 18 N., R. 56 W., engineers, and the general public. public record. Before including your Secs. 1, 12, 13, 14, and 23. Respondent Obligation: Required; address, phone number, e-mail address, Containing approximately 3,122 acres. necessary to receive benefits. or other personal identifying T. 19 N., R. 56 W., Frequency of Collection: Annually information in your comment, you Secs. 13, 24, 25, and 36. and once every three to five years. should be aware that your entire Containing approximately 2,515 acres. Estimated Annual Number of and comment, including your personal Aggregating approximately 12,721 acres. Description of Respondents: 250 identifying information, may be made The subsurface estate in these lands will be Educational institutions, and profit and publicly available at any time. While conveyed to Calista Corporation when the non-profit organizations. you can ask OMB in your comment to surface estate is conveyed to The Kuskokwim Estimated Annual Number of Corporation. Notice of the decision will also withhold your personal identifying Responses: 370 (250 applications and be published four times in the Tundra information from public review, we narratives and 120 annual and/or final Drums. cannot guarantee that it will be done. reports). DATES: The time limits for filing an Estimated Completion Time: 45 hours USGS Information Collection appeal are: per application response and 9 hours Clearance Officer: Phadrea Ponds 970– 1. Any party claiming a property per final report. 226–9445. interest which is adversely affected by

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the decision shall have until January 13, Secs. 4 to 9, inclusive; SUMMARY: As required by 43 CFR 2010 to file an appeal. Secs. 17 and 18. 2650.7(d), notice is hereby given that an 2. Parties receiving service of the Containing approximately 4,956 acres. appealable decision approving the decision by certified mail shall have 30 T. 9 S., R. 61 W., surface and subsurface estates in certain days from the date of receipt to file an Secs. 1, 2, 11, and 12. lands for conveyance pursuant to the appeal. Containing approximately 2,560 acres. Alaska Native Claims Settlement Act Parties who do not file an appeal in T. 11 S., R. 61 W., will be issued to Doyon, Limited. The accordance with the requirements of 43 Secs. 23 to 26, inclusive; lands are in the vicinity of Nikolai, CFR Part 4, Subpart E, shall be deemed Secs. 35 and 36. Alaska, and are located in: to have waived their rights. Containing approximately 3,795 acres. ADDRESSES: A copy of the decision may Aggregating approximately 18,880 acres. Kateel River Meridian, Alaska be obtained from: Bureau of Land The subsurface estate in these lands T. 23 S., R. 22 E., Management, Alaska State Office, 222 will be conveyed to Arctic Slope Secs. 1 to 36, inclusive. West Seventh Avenue, #13, Anchorage, Regional Corporation when the surface Containing approximately 22,937 acres. Alaska 99513–7504. estate is conveyed to Tikigaq T. 23 S., R. 23 E., FOR FURTHER INFORMATION CONTACT: The Corporation. Notice of the decision will Secs. 1 to 36, inclusive. Bureau of Land Management by phone also be published four times in the Containing approximately 22,937 acres. at 907–271–5960, or by e-mail at Arctic Sounder. [email protected]. Persons DATES: The time limits for filing an T. 24 S., R. 23 E., who use a telecommunication device appeal are: Secs. 1 to 36, inclusive. (TTD) may call the Federal Information 1. Any party claiming a property Containing approximately 23,004 acres. Relay Service (FIRS) at 1–800–877– interest which is adversely affected by T. 23 S., R. 24 E., 8339, 24 hours a day, seven days a the decision shall have until January 13, Secs. 1 to 36, inclusive. week, to contact the Bureau of Land 2010 to file an appeal. Containing approximately 22,937 acres. Management. 2. Parties receiving service of the decision by certified mail shall have 30 T. 24 S., R. 24 E., Charles Lovely, days from the date of receipt to file an Secs. 1 to 36, inclusive. Land Transfer Resolution Specialist, Land appeal. Containing approximately 23,004 acres. Transfer Adjudication II Branch. Parties who do not file an appeal in T. 23 S., R. 25 E., [FR Doc. E9–29686 Filed 12–11–09; 8:45 am] accordance with the requirements of 43 Secs. 4 to 9, inclusive; BILLING CODE 4310–JA–P CFR Part 4, Subpart E, shall be deemed Secs. 16 to 21, inclusive; to have waived their rights. Secs. 28 to 33, inclusive. ADDRESSES: A copy of the decision may Containing approximately 11,417 acres. DEPARTMENT OF THE INTERIOR be obtained from: Bureau of Land Aggregating approximately 126,236 acres. Management, Alaska State Office, 222 Bureau of Land Management West Seventh Avenue, #13, Anchorage, Notice of the decision will also be [F–14921–A, F–14921–B; LLAK–964000– Alaska 99513–7504. published four times in the Fairbanks L14100000–KC0000–P] FOR FURTHER INFORMATION CONTACT: The Daily News-Miner. Bureau of Land Management by phone Alaska Native Claims Selection DATES: The time limits for filing an at 907–271–5960, or by e-mail at appeal are: AGENCY: Bureau of Land Management, [email protected]. Persons 1. Any party claiming a property Interior. who use a telecommunication device (TTD) may call the Federal Information interest which is adversely affected by ACTION: Notice of decision approving the decision shall have until January 13, lands for conveyance. Relay Service (FIRS) at 1–800–877– 8339, 24 hours a day, seven days a 2010 to file an appeal. SUMMARY: As required by 43 CFR week, to contact the Bureau of Land 2. Parties receiving service of the 2650.7(d), notice is hereby given that an Management. decision by certified mail shall have 30 appealable decision approving the Hillary Woods, days from the date of receipt to file an surface estate in certain lands for appeal. conveyance pursuant to the Alaska Land Law Examiner, Land Transfer Adjudication I Branch. Native Claims Settlement Act will be Parties who do not file an appeal in issued to Tikigaq Corporation. The [FR Doc. E9–29693 Filed 12–11–09; 8:45 am] accordance with the requirements of 43 lands are in the vicinity of Point Hope, BILLING CODE 4310–JA–P CFR Part 4, Subpart E, shall be deemed Alaska, and are located in: to have waived their rights. Kateel River Meridian, Alaska DEPARTMENT OF THE INTERIOR ADDRESSES: A copy of the decision may T. 33 N., R. 31 W., be obtained from: Bureau of Land Secs. 31 to 36, inclusive. Bureau of Land Management Management, Alaska State Office, 222 Containing approximately 3,839 acres. [AA–8103–10, AA–8103–61, AA–8103–62, West Seventh Avenue, #13, Anchorage, T. 32 N., R. 32 W., AA–8103–68, AA–8103–69, AA–8103–94, Alaska 99513–7504. Sec. 1. AA–8103–96; LLAK–964000–L14100000– KC0000–P] FOR FURTHER INFORMATION CONTACT: The Containing 640 acres. Bureau of Land Management by phone Umiat Meridian, Alaska Alaska Native Claims Selection at 907–271–5960, or by e-mail at [email protected]. Persons T. 12 S., R. 58 W., AGENCY: Bureau of Land Management, Secs. 1 to 4, inclusive; who use a telecommunication device Interior. Sec. 10. (TTD) may call the Federal Information ACTION: Notice of decision approving Containing approximately 3,090 acres. Relay Service (FIRS) at 1–800–877– lands for conveyance. T. 9 S., R. 60 W., 8339, 24 hours a day, seven days a

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week, to contact the Bureau of Land ADDRESSES: A copy of the decision may at 907–271–5960, or by e-mail at Management. be obtained from: Bureau of Land [email protected]. Persons Management, Alaska State Office, 222 who use a telecommunication device Hillary Woods, West Seventh Avenue, #13, Anchorage, (TTD) may call the Federal Information Land Law Examiner, Land Transfer Alaska 99513–7504. Relay Service (FIRS) at 1–800–877– Adjudication I Branch. FOR FURTHER INFORMATION CONTACT: The 8339, 24 hours a day, seven days a [FR Doc. E9–29690 Filed 12–11–09; 8:45 am] Bureau of Land Management by phone week, to contact the Bureau of Land BILLING CODE 4310–JA–P at 907–271–5960, or by e-mail at Management. [email protected]. Persons Dina L. Torres, who use a telecommunication device DEPARTMENT OF THE INTERIOR Land Transfer Resolution Specialist, (TTD) may call the Federal Information Resolution Branch. Relay Service (FIRS) at 1–800–877– Bureau of Land Management [FR Doc. E9–29692 Filed 12–11–09; 8:45 am] 8339, 24 hours a day, seven days a [AA–6695–D, AA–6695–B2; LLAK–964000– week, to contact the Bureau of Land BILLING CODE 4310–JA–P L14100000–KC0000–P] Management. Alaska Native Claims Selection Hillary Woods, DEPARTMENT OF THE INTERIOR Land Law Examiner, Land Transfer AGENCY: Bureau of Land Management, Bureau of Land Management Interior. Adjudication I Branch. [FR Doc. E9–29691 Filed 12–11–09; 8:45 am] ACTION: Notice of decision approving [LLNVSO0530.L51010000.ER0000. lands for conveyance. BILLING CODE 4310–JA–P LVRWF09F8630; NVN–084465; 09–08807; TAS:14X5017] SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an DEPARTMENT OF THE INTERIOR Notice of Intent To Prepare an appealable decision approving the Environmental Impact Statement for surface estate in certain lands for Bureau of Land Management the Proposed Pacific Solar conveyance pursuant to the Alaska [F–22568, F–22569; LLAK–962000– Investments Inc., Amargosa North Native Claims Settlement Act will be L14100000–HY0000–P] Solar Project, Nye County, NV issued to Port Graham Corporation, for AGENCY: Alaska Native Claims Selection Bureau of Land Management, the Native village of Port Graham. The Interior. lands are in the vicinity of Port Graham, AGENCY: Bureau of Land Management, ACTION: Notice of intent. Alaska, and are located in: Interior. ACTION: SUMMARY: In compliance with the Seward Meridian, Alaska Notice of decision approving lands for conveyance. National Environmental Policy Act T. 7 S., R. 5 W., (NEPA) of 1969, as amended, the Bureau Secs. 7, 8, and 18. SUMMARY: As required by 43 CFR of Land Management (BLM) Pahrump, Containing approximately 1,090 acres. 2650.7(d), notice is hereby given that an Nevada Field Office intends to prepare T. 7 S., R. 6 W., appealable decision approving the an Environmental Impact Statement Secs. 12, 13, 25, and 36. conveyance of surface and subsurface (EIS) for a right-of-way (ROW) Containing approximately 1,941 acres. estates for certain lands pursuant to the application submitted by Pacific Solar T. 7 S., R. 7 W., Alaska Native Claims Settlement Act Investments, Inc. for a solar energy Sec. 19. will be issued to Doyon, Limited for generation project. By this notice, the Containing approximately 248 acres. 24.05 acres located north of the Native BLM is announcing the beginning of the T. 7 S., R. 8 W., village of Beaver, Alaska. Notice of the scoping process to solicit public input Secs. 25 and 36. decision will also be published four on the identification of issues. Containing approximately 420 acres. times in the Fairbanks Daily News- DATES: Comments on this Notice of Aggregating approximately 3,700 acres. Miner. Intent may be submitted in writing until The subsurface estate in these lands DATES: The time limits for filing an February 12, 2010. The date(s) and will be conveyed to Chugach Alaska appeal are: location(s) of any scoping meetings will Corporation when the surface estate is 1. Any party claiming a property be announced at least 15 days in conveyed to Port Graham Corporation. interest which is adversely affected by advance through local media, Notice of the decision will also be the decision shall have until January 13, newspapers, and the BLM Web site at: published four times in the Anchorage 2010 to file an appeal. http://www.blm.gov/nv/st/en/fo/ Daily News. 2. Parties receiving service of the lvfo.html. In order to be considered by DATES: The time limits for filing an decision by certified mail shall have 30 the BLM, comments must be received appeal are: days from the date of receipt to file an prior to the close of the scoping period 1. Any party claiming a property appeal. or 15 days after the last public meeting, interest which is adversely affected by Parties who do not file an appeal in whichever is later. The BLM will the decision shall have until January 13, accordance with the requirements of 43 provide additional opportunities for 2010 to file an appeal. CFR part 4, subpart E, shall be deemed public participation upon publication of 2. Parties receiving service of the to have waived their rights. the Draft EIS. decision by certified mail shall have 30 ADDRESSES: A copy of the decision may ADDRESSES: You may submit comments days from the date of receipt to file an be obtained from: Bureau of Land related to the Proposed Pacific Solar appeal. Management, Alaska State Office, 222 Investments Inc., Amargosa North Solar Parties who do not file an appeal in West Seventh Avenue, #13, Anchorage, Project by any of the following methods: accordance with the requirements of 43 Alaska 99513–7504. • E-mail: [email protected] ; CFR Part 4, Subpart E, shall be deemed FOR FURTHER INFORMATION CONTACT: The • Fax: (702) 515–5010 (attention to have waived their rights. Bureau of Land Management by phone Gregory Helseth);

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• Mail: Gregory Helseth, BLM While you can ask us in your comment Introduction Southern Nevada District Office, 4701 to withhold your personal identifying With this notice, we initiate our North Torrey Pines Drive, Las Vegas, information from public review, we process for developing a CCP for St. Nevada 89130–2301; cannot guarantee that we will be able to • Johns NWR in Brevard County, Florida. In person: At any EIS public do so. This notice complies with our CCP scoping meeting. Authority: 40 CFR 1501.7. policy to (1) Advise other Federal and Documents pertinent to this proposal State agencies, Tribes, and the public of Patrick Putnam, may be examined at the BLM Southern our intention to conduct detailed Nevada District Office. Field Manager, Pahrump Field Office. planning on this refuge; and (2) obtain FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–29697 Filed 12–11–09; 8:45 am] suggestions and information on the Gregory Helseth, Renewable Energy BILLING CODE 4310–HC–P scope of issues to consider in the Project Manager, (702) 515–5173; environmental document and during or e-mail [email protected]. You development of the CCP. DEPARTMENT OF THE INTERIOR may also use this contact information to Background request that your name be added to the Fish and Wildlife Service project mailing list. The CCP Process SUPPLEMENTARY INFORMATION: Pacific [FWS–R4–R–2009–N206; 40136–1265–0000– S3] The National Wildlife Refuge System Solar Investments Inc. has requested a Administration Act of 1966, as amended ROW authorization for the construction, St. Johns National Wildlife Refuge, by the National Wildlife Refuge System operation, maintenance, and Brevard County, FL Improvement Act (16 U.S.C. 668dd– termination of a solar energy generation 668ee), requires us to develop a CCP for project. The proposed project would AGENCY: Fish and Wildlife Service, each national wildlife refuge. The consist of solar photovoltaic panels, Interior. purpose in developing a CCP is to including an electrical transmission ACTION: Notice of intent to prepare a provide refuge managers with a 15-year substation and switchyard facilities. The comprehensive conservation plan and strategy for achieving refuge purposes proposed solar energy project would environmental assessment; request for and contributing to the mission of the produce approximately 150 megawatts comments. National Wildlife Refuge System, of electricity, and would be located on consistent with sound principles of fish SUMMARY: We, the U.S. Fish and approximately 7,500 acres of public and wildlife management, conservation, Wildlife Service (Service), intend to lands in the Amargosa Valley, Nye legal mandates, and our policies. In prepare a comprehensive conservation County, Nevada. addition to outlining broad management plan (CCP) and associated National The purpose of the public scoping direction on conserving wildlife and Environmental Policy Act (NEPA) process is to ascertain the relevant their habitats, CCPs identify wildlife- documents for St. Johns National issues that will influence the scope of dependent recreational opportunities Wildlife Refuge (NWR). We provide this the environmental analysis and guide available to the public, including notice in compliance with our CCP the process for developing the EIS, opportunities for hunting, fishing, policy to advise other Federal agencies, including the development of State agencies, Tribes, and the public of wildlife observation, wildlife alternatives. The BLM has preliminarily our intentions, and to obtain suggestions photography, and environmental identified the following resource issues: and information on the scope of issues education and interpretation. We will Threatened and endangered species, to consider in the planning process. review and update the CCP at least visual resource impacts, recreation every 15 years in accordance with the DATES: To ensure consideration, we impacts, and socioeconomic effects. Administration Act. The BLM will use and coordinate the must receive your written comments by Each unit of the National Wildlife NEPA commenting process to satisfy the January 13, 2010. Refuge System is established for specific Special mailings, newspaper articles, public involvement requirements of purposes. We use these purposes as the and other media announcements will be Section 106 of the National Historic foundation for developing and used to inform the public and State and Preservation Act (16 U.S.C. 470f), as prioritizing the management goals and local government agencies of the provided for in 36 CFR 800.2(d)(3). objectives for each refuge within the opportunities for input throughout the Native American Tribal consultations National Wildlife Refuge System, and to planning process. A public scoping will be conducted and tribal concerns, determine how the public can use each meeting will be held early in the CCP including potential impacts on Indian development process. The date, time, refuge. The planning process is a way trust assets, will be given due and place for the meeting will be for us and the public to evaluate consideration. Federal, state, and local announced in the local media and on management goals and objectives for the agencies, along with other stakeholders the refuge’s Internet web site as follows: best possible conservation approach to that may be interested in or affected by http://www.fws.gov/merrittisland/ this important wildlife habitat, while the BLM’s decision on this project, are subrefuges/SJ.html. providing for wildlife-dependent invited to participate in the scoping recreation opportunities that are ADDRESSES: Send comments, questions, process. Federal, state, and local compatible with the refuge’s and requests for more information to: agencies may request or be asked by the establishing purposes and the mission Mr. Bill Miller, Wildlife Biologist, St. BLM to participate as a cooperating of the National Wildlife Refuge System. Johns NWR CCP, Merritt Island National agency. Our CCP process provides Before including your address, phone Wildlife Refuge Complex, P.O. Box participation opportunities for Tribal, number, e-mail address, or other 2683, Titusville, FL 32781. State, and local governments; other personal identifying information in your FOR FURTHER INFORMATION CONTACT: Mr. agencies; organizations; and the public. comment, you should be aware that Bill Miller; telephone: 561/715–0023; At this time we encourage input in the your entire comment—including your fax: 321/861–1276; E-mail: form of issues, concerns, ideas, and personal identifying information—may [email protected]. suggestions for the future management be made publicly available at any time. SUPPLEMENTARY INFORMATION: of St. Johns NWR. The refuge’s Web site,

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special mailings, newspaper articles, the Atlantic Ocean in northeastern Dated: October 30, 2009. and other media outlets will be used to Florida. The refuge is connected Mark J. Musaus, announce opportunities for input through surface and groundwater to the Acting Regional Director. throughout the planning process. 310-mile-long St. Johns River and plays [FR Doc. E9–29639 Filed 12–11–09; 8:45 am] We will conduct the environmental an important role in the river’s health BILLING CODE 4310–55–P assessment in accordance with the and integrity. Over time, the refuge’s requirements of the National hydrologic setting has been altered Environmental Policy Act of 1968, as through various dredge and fill DEPARTMENT OF THE INTERIOR amended (NEPA) (42 U.S.C. 4321 et activities both on the refuge (prior to seq.); NEPA regulations (40 CFR parts Fish and Wildlife Service refuge establishment) and off (prior to 1500–1508); other appropriate Federal and after refuge establishment), which [FWS–R2–R–2009–N210; 20131–1265– laws and regulations; and our policies 2CCP–S3] and procedures for compliance with today poses considerable management challenges. Off-refuge hydrologic inputs those laws and regulations. Laguna Atascosa National Wildlife are conveyed from the residentially St. Johns NWR, in Brevard County, Refuge, Cameron and Willacy developed areas surrounding the refuge Florida, is managed as a unit of the Counties, TX Merritt Island National Wildlife Refuge through channelization and may lead to Complex. Other refuges in the Complex an overall decrease in refuge water AGENCY: Fish and Wildlife Service, include Merritt Island, Lake Wales quality. In addition, off-site inputs may Interior. Ridge, Pelican Island, Archie Carr, and alter water quantity, timing, and flows, ACTION: Notice of availability: draft Lake Woodruff. The refuge has two thus impacting wetland composition comprehensive conservation plan and main management units: State Road 50 and value for the benefit of fish and environmental assessment; request for and Bee Line. wildlife. Flood protection provided by comments. The refuge was established in 1971 to existing channels and levees continues provide protection for threatened and to be a valued commodity and is SUMMARY: We, the U.S. Fish and endangered species and native diversity. continually in demand as lands Wildlife Service (Service), announce the The primary purpose is to ‘‘conserve availability of a draft comprehensive surrounding the refuge are converted to fish or wildlife which are listed as conservation plan (CCP) and residential and commercial settings. endangered species or threatened environmental assessment (EA) for the species * * * (or) plants * * *’’ (16 Today, the 6,194-acre St. Johns NWR Laguna Atascosa National Wildlife U.S.C. 1534, Endangered Species Act). is home to at least 20 Federal- and State- Refuge (Refuge, NWR) for public review A secondary purpose provides for native listed species, including the federally and comment. In these documents, we species diversity and applies to specific listed wood stork, crested caracara, describe alternatives, including our refuge tracts for the ‘‘conservation, eastern indigo snake, and American preferred alternative, to manage this management, and restoration of the fish, alligator. It is managed to benefit a Refuge for the 15 years following wildlife, and plant resources and their diversity of species and a wide array of approval of the final CCP. habitats for the benefit of present and wetland habitats, including spartina DATES: To ensure consideration, please future generations of Americans’’ (16 marsh, the predominant habitat type send your written comments by U.S.C. 668dd(a)(2), National Wildlife found on the refuge. Its wetland February 12, 2010. We will announce Refuge Administration Act). marshes provide valuable resources for upcoming public meetings in local news St. Johns NWR was originally marshland species, including black rail media. envisioned to provide habitat for and other secretive marsh birds. Refuge ADDRESSES threatened and endangered species, : You may submit comments specifically for the conservation of the marshlands are managed primarily or requests for copies or more dusky seaside sparrow, first discovered through the application of prescribed information by any of the following in 1872. Historic flood control projects, fire to maintain mosaics of marsh methods. You may request hard copies including channelization and interbasin habitat. or a CD–ROM of the documents. E-mail: [email protected]. Include diversions, helped drain wetlands for Public Availability and Comments development purposes throughout ‘‘Laguna Atascosa Draft CCP and EA’’ in Florida. These actions significantly Before including your address, phone the subject line of the e-mail. Fax: Attn: Mark Sprick, Natural altered dusky seaside sparrow habitat number, email address, and/or other Resource Planner, 505–248–6874. throughout the State. In 1967, the dusky personal identifying information in your U.S. Mail: Mark Sprick, AICP, Natural seaside sparrow was listed as comment, you should be aware that endangered by the Department of the Resource Planner, U.S. Fish & Wildlife your entire comment, including your Service, Division of Planning, P.O. Box Interior and by 1979, surveys personal identifying information, may determined that it had declined to 20 1306, Albuquerque, NM 87103–1306. be made publicly available at any time. In-Person Drop-off: You may drop off individual males. The last known While you can ask us in your comment comments during regular business hours sighting of this species in the wild was to withhold your personal identifying (8:00 am to 4:30 pm) at 500 Gold 1980. Despite our efforts to protect and information from public review, we Avenue, SW., 4th Floor, Room 4005, recover the species through regulations, cannot guarantee that we will be able to Albuquerque, NM 87102. land acquisition, and land management do so. Internet/Web site: http:// efforts specifically targeting the needs of www.fws.gov/southwest/refuges/Plan/ the dusky seaside sparrow, the species Authority index.html. never recovered and was declared extinct in December 1990. This notice is published under the FOR FURTHER INFORMATION CONTACT: St. Johns NWR was named for and is authority of the National Wildlife Sonny Perez, Wildlife Refuge Manager, part of the southern headwaters of the Refuge System Improvement Act of Laguna Atascosa NWR, CCP–Project, St. Johns River—a river system that runs 1997, Public Law 105–57. 22817 Ocelot Road, Los Fresnos, TX south to north, eventually flowing into 78566, or by phone at 956–748–3607, or

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fax at 956–748–3609; or Mark Sprick, the real property has particular value in and environmental education and AICP, Natural Resource Planner, by carrying out the national migratory bird interpretation. We will review and phone at 505–248–7411. management program’’ (Transfer of update the CCP at least every 15 years SUPPLEMENTARY INFORMATION: Certain Real Property for Wildlife in accordance with the Administration Conservation Purposes Act of 1948 (16 Act. Introduction U.S.C. 667b–667d), Public Law 80–537, Public Outreach With this notice, we continue the CCP as amended); ‘‘for the development, process for Laguna Atascosa NWR. We advancement, management, To begin the CCP process, we opened started this process through a notice in conservation and protection of fish and a 60-day comment period on July 19, the Federal Register July 19, 2004 (69 wildlife resources’’ (Fish and Wildlife 2004 (69 FR 43010). We made draft FR 43010). Act of 1956 (16 U.S.C. 742(a)(4), as documents and other relevant Laguna Atascosa NWR is located in amended); and ‘‘for the benefit of the information available for public review Cameron and Willacy Counties, Texas, United States Fish and Wildlife Service, at the Refuge headquarters. In February and encompasses 97,007 acres of brush in performing its activities and services. and June 2004, we held internal lands, coastal prairies, freshwater and Such acceptance may be subject to the preplanning meetings at the Refuge to brackish pothole wetlands, estuarine terms of any restrictive or affirmative discuss concerns, issues, and wetlands, lomas (clay ridges), wind tidal covenant, or condition of servitude’’ opportunities for the future of the flats, and barrier island beaches and (Fish and Wildlife Act of 1956 (16 Refuge. We held four ‘‘open-house’’ dunes. Management efforts focus on U.S.C. 742(b)(1), as amended). public scoping meetings between protecting, enhancing, and restoring February 28 and March 8, 2005, at Refuge habitats and water management Background Raymondville, Brownsville, Harlingen, for the benefit of important fish and The CCP Process and South Padre Island to solicit initial wildlife resources. The Refuge is a public input and involvement during premiere birdwatching destination with The National Wildlife Refuge System the early stages of CCP development. 415 recorded bird species, more than Administration Act of 1966 (16 U.S.C. any other national wildlife refuge. A 668dd–668ee) (Administration Act), as We also invited the Texas Parks and total of nine federally listed endangered amended by the National Wildlife Wildlife Department (TPWD) to or threatened species occur within the Refuge System Improvement Act of participate as a partner in the planning Refuge, including four species of sea 1997, requires us to develop a CCP for process. We have considered and turtles. The largest United States each national wildlife refuge. The evaluated all of these comments population of endangered ocelot cats is purpose for developing a CCP is to received, and have incorporated many located on the Refuge, making it the provide refuge managers with a 15-year of them into the various alternatives we center for ocelot conservation and plan for achieving refuge purposes and addressed in the draft CCP and the EA. recovery. contributing toward the mission of the CCP Alternatives We Are Considering Laguna Atascosa NWR was formally National Wildlife Refuge System, established by the Migratory Bird consistent with sound principles of fish During the public scoping process Commission on October 31, 1945, and and wildlife management, conservation, with which we started work on this the first tract forming the Refuge was legal mandates, and our policies. In draft CCP, we, other governmental acquired on March 29, 1946. The addition to outlining broad management partners, Tribes, and the public raised purposes of the Refuge are: ‘‘[F]or use as direction on conserving wildlife and several issues. Our draft CCP addresses an inviolate sanctuary, or for any other their habitats, CCPs identify wildlife- them. A full description of each management purpose, for migratory dependent recreational opportunities alternative is in the EA. To address birds’’ (Migratory Bird Conservation Act available to the public, including these issues, we developed and of 1929 (16 U.S.C. 715d), as amended); opportunities for hunting, fishing, evaluated the following alternatives, ‘‘for wildlife conservation purposes if wildlife observation and photography, summarized below.

A: No-action alternative B: Proposed action alternative C: Optimize public-use alternative

Issue 1: Habitat Management Ac- Biological program and habitat Integrated biological and habitat Same as No-Action Alternative tivities. management would continue management efforts with land- (Alternative A). under existing plans; any ex- scape level and ecosystem pansions would occur level plans; emphasis on pro- opportunistically. tection and monitoring of Fed- eral trust species and priority species and their habitats. Issue 2: Improvements to public Limited to current public use Improvement of priority public Expand and emphasize all priority use opportunities. under existing plans; Any ex- uses, particularly hunting, fish- public uses, particularly hunting pansions would occur ing and wildlife observation, to and fishing and access to all opportunistically. meet demand when compatible Refuge areas to the maximum with wildlife needs and Refuge extent when compatible, based purposes; expansion of re- on public comments. search efforts and dynamic partnerships.

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A: No-action alternative B: Proposed action alternative C: Optimize public-use alternative

Issue 3: Staffing, Facilities, and In- Existing staffing (17 permanent Addition of 11 staff to existing Base funding and staffing would frastructure. positions) and facilities; any ad- base; addition of over 6 miles of increase by 4 positions (Out- ditional staff and facility expan- hike/bike trails; one auto tour door Recreation Planner and 3 sions would occur route; 2 separate parking areas; Park Rangers); several addi- opportunistically. new visitor center at Laguna tional miles of auto tour routes, Atascosa Unit. Visitor contact 7 hike/bike trails and associated and research station at Bahia parking areas; visitor contact Grande. station; all primarily at Bahia Grande.

Public Availability of Documents • At the Laguna Atascosa NWR • On our Web site: http:// Headquarters Office, 22817 Ocelot Road, www.fws.gov/southwest/refuges/Plan/ In addition to any methods in Los Fresnos, TX 78566, 18 miles east of index.html. ADDRESSES, you can view or obtain Rio Hondo, on Farm-to-Market Road • At the following public libraries: documents at the following locations: 106, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday.

Library Address Phone number

City of Brownsville Public Library ...... 2600 Central Blvd., Brownsville, TX 78520–8824 ...... 956–548–1055 Harlingen Public Library ...... 410 ’76 Drive, Harlingen, TX 78550 ...... 956–427–8841 Laguna Vista Public Library ...... 1300 Palm Blvd., Laguna Vista, TX 78578 ...... 956–943–7155 Los Fresnos Public Library ...... 402 W. Ocean, Los Fresnos, TX 78566 ...... 956–233–5330 Port Isabel Public Library ...... 213 Yturria St., Port Isabel, TX 78578 ...... 956–943–2265 Willacy County/Reber Memorial Library ...... 190 N. 4th. St., Raymondville, TX 78580 ...... 956–689–2930 Rio Hondo Public Library ...... 121 N. Arroyo Blvd., Rio Hondo, TX 78583 ...... 956–748–3322 San Benito Public Library ...... 101 W. Rose St., San Benito, TX 78586 ...... 956–361–3860

Submitting Comments/Issues for Dated: November 4, 2009. SUPPLEMENTARY INFORMATION: The lessee Comment Brian A. Millsap, has agreed to the amended lease terms Acting Regional Director, Region 2. for rentals and royalties at rates of $5 We consider comments substantive if [FR Doc. E9–29637 Filed 12–11–09; 8:45 am] per acre, or fraction thereof, per year they: 2 BILLING CODE 4310–55–P and 16 ⁄3 percent, respectively. The • Question, with reasonable basis, the lessee has paid the required $500 accuracy of the information in the administrative fee and $163 to document; DEPARTMENT OF THE INTERIOR reimburse the Department for the cost of this Federal Register notice. The lessee • Question, with reasonable basis, the Bureau of Land Management has met all the requirements for adequacy of the EA; [WY–923–1310–FI; WYW150316] reinstatement of the lease as set out in • Present reasonable alternatives Sections 31(d) and (e) of the Mineral other than those presented in the EA; Notice of Proposed Reinstatement of Lands Leasing Act of 1920 (30 U.S.C. and/or Terminated Oil and Gas Lease, 188), and the BLM is proposing to • Provide new or additional WYW150316, Wyoming reinstate lease WYW150316 effective information relevant to the EA. May 1, 2009, under the original terms AGENCY: Bureau of Land Management, and conditions of the lease and the Next Steps Interior. increased rental and royalty rates cited ACTION: Notice of proposed above. The BLM has not issued a valid After this comment period ends, we reinstatement of terminated oil and gas lease affecting the lands. will analyze the comments and address lease them in the form of a final CCP. Julie L. Weaver, SUMMARY: Under the provisions of 30 Chief, Branch of Fluid Minerals Adjudication. Public Availability of Comments U.S.C. 188(d) and (e), and 43 CFR [FR Doc. E9–29695 Filed 12–11–09; 8:45 am] 3108.2–3(a) and (b)(2), the Bureau of Before including your address, phone BILLING CODE 4310–22–P Land Management (BLM) received a number, e-mail address, or other petition for reinstatement from G2 personal identifying information in your Petroleum LLC, Inc. for non-competitive DEPARTMENT OF THE INTERIOR comment, you should be aware that oil and gas lease WYW150316 for land your entire comment—including your in Fremont County, Wyoming. The Bureau of Land Management personal identifying information—may petition was filed on time and was be made publicly available at any time. accompanied by all the rentals due [WY–923–1310–FI; WYW172439] While you can ask us in your comment since the date the lease terminated Notice of Proposed Reinstatement of to withhold your personal identifying under the law. information from public review, we Terminated Oil and Gas Lease, FOR FURTHER INFORMATION CONTACT: WYW172439, Wyoming cannot guarantee that we will be able to Bureau of Land Management, Julie L. do so. Weaver, Chief, Branch of Fluid Minerals AGENCY: Bureau of Land Management, Adjudication, at (307) 775–6176. Interior.

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ACTION: Notice of proposed of response, and estimated total burden apprenticeship programs registered with reinstatement of terminated oil and gas may be obtained from the RegInfo.gov the U.S. Department of Labor and lease Web site at http://www.reginfo.gov/ recognized State Apprenticeship public/do/PRAMain or by contacting Agencies. The Form ETA 9039 is filled SUMMARY: Under the provisions of 30 Darrin King on 202–693–4129 (this is out by the complainant to initiate the U.S.C. 188(d) and (e), and 43 CFR not a toll-free number)/e-mail: complaint procedure. For additional 3108.2–3(a) and (b)(2), the Bureau of [email protected]. information, see related notice Land Management (BLM) received a Interested parties are encouraged to published at Volume 74 FR 45878 on petition for reinstatement from send comments to the Office of September 4, 2009. Chesapeake Exploration, LLC, North Information and Regulatory Affairs, Finn, LLC, American Oil & Gas Inc., and Attn: OMB Desk Officer for the Darrin A. King, Khody Land & Minerals Company for Department of Labor—ETA, Office of Departmental Clearance Officer. competitive oil and gas lease Management and Budget, Room 10235, [FR Doc. E9–29604 Filed 12–11–09; 8:45 am] WYW172439 for land in Converse Washington, DC 20503, Telephone: BILLING CODE 4510–FR–P County, Wyoming. The petition was 202–395–7316/Fax: 202–395–5806 filed on time and was accompanied by (these are not toll-free numbers), E-mail: all the rentals due since the date the [email protected] within DEPARTMENT OF LABOR lease terminated under the law. 30 days from the date of this publication Occupational Safety and Health FOR FURTHER INFORMATION CONTACT: in the Federal Register. In order to Administration Bureau of Land Management, Julie L. ensure the appropriate consideration, Weaver, Chief, Branch of Fluid Minerals comments should reference the OMB [Docket No. OSHA–2009–0038] Adjudication, at (307) 775–6176. Control Number (see below). SUPPLEMENTARY INFORMATION: The The OMB is particularly interested in Federal Advisory Council on lessees have agreed to the amended comments which: Occupational Safety and Health lease terms for rentals and royalties at • Evaluate whether the proposed (FACOSH) rates of $10 per acre or fraction thereof, collection of information is necessary AGENCY: Occupational Safety and Health per year and 162⁄3 percent, respectively. for the proper performance of the The lessees have paid the required $500 functions of the agency, including Administration (OSHA), Labor. administrative fee and $163 to whether the information will have ACTION: Request for nominations to reimburse the BLM for the cost of this practical utility; serve on FACOSH; renewal of FACOSH • Federal Register notice. The lessees Evaluate the accuracy of the charter. have met all the requirements for agency’s estimate of the burden of the SUMMARY: reinstatement of the lease as set out in proposed collection of information, The Occupational Safety and Sections 31(d) and (e) of the Mineral including the validity of the Health Administration invites interested Lands Leasing Act of 1920 (30 U.S.C. methodology and assumptions used; parties to submit nominations for • 188). The BLM is proposing to reinstate Enhance the quality, utility, and membership on FACOSH, whose charter lease WYW172439 effective April 1, clarity of the information to be the Secretary of Labor renewed on collected; and November 6, 2009. 2009, under the original terms and • conditions of the lease and the Minimize the burden of the DATES: Nominations for FACOSH must increased rental and royalty rates cited collection of information on those who be submitted (postmarked, sent, above. The BLM has not issued a valid are to respond, including through the transmitted, received) by February 12, lease affecting the lands. use of appropriate automated, 2010. electronic, mechanical, or other ADDRESSES: You may submit Julie L. Weaver, technological collection techniques or nominations for FACOSH, identified by Chief, Branch of Fluid Minerals Adjudication. other forms of information technology, Docket No. OSHA–2009–0038, by any e.g., permitting electronic submission of [FR Doc. E9–29694 Filed 12–11–09; 8:45 am] one of the following methods: BILLING CODE 4310–22–P responses. Agency: Employment and Training Electronically: Nominations, Administration. including attachments, may be submitted electronically at http:// DEPARTMENT OF LABOR Type of Review: Extension without change of a currently approved www.regulations.gov, the Federal eRulemaking Portal. Follow the online Office of the Secretary collection. Title of Collection: Title 29 CFR Part instructions for submitting nominations; Submission for OMB Review: 30—Equal Employment Opportunity in Facsimile: If the nomination, Comment Request Apprenticeship Training. including attachments, does not exceed OMB Control Number: 1205–0224. 10 pages, you may fax it to the OSHA December 7, 2009. Agency Form Number: ETA–9039. Docket Office at (202) 693–1648; The Department of Labor (DOL) Affected Public: State, Local, and Mail, express delivery, hand delivery, hereby announces the submission of the Tribal Governments; Private Sector; and messenger or courier service: Submit following public information collection Individuals or Households. three copies of nominations to the request (ICR) to the Office of Total Estimated Number of OSHA Docket Office, Docket No. Management and Budget (OMB) for Respondents: 26,778. OSHA–2009–0038, Room N–2625, U.S. review and approval in accordance with Total Estimated Annual Burden Department of Labor, 200 Constitution the Paperwork Reduction Act of 1995 Hours: 5,562. Avenue, NW., Washington, DC 20210; (Pub. L. 104–13, 44 U.S.C. chapter 35). Total Estimated Annual Costs Burden telephone (202) 693–2350 (TTY number A copy of this ICR, with applicable (does not include hour costs): $0. (877) 889–5627). Deliveries (hand, supporting documentation; including Description: Title 29 CFR part 30 sets express mail, messenger and courier among other things a description of the forth policies and procedures to service) are accepted during the likely respondents, proposed frequency promote equality of opportunity in Department of Labor’s and OSHA

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Docket Office’s normal business hours, safety and health of federal employees expertise in occupational safety and 8:15 a.m.–4:45 p.m., e.t. (Occupational Safety and Health Act of health, particularly as it pertains to the Instructions: All nominations for 1970 (29 U.S.C. 668), 5 U.S.C. 7902, federal workforce; FACOSH must include the agency name Executive Orders 12196 and 13511). • A statement attesting that that the and docket number for this Federal This includes providing advice on how individual is aware of the nomination Register notice (Docket No. OSHA– to reduce and keep to a minimum the and has no apparent conflicts of interest 2009–0038). Because of security-related number of injuries and illnesses in the that would preclude membership on procedures, submitting nominations by federal workforce and how to encourage FACOSH; and regular mail may result in a significant the establishment and maintenance of • A written commitment that the delay in their receipt. Please contact the effective occupational safety and health nominee will attend and participate in OSHA Docket Office, at the address programs in each Federal agency. FACOSH meetings regularly throughout above, for information about security FACOSH is comprised of 16 members, the term. procedures for submitting nominations who the Secretary appoints for terms The Secretary will appoint FACOSH by hand delivery, express delivery, and not to exceed three years. The Assistant members based upon criteria including, messenger or courier service. For Secretary, who chairs FACOSH, is but not limited to, the nominee’s level additional information on submitting seeking nominations both for vacancies of responsibility for occupational safety nominations, see the ‘‘Public that occurred during calendar year (CY) and health matters involving the federal Participation’’ heading in the 2009 and that will occur in CY 2010. To workforce, experience and competence SUPPLEMENTARY INFORMATION section. provide continuity, the terms of in occupational safety and health, and All submissions in response to this FACOSH members are staggered so that willingness and ability to regularly and Federal Register notice, including the terms of five to six members expire fully participate in FACOSH meetings. personal information provided, will be each year. The Secretary will make five Federal agency management nominees posted without change at http:// two-year appointments to fill the CY who serve as their agency’s Designated www.regulations.gov. Therefore, OSHA 2009 vacancies, and five three-year Agency Safety and Health Official and cautions interested parties about appointments to fill the CY 2010 labor nominees who are responsible for submitting personal information such as vacancies. federal employee occupational safety social security numbers and birth dates. The composition of FACOSH and health matters within their Docket: To read or download membership and the number of new respective organizations are preferred as submissions in response to this Federal members to be appointed are: management and labor members, respectively. Register notice, go to Docket No. • Eight members are management OSHA–2009–0038 at http:// The information received through the representatives from Federal agencies. nomination process, along with other www.regulations.gov. All documents in Five appointments will be made, the docket are listed in the http:// relevant sources of information, will including two appointments for three- assist the Secretary in making www.regulations.gov index. Although year terms and three appointments for listed in the index, some documents appointments to FACOSH. In selecting two-year terms; and FACOSH members, the Secretary will (e.g., copyrighted material) are not • Eight members are representatives publicly available to read or download consider individuals nominated in of labor organizations representing response to this Federal Register notice, through the Web page. All submissions, federal employees. Five appointments including copyrighted material, are as well as other qualified individuals. will be made, including three OSHA will publish a list of the new available for inspection and copying at appointments for three-year terms and the OSHA Docket Office at the address FACOSH members in the Federal two appointments for two-year terms. Register. above. FACOSH members serve at the FOR FURTHER INFORMATION CONTACT: For pleasure of the Secretary unless the Public Participation—Submission of press inquiries: Ms. Jennifer Ashley, member is no longer qualified to serve, Nominations and Access to Docket OSHA, Office of Communications, U.S. resigns, or is removed by the Secretary. Interested parties may submit Department of Labor, Room N–3647, The Secretary may appoint FACOSH nominations and supplemental 200 Constitution Avenue, NW., members to successive terms. FACOSH materials by any one of the methods Washington, DC 20210; telephone (202) usually meets between two to six times listed in the ADDRESSES section. All 693–1999. annually. comments, attachments and other For general information: Mr. Francis Interested parties may nominate one materials must identify the agency name Yebesi, OSHA, Office of Federal Agency or more qualified persons for and the OSHA docket number for this Programs, U.S. Department of Labor, membership. Others are invited and Federal Register notice (Docket No. Room N–3622, 200 Constitution encouraged to submit endorsements in OSHA 2009–0038). You may Avenue, NW., Washington, DC 20210; support of a nominee. Nominations supplement electronic nominations by telephone (202) 693–2122; e-mail must include the following information: uploading document files electronically. [email protected]. • Nominee’s resume or curriculum If, instead, you wish to submit hard SUPPLEMENTARY INFORMATION: vitae, including contact information, copies of any additional material in current position, and membership on reference to an electronic submission, Request for Nominations To Serve on FACOSH and other relevant you must submit three copies to the FACOSH organizations; OSHA Docket Office following the The Assistant Secretary of Labor for • Category of membership for which instructions in the ADDRESSES section. Occupational Safety and Health the nominee is qualified to serve; The additional material must clearly (Assistant Secretary) invites interested • A summary of the nominee’s identify your electronic submission by parties to submit nominations for background, experience and name, date, and docket number so membership on FACOSH. qualifications for membership; OSHA can attach it to your nomination. FACOSH is authorized to advise the • Articles or other documents the Because of security-related Secretary of Labor (Secretary) on all nominee has authored that indicate procedures, the use of regular mail may matters relating to the occupational their knowledge, experience, and result in a significant delay in the

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receipt of nominations. For information Authority and Signature: Jordan FOR FURTHER INFORMATION CONTACT: about security procedures concerning Barab, Acting Assistant Secretary of Mary Rupp, Secretary of the Board, the delivery of materials by hand, Labor for Occupational Safety and Telephone: 703–518–6304. express delivery, messenger or courier Health, directed the preparation of this Mary Rupp, service, please contact the OSHA Docket notice under the authority granted by Secretary of the Board. Office (see ADDRESSES section). section 19 of the Occupational Safety Submissions in response to this and Health Act of 1970 (29 U.S.C. 668), [FR Doc. E9–29832 Filed 12–10–09; 4:15 pm] Federal Register notice are posted 5 U.S.C. 7902, the Federal Advisory BILLING CODE P without change at http:// Committee Act (5 U.S.C. App), www.regulations.gov. Therefore, OSHA Executive Order 13511, 29 CFR Part cautions interested parties about 1960 (Basic Program Elements of for NUCLEAR REGULATORY submitting personal information such as Federal Employee Occupational Safety COMMISSION social security numbers and birth dates. and Health Programs), 41 CFR Part 102– Although all submissions are listed in 3, and Secretary of Labor’s Order 5– [NRC–2009–0545; Docket No.: 55–62191; 2007 (72 FR 31160). License No.: OP–11276–1 (Terminated), IA– the http://www.regulations.gov index, 09–023] some documents (e.g., copyrighted Signed at Washington, DC, this 8th day of material) are not publicly available to December 2009. In the Matter of: Duane Kuhn; read or download through the Web Jordan Barab, Confirmatory Order Modifying License page. All submissions, including Acting Assistant Secretary of Labor for (Effective Immediately) copyrighted material, are available for Occupational Safety and Health. I inspection and copying at the OSHA [FR Doc. E9–29675 Filed 12–11–09; 8:45 am] Docket Office. BILLING CODE 4510–26–P Duane Kuhn (Mr. Kuhn) was Information on using the http:// previously employed as a Reactor www.regulations.gov Web page to make Operator (RO) at Exelon Generation submissions and to access the docket Company, LLC’s (Exelon or licensee) and exhibits is available at the Web NATIONAL CREDIT UNION Peach Bottom Atomic Power Station page’s Help link. Contact the OSHA ADMINISTRATION (Peach Bottom or facility) located in Docket Office for information about Delta, Pennsylvania. Mr. Kuhn was the Sunshine Act; Notice of Agency materials not available through the Web holder of RO License Number OP– Meeting page and for assistance in locating 11276–1, issued by the Nuclear submissions and other documents in the TIME AND DATE: 10 a.m., Thursday, Regulatory Commission (NRC or docket. December 17, 2009. Commission) pursuant to 10 CFR Part Electronic copies of this Federal 55. The license authorized Mr. Kuhn to PLACE: Board Room, 7th Floor, Room Register notice are available at http:// manipulate the controls of the facility. 7047, 1775 Duke Street, Alexandria, VA www.regulations.gov. This notice, as At Exelon’s request, the license was 22314–3428. well as news releases and other relevant terminated on July 31, 2008. information, is available at OSHA’s Web STATUS: Open. This Confirmatory Order (Order) is page at http://www.osha.gov. MATTERS TO BE CONSIDERED: the result of an agreement reached 1. Proposed Rule—Part 701 of Charter Renewal during an Alternative Dispute NCUA’s Rules and Regulations, Resolution (ADR) mediation session Section 7902 of Title 5 of the U.S. Interpretive Ruling and Policy conducted on September 24, 2009. ADR Code provides that the President may Statement (IRPS) 09–1, NCUA’s is a process in which a neutral mediator establish, by executive order, a safety Chartering and Field of Membership with no decision-making authority council (FACOSH) composed of Policies. assists parties in reaching an agreement representatives of Federal agencies and 2. Final Rule—Section 701.21(f) of on resolving any differences regarding labor organizations representing Federal NCUA’s Rules and Regulations, the dispute. employees to serve as an advisory body Exception to the Maturity Limit on to the Secretary on issues involving the Second Mortgages. II occupational safety and health of the 3. Insurance Fund Report. The NRC Office of Investigations (OI) federal workforce. On September 29, RECESS: 11:15 a.m. initiated an investigation on May 5, 2009, President Barack Obama signed TIME AND DATE: 11:30 a.m., Thursday, 2008 to determine whether Mr. Kuhn Executive Order 13511 authorizing the December 17, 2009. deliberately violated NRC requirements continuance of FACOSH for two another by failing to inform Exelon of years, until September 30, 2011 (5 PLACE: Board Room, 7th Floor, Room information required to be reported. U.S.C. 7902). 7047, 1775 Duke Street, Alexandria, VA Based on the evidence developed during The Federal Advisory Committee Act 22314–3428. the OI investigation, which was (FACA) requires that, upon the STATUS: Closed. completed on March 4, 2009, the NRC continuance or renewal of an advisory MATTERS TO BE CONSIDERED: identified an apparent willful violation. committee, a new charter be filed (5 1. Cedar Point Federal Credit Union’s The apparent violation involved Mr. U.S.C. App. § 14). Pursuant to FACA Appeal of Denial by Regional Director of Kuhn’s failure to inform Exelon of an and its implementing regulations (41 its Request to Convert to Community arrest on his first day back at work CFR Part 102–3), on November 6, 2009, Charter. Closed pursuant to Exemptions following the incident, as required by the Secretary renewed the FACOSH (4) and (8). Exelon’s Behavioral Observation charter, which expired on September 2. Consideration of Supervisory Program implementing procedure, the 30, 2009. The new FACOSH charter will Activities. Closed pursuant to Peach Bottom Physical Security Plan, expire on September 30, 2011, unless Exemptions (8), (9)(A)(ii) and 9(B). and 10 CFR 73.20(c). A description of the Secretary terminates it prior to that 3. Personnel. Closed pursuant to this apparent violation and a factual date. Exemption (2). summary of the results of the

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investigation were sent to Mr. Kuhn in Peach Bottom management. However, available in ADAMS, will appear on the an NRC letter dated June 5, 2009. Mr. Kuhn acknowledged that he should NRC ‘‘Significant Enforcement have known that he was required to Actions—Individuals’’ Web site for a III report this incident, because it involved period of one year, and will also be The June 5, 2009 NRC letter informed alcohol. placed in Mr. Kuhn’s individual license Mr. Kuhn that the agency was 4. Mr. Kuhn noted that he was file. considering escalated enforcement required to complete a number of On November 17, 2009, Mr. Kuhn against him for this apparent violation actions as a result of an Accelerated consented to issuing this Order with the of NRC requirements and offered him Rehabilitative Disposition program for commitments, as described in Section V the opportunity to either attend a his DUI arrest. These actions included: below. Mr. Kuhn further agreed that this Predecisional Enforcement Conference a. Relinquishing his driver’s license Order is to be effective upon issuance or to request use of ADR, to resolve this for a period of 60 days; and that he has waived his right to a matter. On June 24, 2009, Mr. Kuhn b. Completing 35 hours of community hearing. requested the use of ADR and, on service; September 24, 2009, the NRC and Mr. c. Completing 16 hours of educational IV Kuhn met in an ADR session mediated classes on the hazards of drinking and Since Mr. Kuhn has agreed to take by a professional mediator, arranged specifically the hazards of drinking and additional actions to address NRC through Cornell University’s Scheinman driving; concerns, as set forth in Section III, the Institute on Conflict Resolution. During d. Attending a victim impact panel, at NRC has concluded that its concerns that ADR session, a settlement which victims and families of victims of can be resolved through issuance of this agreement was reached. This alcohol-related driving incidents, Order. Confirmatory Order is the result of that described how their lives have been I find that Mr. Kuhn’s commitments, agreement, the elements of which impacted by such events; and as set forth in Section III, are acceptable consisted of the following: e. Completing 6 weeks of licensee- and necessary and conclude that with 1. As a result of the ADR discussion, sponsored counseling, which included these commitments the public health the NRC and Mr. Kuhn agreed to the attending six sessions of Alcoholics and safety are reasonably assured. In following facts: (1) Mr. Kuhn was Anonymous meetings. view of the foregoing, I have also arrested on October 13, 2007, for driving 5. During the ADR mediation session, determined that public health and safety under the influence (DUI) of alcohol; (2) Mr. Kuhn recognized an opportunity for require that the Licensee’s commitments Mr. Kuhn did not report the arrest to the other licensed operators at Peach be confirmed by this Order. Based on Exelon-Peach Bottom management until Bottom, within Exelon, and in the the above and Mr. Kuhn’s consent, this April 29, 2008; and, (3) at the time of industry to learn from his violation. Order is immediately effective upon the arrest, Mr. Kuhn was required to Therefore, Mr. Kuhn agreed to author an issuance. follow all station procedures under the article in which he relates this incident terms and conditions of his individual and what he has learned from it. Within V reactor operator license. that article, Mr. Kuhn will emphasize Accordingly, pursuant to Sections 81, 2. As a result of the facts agreed to in the importance of adherence to all 161b, 161i, 161o, 182, and 186 of the Item 1, the NRC has determined that Mr. requirements, including the requirement Atomic Energy Act of 1954, as amended, Kuhn violated NRC requirements while of informing facility licensees of all and the Commission’s regulations in 10 he was employed as an RO at Peach reportable incidents defined within the CFR 2.202 and 10 CFR Part 50, it is Bottom. Specifically, the NRC facility’s behavior observation program. hereby ordered, effective immediately concluded that, contrary to his reactor Mr. Kuhn also agreed to submit this that Duane Kuhn shall: operator license, NRC regulations, and article to: (1) Exelon for consideration to A. Author an article in which he Exelon’s Behavioral Observation use in its training program; and (2) the relates this incident and what he has Program procedure, Mr. Kuhn willfully Professional Reactor Operator Society learned from it, emphasizing the failed to report to Exelon-Peach Bottom, (PROS) and the Institute of Nuclear importance of adherence to all for approximately six months, that he Power Operations (INPO) requesting requirements, including the requirement had been arrested for driving under the their consideration for publication in of informing facility licensees of all influence of alcohol on October 13, their respective newsletters. reportable incidents defined within the 2007. The NRC considered that this 6. Mr. Kuhn agreed to complete the facility’s behavior observation program. constituted a Severity Level III actions in Item 5 within 90 days after B. Submit this article to: (1) Exelon for violation. issuance of a NRC Confirmatory Order consideration to use in its training 3. Mr. Kuhn agreed that he violated confirming the commitments agreed to program; and (2) the Professional Peach Bottom’s Physical Security Plan herein; send a letter to the NRC Reactor Operator Society (PROS) and and Exelon’s Behavioral Observation informing the NRC that these actions are the Institute of Nuclear Power Program procedure when he failed to complete; and include in the letter to Operations (INPO) requesting their report the arrest (an incident involving the NRC a copy of the article submitted consideration for publication in their alcohol, which, by Exelon procedure to Exelon, PROS, and INPO. Mr. Kuhn respective newsletters. required reporting) for approximately agreed to send this letter to the NRC C. Complete the above actions within six months, and, as a result, violated his within 30 days of completion of the 90 days after issuance of this NRC individual reactor operator license. Mr. actions stated in Item 5. Confirmatory Order. Kuhn contends that his actions were not 7. In light of the actions Mr. Kuhn has D. Send a letter to the NRC informing willful because he did not consider the committed to take as described in Item the NRC that these actions are complete; incident to constitute an arrest until 5, the NRC agreed to not take and include in the letter to the NRC a reading the Peach Bottom newsletter enforcement action against him, other copy of the article submitted to Exelon, article that included a definition of an than issuance of a Confirmatory Order PROS, and INPO within 30 days of arrest. Mr. Kuhn maintains that, confirming the commitments set forth completion of the above actions. immediately upon reading the article, herein. The Confirmatory Order and its The NRC Region I Regional he self-reported this incident to Exelon- transmittal letter will be publicly Administrator may relax or rescind, in

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writing, any of the above conditions ‘‘Guidance for Electronic Submission,’’ submittals.html, by e-mail at upon demonstration by Mr. Kuhn of which is available on the agency’s [email protected], or by a toll- good cause. public Web site at http://www.nrc.gov/ free call at (866) 672–7640. The NRC site-help/e-submittals.html. Participants Meta System Help Desk is available VI may attempt to use other software not between 8 a.m. and 8 p.m., Eastern Any person adversely affected by this listed on the Web site, but should note Time, Monday through Friday, Confirmatory Order, other than Mr. that the NRC’s E-Filing system does not excluding government holidays. Kuhn, may request a hearing within 20 support unlisted software, and the NRC Participants who believe that they days of its publication in the Federal Meta System Help Desk will not be able have a good cause for not submitting Register. Where good cause is shown, to offer assistance in using unlisted documents electronically must file an consideration will be given to extending software. exemption request, in accordance with the time to request a hearing. A request If a participant is electronically 10 CFR 2.302(g), with their initial paper for extension of time must be directed submitting a document to the NRC in filing requesting authorization to to the Director, Office of Enforcement, accordance with the E-Filing rule, the continue to submit documents in paper U.S. Nuclear Regulatory Commission, participant must file the document format. Such filings must be submitted and include a statement of good cause using the NRC’s online, Web-based by: (1) First class mail addressed to the for the extension. submission form. In order to serve Office of the Secretary of the All documents filed in NRC documents through EIE, users will be Commission, U.S. Nuclear Regulatory adjudicatory proceedings, including a required to install a Web browser plug- Commission, Washington, DC 20555– request for hearing, a petition for leave in from the NRC Web site. Further 0001, Attention: Rulemaking and to intervene, any motion or other information on the Web-based Adjudications Staff; or (2) courier, document filed in the proceeding prior submission form, including the express mail, or expedited delivery to the submission of a request for installation of the Web browser plug-in, service to the Office of the Secretary, hearing or petition to intervene, and is available on the NRC’s public Web Sixteenth Floor, One White Flint North, documents filed by interested site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, governmental entities participating submittals.html. Maryland 20852, Attention: Rulemaking under 10 CFR 2.315(c), must be filed in Once a participant has obtained a and Adjudications Staff. Participants accordance with the NRC E-Filing rule digital ID certificate and a docket has filing a document in this manner are (72 FR 49139, August 28, 2007). The E- been created, the participant can then responsible for serving the document on Filing process requires participants to submit a request for hearing or petition all other participants. Filing is submit and serve all adjudicatory for leave to intervene. Submissions considered complete by first-class mail documents over the internet, or in some should be in Portable Document Format as of the time of deposit in the mail, or cases to mail copies on electronic (PDF) in accordance with NRC guidance by courier, express mail, or expedited storage media. Participants may not available on the NRC public Web site at delivery service upon depositing the submit paper copies of their filings http://www.nrc.gov/site-help/e- document with the provider of the unless they seek an exemption in submittals.html. A filing is considered service. A presiding officer, having accordance with the procedures complete at the time the documents are granted an exemption request from described below. submitted through the NRC’s E-Filing using E-Filing, may require a participant To comply with the procedural system. To be timely, an electronic or party to use E-Filing if the presiding requirements of E-Filing, at least ten filing must be submitted to the E-Filing officer subsequently determines that the (10) days prior to the filing deadline, the system no later than 11:59 p.m. Eastern reason for granting the exemption from participant should contact the Office of Time on the due date. Upon receipt of use of E-Filing no longer exists. the Secretary by e-mail at a transmission, the E-Filing system Documents submitted in adjudicatory [email protected], or by telephone time-stamps the document and sends proceedings will appear in NRC’s at (301) 415–1677, to request (1) a the submitter an e-mail notice electronic hearing docket which is digital ID certificate, which allows the confirming receipt of the document. The available to the public at http:// participant (or its counsel or E-Filing system also distributes an e- ehd.nrc.gov/EHD_Proceeding/home.asp, representative) to digitally sign mail notice that provides access to the unless excluded pursuant to an order of documents and access the E-Submittal document to the NRC Office of the the Commission, or the presiding server for any proceeding in which it is General Counsel and any others who officer. Participants are requested not to participating; and (2) advise the have advised the Office of the Secretary include personal privacy information, Secretary that the participant will be that they wish to participate in the such as social security numbers, home submitting a request or petition for proceeding, so that the filer need not addresses, or home phone numbers in hearing (even in instances in which the serve the documents on those their filings, unless an NRC regulation participant, or its counsel or participants separately. Therefore, or other law requires submission of such representative, already holds an NRC- applicants and other participants (or information. With respect to issued digital ID certificate). Based upon their counsel or representative) must copyrighted works, except for limited this information, the Secretary will apply for and receive a digital ID excerpts that serve the purpose of the establish an electronic docket for the certificate before a hearing request/ adjudicatory filings and would hearing in this proceeding if the petition to intervene is filed so that they constitute a Fair Use application, Secretary has not already established an can obtain access to the document via participants are requested not to include electronic docket. the E-Filing system. copyrighted materials in their Information about applying for a A person filing electronically using submission. digital ID certificate is available on the agency’s adjudicatory E-Filing If a person requests a hearing, that NRC’s public Web site at http:// system may seek assistance by person shall set forth with particularity www.nrc.gov/site-help/e-submittals/ contacting the NRC Meta System Help the manner in which his interest is apply-certificates.html. System Desk through the ‘‘Contact Us’’ link adversely affected by this Order and requirements for accessing the E- located on the NRC Web site at http:// shall address the criteria set forth in 10 Submittal server are detailed in NRC’s www.nrc.gov/site-help/e- CFR 2.309(d) and (f).

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If the hearing is requested by a person II Institute on Conflict Resolution. During whose interest is adversely affected, the Two investigations were initiated by that ADR session, a settlement Commission will issue an Order the NRC Office of Investigations (OI) to agreement was reached. This designating the time and place of any determine if two former Peach Bottom Confirmatory Order is the result of that hearing. If a hearing is held, the issue to employees deliberately violated NRC agreement, the elements of which be considered at such hearing shall be requirements by reporting inaccurate consisted of the following: whether this Confirmatory Order should information in one instance, and failing 1. Exelon did not take issue with the be sustained. to inform the licensee of information NRC preliminary conclusion set forth in In the absence of any request for required to be reported in the other. An the June 5, 2009, letter that two hearing, or written approval of an NRC letter to Exelon on June 5, 2009, violations occurred and that the actions extension of time in which to request a transmitted factual summaries of the OI by the former maintenance supervisor hearing, this Order shall be final 20 days investigations and informed Exelon that, and the former RO regarding the from the date of its publication in the based on the evidence developed during violations were deliberate. The NRC Federal Register without further order the investigations, OI had substantiated concluded that both violations or proceedings. If an extension of time that apparent violations of NRC warranted Severity Level III for requesting a hearing has been requirements had occurred as the result classification and would normally be approved, the provisions specified in of deliberate actions of the former Peach subject to a civil penalty in accordance Section V shall be final when the Bottom employees. The first with the NRC Enforcement Policy, extension expires if a hearing request investigation, initiated on February 12, because Exelon did not identify one of has not been received. 2008, determined that a former Peach the two violations. Exelon did not take issue with the NRC conclusion that the A request for a hearing shall not stay Bottom maintenance supervisor violation involving the former RO the immediate effectiveness of this deliberately failed to provide complete constitutes a Severity Level III violation. order. and accurate information when completing a Personal History Exelon, however, asserted that the Dated this the 1st day of December 2009. maintenance supervisor applicant was For the Nuclear Regulatory Commission. Questionnaire (PHQ) for unescorted access authorization (UAA), and not a fully qualified supervisor when Samuel J. Collins, subsequently gained access to the site. incomplete and inaccurate information Regional Administrator. PHQs are a means by which licensees, was provided. Therefore, this instance [FR Doc. E9–29661 Filed 12–11–09; 8:45 am] including Exelon, collect information to would not constitute a Severity Level III BILLING CODE 7590–01–P make determinations about an violation. The NRC and Exelon agreed individual’s suitability for unescorted to disagree on the severity level of this access, as required by 10 CFR 73.56 and violation. 2. The NRC acknowledged that Exelon NUCLEAR REGULATORY the licensee’s Physical Security Plan. had taken several corrective actions in COMMISSION Specifically, the former maintenance response to the violations, so as to supervisor provided incorrect preclude the occurrence of similar [NRC–2009–0546, Docket Nos.: 50–277/278, information regarding the character of violations in the future. These actions License Nos: DPR–44 &, DPR–56, EA–09– his military service, his history of 007 & EA–09–059] include: misconduct in the military, and the a. Completed Corrective Actions only nature of his discharge from the In the Matter of: Exelon Generating affecting Peach Bottom: military. The second investigation, Company, LLC Peach Bottom Atomic i. Conducted training module, initiated on May 5, 2008, determined Power Station, Confirmatory Order emphasizing the impact of deliberate that a former Peach Bottom licensed Modifying License (Effective misconduct on nuclear safety culture. Reactor Operator (RO) deliberately Immediately) ii. Performed common cause failed to report an arrest/criminal evaluation on deliberate misconduct I charges in accordance with the site events at PBAPS and implemented security program procedures for UAA Exelon Generating Company, LLC resulting corrective actions. and the Behavioral Observation Program b. Completed Corrective Actions (Exelon or licensee) is the holder of (BOP). Specifically, the RO was arrested affecting all Exelon operating nuclear Facility Operating License Nos. DPR–44 and charged with driving under the facilities: and DPR–56 issued by the U.S. Nuclear influence on October 13, 2007, and did i. Revised Exelon fleet-wide PHQ to Regulatory Commission (NRC or agency) not report the incident to Exelon until require applicants to review and pursuant to 10 CFR Part 50. The licenses April 28, 2008. acknowledge the expectation to provide authorize the operation of Peach Bottom complete and accurate information and Atomic Power Station, Units 2 and 3 III the consequences of providing false, (Peach Bottom or facility), in accordance The June 5, 2009, NRC letter informed incomplete, or misleading information. with conditions specified therein. The Exelon that the agency was considering ii. Revised fleet-wide procedure/ facility is located on the licensee’s site escalated enforcement against it for process for validating military in Delta, Pennsylvania. these apparent violations of NRC background investigation element. This Confirmatory Order (Order) is requirements and offered Exelon the iii. Implemented fleet-wide safety the result of an agreement reached opportunity to either attend a culture training and workshops. during an Alternative Dispute Predecisional Enforcement Conference c. Completed Corrective Actions Resolution (ADR) mediation session or to request use of ADR, to resolve this affecting the nuclear industry: conducted on September 3, 2009. ADR matter. On June 12, 2009, Exelon i. Incorporated lessons learned is a process in which a neutral mediator requested the use of ADR. On regarding validation of military with no decision-making authority September 3, 2009, the NRC and Exelon background into industry guidance assists parties in reaching an agreement met in an ADR session mediated by a document Nuclear Energy Institute on resolving any differences regarding professional mediator, arranged through (NEI) 03–01 to strengthen industry the dispute. Cornell University’s Scheinman process.

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ii. Presented lessons learned on significance and impact of deliberate V military background falsification issue misconduct. Accordingly, pursuant to Sections 81, at July 2009 NEI industry Personnel 4. Exelon agreed to complete the 161b, 161i, 161o, 182, and 186 of the Access Database System (PADS) actions applicable only to Peach Bottom Atomic Energy Act of 1954, as amended, workshop. after issuance of an NRC Confirmatory and the Commission’s regulations in 10 3. Exelon agreed to take additional Order, by June 30, 2010, and to send the CFR 2.202 and 10 CFR Part 50, it is actions to address the violations, to NRC a letter informing the agency that hereby ordered, effective immediately ensure that the corrective actions the actions are complete, within 30 days that Exelon shall: identified in Item 2 are effective, and to of their completion, to facilitate NRC A. Complete the following actions by ensure that lessons learned from these confirmatory reviews. Exelon also June 30, 2010, and send the NRC a letter events are extended to the Exelon fleet agreed to complete the remaining informing the agency that the actions and to the industry. These actions corrective actions after issuance of the are complete within 30 days of their consist of: NRC Confirmatory Order, by September completion: a. Planned Corrective Actions only 30, 2010, and to send the NRC a letter a. Review special obligations of affecting Peach Bottom: informing the agency that the actions licensed operators and supervisors in i. Review special obligations of are complete, within 30 days of their Peach Bottom licensed operator training licensed operators and supervisors in completion, to facilitate NRC program, including Peach Bottom Peach Bottom licensed operator training confirmatory reviews. operating experience. program, including Peach Bottom 5. In light of the corrective actions b. Develop an assessment to verify the operating experience. that Exelon took as noted in Item 2, as effectiveness of actions associated with ii. Develop an assessment to verify the well as the additional actions Exelon deliberate misconduct training. effectiveness of actions associated with committed to as described in Item 3, the c. Perform Peach Bottom Site deliberate misconduct training. NRC agreed to not issue a Notice of Employee Issues Advisory Council iii. Perform Peach Bottom Site Violation or civil penalty for the two (SEIAC) reviews regarding employee Employee Issues Advisory Council violations that are the subject of this conduct issues/concerns, including any (SEIAC) reviews regarding employee ADR. apparent trends in these areas; and conduct issues/concerns, including any 6. Exelon agreed to issuance of a ensure corporate EIAC emphasizes apparent trends in these areas; and Confirmatory Order confirming this comparison of site data to identify ensure corporate EIAC emphasizes agreement that describes the two trends or outliers. comparison of site data to identify violations and the classification of the d. Repeat Peach Bottom training trends or outliers. violation involving the RO at Severity module on deliberate misconduct for iv. Repeat Peach Bottom training Level III. The NRC agreed that, for this new employees and current Peach module on deliberate misconduct for violation, the date for the escalated Bottom personnel in 2010, emphasizing new employees and current Peach enforcement and reactor oversight the impact of deliberate misconduct on Bottom personnel in 2010, emphasizing processes will be retroactive to the date nuclear safety culture. the impact of deliberate misconduct on that the individual’s employment was B. Complete the following actions by nuclear safety culture. terminated (August 17, 2008). In September 30, 2010, and send the NRC b. Planned Corrective Actions accordance with NRC practice, the a letter informing the agency that the affecting all Exelon operating nuclear Confirmatory Order and the letter actions are complete within 30 days of facilities: forwarding it to Exelon will be publicly their completion: i. Include deliberate misconduct available and accompanied by a press a. Include deliberate misconduct training in the fleet-wide Supervisory release. training in the fleet-wide Supervisory Development Program for new On November 19, 2009, Exelon Development Program for new supervisors. consented to issuing this Order with the supervisors. ii. Implement Peach Bottom training commitments, which are described in b. Implement Peach Bottom training module fleet-wide, emphasizing the Section V below. The Licensee further module fleet-wide, emphasizing the impact of deliberate misconduct on agreed that this Order is to be effective impact of deliberate misconduct on nuclear safety culture. Exelon will also upon issuance and that it has waived its nuclear safety culture. Exelon will also review its current contractor training on right to a hearing. review its current contractor training on deliberate misconduct and add the IV deliberate misconduct and add the training module, if necessary. training module, if necessary. iii. Provide additional information Since Exelon has agreed to take c. Provide additional information fleet-wide, to educate the workforce on additional actions to address NRC fleet-wide, to educate the workforce on BOP, Fitness-for-Duty requirements, and concerns, as set forth in Section III, the BOP, Fitness-for-Duty requirements, and Employee Assistance Program services. NRC has concluded that its concerns Employee Assistance Program services. c. Planned Corrective Actions can be resolved through issuance of this d. Provide lessons learned-type article affecting the nuclear industry: Order. to Professional Reactor Operators i. Provide lessons learned-type article I find that Exelon’s commitments, as Society (PROS) requesting consideration to Professional Reactor Operators set forth in Section III, are acceptable for inclusion in industry newsletter. Society (PROS) requesting consideration and necessary and conclude that with e. Provide lessons learned-type article for inclusion in industry newsletter. these commitments the public health to NEI requesting consideration for ii. Provide lessons learned-type article and safety are reasonably assured. In inclusion in its industry newsletter. to NEI requesting consideration for view of the foregoing, I have also f. Discuss with INPO the possibility of inclusion in its industry newsletter. determined that public health and safety incorporating into its supervisor and iii. Discuss with the Institute of require that the Licensee’s commitments operations development programs, a Nuclear Power Operations (INPO) the be confirmed by this Order. Based on module regarding the significance and possibility of incorporating into its the above and Exelon’s consent, this impact of deliberate misconduct. supervisor and operations development Order is immediately effective upon The NRC Region I Regional programs, a module regarding the issuance. Administrator may relax or rescind, in

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writing, any of the above conditions ‘‘Guidance for Electronic Submission,’’ submittals.html, by e-mail at upon demonstration by Exelon of good which is available on the agency’s [email protected], or by a toll- cause. public Web site at http://www.nrc.gov/ free call at (866) 672–7640. The NRC site-help/e-submittals.html. Participants Meta System Help Desk is available VI may attempt to use other software not between 8 a.m. and 8 p.m., Eastern Any person adversely affected by this listed on the Web site, but should note Time, Monday through Friday, Confirmatory Order, other than Exelon, that the NRC’s E-Filing system does not excluding government holidays. may request a hearing within 20 days of support unlisted software, and the NRC Participants who believe that they its publication in the Federal Register. Meta System Help Desk will not be able have a good cause for not submitting Where good cause is shown, to offer assistance in using unlisted documents electronically must file an consideration will be given to extending software. exemption request, in accordance with the time to request a hearing. A request If a participant is electronically 10 CFR 2.302(g), with their initial paper for extension of time must be directed submitting a document to the NRC in filing requesting authorization to to the Director, Office of Enforcement, accordance with the E-Filing rule, the continue to submit documents in paper U.S. Nuclear Regulatory Commission, participant must file the document format. Such filings must be submitted and include a statement of good cause using the NRC’s online, Web-based by: (1) First class mail addressed to the for the extension. submission form. In order to serve Office of the Secretary of the All documents filed in NRC documents through EIE, users will be Commission, U.S. Nuclear Regulatory adjudicatory proceedings, including a required to install a Web browser plug- Commission, Washington, DC 20555– request for hearing, a petition for leave in from the NRC Web site. Further 0001, Attention: Rulemaking and to intervene, any motion or other information on the Web-based Adjudications Staff; or (2) courier, document filed in the proceeding prior submission form, including the express mail, or expedited delivery to the submission of a request for installation of the Web browser plug-in, service to the Office of the Secretary, hearing or petition to intervene, and is available on the NRC’s public Web Sixteenth Floor, One White Flint North, documents filed by interested site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, governmental entities participating submittals.html. Maryland 20852, Attention: Rulemaking under 10 CFR 2.315(c), must be filed in Once a participant has obtained a and Adjudications Staff. Participants accordance with the NRC E-Filing rule digital ID certificate and a docket has filing a document in this manner are (72 FR 49139, August 28, 2007). The E- been created, the participant can then responsible for serving the document on Filing process requires participants to submit a request for hearing or petition all other participants. Filing is submit and serve all adjudicatory for leave to intervene. Submissions considered complete by first-class mail documents over the internet, or in some should be in Portable Document Format as of the time of deposit in the mail, or cases to mail copies on electronic (PDF) in accordance with NRC guidance by courier, express mail, or expedited storage media. Participants may not available on the NRC public Web site at delivery service upon depositing the submit paper copies of their filings http://www.nrc.gov/site-help/e- document with the provider of the unless they seek an exemption in submittals.html. A filing is considered service. A presiding officer, having accordance with the procedures complete at the time the documents are granted an exemption request from described below. submitted through the NRC’s E-Filing using E-Filing, may require a participant To comply with the procedural system. To be timely, an electronic or party to use E-Filing if the presiding requirements of E-Filing, at least ten filing must be submitted to the E-Filing officer subsequently determines that the (10) days prior to the filing deadline, the system no later than 11:59 p.m. Eastern reason for granting the exemption from participant should contact the Office of Time on the due date. Upon receipt of use of E-Filing no longer exists. the Secretary by e-mail at a transmission, the E-Filing system Documents submitted in adjudicatory [email protected], or by telephone time-stamps the document and sends proceedings will appear in NRC’s at (301) 415–1677, to request (1) a the submitter an e-mail notice electronic hearing docket which is digital ID certificate, which allows the confirming receipt of the document. The available to the public at http:// participant (or its counsel or E-Filing system also distributes an e- ehd.nrc.gov/EHD_Proceeding/home.asp, representative) to digitally sign mail notice that provides access to the unless excluded pursuant to an order of documents and access the E-Submittal document to the NRC Office of the the Commission, or the presiding server for any proceeding in which it is General Counsel and any others who officer. Participants are requested not to participating; and (2) advise the have advised the Office of the Secretary include personal privacy information, Secretary that the participant will be that they wish to participate in the such as social security numbers, home submitting a request or petition for proceeding, so that the filer need not addresses, or home phone numbers in hearing (even in instances in which the serve the documents on those their filings, unless an NRC regulation participant, or its counsel or participants separately. Therefore, or other law requires submission of such representative, already holds an NRC- applicants and other participants (or information. With respect to issued digital ID certificate). Based upon their counsel or representative) must copyrighted works, except for limited this information, the Secretary will apply for and receive a digital ID excerpts that serve the purpose of the establish an electronic docket for the certificate before a hearing request/ adjudicatory filings and would hearing in this proceeding if the petition to intervene is filed so that they constitute a Fair Use application, Secretary has not already established an can obtain access to the document via participants are requested not to include electronic docket. the E-Filing system. copyrighted materials in their Information about applying for a A person filing electronically using submission. digital ID certificate is available on the agency’s adjudicatory E-Filing If a person requests a hearing, that NRC’s public Web site at http:// system may seek assistance by person shall set forth with particularity www.nrc.gov/site-help/e-submittals/ contacting the NRC Meta System Help the manner in which his interest is apply-certificates.html. System Desk through the ‘‘Contact Us’’ link adversely affected by this Order and requirements for accessing the E- located on the NRC Web site at http:// shall address the criteria set forth in 10 Submittal server are detailed in NRC’s www.nrc.gov/site-help/e- CFR 2.309(d) and (f).

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If the hearing is requested by a person 2009, contains sensitive unclassified core, and subsequent cores, will be designed whose interest is adversely affected, the non-safeguards information (SUNSI). so that the ITAs will be placed in non- Commission will issue an Order The amendment application is limiting locations with respect to thermal designating the time and place of any supplemented by letters dated limit margins and shutdown margins. The ITAs do not adversely affect the ability of any hearing. If a hearing is held, the issue to November 4, 2009 (ADAMS Package No. structures, systems or components (SSCs) to be considered at such hearing shall be ML093100316), November 17, 2009 perform their intended safety function to whether this Confirmatory Order should (ADAMS Accession No. ML093210561), mitigate the consequences of an initiating be sustained. and November 20, 2009 (ADAMS event within the assumed acceptance limits. In the absence of any request for Accession No. ML093280028). In addition to evaluation of the impact to hearing, or written approval of an Before issuance of the proposed operation with the introduction of the GE14i extension of time in which to request a license amendment, the Commission assemblies, EGC has also evaluated the hearing, this Order shall be final 20 days will have made findings required by the effects of these assemblies on post-irradiation from the date of its publication in the Atomic Energy Act of 1954, as amended conditions. The additional heat from the Co- 60 decay is insignificant when compared to Federal Register without further order (the Act), and the Commission’s the total heat from a normal refueling or proceedings. If an extension of time regulations. discharge. The small amount of extra heat for requesting a hearing has been The Commission has made a added by the cobalt isotope rods poses no approved, the provisions specified in proposed determination that the additional risk of spent fuel pool (SFP) local Section V shall be final when the amendment request involves no boiling over that was previously analyzed. extension expires if a hearing request significant hazards consideration. Under The maximum incident radiation due to an has not been received. the Commission’s regulations in Title 10 irradiated GE14i bundle placed one foot from A request for a hearing shall not stay of the Code of Federal Regulations (10 the spent fuel pool walls is in excess of the the immediate effectiveness of this CFR), Section 50.92, this means that radiation that would result in significant gamma heating of the concrete. However, order. operation of the facility in accordance analysis has demonstrated that at four feet, Dated this the 1st day of December 2009. with the proposed amendment would the energy deposition rate is well below that For the Nuclear Regulatory Commission. not (1) involve a significant increase in required to cause significant concrete the probability or consequences of an heating. CPS procedures exist to guide Samuel J. Collins, accident previously evaluated; or (2) placement of irradiated fuel bundles in the Regional Administrator. create the possibility of a new or SFP to avoid gamma heating of the wall [FR Doc. E9–29660 Filed 12–11–09; 8:45 am] different kind of accident from any concrete. These procedures will be modified BILLING CODE 7590–01–P accident previously evaluated; or (3) to specify that the irradiated GE14i bundles involve a significant reduction in a be stored at least four feet from the pool walls. With the four foot distance margin of safety. As required by 10 CFR requirement in effect, there is no limitation NUCLEAR REGULATORY 50.91(a), the licensee has provided its COMMISSION on the amount of time an irradiated GE14i analysis of the issue of no significant bundle may remain in the pool. [Docket No. 50–461] hazards consideration, which is Handling of the licensed transfer casks will presented below: be in accordance with the guidance in Exelon Generation Company, LLC; NUREG 0612, ‘‘Control of Heavy Loads at 1. Does the proposed amendment involve Nuclear Power Plants,’’ using the Fuel Notice of Consideration of Issuance of a significant increase in the probability or Amendment to Facility Operating consequences of an accident previously Building Crane. These precautions will License, Proposed No Significant evaluated? support safe movement of the casks within Hazards Consideration Determination, Response: No. the Fuel Building. The consequences of a previously analyzed and Opportunity for a Hearing and The proposed changes to the license conditions provide clarification and do not event are dependent on the initial conditions Order Imposing Procedures for Access assumed in the analysis, the availability and to Sensitive Unclassified Non- impact plant operation in any way. The handling of byproduct material (i.e., Co-60) successful functioning of equipment assumed Safeguards Information (SUNSI) for will continue to be done in accordance with to operate in response to the analyzed event, Contention Preparation the requirements of 10 CFR 30 and the and the setpoints at which these actions are initiated. The consequences of a previously The U.S. Nuclear Regulatory requirements of the CPS Facility Operating License. The proposed change to TS 4.2.1 evaluated accident are not significantly Commission (NRC, the Commission) is also provides clarification and additional increased by the proposed change. As considering issuance of an amendment description of the proposed ITAs to be used documented in NEDC–33505P, the proposed to Facility Operating License No. NPF– in the CPS core. These changes provide change does not affect the performance of 62 issued to Exelon Generation clarification and do not involve an increase any equipment credited to mitigate the Company, LLC (the licensee) for in the probability or consequences of an radiological consequences of an accident. operation of the Clinton Power Station, accident previously evaluated. Evaluation of operation with the GE14i Unit No. 1 (CPS), located in DeWitt The use of the GE14i ITAs, has been assemblies in the CPS core, demonstrated evaluated for impact on the previously that the licensing basis radiological analyses County, Illinois. are not impacted by the introduction of eight The proposed amendment would evaluated transients and design basis accidents for CPS. GE-Hitachi report NEDC– GE14i assemblies at CPS. This includes the modify License Condition 2.B.(6) and 33505P, ‘‘Safety Analysis Report to Support analyses done for transients and design basis create new License Conditions 1.J and Introduction of GE14i Isotope Test accident events. 2.B(7) as part of a pilot program to Assemblies (ITAs) in Clinton Power Station,’’ Therefore, the proposed change does not irradiate Cobalt (Co)-59 targets to dated June 2009, documents the results of the involve a significant increase in the produce Co-60, for the CPS. The analyses completed to demonstrate the probability or consequences of an accident licensee also requests an amendment to impact on operation following introduction previously evaluated. Appendix A, Technical Specifications of the ITAs in the CPS core. The use of these 2. Does the proposed amendment create the possibility of a new or different kind of (TS), of the CPS Facility Operating ITAs does not adversely affect accident initiators or precursors nor alter the design accident from any accident previously License, which would modify TS 4.2.1, assumptions, conditions, and configuration evaluated? ‘‘Fuel Assemblies,’’ to describe the or the manner in which the plant is operated Response: No. isotope test assemblies being used. The and maintained. The Cycle 13 (i.e., the first The proposed revision to the CPS license amendment application dated June 26, cycle of operation with the GE14i assembly) conditions and TS 4.2.1 will not introduce

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any new or modified equipment since these at the time of the postulated accident; Room (PDR), located at One White Flint changes are intended to provide clarification however, the ITA design has been evaluated North, Public File Area O1 F21, 11555 only. These clarifications will not result in and demonstrated to have no significant Rockville Pike (first floor), Rockville, operation of the facility in a different way effect on the calculated thermal limits as Maryland. than currently operated. described above. The proposed change does Within 60 days after the date of While the proposed ITA program does not affect safety analysis assumptions or result in the introduction of several modified initial conditions and therefore, the margin of publication of this notice, any person(s) fuel assemblies (i.e., the GE14i assembly), safety in the original safety analyses is whose interest may be affected by this these assemblies are essentially the same as maintained. action may file a request for a hearing the GE14 assemblies currently in use in the As documented above, the proposed and a petition to intervene with respect CPS core. The only difference being the use change does not involve a significant to issuance of the amendment to the of a number of isotope rods in place of fuel reduction in a margin of safety. subject facility operating license. rods. The GE14i assembly was designed for Requests for a hearing and a petition for mechanical, nuclear, and thermal-hydraulic The NRC staff has reviewed the licensee’s analysis and, based on this leave to intervene shall be filed in compatibility with the GE14 fuel design. The accordance with the Commission’s details of the design differences between the review, it appears that the three GE14 and GE14i are documented in NEDC– standards of 10 CFR 50.92(c) are ‘‘Rules of Practice for Domestic 33505P. Use of the proposed ITAs does not satisfied. Therefore, the NRC staff Licensing Proceedings’’ in 10 CFR Part involve the addition or modification of any proposes to determine that the 2. Interested person(s) should consult a plant equipment other than the assemblies amendment request involves no current copy of 10 CFR 2.309, which is modified to include the cobalt target rods. available at the Commission’s PDR, significant hazards consideration. Also, use of the proposed ITAs will not alter located at One White Flint North, Public The Commission is seeking public the design configuration or method of File Area O1F21, 11555 Rockville Pike comments on this proposed operation of plant equipment beyond its (first floor), Rockville, Maryland. determination. Any comments received normal functional capabilities. The ITA Publicly available records will be program does not create any new credible within 30 days after the date of accessible from the Agencywide failure mechanisms, malfunctions or accident publication of this notice will be Documents Access and Management initiators. considered in making any final System’s (ADAMS) Public Electronic Therefore, the proposed change does not determination. Reading Room on the Internet at the create the possibility of a new or different Normally, the Commission will not kind of accident from any previously NRC Web site, http://www.nrc.gov/ issue the amendment until the evaluated. reading-rm/doc-collections/cfr/. If a 3. Does the proposed amendment involve expiration of 60 days after the date of request for a hearing or petition for a significant reduction in a margin of safety? publication of this notice. The leave to intervene is filed by the above Response: No. Commission may issue the license date, the Commission or a presiding The proposed change to the CPS operating amendment before expiration of the 60- officer designated by the Commission or license conditions are intended to provide day period provided that its final by the Chief Administrative Judge of the clarification as to how the generation of determination is that the amendment byproduct material in the CPS reactor core Atomic Safety and Licensing Board involves no significant hazards Panel, will rule on the request and/or meets the requirements of 10 CFR Part 30. consideration. In addition, the The proposed change to TS 4.2.1 also petition; and the Secretary or the Chief provides clarification and additional Commission may issue the amendment Administrative Judge of the Atomic description of the proposed ITAs to be used prior to the expiration of the 30-day Safety and Licensing Board will issue a in the CPS core. These proposed changes comment period should circumstances notice of a hearing or an appropriate would not affect the design or operation of change during the 30-day comment order. any equipment important to safety. In period such that failure to act in a As required by 10 CFR 2.309, a addition, since the proposed changes to the timely way would result, for example, petition for leave to intervene shall set license conditions and TS provide in derating or shutdown of the facility. forth with particularity the interest of clarification only, these changes do not affect Should the Commission take action the petitioner in the proceeding, and the results of any safety calculations. prior to the expiration of either the Cycle specific analyses will be performed how that interest may be affected by the for CPS Reload 12 Cycle 13 to establish fuel comment period or the notice period, it results of the proceeding. The petition operating limits for the ITAs that assure will publish in the Federal Register a should specifically explain the reasons compliance with regulatory limits. Results of notice of issuance. Should the why intervention should be permitted these analyses will be documented in the Commission make a final No Significant with particular reference to the CPS Reload 12 Cycle 13 Supplemental Hazards Consideration Determination, following general requirements: (1) The Reload Licensing Report. Furthermore, any hearing will take place after name, address and telephone number of licensing analyses will be performed for the issuance. The Commission expects that the requestor or petitioner; (2) the ITAs for each cycle of their operation, the need to take this action will occur nature of the requestor’s/petitioner’s wherein the effect of the ITAs is considered very infrequently. for each of the appropriate licensing events right under the Act to be made a party and anticipated operational occurrences Written comments may be submitted to the proceeding; (3) the nature and (AOOs) to establish the appropriate reactor by mail to the Chief, Rulemaking and extent of the requestor’s/petitioner’s thermal limits for operation. Directives Branch, TWB–05–B01M, property, financial, or other interest in The proposed introduction of the ITAs has Division of Administrative Services, the proceeding; and (4) the possible no impact on equipment design or Office of Administration, U.S. Nuclear effect of any decision or order which fundamental operation, other than the Regulatory Commission, Washington, may be entered in the proceeding on the modifications made to the fuel assembly as DC 20555–0001, and should cite the requestor’s/petitioner’s interest. The part of the program. There are no changes publication date and page number of petition must also identify the specific being made to safety limits or safety system this Federal Register notice. Written allowable values that would adversely affect contentions which the petitioner/ plant safety as a result of the proposed ITAs. comments may also be faxed to the requestor seeks to have litigated at the The performance of the systems important to Chief, Rulemaking and Directives proceeding. safety is not significantly affected by the use Branch at 301–492–3446. Documents Each contention must consist of a of the proposed ITAs. The margin of safety may be examined, and/or copied for a specific statement of the issue of law or can be affected by the thermal limits existing fee, at the NRC’s Public Document fact to be raised or controverted. In

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addition, the petitioner/requestor shall unless they seek an exemption in submittals.html. A filing is considered provide a brief explanation of the bases accordance with the procedures complete at the time the documents are for the contention and a concise described below. submitted through the NRC’s E-Filing statement of the alleged facts or expert To comply with the procedural system. To be timely, an electronic opinion which support the contention requirements of E-Filing, at least ten filing must be submitted to the E-Filing and on which the petitioner intends to (10) days prior to the filing deadline, the system no later than 11:59 p.m. Eastern rely in proving the contention at the participant should contact the Office of Time on the due date. Upon receipt of hearing. The petitioner/requestor must the Secretary by e-mail at a transmission, the E-Filing system also provide references to those specific [email protected], or by telephone time-stamps the document and sends sources and documents of which the at (301) 415–1677, to request (1) a the submitter an e-mail notice petitioner is aware and on which the digital ID certificate, which allows the confirming receipt of the document. The petitioner intends to rely to establish participant (or its counsel or E-Filing system also distributes an e- those facts or expert opinion. The representative) to digitally sign mail notice that provides access to the petition must include sufficient documents and access the E-Submittal document to the NRC Office of the information to show that a genuine server for any proceeding in which it is General Counsel and any others who dispute exists with the applicant on a participating; and (2) advise the have advised the Office of the Secretary material issue of law or fact. Secretary that the participant will be that they wish to participate in the Contentions shall be limited to matters submitting a request or petition for proceeding, so that the filer need not within the scope of the amendment hearing (even in instances in which the serve the documents on those under consideration. The contention participant, or its counsel or participants separately. Therefore, must be one which, if proven, would representative, already holds an NRC- applicants and other participants (or entitle the petitioner to relief. A issued digital ID certificate). Based upon their counsel or representative) must petitioner/requestor who fails to satisfy this information, the Secretary will apply for and receive a digital ID these requirements with respect to at establish an electronic docket for the certificate before a hearing request/ least one contention will not be hearing in this proceeding if the petition to intervene is filed so that they permitted to participate as a party. Secretary has not already established an can obtain access to the document via Those permitted to intervene become electronic docket. the E-Filing system. parties to the proceeding, subject to any Information about applying for a A person filing electronically using limitations in the order granting leave to digital ID certificate is available on the agency’s adjudicatory E-Filing intervene, and have the opportunity to NRC’s public Web site at http:// system may seek assistance by participate fully in the conduct of the www.nrc.gov/site-help/e-submittals/ contacting the NRC Meta System Help hearing. apply-certificates.html. System Desk through the ‘‘Contact Us’’ link If a hearing is requested, the requirements for accessing the E- located on the NRC Web site at http:// Commission will make a final Submittal server are detailed in NRC’s www.nrc.gov/site-help/e- determination on the issue of no ‘‘Guidance for Electronic Submission,’’ submittals.html, by e-mail at significant hazards consideration. The which is available on the agency’s [email protected], or by toll-free final determination will serve to decide public Web site at http://www.nrc.gov/ call at (866) 672–7640. The NRC Meta- when the hearing is held. If the final site-help/e-submittals.html. Participants System Help Desk is available between determination is that the amendment may attempt to use other software not 8 a.m. and 8 p.m., Eastern Time, request involves no significant hazards listed on the Web site, but should note Monday through Friday, excluding consideration, the Commission may that the NRC’s E-Filing system does not government holidays. issue the amendment and make it support unlisted software, and the NRC Participants who believe that they immediately effective, notwithstanding Meta System Help Desk will not be able have a good cause for not submitting the request for a hearing. Any hearing to offer assistance in using unlisted documents electronically must file an held would take place after issuance of software. exemption request, in accordance with the amendment. If the final If a participant is electronically 10 CFR 2.302(g), with their initial paper determination is that the amendment submitting a document to the NRC in filing requesting authorization to request involves a significant hazards accordance with the E-Filing rule, the continue to submit documents in paper consideration, any hearing held would participant must file the document format. Such filings must be submitted take place before the issuance of any using the NRC’s online, Web-based by: (1) First class mail addressed to the amendment. submission form. In order to serve Office of the Secretary of the All documents filed in NRC documents through EIE, users will be Commission, U.S. Nuclear Regulatory adjudicatory proceedings, including a required to install a Web browser plug- Commission, Washington, DC 20555– request for hearing, a petition for leave in from the NRC Web site. Further 0001, Attention: Rulemaking and to intervene, any motion or other information on the Web-based Adjudications Staff; or (2) courier, document filed in the proceeding prior submission form, including the express mail, or expedited delivery to the submission of a request for installation of the Web browser plug-in, service to the Office of the Secretary, hearing or petition to intervene, and is available on the NRC’s public Web Sixteenth Floor, One White Flint North, documents filed by interested site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, governmental entities participating submittals.html. Maryland 20852, Attention: Rulemaking under 10 CFR 2.315(c), must be filed in Once a participant has obtained a and Adjudications Staff. Participants accordance with the NRC E-Filing rule digital ID certificate and a docket has filing a document in this manner are (72 FR 49139, August 28, 2007). The E- been created, the participant can then responsible for serving the document on Filing process requires participants to submit a request for hearing or petition all other participants. Filing is submit and serve all adjudicatory for leave to intervene. Submissions considered complete by first-class mail documents over the Internet, or in some should be in Portable Document Format as of the time of deposit in the mail, or cases to mail copies on electronic (PDF) in accordance with NRC guidance by courier, express mail, or expedited storage media. Participants may not available on the NRC public Web site at delivery service upon depositing the submit paper copies of their filings http://www.nrc.gov/site-help/e- document with the provider of the

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service. A presiding officer, having proceeding may request access to within 10 days of receipt of the request granted an exemption request from documents containing Sensitive whether: using E-Filing, may require a participant Unclassified Non-Safeguards (1) There is a reasonable basis to or party to use E-Filing if the presiding Information (SUNSI). believe the petitioner is likely to officer subsequently determines that the B. Within 10 days after publication of establish standing to participate in this reason for granting the exemption from this notice of hearing and opportunity to NRC proceeding; and use of E-Filing no longer exists. petition for leave to intervene, any (2) The requestor has established a Documents submitted in adjudicatory potential party who believes access to legitimate need for access to SUNSI. proceedings will appear in NRC’s SUNSI is necessary to respond to this E. If the NRC staff determines that the electronic hearing docket which is notice may request such access. A requestor satisfies both D.(1) and D.(2) available to the public at http:// ‘‘potential party’’ is any person who above, the NRC staff will notify the ehd.nrc.gov/EHD_Proceeding/home.asp, intends to participate as a party by requestor in writing that access to unless excluded pursuant to an order of demonstrating standing and filing an SUNSI has been granted. The written the Commission, or the presiding admissible contention under 10 CFR notification will contain instructions on officer. Participants are requested not to 2.309. Requests for access to SUNSI how the requestor may obtain copies of include personal privacy information, submitted later than 10 days after the requested documents, and any other such as social security numbers, home publication will not be considered conditions that may apply to access to addresses, or home phone numbers in absent a showing of good cause for the those documents. These conditions may their filings, unless an NRC regulation late filing, addressing why the request include, but are not limited to, the or other law requires submission of such could not have been filed earlier. signing of a Non-Disclosure Agreement information. With respect to C. The requestor shall submit a letter or Affidavit, or Protective Order 2 setting copyrighted works, except for limited requesting permission to access SUNSI forth terms and conditions to prevent excerpts that serve the purpose of the to the Office of the Secretary, U.S. the unauthorized or inadvertent adjudicatory filings and would Nuclear Regulatory Commission, disclosure of SUNSI by each individual constitute a Fair Use application, Washington, DC 20555–0001, Attention: who will be granted access to SUNSI. participants are requested not to include Rulemakings and Adjudications Staff, F. Filing of Contentions. Any copyrighted materials in their and provide a copy to the Associate contentions in these proceedings that submission. General Counsel for Hearings, are based upon the information received Petitions for leave to intervene must Enforcement and Administration, Office as a result of the request made for be filed no later than 60 days from of the General Counsel, Washington, DC SUNSI must be filed by the requestor no December 14, 2009. Non-timely filings 20555–0001. The expedited delivery or later than 25 days after the requestor is will not be entertained absent a courier mail address for both offices is: granted access to that information. determination by the presiding officer U.S. Nuclear Regulatory Commission, However, if more than 25 days remain that the petition or request should be 11555 Rockville Pike, Rockville, between the date the petitioner is granted or the contentions should be Maryland 20852. The e-mail address for granted access to the information and admitted, based on a balancing of the the Office of the Secretary and the the deadline for filing all other factors specified in 10 CFR Office of the General Counsel are contentions (as established in the notice 2.309(c)(1)(i)–(viii). [email protected] and of hearing or opportunity for hearing), For further details with respect to this [email protected], respectively.1 the petitioner may file its SUNSI license amendment application, see the The request must include the following contentions by that later deadline. application for amendment dated June information: G. Review of Denials of Access. 24, 2009, which is available for public (1) A description of the licensing (1) If the request for access to SUNSI inspection at the Commission’s PDR, action with a citation to this Federal is denied by the NRC staff either after located at One White Flint North, File Register notice; a determination on standing and need Public Area O1 F21, 11555 Rockville (2) The name and address of the for access, or after a determination on Pike (first floor), Rockville, Maryland. potential party and a description of the trustworthiness and reliability, the NRC Publicly available records will be potential party’s particularized interest staff shall immediately notify the accessible from the ADAMS Public that could be harmed by the action requestor in writing, briefly stating the Electronic Reading Room on the Internet identified in C.(1); reason or reasons for the denial. at the NRC Web site, http:// (3) The identity of the individual or (2) The requestor may challenge the www.nrc.gov/reading-rm/adams.html. entity requesting access to SUNSI and NRC staff’s adverse determination by Persons who do not have access to the requestor’s basis for the need for the filing a challenge within 5 days of ADAMS or who encounter problems in information in order to meaningfully receipt of that determination with: (a) accessing the documents located in participate in this adjudicatory The presiding officer designated in this ADAMS, should contact the NRC PDR proceeding. In particular, the request proceeding; (b) if no presiding officer Reference staff by telephone at 1–800– must explain why publicly-available has been appointed, the Chief 397–4209, 301–415–4737, or by e-mail versions of the information requested Administrative Judge, or if he or she is to [email protected]. would not be sufficient to provide the unavailable, another administrative Attorney for Licensee: Mr. Bradley J. basis and specificity for a proffered judge, or an administrative law judge Fewell, Associate General Counsel, contention; with jurisdiction pursuant to 10 CFR Exelon Generation Company, LLC, 4300 D. Based on an evaluation of the 2.318(a); or (c) if another officer has Winfield Road, Warrenville, IL 60555. information submitted under paragraph been designated to rule on information C.(3) the NRC staff will determine access issues, with that officer. Order Imposing Procedures for Access to Sensitive Unclassified Non- 1 While a request for hearing or petition to 2 Any motion for Protective Order or draft Non- Safeguards Information (SUNSI) for intervene in this proceeding must comply with the Disclosure Affidavit or Agreement for SUNSI must Contention Preparation filing requirements of the NRC’s ‘‘E–Filing Rule,’’ be filed with the presiding officer or the Chief the initial request to access SUNSI under these Administrative Judge if the presiding officer has not A. This Order contains instructions procedures should be submitted as described in this yet been designated, within 30 days of the deadline regarding how potential parties to this paragraph. for the receipt of the written access request.

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H. Review of Grants of Access. A party concerning access to information. The standing and who have propounded other than the requestor may challenge availability of interlocutory review by contentions meeting the specificity and an NRC staff determination granting the Commission of orders ruling on basis requirements in 10 CFR Part 2. access to SUNSI whose release would such NRC staff determinations (whether Attachment 1 to this Order summarizes harm that party’s interest independent granting or denying access) is governed the general target schedule for of the proceeding. Such a challenge by 10 CFR 2.311.3 processing and resolving requests under must be filed with the Chief I. The Commission expects that the these procedures. Administrative Judge within 5 days of NRC staff and presiding officers (and It is so ordered. the notification by the NRC staff of its any other reviewing officers) will grant of access. consider and resolve requests for access Dated at Rockville, Maryland, this 9th day If challenges to the NRC staff to SUNSI, and motions for protective of December 2009. determinations are filed, these orders, in a timely fashion in order to For the Commission. procedures give way to the normal minimize any unnecessary delays in Annette L. Vietti-Cook, process for litigating disputes identifying those petitioners who have Secretary of the Commission.

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING

Day Event/activity

0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in- structions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formula- tion does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 ...... Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the informa- tion.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec- tive order. A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.

[FR Doc. E9–29672 Filed 12–11–09; 8:45 am] ACTION: Notice of Issuance and I. Introduction BILLING CODE 7590–01–P Availability of Draft Regulatory Guide, DG–8032. The U.S. Nuclear Regulatory Commission (NRC) is issuing for public NUCLEAR REGULATORY comment a draft guide in the agency’s FOR FURTHER INFORMATION CONTACT: COMMISSION ‘‘Regulatory Guide’’ series. This series Mohammad S. Saba, U.S. Nuclear was developed to describe and make [NRC–2009–0556] Regulatory Commission, Washington, available to the public such information DC 20555–0001, telephone: (301) 251– as methods that are acceptable to the Draft Regulatory Guide: Issuance, 7558 or e-mail to NRC staff for implementing specific Availability [email protected]. parts of the NRC’s regulations, AGENCY: Nuclear Regulatory SUPPLEMENTARY INFORMATION: techniques that the staff uses in Commission. evaluating specific problems or

3 Requestors should note that the filing staff determinations (because they must be served applicable), but not to the initial SUNSI request requirements of the NRC’s E-Filing Rule (72 FR on a presiding officer or the Commission, as submitted to the NRC staff under these procedures. 49139; August 28, 2007) apply to appeals of NRC

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postulated accidents, and data that the should not include any information in site under Draft Regulatory Guides in staff needs in its review of applications their comments that they do not want the ‘‘Regulatory Guides’’ collection of for permits and licenses. publicly disclosed. the NRC’s Electronic Reading Room at The draft regulatory guide (DG), Federal Rulemaking Web site: Go to http://www.nrc.gov/reading-rm/doc- entitled, ‘‘Planned Special Exposures,’’ http://www.regulations.gov and search collections/. Electronic copies are also is temporarily identified by its task for documents filed under Docket ID available in ADAMS (http:// number, DG–8032, which should be NRC–2009–0556. Address questions www.nrc.gov/reading-rm/adams.html), mentioned in all related about NRC dockets to Carol Gallagher under Accession No. ML09177035. correspondence. DG–8032 is a proposed 301–492–3668; e-mail In addition, regulatory guides are Revision 1 of Regulatory Guide 8.35, [email protected]. available for inspection at the NRC’s dated June 1992. Mail comments to: Michael T. Lesar, Public Document Room (PDR) located at In the revised Title 10, of the Code of Chief, Rulemaking and Directives 11555 Rockville Pike, Rockville, Federal Regulations, Part 20, ‘‘Standards Branch (RDB), Division of Maryland. The PDR’s mailing address is for Protection Against Radiation’’ (10 Administrative Services, Office of USNRC PDR, Washington, DC 20555– CFR Part 20), (10 CFR 20.1201(b) and 10 Administration, Mail Stop: TWB–05– 0001. The PDR can also be reached by CFR 20.1206, ‘‘Planned Special B01M, U.S. Nuclear Regulatory telephone at (301) 415–4737 or (800) Exposures,’’ provide the conditions and Commission, Washington, DC 20555– 397–4205, by fax at (301) 415–3548, and limits for planned special exposures 0001, or by fax to RDB at (301) 492– by e-mail to [email protected]. (PSEs) of adult workers (i.e., doses in 3446. Regulatory guides are not addition to and accounted for separately You can access publicly available copyrighted, and Commission approval from the doses received under the limits documents related to this notice using is not required to reproduce them. specified in 10 CFR 20.1201, the following methods: Dated at Rockville, Maryland, this 7th day ‘‘Occupational Dose Limits for Adults.’’ NRC’s Public Document Room (PDR): of December 2009. In addition, 10 CFR 20.2104(b) and 10 The public may examine and have For the Nuclear Regulatory Commission. CFR 20.2104(e)(2) specify the copied for a fee publicly available requirements for obtaining prior documents at the NRC’s PDR, Public Harriet Karagiannis, occupational dose information, and 10 File Area O1 F21, One White Flint Acting Chief, Regulatory Guide Development CFR 20.2105, ‘‘Records of Planned North, 11555 Rockville Pike, Rockville, Branch, Division of Engineering, Office of Nuclear Regulatory Research. Special Exposures,’’ and 10 CFR Maryland. 20.2106, ‘‘Records of Individual NRC’s Agencywide Documents Access [FR Doc. E9–29655 Filed 12–11–09; 8:45 am] Monitoring Results,’’ specify the and Management System (ADAMS): BILLING CODE 7590–01–P requirements for exposure and Publicly available documents created or monitoring records applicable to PSEs. received at the NRC are available NUCLEAR REGULATORY The requirements for reporting PSEs electronically at the NRC’s Electronic appear in 10 CFR 20.2202(e) and in 10 Reading Room at http://www.nrc.gov/ COMMISSION CFR 20.2204, ‘‘Reports of Planned reading-rm/adams.html. From this page, [EA–09–205; NRC–2009–0544] Special Exposures.’’ the public can gain entry into ADAMS, This regulatory guide provides which provides text and image files of In the Matter of Licensees Authorized guidance on the conditions and NRC’s public documents. If you do not To Possess Radioactive Material prerequisites for permitting PSEs have access to ADAMS or if there are Quantities of Concern; Order Imposing allowed by 10 CFR Part 20, the problems in accessing the documents Fingerprinting and Criminal History associated specific monitoring and located in ADAMS, contact the NRC’s Records Check Requirements for reporting requirements, and examples of PDR reference staff at 1–800–397–4209, Unescorted Access to Certain acceptable means of satisfying these 301–415–4737, or by e-mail to Radioactive Material (Effective requirements. [email protected]. Immediately) Federal Rulemaking Web site: Public II. Further Information I comments and supporting materials ADDRESSES: You may submit comments related to this notice can be found at The Licensees identified in by any one of the following methods. http://www.regulations.gov by searching Attachment A to the Increased Controls Please include Docket ID NRC–2009– on Docket ID: NRC–2009–0556. (IC) Order (EA–09–204) hold licenses 0556 in the subject line of your Requests for technical information issued by the U.S. Nuclear Regulatory comments. Comments submitted in about DG–8032 may be directed to the Commission (NRC or Commission) in writing or in electronic form will be NRC contact, Mohammad S. Saba at accordance with the Atomic Energy Act posted on the NRC Web site and on the (301) 251–7558 or e-mail to (AEA) of 1954, as amended, and which Federal rulemaking Web site [email protected]. may possess items containing Regulations.gov. Because your Comments would be most helpful if radioactive materials in quantities of comments will not be edited to remove received by March 11, 2010. Comments concern. any identifying or contact information, received after that date will be Section 149 of the AEA, as amended the NRC cautions you against including considered if it is practical to do so, but by Section 652 of the Energy Policy Act any information in your submission that the NRC is able to ensure consideration of 2005, requires fingerprinting and a you do not want to be publicly only for comments received on or before Federal Bureau of Investigation (FBI) disclosed. this date. Although a time limit is given, identification and criminal history The NRC requests that any party comments and suggestions in records checks for ‘‘any individual who soliciting or aggregating comments connection with items for inclusion in is permitted unescorted access to received from other persons for guides currently being developed or radioactive materials or other property submission to the NRC inform those improvements in all published guides subject to regulation by the Commission persons that the NRC will not edit their are encouraged at any time. that the Commission determines to be of comments to remove any identifying or Electronic copies of DG–8032 are such significance to the public health contact information, and therefore, they available through the NRC’s public Web and safety or the common defense and

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security as to warrant fingerprinting and require that this Order be effective the Licensee shall submit a written background checks.’’ Pending the immediately. request to the Commission explaining completion of rulemaking, the NRC is the need for an extension of time to III issuing this Order to implement these implement the requirements. The requirements, of the AEA and the Accordingly, pursuant to Sections 81, request shall provide the Licensee’s Energy Policy Act of 2005, because a 149, 161b, 161i, 161o, 182, and 186 of justification for seeking more time to deliberate malevolent act by an the Atomic Energy Act of 1954, as comply with the requirements of this individual with unescorted access to amended, and the Commission’s Order. radioactive materials quantities of regulations in 10 CFR 2.202, 10 CFR Licensees shall notify the NRC’s concern has the potential to result in Parts 30, 33, 40 and 50, it is hereby Headquarters Operations Office at 301– significant adverse impacts to the public ordered, effective immediately, that all 816–5100 within 24 hours if the results health and safety. licensees identified in attachment 1 to from an FBI identification and criminal These additional requirements do not this order shall comply with the history records check indicate that an apply to individuals or classes of requirements of this order as follows: individual is identified on the FBI’s individuals who, under 10 CFR 73.61, A Terrorist Screening Data Base. are relieved from the fingerprinting, B identification, and records check 1. The Licensee shall, within ninety requirements of Section 149 of the AEA, (90) days of the date of this Order, 1. Except as provided in paragraph E as amended by Section 652 of the establish and maintain a fingerprinting for individuals who are currently Energy Policy Act of 2005. In addition, program that meets the requirements of approved for unescorted access, the because the individuals listed in Attachment 1 of this Order for Licensee shall grant access to Attachment 1, Paragraph 3 to this Order individuals that require unescorted radioactive material in Attachment B to have already satisfied the fingerprinting, access to certain radioactive materials. the IC Order in accordance with the identification, and records check 2. Within twenty five (25) days of the requirements of IC.1. of the IC Order requirements, these individuals do not date of this Order, the Licensee shall and the requirements of this Order. need to take additional action in provide under oath or affirmation, a 2. The T&R Official, if he/she does not response to this Order. certification that the Trustworthiness require unescorted access, must be and Reliability (T&R) Official (an deemed trustworthy and reliable by the II individual with the responsibility to Licensee in accordance with the The IC Order (EA–09–204) requires determine the trustworthiness and requirements of IC.1. of the IC Order Licensees to increase control over their reliability of another individual before making a determination regarding sources in order to prevent unintended requiring unescorted access to the the trustworthiness and reliability of radiation exposure and malicious acts. radioactive materials identified in Table another individual. If the T&R Official One specific requirement imposed by 1 of Attachment B of the IC Order) is requires unescorted access, the Licensee the IC Order is that each Licensee deemed trustworthy and reliable by the must consider the results of conduct background checks to Licensee as required in paragraph B.2 of fingerprinting and the review of an FBI determine the trustworthiness and this Order. identification and criminal history reliability of individuals needing 3. The Licensee shall, in writing, records check as a component in unescorted access to radioactive within twenty five (25) days of the date approving a T&R Official. materials. The Commission has of this Order, notify the Commission, (1) C. Prior to requesting fingerprints determined that radioactive materials If it is unable to comply with any of the from any individual, the Licensee shall possessed by the licensees listed in requirements described in this Order or provide a copy of this Order to that Attachment A of the IC Order are of in Attachment 1 to this Order, (2) if person. such significance to public health and compliance with any of the D. Upon receipt of the results of FBI safety as to warrant fingerprinting and requirements is unnecessary in its identification and criminal history FBI identification and criminal history specific circumstances, or (3) if records checks, the Licensee shall records checks for such persons. implementation of any of the control such information as specified in Therefore, in accordance with Section requirements would cause the Licensee the ‘‘Protection of Information’’ section 149 of the AEA and the Energy Policy to be in violation of the provisions of of Attachment 1 of this Order and in Act of 2005, the Commission is any Commission regulation or its requirement IC.5 of the IC Order. imposing the requirements set forth in license. The notification shall provide E. The Licensee shall make this Order on all licensees identified in the Licensee’s justification for seeking determinations on continued unescorted Attachment A of the IC Order, which are relief from or variation of any specific access for persons currently granted currently authorized to possess requirement. unescorted access, within ninety (90) radioactive materials in quantities of 4. The Licensee shall complete days of the date of this Order based concern. These requirements include implementation of the program upon the results of the fingerprinting the specific fingerprinting and criminal established in accordance with and FBI identification and criminal history records check requirements paragraph A.1 within ninety (90) days of history records check. The Licensee may specified in Attachment 1 to this Order. the date of this Order. In addition to the allow any individual who currently has All requirements will remain in effect notifications in paragraphs 2 and 3 unescorted access to certain radioactive until the Commission determines above, the Licensee shall notify the materials in accordance with the IC otherwise. Commission within twenty-five (25) Order to continue to have unescorted Because of the potentially significant days after they have achieved full access, pending a decision by the T&R adverse impacts associated with a compliance with the requirements Official. After ninety (90) days of the deliberate malevolent act by an described in Attachment 1 to this Order. date of this Order, no individual may individual with unescorted access to If within ninety (90) days of the date of have unescorted access to radioactive radioactive materials quantities of this Order, the Licensee is unable, due materials without a determination by concern, under 10 CFR 2.202, the NRC to circumstances beyond its control, to the T&R Official (based upon finds that the public health and safety complete implementation of this Order, fingerprinting, an FBI identification and

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criminal history records check and a document filed in the proceeding prior installation of the Web browser plug-in, previous trustworthiness and reliability to the submission of a request for is available on the NRC’s public Web determination) that the individual may hearing or petition to intervene, and site at http://www.nrc.gov/site-help/e- have unescorted access to such documents filed by interested submittals.html. materials. governmental entities participating Once a participant has obtained a F. These requirements do not apply to under 10 CFR 2.315(c), must be filed in digital ID certificate and a docket has radioactive material contained in spent accordance with the NRC E-Filing rule, been created, the participant can then nuclear fuel. (72 FR 49139, Aug. 28, 2007). The E- submit a request for hearing or petition Licensee responses to A.1, A.2., A.3. Filing process requires participants to for leave to intervene. Submissions and A.4., above shall be submitted to submit and serve all adjudicatory should be in Portable Document Format the Director, Division of Waste documents over the internet, or in some (PDF) in accordance with NRC guidance Management and Environmental cases to mail copies on electronic available on the NRC public Web site at Protection, Office of Federal and State storage media. Participants may not http://www.nrc.gov/site-help/e- Materials and Environmental submit paper copies of their filings submittals.html. A filing is considered Management Programs, U.S. Nuclear unless they seek an exemption in complete at the time the documents are Regulatory Commission, Washington, accordance with the procedures submitted through the NRC’s E-Filing DC 20555. Licensee responses shall be described below. system. To be timely, an electronic marked as ‘‘Withhold Under 10 CFR To comply with the procedural filing must be submitted to the E-Filing 2.390.’’ requirements of E-Filing, at least ten system no later than 11:59 p.m. Eastern The Director, Division of Waste (10) days prior to the filing deadline, the Time on the due date. Upon receipt of Management and Environmental participant should contact the Office of a transmission, the E-Filing system Protection, Office of Federal and State the Secretary by e-mail at time-stamps the document and sends Materials and Environmental [email protected], or by telephone the submitter an e-mail notice Management Programs, may, in writing, at (301) 415–1677, to request (1) a confirming receipt of the document. The relax or rescind any of the above digital ID certificate, which allows the E-Filing system also distributes an e- conditions upon demonstration of good participant (or its counsel or mail notice that provides access to the cause by the Licensee. representative) to digitally sign document to the NRC Office of the IV documents and access the E-Submittal General Counsel and any others who server for any proceeding in which it is have advised the Office of the Secretary In accordance with 10 CFR 2.202, the participating; and (2) advise the that they wish to participate in the Licensee must, and any other person Secretary that the participant will be proceeding, so that the filer need not adversely affected by this Order may, submitting a request or petition for serve the documents on those submit an answer to this Order within hearing (even in instances in which the participants separately. Therefore, twenty five (25) days of the date of this participant, or its counsel or applicants and other participants (or Order. In addition, the Licensee and any representative, already holds an NRC- their counsel or representative) must other person adversely affected by this issued digital ID certificate). Based upon apply for and receive a digital ID Order may request a hearing of this this information, the Secretary will certificate before a hearing request/ Order within twenty five (25) days of establish an electronic docket for the petition to intervene is filed so that they the date of the Order. Where good cause hearing in this proceeding if the can obtain access to the document via is shown, consideration will be given to Secretary has not already established an the E-Filing system. extending the time to request a hearing. electronic docket. A person filing electronically using A request for extension of time must be Information about applying for a the agency’s adjudicatory E-Filing made, in writing, to the Director, digital ID certificate is available on system may seek assistance by Division of Waste Management and NRC’s public website at http:// contacting the NRC Meta-System Help Environmental Protection, Office of www.nrc.gov/site-help/e-submittals/ Desk through the ‘‘Contact Us’’ link Federal and State Materials and apply-certificates.html. System located on the NRC Web site at http:// Environmental Management Programs, requirements for accessing the E- www.nrc.gov/site-help/e- U.S. Nuclear Regulatory Commission, Submittal server are detailed in NRC’s submittals.html, by e-mail at Washington, DC 20555, and include a ‘‘Guidance for Electronic Submission,’’ [email protected], or by a toll- statement of good cause for the which is available on the agency’s free call at (866) 672–7640. The NRC extension. public Web site at http://www.nrc.gov/ Meta-System Help Desk is available The answer may consent to this site-help/e-submittals.html. Participants between 8 a.m. and 8 p.m., Eastern Order. If the answer includes a request may attempt to use other software not Time, Monday through Friday, for a hearing, it shall, under oath or listed on the website, but should note excluding government holidays. affirmation, specifically set forth the that the NRC’s E-Filing system does not Participants who believe that they matters of fact and law on which the support unlisted software, and the NRC have a good cause for not submitting Licensee relies and the reasons as to Help Desk will not be able to offer documents electronically must file an why the Order should not have been assistance in using unlisted software. exemption request, in accordance with issued. If a person other than the If a participant is electronically 10 CFR 2.302(g), with their initial paper Licensee requests a hearing, that person submitting a document to the NRC in filing requesting authorization to shall set forth with particularity the accordance with the E-Filing rule, the continue to submit documents in paper manner in which his interest is participant must file the document format. Such filings must be submitted adversely affected by this Order and using the NRC’s on-line, web-based by: (1) First class mail addressed to the shall address the criteria set forth in 10 submission form. In order to serve Office of the Secretary of the CFR 2.309(d). documents through EIE, users will be Commission, U.S. Nuclear Regulatory All documents filed in NRC required to install a web browser plug- Commission, Washington, DC 20555– adjudicatory proceedings, including a in from the NRC Web site. Further 0001, Attention: Rulemaking and request for hearing, a petition for leave information on the web-based Adjudications Staff; or (2) courier, to intervene, any motion or other submission form, including the express mail, or expedited delivery

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service to the Office of the Secretary, Pursuant to 10 CFR 2.202(c)(2)(i), the License No.: DPR–21 Sixteenth Floor, One White Flint North, Licensee may, in addition to requesting Docket No.: 050–00245 11555 Rockville Pike, Rockville, a hearing, at the time the answer is filed Maryland 20852, Attention: Rulemaking or sooner, move the presiding officer to Nuclear Ship Savannah and Adjudications Staff. Participants set aside the immediate effectiveness of U. S. Department of Transportation filing a document in this manner are the Order on the ground that the Order, License No.: NS–1 responsible for serving the document on including the need for immediate Docket No.: 050–00238 all other participants. Filing is effectiveness, is not based on adequate considered complete by first-class mail evidence but on mere suspicion, Peach Bottom 1 as of the time of deposit in the mail, or unfounded allegations, or error. Exelon Nuclear by courier, express mail, or expedited In the absence of any request for License No.: DPR–12 delivery service upon depositing the hearing, or written approval of an Docket No.: 050–00171 document with the provider of the extension of time in which to request a Rancho Seco service. A presiding officer, having hearing, the provisions specified in granted an exemption request from Section III above shall be final twenty- Sacramento Municipal Utility District using E-Filing, may require a participant five (25) days from the date of this Order License No.: DPR–54 or party to use E-Filing if the presiding without further order or proceedings. If Docket No.: 050–00312 officer subsequently determines that the an extension of time for requesting a San Onofre 1 reason for granting the exemption from hearing has been approved, the use of E-Filing no longer exists. provisions specified in Section III shall Southern California Edison Documents submitted in adjudicatory be final when the extension expires if a License No.: DPR–13 proceedings will appear in NRC’s hearing request has not been received. Docket No.: 050–00206 electronic hearing docket which is An answer or a request for hearing TMI 2 available to the public at http:// shall not stay the immediate FirstEnergy Corporation ehd.nrc.gov/EHD_Proceeding/home.asp, effectiveness of this order. License No.: DPR–73 unless excluded pursuant to an order of Dated this 23rd day of November 2009. Docket No.: 050–00320 the Commission, or the presiding For the Nuclear Regulatory Commission. officer. Participants are requested not to Larry W. Camper, Zion 1 & 2 include personal privacy information, Director, Division of Waste Management and Exelon Generation Company, LLC such as social security numbers, home Environmental Protection, Office of Federal License No.: DPR–39 and DPR–48 addresses, or home phone numbers in and State Materials and Environmental Docket No.: 050–00295 and 050–00304 their filings, unless an NRC regulation Management Programs. or other law requires submission of such Attachment 1: Specific Requirements information. With respect to Attachment A:—Increased Controls Pertaining to Fingerprinting and Criminal copyrighted works, except for limited Licensee List History Records Checks excerpts that serve the purpose of the EA–09–204 1. Each Licensee subject to the provisions adjudicatory filings and would of this attachment shall fingerprint each constitute a Fair Use application, Dresden 1 individual who is seeking or permitted unescorted access to risk significant participants are requested not to include Exelon Generation Company, LLC radioactive materials equal to or greater than copyrighted materials in their License No.: DPR–2 the quantities listed in Attachment B to the submission. Docket No. : 050–00010 IC Order (EA–09–204). The Licensee shall Documents submitted in adjudicatory Fermi 1 review and use the information received from proceedings will appear in NRC’s the Federal Bureau of Investigation (FBI) electronic hearing docket which is Detroit Edison Company identification and criminal history records available to the public at http:// License No.: DPR–9 check and ensure that the provisions ehd.nrc.gov/EHD_Proceeding/home.asp, Docket No. : 050–00016 contained in the subject Order and this attachment are satisfied. unless excluded pursuant to an order of GE BWR 2. The Licensee shall notify each affected the Commission, an Atomic Safety and individual that the fingerprints will be used Licensing Board, or a Presiding Officer. General Electric Company License No.: DPR–1 to secure a review of his/her criminal history Participants are requested not to include record and inform the individual of the Docket No. : 050–00018 personal privacy information, such as procedures for revising the record or social security numbers, home Humboldt 3 including an explanation in the record, as addresses, or home phone numbers in specified in the ‘‘Right to Correct and Pacific Gas and Electric Company Complete Information’’ section of this their filings. With respect to copyrighted License No.: DPR–7 works, except for limited excerpts that attachment. Docket No.: 050–00133 3. Fingerprints for unescorted access need serve the purpose of the adjudicatory not be taken if an employed individual (e.g., filings and would constitute a Fair Use Indian Point-1 a Licensee employee, contractor, application, Participants are requested Entergy Nuclear Operations manufacturer, or supplier) is relieved from not to include copyrighted materials in License No.: DPR–5 the fingerprinting requirement by 10 CFR their works. Docket No.: 050–00003 73.61, or any person who has been favorably- If a hearing is requested by the decided by a U.S. Government program Licensee or a person whose interest is Lacrosse involving fingerprinting and an FBI adversely affected, the Commission will identification and criminal history records Dairyland Power Cooperative check (e.g. National Agency Check, issue an Order designating the time and License No.: DPR–45 Transportation Worker Identification place of any hearing. If a hearing is held Docket No.: 050–00409 Credentials in accordance with 49 CFR Part the issue to be considered at such Millstone 1 1572, Bureau of Alcohol Tobacco Firearms hearing shall be whether this Order and Explosives background checks and should be sustained. Dominion Nuclear Connecticut, Inc. clearances in accordance with 27 CFR Part

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555, Health and Human Services security risk A Licensee shall not use information who have a need to access the information assessments for possession and use of select received from a criminal history check in performing assigned duties in the process agents and toxins in accordance with 42 CFR obtained pursuant to this Order in a manner of determining unescorted access to certain Part 73, Hazardous Material security threat that would infringe upon the rights of any radioactive material. No individual assessment for hazardous material individual under the First Amendment to the authorized to have access to the information endorsement to commercial drivers license in Constitution of the United States, nor shall may re-disseminate the information to any accordance with 49 CFR Part 1572, Customs the Licensee use the information in any way other individual who does not have a need- and Border Patrol’s Free and Secure Trade which would discriminate among to-know. Program 1) within the last five (5) calendar individuals on the basis of race, religion, 3. The personal information obtained on an years, or any person who has an active national origin, sex, or age. individual from a criminal history record federal security clearance (provided in the check may be transferred to another Licensee Right To Correct and Complete Information latter two cases that they make available the if the Licensee holding the criminal history appropriate documentation 2). Written Prior to any final adverse determination, record check receives the individual’s confirmation from the Agency/employer the Licensee shall make available to the written request to re-disseminate the which granted the federal security clearance individual the contents of any criminal information contained in his/her file, and the or reviewed the FBI criminal history records records obtained from the FBI for the purpose gaining Licensee verifies information such as results based upon a fingerprint of assuring correct and complete information. the individual’s name, date of birth, social identification check must be provided. The Written confirmation by the individual of security number, sex, and other applicable Licensee must retain this documentation for receipt of this notification must be physical characteristics for identification a period of three (3) years from the date the maintained by the Licensee for a period of purposes. individual no longer requires unescorted one (1) year from the date of the notification. 4. The Licensee shall make criminal access to certain radioactive material If, after reviewing the record, an individual history records, obtained under this section, associated with the Licensee’s activities. believes that it is incorrect or incomplete in available for examination by an authorized 4. All fingerprints obtained by the Licensee any respect and wishes to change, correct, or representative of the NRC to determine pursuant to this Order must be submitted to update the alleged deficiency, or to explain compliance with the regulations and laws. the Commission for transmission to the FBI. any matter in the record, the individual may 5. The Licensee shall retain all fingerprint Additionally, the Licensee shall submit a initiate challenge procedures. These and criminal history records from the FBI, or certification of the trustworthiness and procedures include either direct application a copy if the individual’s file has been reliability of the T&R Official as determined by the individual challenging the record to transferred, for three (3) years after in accordance with paragraph B.2 of this the agency (i.e., law enforcement agency) that termination of employment or determination Order. The Licensee shall review the contributed the questioned information, or of unescorted access to certain radioactive information received from the FBI and direct challenge as to the accuracy or material (whether unescorted access was consider it, in conjunction with the completeness of any entry on the criminal approved or denied). After the required three trustworthiness and reliability requirements history record to the Federal Bureau of (3) year period, these documents shall be of the IC Order, in making a determination Investigation, Criminal Justice Information destroyed by a method that will prevent whether to grant unescorted access to certain Services (CJIS) Division, ATTN: SCU, reconstruction of the information in whole or radioactive materials. Mod.D–2, 1000 Custer Hollow Road, in part. Clarksburg, WV 26306 (as set forth in 28 CFR 5. The Licensee shall use any information [FR Doc. E9–29653 Filed 12–11–09; 8:45 am] obtained as part of a criminal history records Part 16.30 through 16.34). In the latter case, check solely for the purpose of determining the FBI forwards the challenge to the agency BILLING CODE 7590–01–P an individual’s suitability for unescorted that submitted the data and requests that access to risk significant radioactive agency to verify or correct the challenged materials equal to or greater than the entry. Upon receipt of an Official NUCLEAR REGULATORY quantities listed in Attachment B. communication directly from the agency that COMMISSION 6. The Licensee shall document the basis contributed the original information, the FBI for its determination whether to grant, or CJIS Division makes any changes necessary [EA–09–204; NRC–2009–0543] continue to allow unescorted access to risk in accordance with the information supplied significant radioactive materials equal to or by that agency. The Licensee must provide at In the Matter of: Licensees Authorized greater than the quantities listed in least ten (10) days for an individual to To Possess Radioactive Material Attachment B. initiate an action challenging the results of an Quantities of Concern; Order Imposing FBI identification and criminal history Prohibitions Increased Controls (Effective records check after the record is made Immediately) A Licensee shall not base a final available for his/her review. The Licensee determination to deny an individual may make a final unescorted access to certain I unescorted access to certain radioactive radioactive material determination based material solely on the basis of information upon the criminal history record only upon The Licensees identified in received from the FBI involving: an arrest receipt of the FBI’s ultimate confirmation or Attachment A to this Order hold more than one (1) year old for which there correction of the record. Upon a final adverse licenses issued in accordance with the is no information of the disposition of the determination on unescorted access to Atomic Energy Act of 1954 by the U.S. case, or an arrest that resulted in dismissal certain radioactive material, the Licensee Nuclear Regulatory Commission (NRC of the charge or an acquittal. shall provide the individual its documented or Commission) authorizing them to basis for denial. Unescorted access to certain radioactive material shall not be granted to possess certain quantities of radioactive 1 The FAST program is a cooperative effort material of concern. Under NRC between the Bureau of Customs and Border Patrol an individual during the review process. regulations, Licensees must take and the governments of Canada and Mexico to Protection of Information coordinate processes for the clearance of measures to ensure the security and commercial shipments at the U.S.-Canada and U.S.- 1. Each Licensee who obtains a criminal control of such material. Among these Mexico borders. Participants in the FAST program, history record on an individual pursuant to regulations, 10 CFR 20.1801 requires which requires successful completion of a this Order shall establish and maintain a background records check, may receive expedited Licensees to secure from unauthorized system of files and procedures for protecting removal or access licensed materials entrance privileges at the northern and southern the record and the personal information from borders. unauthorized disclosure. that are stored in controlled or 2 This documentation must allow the T&R Official unrestricted areas, while 10 CFR to verify that the individual has fulfilled the 2. The Licensee may not disclose the unescorted access requirements of Section 149 of record or personal information collected and 20.1802 requires Licensees to control the AEA by submitting to fingerprinting and an FBI maintained to persons other than the subject and maintain constant surveillance of identification and criminal history records check. individual, his/her representative, or to those licensed material that is in a controlled

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or unrestricted area and that is not in unforeseen adverse effect on the safe use safety impact, and either a proposal for storage. and storage of licensed material. achieving the same objectives specified To provide assurance that the in the Attachment C requirement in II Licensees are implementing prudent question, or a schedule for modifying Prior to the terrorist attacks of measures to achieve a consistent level of the facility to address the adverse safety September 11, 2001 (9/11), several control, all Licensees who hold licenses condition. If neither approach is national and international efforts were issued by the NRC authorizing appropriate, the Licensee must underway to address the potentially possession of radioactive material supplement its response to Condition significant health and safety hazards quantities of concern, as listed in Table B.1 of this Order to identify the posed by uncontrolled sources. These 1, ‘‘Radionuclides of Concern’’ condition as a requirement with which efforts recognized the need for increased (Attachment B, Table 1), shall it cannot comply, with attendant control of high-risk radioactive implement the requirements identified justifications as required in Condition materials to prevent both inadvertent in Attachment C to this Order. In B.1. and intentional unauthorized access, addition, pursuant to 10 CFR 2.202, C.1. The Licensee shall, within primarily due to the potential health because of the potentially significant twenty-five (25) days of the date of this and safety hazards posed by the adverse health impacts associated with Order, submit to the Commission a uncontrolled material. Following 9/11, failure to control high-risk radioactive schedule for completion of each it was recognized that these efforts sources, the NRC finds that the public requirement described in Attachment C. should also include a heightened health, safety, and interest require that C.2. The Licensee shall report to the awareness and focus on the need to this Order be effective immediately. Commission when it has achieved full compliance with the requirements prevent intentional unauthorized access III due to potential malicious acts. These described in Attachment C. Accordingly, pursuant to Sections 81, efforts, such as the International Atomic D. Notwithstanding any provisions of 161b, 161i, 161o, 182 and 186 of the Energy Agency Code of Conduct on the the Commission’s regulations to the Atomic Energy Act of 1954, as amended, Safety and Security of Radioactive contrary, all measures implemented or and the Commission’s regulations, Sources concerning Category 1 and 2 actions taken in response to this Order including regulations in 10 CFR Parts 2, sources, sought to increase the control shall be maintained until the 20, 30, 33, 40 and 50, IT IS HEREBY over sources in order to prevent both Commission modifies its regulations to ORDERED, EFFECTIVE IMMEDIATELY, unintended radiation exposure and reflect increased controls. THAT ALL LICENSEES IDENTIFIED IN malicious acts. E. These requirements do not apply to ATTACHMENT A TO THIS ORDER radioactive material contained in spent A Licensee’s loss of control of high- SHALL COMPLY WITH THE nuclear fuel. risk radioactive sources, whether it be REQUIREMENTS OF THIS ORDER AS Licensee responses to Conditions B.1, inadvertent or through a deliberate act, FOLLOWS: B.2, C.1, and C.2 above shall be has the potential to result in significant A. The Licensee shall comply with submitted to the Director, Division of adverse health impacts and could the requirements described in Waste Management and Environmental reasonably constitute a threat to the Attachment C to this Order. The Protection, Office of Federal and State public health and safety. For this Licensee shall complete implementation Materials and Environmental reason, the Commission has determined within ninety (90) days of the date of Management Programs, U.S. Nuclear that Licensees must implement certain this Order, or the first day that Regulatory Commission, Washington, additional controls in order to ensure radionuclides of concern at or above DC 20555. In addition, Licensee’s adequate protection of, and minimize threshold limits, identified in Table 1, responses shall be marked as ‘‘Withhold danger to, public health and safety. are possessed, whichever occurs later. From Public Disclosure Under 10 CFR These additional controls supplement B.1. The Licensee shall in writing, 2.390.’’ existing requirements in the NRC’s within twenty-five (25) days of the date The Director, Division of Waste regulations, including the requirements of this Order, notify the Commission, (1) Management and Environmental in 10 CFR 20.1801 and 10 CFR 20.1802. if it is unable to comply with any of the Protection, Office of Federal and State The Commission is imposing the requirements described in Attachment Materials and Environmental Programs, requirements set forth in Attachment C C, (2) if compliance with any of the may, in writing, relax or rescind any of on decommissioning reactor Licensees requirements is unnecessary in its the above conditions upon who possess, or who plan to acquire in specific circumstances, or (3) if demonstration by the Licensee of good the near future, radionuclides of implementation of any of the cause. concern at or above threshold limits requirements would cause the Licensee identified in Table 1. These to be in violation of the provisions of IV requirements will remain in effect until any Commission regulation or its In accordance with 10 CFR 2.202, the the Commission modifies its regulations license. The notification shall provide Licensee must, and any other person to reflect increased controls. the Licensee’s justification for seeking adversely affected by this Order may, The Commission recognizes that relief from or variation of any specific submit an answer to this Order, and Licensees may have already initiated requirement. may request a hearing on this Order, many controls set forth in Attachment C B.2. If the Licensee considers that within twenty five (25) days of the date to this Order in response to previously implementation of any of the of this Order. If a person other than the issued advisories or on their own requirements described in Attachment C Licensee requests a hearing, that person initiative. The Commission also to this Order would adversely impact shall set forth with particularity the recognizes that some controls may not safe operation of the facility, the manner in which his interest is be possible or necessary at some sites, Licensee must notify the Commission, adversely affected by this Order and and that certain controls may need to be in writing, within twenty-five (25) days shall address the criteria set forth in 10 tailored to accommodate the Licensees’ of this Order, of the adverse safety CFR 2.309(d). Where good cause is specific circumstances, achieve the impact, the basis for its determination shown, consideration will be given to intended objectives, and avoid any that the requirement has an adverse extending the time to request a hearing.

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A request for extension of time in which [email protected], or by telephone the submitter an e-mail notice to submit an answer must be made in at (301) 415–1677, to request (1) a confirming receipt of the document. The writing to the Director, Division of digital ID certificate, which allows the E-Filing system also distributes an e- Waste Management and Environmental participant (or its counsel or mail notice that provides access to the Protection, Office of Federal and State representative) to digitally sign document to the NRC Office of the Materials and Environmental Programs, documents and access the E-Submittal General Counsel and any others who U.S. Nuclear Regulatory Commission, server for any proceeding in which it is have advised the Office of the Secretary Washington, DC 20555, and include a participating; and (2) advise the that they wish to participate in the statement of good cause for the Secretary that the participant will be proceeding, so that the filer need not extension. The answer may consent to submitting a request or petition for serve the documents on those this Order. Unless the answer consents hearing (even in instances in which the participants separately. Therefore, to this Order, the answer shall, in participant, or its counsel or applicants and other participants (or writing and under oath or affirmation, representative, already holds an NRC- their counsel or representative) must specifically set forth the matters of fact issued digital ID certificate). Based upon apply for and receive a digital ID and law on which the Licensee or other this information, the Secretary will certificate before a hearing request/ person adversely affected relies and the establish an electronic docket for the petition to intervene is filed so that they reasons as to why the Order should not hearing in this proceeding if the can obtain access to the document via have been issued. Any answer shall be Secretary has not already established an the E-Filing system. submitted to the Secretary, Office of the electronic docket. A person filing electronically using Secretary of the Commission, U.S. Information about applying for a the agency’s adjudicatory E-Filing Nuclear Regulatory Commission, ATTN: digital ID certificate is available on system may seek assistance by Rulemakings and Adjudications Staff, NRC’s public Web site at http:// contacting the NRC Meta-System Help Washington, DC 20555. Copies also www.nrc.gov/site-help/e-submittals/ Desk through the ‘‘Contact Us’’ link shall be sent to the Director, Division of apply-certificates.html. System located on the NRC Web site at http:// Waste Management and Environmental requirements for accessing the E- www.nrc.gov/site-help/e- Protection, Office of Federal and State Submittal server are detailed in NRC’s submittals.html, by e-mail at Materials and Environmental Programs, ‘‘Guidance for Electronic Submission,’’ [email protected], or by a toll- U.S. Nuclear Regulatory Commission, which is available on the agency’s free call at (866) 672–7640. The NRC Washington, DC 20555, to the Assistant public Web site at http://www.nrc.gov/ Meta-System Help Desk is available General Counsel for Materials Litigation site-help/e-submittals.html. Participants between 8 a.m. and 8 p.m., Eastern and Enforcement at the same address, may attempt to use other software not Time, Monday through Friday, and to the Licensee if the answer is by listed on the Web site, but should note excluding government holidays. a person other than the Licensee. that the NRC’s E-Filing system does not Participants who believe that they Because of possible disruptions in support unlisted software, and the NRC have a good cause for not submitting delivery of mail to United States Help Desk will not be able to offer documents electronically must file an Government offices, it is requested that assistance in using unlisted software. exemption request, in accordance with answers be transmitted to the Secretary If a participant is electronically 10 CFR 2.302(g), with their initial paper of the Commission either by means of submitting a document to the NRC in filing requesting authorization to facsimile transmission to 301–415–1101 accordance with the E-Filing rule, the continue to submit documents in paper and also to the Office of the General participant must file the document format. Such filings must be submitted Counsel either by means of facsimile using the NRC’s on-line, web-based by: (1) First-class mail addressed to the transmission to 301–415–3725 or by e- submission form. In order to serve Office of the Secretary of the mail to [email protected]. documents through EIE, users will be Commission, U.S. Nuclear Regulatory All documents filed in NRC required to install a web browser plug- Commission, Washington, DC 20555– adjudicatory proceedings, including a in from the NRC Web site. Further 0001, Attention: Rulemaking and request for hearing, a petition for leave information on the web-based Adjudications Staff; or (2) courier, to intervene, any motion or other submission form, including the express mail, or expedited delivery document filed in the proceeding prior installation of the web browser plug-in, service to the Office of the Secretary, to the submission of a request for is available on the NRC’s public Web Sixteenth Floor, One White Flint North, hearing or petition to intervene, and site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, documents filed by interested submittals.html. Maryland 20852, Attention: Rulemaking governmental entities participating Once a participant has obtained a and Adjudications Staff. Participants under 10 CFR 2.315(c), must be filed in digital ID certificate and a docket has filing a document in this manner are accordance with the NRC E-Filing rule, been created, the participant can then responsible for serving the document on (72 FR 49139, Aug. 28, 2007). The E- submit a request for hearing or petition all other participants. Filing is Filing process requires participants to for leave to intervene. Submissions considered complete by first-class mail submit and serve all adjudicatory should be in Portable Document Format as of the time of deposit in the mail, or documents over the internet, or in some (PDF) in accordance with NRC guidance by courier, express mail, or expedited cases to mail copies on electronic available on the NRC public Web site at delivery service upon depositing the storage media. Participants may not http://www.nrc.gov/site-help/e- document with the provider of the submit paper copies of their filings submittals.html. A filing is considered service. A presiding officer, having unless they seek an exemption in complete at the time the documents are granted an exemption request from accordance with the procedures submitted through the NRC’s E-Filing using E-Filing, may require a participant described below. system. To be timely, an electronic or party to use E-Filing if the presiding To comply with the procedural filing must be submitted to the E-Filing officer subsequently determines that the requirements of E-Filing, at least ten system no later than 11:59 p.m. Eastern reason for granting the exemption from (10) days prior to the filing deadline, the Time on the due date. Upon receipt of use of E-Filing no longer exists. participant should contact the Office of a transmission, the E-Filing system Documents submitted in adjudicatory the Secretary by e-mail at time-stamps the document and sends proceedings will appear in NRC’s

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electronic hearing docket which is without further order or proceedings. If License No.: DPR–5 available to the public at http:// an extension of time for requesting a Docket No.: 050–00003 ehd.nrc.gov/EHD_Proceeding/home.asp, hearing has been approved, the Lacrosse unless excluded pursuant to an order of provisions specified in Section III shall the Commission, or the presiding be final when the extension expires if a Dairyland Power Cooperative officer. Participants are requested not to hearing request has not been received. License No.: DPR–45 include personal privacy information, AN ANSWER OR A REQUEST FOR Docket No.: 050–00409 such as Social Security numbers, home HEARING SHALL NOT STAY THE Millstone 1 addresses, or home phone numbers in IMMEDIATE EFFECTIVENESS OF THIS their filings, unless an NRC regulation ORDER. Dominion Nuclear Connecticut, Inc. or other law requires submission of such Dated this 23rd day of November 2009. License No.: DPR–21 Docket No.: 050–00245 information. With respect to For the Nuclear Regulatory Commission. copyrighted works, except for limited Larry W. Camper, Nuclear Ship Savannah excerpts that serve the purpose of the adjudicatory filings and would Director, Division of Waste Management and U.S. Department of Transportation Environmental Protection, Office of Federal License No.: NS–1 constitute a Fair Use application, and State Materials and Environmental participants are requested not to include Management Programs. Docket No.: 050–00238 copyrighted materials in their Peach Bottom 1 submission. Attachment A—Increased Controls If a hearing is requested by the Licensee List Exelon Nuclear Licensee or a person whose interest is EA–09–204 License No.: DPR–12 adversely affected, the Commission will Docket No.: 050–00171 Dresden 1 issue an Order designating the time and Rancho Seco place of any hearing. If a hearing is held, Exelon Generation Company, LLC the issue to be considered at such License No.: DPR–2 Sacramento Municipal Utility District hearing shall be whether this Order Docket No.: 050–00010 License No.: DPR–54 Docket No.: 050–00312 should be sustained. Fermi 1 Pursuant to 10 CFR 2.202(c)(2)(i), the San Onofre 1 Licensee may, in addition to demanding Detroit Edison Company a hearing, at the time the answer is filed License No.: DPR–9 Southern California Edison or sooner, move the presiding officer to Docket No.: 050–00016 License No.: DPR–13 Docket No.: 050–00206 set aside the immediate effectiveness of GE BWR the Order on the ground that the Order, General Electric Company TMI 2 including the need for immediate License No.: DPR–1 FirstEnergy Corporation effectiveness, is not based on adequate Docket No.: 050–00018 evidence but on mere suspicion, License No.: DPR–73 unfounded allegations, or error. Humboldt 3 Docket No.: 050–00320 In the absence of any request for Pacific Gas and Electric Company Zion 1 & 2 hearing, or written approval of an License No.: DPR–7 Exelon Generation Company, LLC extension of time in which to request a Docket No.: 050–00133 License No.: DPR–39 and DPR–48 hearing, the provisions specified in Docket No.: 050–00295 and 050–00304 Section III above shall be final twenty- Indian Point-1 five (25) days from the date of this Order Entergy Nuclear Operations Attachment B

TABLE 1—RADIONUCLIDES OF CONCERN

Quantity of Quantity of concern1 Radionuclide concern2 (TBq) (Ci )

Am–241 ...... 0.6 ...... 16 Am–241/Be ...... 0.6 ...... 16 Cf–252 ...... 0.2 ...... 5.4 Cm–244 ...... 0.5 ...... 14 Co–60 ...... 0.3 ...... 8.1 Cs–137 ...... 1 ...... 27 Gd–153 ...... 10 ...... 270 Ir–192 ...... 0.8 ...... 22 Pm–147 ...... 400 ...... 11,000 Pu–238 ...... 0.6 ...... 16 Pu–239/Be ...... 0.6 ...... 16 Ra–226 ...... 0.4 ...... 11 Se–75 ...... 2 ...... 54 Sr–90 (Y–90) ...... 10 ...... 270 Tm–170 ...... 200 ...... 5,400 Yb–169 ...... 3 ...... 81 Combinations of radioactive materials listed above 3 ...... See Footnote Below 4 ...... 1 The aggregate activity of multiple, collocated sources of the same radionuclide should be included when the total activity equals or exceeds the quantity of concern. 2 The primary values used for compliance with this Order are TBq. The curie (Ci) values are rounded to two significant figures for informational purposes only.

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3 Radioactive materials are to be considered aggregated or collocated if breaching a common physical security barrier (e.g., a locked door at the entrance to a storage room) would allow access to the radioactive material or devices containing the radioactive material. 4 If several radionuclides are aggregated, the sum of the ratios of the activity of each source, i of radionuclide, n, A(i,n), to the quantity of con- cern for radionuclide n, Q(n), listed for that radionuclide equals or exceeds one. [(aggregated source activity for radionuclide A) ÷ (quantity of con- cern for radionuclide A)] + [(aggregated source activity for radionuclide B) ÷ (quantity of concern for radionuclide B)] + etc. * * * ≥1

Attachment C—Increased Controls for identification and criminal history with a realistic potential vulnerability of Licensees That Possess Sources records check. The licensee shall also, the sources containing such radioactive Containing Radioactive Material to the extent possible, obtain material. The pre-arranged plan shall be Quantities of Concern independent information to corroborate updated when changes to the facility The purpose of the increased controls that provided by the employee (i.e., design or operation affect the potential seeking references not supplied by the (IC) for radioactive sources is to enhance vulnerability of the sources. Pre- individual). For individuals employed control of radioactive material in arranged LLEA coordination is not by the licensee for longer than three quantities greater than or equal to values required for temporary job sites. years, trustworthiness and reliability c. The licensee shall have a described in Table 1, to reduce the risk shall be determined, at a minimum, by dependable means to transmit of unauthorized use of radioactive a review of the employees’ employment information between, and among, the materials, through access controls to aid history with the licensee and various components used to detect and prevention, and prompt detection, fingerprinting and an FBI identification identify an unauthorized intrusion, to assessment, and response to mitigate and criminal history records check. inform the assessor, and to summon the potentially high consequences that c. All individuals requiring access to appropriate responder. would be detrimental to public health radioactive material quantities of d. After initiating appropriate and safety. These increased controls for concern or devices shall be escorted response to any actual or attempted radioactive sources are established to unless determined to be trustworthy and theft, sabotage, or diversion of delineate licensee responsibility to reliable by an NRC-required background radioactive material or of the devices, maintain control of licensed material investigation. In the case of a service the licensee shall, as promptly as and secure it from unauthorized provider’s employee, the licensee shall possible, notify NRC Operations Center removal or access. The following obtain from the service provider written at (301) 816–5100. increased controls apply to licensees verification attesting to or certifying the e. The licensee shall maintain which, at any given time, possess employee’s trustworthiness and documentation describing each instance radioactive sources greater than or equal reliability before granting unescorted of unauthorized access and any to the quantities of concern of access. necessary corrective actions to prevent radioactive material defined in Table 1. d. The licensee shall document the future instances of unauthorized access. IC 1. In order to ensure the safe basis for concluding that there is IC 3. a. In order to ensure the safe handling, use, and control of licensed reasonable assurance that an individual handling, use, and control of licensed material in use and in storage each granted unescorted access is trustworthy material in transportation for domestic licensee shall control access at all times and reliable, and does not constitute an highway and rail shipments by a carrier to radioactive material quantities of unreasonable risk for unauthorized use other than the licensee, for quantities concern and devices containing such of radioactive material quantities of that equal or exceed those in Table 1 but radioactive material (devices), and limit concern. The licensee shall maintain a are less than 100 times Table 1 access to such radioactive material and list of persons approved for unescorted quantities, per consignment, the devices to only approved individuals access to such radioactive material and licensee shall: who require access to perform their devices by the licensee. 1. Use carriers which: duties. IC 2. In order to ensure the safe A. Use package tracking systems, a. The licensee shall allow only handling, use, and control of licensed B. Implement methods to assure trustworthy and reliable individuals, material in use and in storage, each trustworthiness and reliability of approved in writing by the licensee, to licensee shall have a documented drivers, have unescorted access to radioactive program to monitor and immediately C. Maintain constant control and/or material quantities of concern and detect, assess, and respond to surveillance during transit, and devices. The licensee shall approve for unauthorized access to radioactive D. Have the capability for immediate unescorted access only those material quantities of concern and communication to summon appropriate individuals with job duties that require devices. Enhanced monitoring shall be response or assistance. The licensee access to such radioactive material and provided during periods of source shall verify and document that the devices. Personnel who require access delivery or shipment, where the carrier employ the measures listed to such radioactive material and devices delivery or shipment exceeds 100 times above. to perform a job duty, but who are not the Table 1 values. 2. Contact the recipient to coordinate approved by the licensee for unescorted a. The licensee shall respond the expected arrival time of the access, must be escorted by an approved immediately to any actual or attempted shipment; individual. theft, sabotage, or diversion of such 3. Confirm receipt of the shipment; b. For individuals employed by the radioactive material or of the devices. and licensee for three years or less, and for The response shall include requesting 4. Initiate an investigation to non-licensee personnel, such as assistance from a Local Law determine the location of the licensed physicians, physicists, house-keeping Enforcement Agency (LLEA). material if the shipment does not arrive personnel, and security personnel under b. The licensee shall have a pre- on or about the expected arrival time. contract, trustworthiness and reliability arranged plan with LLEA for assistance When, through the course of the shall be determined, at a minimum, by in response to an actual or attempted investigation, it is determined the verifying employment history, theft, sabotage, or diversion of such shipment has become lost, stolen, or education, and personal references, and radioactive material or of the devices missing, the licensee shall immediately fingerprinting and the review of an FBI which is consistent in scope and timing notify the NRC Operations Center at

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(301) 816–5100. If, after 24 hours of 1. that are only moved outside of the requirements. The policies and investigating, the location of the facility (e.g., on a trailer), have two procedures shall include the following: material still cannot be determined, the independent physical controls that form 1. General performance requirement radioactive material shall be deemed tangible barriers to secure the material that each person who produces, missing and the licensee shall from unauthorized removal when the receives, or acquires the licensee’s immediately notify the NRC Operations device is not under direct control and sensitive information, protect the Center at (301) 816–5100. constant surveillance by the licensee. information from unauthorized b. For domestic highway and rail 2. that are only moved inside a disclosure, shipments, prior to shipping licensed facility, have a physical control that 2. Protection of sensitive information radioactive material that exceeds 100 forms a tangible barrier to secure the during use, storage, and transit, times the quantities in Table 1 per material from unauthorized movement 3. Preparation, identification or consignment, the licensee shall: or removal when the device is not under marking, and transmission, 1. Notify the NRC 1, in writing, at least direct control and constant surveillance 4. Access controls, 90 days prior to the anticipated date of by the licensee. 5. Destruction of documents, shipment. The NRC will issue the Order c. For devices in or on a vehicle or 6. Use of automatic data processing to implement the Additional Security trailer, licensees shall also utilize a systems, and Measures (ASMs) for the transportation method to disable the vehicle or trailer 7. Removal from the licensee’s of Radioactive Material Quantities of when not under direct control and sensitive information category. Concern (RAM QC). The licensee shall constant surveillance by the licensee not ship this material until the ASMs for IC 5. The licensee shall retain [FR Doc. E9–29654 Filed 12–11–09; 8:45 am] the transportation of RAM QC are documentation required by these BILLING CODE 7590–01–P implemented or the licensee is notified increased controls for three years after otherwise, in writing, by NRC. they are no longer effective: 2. Once the licensee has implemented a. The licensee shall retain NUCLEAR REGULATORY the ASMs for the transportation of RAM documentation regarding the COMMISSION QC, the notification requirements of trustworthiness and reliability of [NRC–2009–0549; Docket No. 50–113] 3.b.1 shall not apply to future shipments individual employees for three years of licensed radioactive material that after the individual’s employment ends. Notice and Solicitation of Comments exceeds 100 times the Table 1 b. Each time the licensee revises the Pursuant to 10 CFR 20.1405 and10 CFR quantities. The licensee shall implement list of approved persons required by 50.82(B)(5) Concerning Proposed the ASMs for the transportation of RAM 1.d., or the documented program Action To Decommission the QC. required by 2, the licensee shall retain University of Arizona Reactor Facility c. If a licensee employs an M&D the previous documentation for three licensee to take possession at the years after the revision. Notice is hereby given that the U.S. licensee’s location of the licensed c. The licensee shall retain Nuclear Regulatory Commission (the radioactive material and ship it under documentation on each radioactive Commission) has received an its M&D license, the requirements of 3.a. material carrier for three years after the application from the University of and 3.b above shall not apply. licensee discontinues use of that Arizona to approve a decommissioning d. If the licensee is to receive particular carrier. plan dated May 21, 2009, for the radioactive material greater than or d. The licensee shall retain University of Arizona Nuclear Reactor equal to the Table 1 quantities, per documentation on shipment Laboratory (Facility License No. R–52) consignment, the licensee shall coordination, notifications, and located in Tuscon, Arizona. coordinate with the originator to: investigations for three years after the In accordance with Title 10 of the 1. Establish an expected time of shipment or investigation is completed. Code of Federal Regulations (10 CFR) delivery; and e. After the license is terminated or 20.1405, the Commission is providing 2. Confirm receipt of transferred amended to reduce possession limits notice and soliciting comments from radioactive material. If the material is below the quantities of concern, the local and State governments in the not received at the expected time of licensee shall retain all documentation vicinity of the site and any Indian delivery, notify the originator and assist required by these increased controls for Nation or other indigenous people that in any investigation. three years. have treaty or statutory rights that could IC 4. In order to ensure the safe IC 6. Detailed information generated be affected by the decommissioning. handling, use, and control of licensed by the licensee that describes the This notice and solicitation of material in use and in storage each physical protection of radioactive comments is published pursuant to 10 licensee that possesses mobile or material quantities of concern, is CFR 20.1405, which provides for portable devices containing radioactive sensitive information and shall be publication in the Federal Register and material in quantities greater than or protected from unauthorized disclosure. in a forum, such as local newspapers, equal to Table 1 values, shall: a. The licensee shall control access to letters to State or local organizations, or a. For portable devices, have two its physical protection information to other appropriate forum, that is readily independent physical controls that form those persons who have an established accessible to individuals in the vicinity tangible barriers to secure the material need to know the information, and are of the site. from unauthorized removal when the considered to be trustworthy and Comments should be provided within device is not under direct control and reliable. 30 days of the date of this notice You constant surveillance by the licensee. b. The licensee shall develop, may submit comments by any one of the b. For mobile devices: maintain and implement policies and following methods. Please include procedures for controlling access to, and Docket ID NRC–2009–0549 in the 1 Director, Division of Waste Management and for proper handling and protection subject line of your comments. Environmental Protection, Office of Federal and State Materials and Environmental Programs, U.S. against unauthorized disclosure of, its Comments submitted in writing or in Nuclear Regulatory Commission, Washington, DC physical protection information for electronic form will be posted on the 20555 radioactive material covered by these NRC Web site and on the Federal

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rulemaking Web site Regulations.gov. NUCLEAR REGULATORY action, including the SER and Because your comments will not be COMMISSION accompanying documentation included edited to remove any identifying or in the license package, are available [Docket No. 70–157; NRC–2009–0382] contact information, the NRC cautions electronically at the NRC’s Electronic you against including any information Notice of Renewal of Special Nuclear Reading Room at http://www.nrc.gov/ in your submission that you do not want Material License No. SNM–180 reading-rm/adams.html. From this site, to be publicly disclosed. [University of Texas at Austin] you can access the NRC’s Agencywide The NRC requests that any party Documents Access and Management AGENCY: Nuclear Regulatory System (ADAMS), which provides text soliciting or aggregating comments Commission. and image files of NRC’s public received from other persons for documents. The ADAMS accession submission to the NRC inform those ACTION: Notice of renewal of license. numbers for the documents related to persons that the NRC will not edit their FOR FURTHER INFORMATION CONTACT: this notice are: comments to remove any identifying or Rafael L. Rodriguez, Project Manager, contact information, and therefore, they (a) ML080240243: Non-Sensitive Fuel Manufacturing Branch, Division of should not include any information in License Renewal Application for SNM– Fuel Cycle Safety and Safeguards, Office their comments that they do not want 180 (License No. SNM–180; Docket No. of Nuclear Material Safety and publicly disclosed. 70–157). Safeguards, U.S. Nuclear Regulatory (b) ML080420575: Acceptance of the Federal Rulemaking Web site: Go to Commission, Rockville, MD 20852. University of Texas-Austin’s License http://www.regulations.gov and search Telephone: (301) 492–3111; Fax Renewal Application and Notice of for documents filed under Docket ID number: (301) 492–3363; E-mail: Timely Renewal Status (TAC L32659). NRC–2009–0549. Address questions [email protected]. (c) ML092030533: Revised Non- about NRC dockets to Carol Gallagher SUPPLEMENTARY INFORMATION: Sensitive License Renewal Application 301–492–3668; e-mail for SNM–180. [email protected]. I. Introduction (d) ML093030057: SER in Support of Mail comments to: Michael T. Lesar, By letter dated December 13, 2007, License Renewal Application (Public Chief, Rulemaking and Directives the Nuclear Engineering Teaching Version). Branch (RDB), Division of Laboratory (NETL) at the University of (e) ML093030056: Special Nuclear Administrative Services, Office of Texas at Austin (UTX–A) requested the Materials License No. SNM–180 (Public Administration, Mail Stop: TWB–05– renewal of Special Nuclear Material Version). B01M, U.S. Nuclear Regulatory License No. SNM–180. Pursuant to Title If you do not have access to ADAMS, Commission, Washington, DC 20555– 10 of the Code of Federal Regulations or if there are problems in accessing the 0001, or by fax to RDB at (301) 492– (10 CFR), Section 2.106, the U.S. documents located in ADAMS, contact 3446. Nuclear Regulatory Commission (NRC) the NRC Public Document Room (PDR) Reference staff at 1–800–397–4209, 301– Further, in accordance with 10 CFR is providing notice that Special Nuclear Material License No. SNM–180, which 415–4737 or by e-mail to 50.82(b)(5), notice is also provided to [email protected]. interested persons of the Commission’s authorizes the NETL at the UTX–A to receive title to, own, acquire, receive, These documents may also be viewed intent to approve the plan by electronically on the public computers amendment, subject to such conditions possess, use, and transfer plutonium and uranium enriched up to 20% by located at the NRC’s Public Document and limitations as it deems appropriate Room (PDR), O–1 F21, One White Flint and necessary, if the plan demonstrates weight, has been renewed for a period of 10 years. The NETL’s request for the North, 11555 Rockville Pike, Rockville, that decommissioning will be performed MD 20852. The PDR reproduction in accordance with the regulations in proposed renewed license was previously noticed, and an opportunity contractor will copy documents for a this chapter and will not be inimical to fee. the common defense and security or to to request a hearing provided, in the Federal Register on September 10, 2009 Dated at Rockville, MD this 5th day of the health and safety of the public. (74 FR 46626). No requests for a hearing December 2009. A copy of the application (Accession were received. The proposed licensing For the Nuclear Regulatory Commission. Number ML091490076) is available action was categorically excluded under Peter J. Habighorst, electronically for public inspection in 10 CFR 51.22(c)(14)(v) from the Chief, Fuel Manufacturing Branch, Division the NRC Public Document Room or from requirements to prepare an of Fuel Cycle Safety and Safeguards, Office the Publicly Available Records Environmental Assessment or an of Nuclear Material Safety and Safeguards. component of the NRC’s Agencywide Environmental Impact Statement. [FR Doc. E9–29656 Filed 12–11–09; 8:45 am] Documents Access and Management This license complies with the BILLING CODE 7590–01–P System (ADAMS). ADAMS is accessible standards and requirements of the from the NRC Web site at (the Public Atomic Energy Act of 1954, as amended, Electronic Reading Room) http:// and NRC’s rules and regulations as set SMALL BUSINESS ADMINISTRATION www.nrc.gov/reading-rm/adams.html. forth in 10 CFR Chapter 1. Accordingly, [Disaster Declaration #11960 and #11961] Dated at Rockville, Maryland, this 30th day this license was renewed on November of November, 2009. 13, 2009, and is effective immediately. Arkansas Disaster #AR–00038 For the Nuclear Regulatory Commission. II. Further Information AGENCY: U.S. Small Business Kathryn M. Brock, The NRC has prepared a Safety Administration. Chief, Research and Test Reactors Branch Evaluation Report (SER) that documents ACTION: Notice. A, Division of Policy and Rulemaking, Office the information that was reviewed and of Nuclear Reactor Regulation. the NRC’s conclusion. In accordance SUMMARY: This is a Notice of the [FR Doc. E9–29659 Filed 12–11–09; 8:45 am] with 10 CFR 2.390 of the NRC’s ‘‘Rules Presidential declaration of a major BILLING CODE 7590–01–P of Practice,’’ details with respect to this disaster for Public Assistance Only for

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the State of Arkansas (FEMA–1861–DR), SMALL BUSINESS ADMINISTRATION structure of the Export Express Loan dated 12/03/2009. Pilot Program. Incident: Severe Storms, Tornadoes, Export Express Pilot Program In prior years, the Agency stated that it would complete an analysis of this and Flooding. AGENCY: U.S. Small Business program to help determine its long-term Incident Period: 10/29/2009 and Administration (SBA). viability. This analysis primarily continuing. ACTION: Notice of Pilot Program includes lender and borrower Effective Date: 12/03/2009. extension. participation in the program as well as Physical Loan Application Deadline SUMMARY: This notice announces the portfolio performance. Because this year Date: 02/01/2010. extension of SBA’s Export Express Pilot the program was changed through Economic Injury (EIDL) Loan Program until December 31, 2010. This Recovery Act provisions that reduced Application Deadline Date: 09/03/2010. extension will allow time for the program fees and increased guarantees, ADDRESSES: Submit completed loan Agency to further market and evaluate the Agency is unable to separate applications to: U.S. Small Business this specific loan program for exporters baseline program statistics from this Administration, Processing and and analyze the Program’s performance year’s special circumstances and is Disbursement Center, 14925 Kingsport during the next 12 months. therefore providing an additional pilot Road, Fort Worth, TX 76155. DATES: The Export Express Pilot year to review performance. Program is extended under this notice Authority: 13 CFR 120.3. FOR FURTHER INFORMATION CONTACT: until December 31, 2010. Michael Mitravich, Office of Disaster Richard Blewett, Assistance, U.S. Small Business FOR FURTHER INFORMATION CONTACT: Patrick Tunison, Office of International Acting Director, Office of Financial Administration, 409 3rd Street, SW., Assistance. Suite 6050, Washington, DC 20416. Trade, U.S. Small Business Administration, 409 Third Street, SW., [FR Doc. E9–29673 Filed 12–11–09; 8:45 am] SUPPLEMENTARY INFORMATION: Notice is Washington, DC 20416; Telephone (202) BILLING CODE 8025–01–P hereby given that as a result of the 205–7429; [email protected]. President’s major disaster declaration on SUPPLEMENTARY INFORMATION: SMALL BUSINESS ADMINISTRATION 12/03/2009, Private Non-Profit Established in 1998, the Export Express organizations that provide essential Pilot Program assists current and SBA North Florida District Advisory services of governmental nature may file prospective small business exporters, Council disaster loan applications at the address particularly those needing revolving listed above or other locally announced lines of credit. Export Express is an SBA AGENCY: U.S. Small Business locations. Pilot Program under the Agency’s 7(a) Administration. The following areas have been lending program that extends a ACTION: Notice of open Federal Advisory determined to be adversely affected by streamlined process to small business Committee meeting. the disaster: exporters and their lenders. The SUMMARY: The SBA is issuing this notice Primary Counties: Boone, Bradley, maximum loan amount under this Program is $250,000. The pilot was to announce the location, date, time, Calhoun, Carroll, Cleburne, and agenda for the next meeting of the Cleveland, Columbia, Conway, scheduled to end on December 31, 2009. This notice announces the extension of SBA North Florida District Advisory Cross, Dallas, Franklin, Fulton, Council. The meeting will be open to Grant, Izard, Jackson, Johnson, SBA’s Export Express Pilot Program until December 31, 2010. the public. Lafayette, Lawrence, Lincoln, DATES: The meeting will be held on Logan, Marion, Monroe, Nevada, SBA estimates that small business exports grew by 58% from 2002 to 2007, Thursday, January 14, 2010 from 11:30 Newton, Ouachita, Poinsett, Prairie, a.m. to 2 p.m. Eastern Standard Time. Pulaski, Randolph, Saint Francis, from $300 billion to $475 billion ADDRESSES: The meeting will be held at Scott, Sharp, Stone, Union, Van (Source: SBA, Bureau of Economic the Disney Entrepreneur Center, 315 Buren, White, Woodruff. Analysis GDP data and Census Bureau A Profile of US Exporting Companies). East Robinson St., Orlando, FL 32801. The Interest Rates are: Almost a quarter of a million small SUPPLEMENTARY INFORMATION: Pursuant businesses export, and they account for to section 10(a)(2) of the Federal Percent 29 percent of all U.S. exports (Source: Advisory Committee Act (5 U.S.C., Other (Including Non-Profit Orga- A Profile of US Exporting Companies, Appendix 2), SBA announces the nizations) With Credit Available Census Bureau). Designed to serve the meeting of the SBA North Florida Elsewhere ...... 3.625 particular capital needs of small District Advisory Council. The SBA Businesses and Non-Profit Orga- business exporters, the number of North Florida District Advisory Council nizations Without Credit Avail- Export Express loans approved in 2009 is tasked with providing advice and able Elsewhere ...... 3.000 was double those closed in 2008 (227 opinions to SBA regarding the versus 104) and the approved loan effectiveness of and need for SBA The number assigned to this disaster dollar amount increased by more than programs, particularly within North for physical damage is 11960B and for 91% ($15M versus $8M). In addition, Florida and for listening to what is economic injury is 11961B. the number of lenders delegated the currently happening in the Florida (Catalog of Federal Domestic Assistance authority to use expedited loan small business community. Numbers 59002 and 59008) processing was increased by five in The purpose of the meeting is to 2009. These indicators reflect an discuss with the council the current James E. Rivera, increasing utility and need for the status of small business across North Acting Associate Administrator for Disaster Export Express Program. Extension of Florida and to discuss the agency status, Assistance. this pilot program through December 31, especially in regards to ARRA updates. [FR Doc. E9–29596 Filed 12–11–09; 8:45 am] 2010 will enable the Agency to analyze The agenda includes: An overview of BILLING CODE 8025–01–P performance and refine the elements/ the status of the SBA as an agency from

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Wilfredo J. Gonzalez, SBA District DATES: See SUPPLEMENTARY INFORMATION I. Background Director, as well as a luncheon/meeting section for meeting dates. On October 28, 2009 (74 FR 55694– to hear from the members of the council ADDRESSES: 1. New York, NY—Jacob 01), SBA issued a Notice of Proposed and to hear from the SBA staff on SBA Javitz Federal Bldg, 26 Federal Plaza, updates for the District. Rulemaking (NPRM). In that document, 6th Floor Conference Center—Room D, SBA proposed to make a number of FOR FURTHER INFORMATION CONTACT: The New York, New York 10278. (Visitors changes to the regulations governing the meeting is open to the public, however, will be subject to a security screening advance notice of attendance is 8(a) BD Program Regulations and several and might be required to present valid changes to its Small Business Size requested. Anyone wishing to attend photo identification.) and/or make a presentation to the SBA Regulations. Some of the changes 2. Seattle, Washington—South Seattle involve technical issues. Other changes North Florida District Advisory Council Community College’s Georgetown must contact Lola Kress by January 11, are more substantive and result from Campus, Building C—Gene J. Colin Ed. SBA’s experience in implementing the 2010, by fax or e-mail in order to be Bldg, 6737 Corson Avenue South, placed on the agenda. Lola Kress, current regulations. In addition to Seattle, WA 98108. written comments, SBA is requesting Business Development Specialist, SBA 3. Boston, Massachusetts—Tip O’Neil North Florida District Office, oral comments on the various Federal Bldg, 1st Floor Auditorium, 10 approaches for the proposed changes. [email protected], (904) 443–1933, fax Causeway Street, Boston, MA 02222. (202) 481–4188. (Visitors will be subject to a security II. Public Hearings Additionally, if you need screening and might be required to accommodations because of a disability The public meeting format will present valid photo identification.) or require additional information, please consist of a panel of SBA contact Lola Kress, Business 4. Dallas, Texas—University of Texas representatives who will preside over Development Specialist, SBA North In Arlington—Riverbend Campus, 7300 the session. The oral and written Florida District Office, Jack Newell Blvd South, Fort Worth, testimony will become part of the [email protected], (904) 443–1933. Texas 76118. administrative record for SBA’s 5. Atlanta, Georgia—Sam Nunn consideration. Written testimony may Dated: December, 8, 2009. Federal Center, Conference Level, 61 Susan Walthall, be submitted in lieu of oral testimony. Forysth Street, SW., Atlanta, GA 30303. SBA will analyze the testimony, both SBA Committee Management Officer. (Visitors will be subject to a security oral and written, along with any written [FR Doc. E9–29590 Filed 12–11–09; 8:45 am] screening and might be required to comments received. SBA officials may BILLING CODE 8025–01–P present valid photo identification.) ask questions of a presenter to clarify or 6. Albuquerque, NM—Central New further explain the testimony. The Mexico Community College, Smith SMALL BUSINESS ADMINISTRATION purpose of the public meetings is to Brasher Hall of, 525 Buena Vista Dr., allow the general public to comment on SE., Albuquerque, NM 87106. Small Business Size Regulations; 8(a) SBA’s proposed rulemaking. SBA Business Development/Small 7. Chicago, Illinois—SBA Illinois requests that the comments focus on the Disadvantaged Business Status District Office, 500 West Madison proposed changes as stated in the Determinations Street, Suite 1250—Conference Room A, NPRM. SBA requests that commentors Chicago, IL 60661. (Visitors will be do not raise issues pertaining to other AGENCY: U.S. Small Business subject to a security screening and SBA small business programs. Administration. might be required to present valid photo Presenters may provide a written copy ACTION: Notice of public meetings; identification.) of their testimony. SBA will accept request for comments. Send all written comments to Mr. written material that the presenter Joseph Loddo, Associate Administrator wishes to provide that further SUMMARY: The U.S. Small Business for Business Development, U.S. Small supplements his or her testimony. Administration (SBA) announces it is Business Administration, 409 3rd Street, Electronic or digitized copies are holding a series of public meetings on SW., Washington, DC 20416. encouraged. the topic of the proposed changes to the 8(a) Business Development (BD) FOR FURTHER INFORMATION CONTACT: If SBA will hold additional public Program Regulations and Small you have any questions on this meetings before the close of the Business Size Regulations. Testimony proposed rulemaking, call or e-mail comment period for this rulemaking. In and comments presented at the public LeAnn Delaney, Deputy Associate conjunction with the public meetings comment meetings will become part of Administrator, Office of Business SBA is conducting tribal consultations the administrative record as comments Development, at (202) 205–5852, or prior to the end of the comment period addressing the proposed changes to the [email protected]. If you have any for the proposed rulemaking. The regulations pertaining to the 8(a) BD questions about registering or attending meeting notice for these tribal program and small business size the public meeting please contact Ms. consultations was published in the standards. In conjunction with the Latrice Andrews, SBA’s Office of Federal Register on December 7, 2009 public meetings SBA is conducting Business Development at (202) 205– (74 FR 64026). tribal consultations prior to the end of 5852, or [email protected], or by The public meetings will be held on the comment period for the proposed facsimile to (202) 481–4042. the dates listed below for each location rulemaking. SUPPLEMENTARY INFORMATION: from 9 a.m. to 4 p.m. each day.

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VENUE INFORMATION

Registration Location Address Hearing date closing date

New York, NY ...... Jacob Javitz Federal Bldg, 26 Federal Plaza, 6th Floor Wednesday, December 16, Friday, December 11, Conference Center—Room D, New York, New York 2009. 2009. 10278 *. Seattle, Washington ...... South Seattle Community College’s Georgetown Cam- Thursday, December 17, Monday, December 14, pus, Building C—Gene J. Colin Ed. Bldg, 6737 2009. 2009. Corson Avenue South, Seattle, WA 98108. Boston, Massachusetts ...... Tip O’Neil Federal Bldg, 1st Floor Auditorium, 10 Friday, December 18, 2009 Monday, December 14, Causeway Street, Boston, MA 02222 *. 2009. Dallas, Texas ...... University of Texas In Arlington—Riverbend Campus, Monday, January 11, 2010 Monday, January 4, 2010. 7300 Jack Newell Blvd South, Fort Worth, Texas 76118. Atlanta, Georgia...... Sam Nunn Federal Center, Conference Level, 61 Tuesday, January 12, 2010 Monday, January 4, 2010. Forysth Street, SW., Atlanta, GA 30303 *. Albuquerque, NM...... Central New Mexico Community College, Smith Friday, January 15, 2010 .. Monday, January 4, 2010. Brasher Hall of, 525 Buena Vista Dr., SE., Albu- querque, NM 87106. Chicago, Illinois ...... SBA Illinois District Office, 500 West Madison Street, Tuesday, January 19, 2010 Monday, January 11, 2010. Suite 1250—Conference Room A, Chicago, IL, 60661 *. * Visitors will be subject to a security screening and might be required to present valid photo identification.

Registration requests must be received Authority: 15 U.S.C. 632, 634(b)(6), 636(b), U.S.C. 80a–1 et seq.) (‘‘Investment on or before the respective deadline by 637(a), 644 and 662(5); and Pub. L. 105–135, Company Act’’) and Section 13(a) or 5 p.m., Eastern Standard Time. sec. 401 et seq., 111 Stat. 2592. 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). Pursuant to III. Registration Joseph P. Loddo, Associate Administrator for Business Rule 30b1–5 under the Investment Any individual interested in Development. Company Act, funds are required to file attending and making an oral [FR Doc. E9–29588 Filed 12–11–09; 8:45 am] with the Commission quarterly reports on Form N–Q, not more than 60 days presentation shall pre-register in BILLING CODE 8025–01–P after the close of the first and third advance with SBA. Registration requests quarters of each fiscal year, containing must be received by SBA no later than their complete portfolio holdings. 5 p.m., Eastern Standard Time. Please SECURITIES AND EXCHANGE Form N–Q contains collection of see registration information in this COMMISSION information requirements. The section for specific dates. Please contact Proposed Collection; Comment respondents to this information Ms. Latrice Andrews of SBA’s Office of Request collection are management investment Business Development in writing to companies subject to Rule 30b1–5 under register at [email protected] or Upon Written Request, Copies Available the Investment Company Act. by facsimile to (202) 481–4042. Please From: Securities and Exchange Approximately 8,000 portfolios are include the following information Commission, Office of Investor required to file reports on Form N–Q, relating to the person testifying: Name, Education and Advocacy, which is estimated to require an average Organization affiliation, Address, Washington, DC 20549–0213. of 21 hours per portfolio per year to Telephone number, E-mail address, and Extension: complete. The estimated annual burden Fax number. SBA will attempt to Form N–Q; SEC File No. 270–519; OMB of complying with the filing accommodate all interested parties that Control No. 3235–0578. requirement is approximately 168,000 wish to present testimony. Based on the Notice is hereby given that, pursuant hours. The estimates of average burden number of registrants it may be to the Paperwork Reduction Act of 1995 hours are made solely for the purposes necessary to impose time limits to (44 U.S.C. 3501 et seq.), the Securities of the Paperwork Reduction Act of 1995 ensure that everyone who wishes to and Exchange Commission (the (44 U.S.C. 3501 et seq.) and are not testify has the opportunity to do so. SBA ‘‘Commission’’) is soliciting comments derived from a comprehensive or even will send confirmation of registration in on the collection of information representative survey or study of the writing to the presenters and attendees. summarized below. The Commission cost of Commission rules and forms. plans to submit this existing collection The collection of information under IV. Information on Service for of information to the Office of Form N–Q is mandatory. The Individuals With Disabilities Management and Budget for extension information provided by the form is not kept confidential. An agency may not For information on facilities or and approval. Form N–Q (17 CFR 249.332 and conduct or sponsor, and a person is not services for individuals with disabilities 274.130) is a combined reporting form required to respond to, a collection of or to request special assistance at the that is used for reports of registered information unless it displays a public meetings, contact Ms. Latrice management investment companies currently valid control number. Andrews at the telephone number or e- (‘‘funds’’), other than small business Written comments are invited on: mail address indicated under the FOR investment companies registered on (a) Whether the proposed collection of FURTHER INFORMATION CONTACT section of Form N–5, under Section 30(b) of the information is necessary for the proper this notice. Investment Company Act of 1940 (15 performance of the functions of the

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agency, including whether the and Other matters relating to SECURITIES AND EXCHANGE information will have practical utility; enforcement proceedings. COMMISSION (b) the accuracy of the agency’s estimate At times, changes in Commission [Release No. 34–61121; File No. SR–CBOE– of the burden of the collection of priorities require alterations in the 2009–091] information; (c) ways to enhance the scheduling of meeting items. quality, utility, and clarity of the For further information and to Self-Regulatory Organizations; information collected; and (d) ways to ascertain what, if any, matters have been Chicago Board Options Exchange, minimize the burden of the collection of added, deleted or postponed, please Incorporated; Notice of Filing and information on respondents, including contact: Immediate Effectiveness of Proposed through the use of automated collection The Office of the Secretary at (202) Rule Change Relating to the CBSX techniques or other forms of information 551–5400. Market Data Infrastructure Fee technology. Consideration will be given Dated: December 10, 2009. to comments and suggestions submitted December 7, 2009. in writing within 60 days of this Elizabeth M. Murphy, Pursuant to Section 19(b)(1) of the publication. Secretary. Securities Exchange Act of 1934 1 and Please direct your written comments [FR Doc. E9–29796 Filed 12–10–09; 4:15 pm] Rule 19b–4 thereunder,2 notice is to Charles Boucher, Director/CIO, BILLING CODE 8011–01–P hereby given that on November 30, Securities and Exchange Commission, 2009, Chicago Board Options Exchange, c/o Shirley Martinson, 6432 General Incorporated (‘‘CBOE’’ or the Green Way, Alexandria, VA 22312; or SECURITIES AND EXCHANGE ‘‘Exchange’’) filed with the Securities send an e-mail to: COMMISSION and Exchange Commission [email protected]. (‘‘Commission’’) the proposed rule Sunshine Act Meeting change as described in Items I, II and III December 8, 2009. below, which Items have been prepared Florence E. Harmon, Notice is hereby given, pursuant to the provisions of the Government in the by CBOE. The Commission is Deputy Secretary. Sunshine Act, Public Law 94–409, that publishing this notice to solicit [FR Doc. E9–29633 Filed 12–11–09; 8:45 am] the Securities and Exchange comments on the proposed rule change BILLING CODE 8011–01–P Commission will hold an Open Meeting from interested persons. on December 16, 2009 at 10 a.m., in the I. Self-Regulatory Organization’s Auditorium, Room L–002. SECURITIES AND EXCHANGE Statement of the Terms of Substance of The subject matter of the Open COMMISSION the Proposed Rule Change Meeting will be: Chicago Board Options Exchange, Sunshine Act Meeting Item 1: The Commission will consider Incorporated (‘‘CBOE’’ or ‘‘Exchange’’) whether to adopt amendments to proposes to amend the CBOE Stock Notice is hereby given, pursuant to rules and forms under the Securities Exchange (‘‘CBSX’’) market data the provisions of the Government in the Act of 1933, the Securities Exchange infrastructure fee. The text of the Sunshine Act, Public Law 94–409, that Act of 1934 and the Investment proposed rule change is available on the the Securities and Exchange Company Act of 1940 to enhance the Exchange’s Web site (http:// Commission will hold a Closed Meeting disclosures that registrants are www.cboe.org/legal), at the Exchange’s on Thursday, December 17, 2009 at 2 required to make about compensation Office of the Secretary and at the p.m. and other corporate governance Commission. Commissioners, Counsel to the matters. Commissioners, the Secretary to the Item 2: The Commission will consider II. Self-Regulatory Organization’s Commission, and recording secretaries whether to adopt amendments to the Statement of the Purpose of, and will attend the Closed Meeting. Certain investment adviser custody rule (rule Statutory Basis for, the Proposed Rule staff members who have an interest in 206(4)–2) under the Investment Change the matters also may be present. Advisers Act of 1940) and related In its filing with the Commission, The General Counsel of the forms and rules. The amendments CBOE included statements concerning Commission, or his designee, has would enhance the protections the purpose of and basis for the certified that, in his opinion, one or provided advisory clients when they proposed rule change and discussed any more of the exemptions set forth in 5 entrust their funds and securities to comments it received on the proposed U.S.C. 552b(c), (5), (7), 9(B) and (10) and an investment adviser. rule change. The text of these statements 17 CFR 200.402(a), (5), (7), 9(ii) and At times, changes in Commission may be examined at the places specified (10), permit consideration of the priorities require alterations in the in Item IV below. CBOE has prepared scheduled matters at the Closed scheduling of meeting items. summaries, set forth in sections (A), (B), Meeting. For further information and to and (C) below, of the most significant Commissioner Paredes, as duty ascertain what, if any, matters have been aspects of such statements. officer, voted to consider the items added, deleted or postponed, please A. Self-Regulatory Organization’s listed for the Closed Meeting in a closed contact: Statement of the Purpose of, and session. The Office of the Secretary at (202) Statutory Basis for, Proposed Rule The subject matter of the Closed 551–5400. Change Meeting scheduled for Thursday, Dated: December 9, 2009. (a) Purpose December 17, 2009 will be: Florence E. Harmon, The Exchange charges CBSX market Institution and settlement of injunctive Deputy Secretary. participants a monthly fee to recoup the actions; Institution and settlement of [FR Doc. E9–29718 Filed 12–10–09; 11:15 administrative proceedings; am] 1 15 U.S.C. 78s(b)(1). Consideration of amicus participation; BILLING CODE 8011–01–P 2 17 CFR 240.19b–4.

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fees CBSX pays a third party market the protection of investors, or otherwise For the Commission, by the Division of data vendor and other parties to help in furtherance of the purposes of the Trading and Markets, pursuant to delegated 8 establish facilities at CBSX through Act. authority. which the third party market data Florence E. Harmon, vendor can provide CBSX participants IV. Solicitation of Comments Deputy Secretary. 3 with certain market data. The amount Interested persons are invited to [FR Doc. E9–29628 Filed 12–11–09; 8:45 am] of the fee is equal to $20,400 divided by submit written data, views, and BILLING CODE 8011–01–P the number of CBSX participants arguments concerning the foregoing, receiving the market data. The Exchange including whether the proposed rule proposes to reduce the fee to $10,800 SECURITIES AND EXCHANGE change is consistent with the Act. COMMISSION divided by the number of CBSX Comments may be submitted by any of participants receiving the market data, the following methods: [Release No. 34–61124; File No. SR–BX– due to the fact that the Exchange’s costs 2009–074] to provide this infrastructure have Electronic Comments decreased. Self-Regulatory Organizations; • Use the Commission’s Internet NASDAQ OMX BX, Inc.; Notice of Filing (b) Statutory Basis comment form (http://www.sec.gov/ and Immediate Effectiveness of a The proposed rule change is rules/sro.shtml); or Proposed Rule Change To Amend consistent with Section 6(b) of the • Send an e-mail to rule- Chapter XI (Communications With Securities Exchange Act of 1934 [email protected]. Please include File Public Customers) (‘‘Act’’),4 in general, and furthers the No. SR–CBOE–2009–091 on the subject December 7, 2009. objectives of Section 6(b)(4) 5 of the Act line. in particular, in that it is designed to Pursuant to Section 19(b)(1) of the Paper Comments Securities Exchange Act of 1934 provide for the equitable allocation of 1 reasonable dues, fees, and other charges (‘‘Exchange Act’’), and Rule 19b–4 • Send paper comments in triplicate 2 among its members. The proposed rule thereunder, notice is hereby given that to Elizabeth M. Murphy, Secretary, change will result in reduced fees on November 19, 2009, NASDAQ OMX Securities and Exchange Commission, BX, Inc. (the ‘‘Exchange’’) filed with the charged to CBSX market participants 100 F Street, NE., Washington, DC Securities and Exchange Commission who receive market data through 20549–1090. (‘‘Commission’’) the proposed rule CBSX’s market data infrastructure. change as described in Items I and II All submissions should refer to File No. B. Self-Regulatory Organization’s below, which items have been Statement on Burden on Competition SR–CBOE–2009–091. This file number substantially prepared by the Exchange. should be included on the subject line CBOE does not believe that the The Exchange has designated the if e-mail is used. To help the proposed rule change as a ‘‘non- proposed rule change will impose any Commission process and review your burden on competition that is not controversial’’ rule change pursuant to comments more efficiently, please use Section 19(b)(3)(A) of the Act 3 and Rule necessary or appropriate in furtherance only one method. The Commission will 4 of purposes of the Act. 19b–4(f)(6) thereunder, which renders post all comments on the Commission’s the proposal effective upon filing with C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ the Commission. The Commission is Statement on Comments on the rules/sro.shtml). Copies of the publishing this notice to solicit Proposed Rule Change Received From submission, all subsequent comments on the proposed rule change Members, Participants or Others amendments, all written statements from interested persons. with respect to the proposed rule No written comments were solicited change that are filed with the I. Self-Regulatory Organization’s or received with respect to the proposed Commission, and all written Statement of the Terms of Substance of rule change. communications relating to the the Proposed Rule Change III. Date of Effectiveness of the proposed rule change between the The Exchange proposes to remove or Proposed Rule Change and Timing for Commission and any person, other than otherwise amend elements of Chapter Commission Action those that may be withheld from the XI, Section 24 5 (‘‘Communications with public in accordance with the The foregoing rule change has become Public Customers’’) of the Boston provisions of 5 U.S.C. 552, will be effective pursuant to Section 19(b)(3)(A) Options Exchange Group, LLC (‘‘BOX’’) available for inspection and copying in of the Act 6 and subparagraph (f)(2) of Trading Rules that incorporate the Commission’s Public Reference Rule 19b–4 7 thereunder. At any time provisions of the Securities Act of 1933 Room, 100 F Street, NE., Washington, 6 within 60 days of the filing of the (the ‘‘Securities Act’’) because options DC 20549, on official business days proposed rule change, the Commission traded on BOX consist solely of between the hours of 10 a.m. and 3 p.m. may summarily abrogate such rule standardized options issued by the Copies of such filing also will be change if it appears to the Commission Options Clearing Corporation (‘‘OCC’’), available for inspection and copying at that such action is necessary or a registered clearing agency, and are the principal office of CBOE. All appropriate in the public interest, for exempt under Securities Act Rule 238 comments received will be posted from all provisions of the Securities Act 3 See Exchange Act Release No. 55882 (June 8, without change; the Commission does 2007), 72 FR 32931 (June 14, 2007), Exchange Act not edit personal identifying 8 17 CFR 200.30–3(a)(12). Release No. 56000 (July 2, 2007), 72 FR 37554 (July information from submissions. You 1 15 U.S.C. 78s(b)(1). 10, 2007), and Exchange Act Release No. 57472 should submit only information that 2 17 CFR 240.19b–4. (March 11, 2008), 73 FR 14515 (March 18, 2008). you wish to make available publicly. All 3 15 U.S.C. 78s(b)(3)(A). 4 15 U.S.C. 78f(b). 4 submissions should refer to File No. 17 CFR 240.19b–4(f)(6). 5 15 U.S.C. 78f(b)(4). 5 For ease of reference, Chapter XI, Section 24 6 15 U.S.C. 78s(b)(3)(A). SR–CBOE–2009–091 and should be will simply be referred to as ‘‘Section 24.’’ 7 17 CFR 240.19b–4(f)(2). submitted on or before January 4, 2010. 6 15 U.S.C. 77a et seq.

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except the antifraud provisions of Act and the rules thereunder (other than proposes to redesignate paragraph (a) as Section 17. In addition, the proposed the anti-fraud provisions) are no longer paragraph (d), and to incorporate amendments expand the types of applicable to such standardized options, limitations on the use of options communications governed by Section 24 the Exchange proposes to remove communications contained in Section to include independently prepared elements of the Securities Act that are 24(f) into proposed Section 24(d). In reprints and other communications embedded in Section 24 of the BOX addition, proposed Section 24(d)(iii) between a participant or participant Rules. In particular, the Exchange would amend Section 24(a)(iii) by organization and a customer. The proposes to remove all references to a clarifying the types of cautionary proposed amendments also exempt ‘‘prospectus’’ from Section 24. statements and caveats that are certain options communications from Prospectuses are no longer required for prohibited. Also, as previously noted, the pre-approval requirement by a such standardized options, and the OCC BOX proposes to delete Section Registered Options Principal (‘‘ROP’’). has, in fact, ceased publication of a 24(a)(iv). Further, current Section 24(i) Additionally, the Exchange proposes to prospectus.11 In addition, the proposed sets forth the standards applicable to correct certain internal citation and amendments will update and reorganize Sales Literature and Section 24(i)(i) sets typographical errors associated with Section 24 of the BOX Rules. The forth the requirement that Sales earlier rule filings.7 The text of the proposed amendments are similar to Literature shall state that supporting proposed rule change is available from amendments filed by the International documentation for any claims, the principal office of the Exchange, at Securities Exchange (‘‘ISE’’) and comparisons, recommendations, the Commission’s Public Reference Chicago Board Options Exchange statistics or other technical data, will be Room and also on the Exchange’s (‘‘CBOE’’) and approved by the supplied upon request. The Exchange Internet Web site at: http:// Commission and would provide a more proposes to redesignate Section 24(i)(i) nasdaqomxbx.cchwallstreet.com/ uniform approach to communications to as Section 24(d)(vii). customers regarding standardized NASDAQOMXBX/Filings/. Redesignation of Section 24(c) to options.12 II. Self-Regulatory Organization’s Proposed Section 24(b) and Related Statement of the Purpose of, and Deletion of Certain Provisions Amendments Statutory Basis for, the Proposed Rule As noted above, Section 24 of the The Exchange proposes to redesignate Change BOX Rules contains a number of paragraph (c) as paragraph (b). The In its filing with the Commission, the references to the delivery of a Exchange also proposes to amend this Exchange included statements prospectus and other Securities Act paragraph to include the types of concerning the purpose of, and basis for, requirements. The Exchange proposes to communications proposed to be added the proposed rule change and discussed delete the following from Chapter XI: to the definition of ‘‘Options any comments it received on the Section 24(a)(iv), which references the Communications’’ in proposed Section proposed rule change. The text of these Securities Act definition of prospectus; 24(a). Proposed Sections 24(b)(ii) and statements may be examined at the Section 24(e), which incorporates (b)(iii) would also amend the current places specified in Item IV below. The Securities Act principles in that it requirements to obtain advance Exchange has prepared summaries, set prohibits written material concerning approval from a ROP for most options forth in Sections A, B, and C below, of options from being furnished to any communications by exempting certain the most significant aspects of such person who has not previously or options communications, defined as statements. contemporaneously received the ODD; ‘‘Correspondence’’ and ‘‘Institutional Section 24(b)(ii), which defines the term Sales Material.’’ Specifically, proposed A. Self-Regulatory Organization’s ‘‘Educational Material;’’ 13 Section 24(g), Section 24(b)(ii) would exempt Statement of the Purpose of, and which outlines what is permitted in an correspondence from the pre-approval Statutory Basis for the Proposed Rule ‘‘Advertisement;’’ and Section 24(h), requirement unless the correspondence Change which concerns the use of educational is distributed to 25 or more existing 1. Purpose material. retail customers within any 30 calendar- On December 23, 2002, the Redesignation of Section 24(a) to day period and makes any financial or Commission published final rules that Proposed Section 24(d) and Related investment recommendation or exempt standardized options, as defined Amendments otherwise promotes a product or service 8 9 of the member. All correspondence in Rule 9b–1 of the Exchange Act, that Section 24(a) currently contains an are issued by a registered clearing would be subject to general supervision outline of the ‘‘General Rule’’ for and review requirements. Proposed agency and traded on a national options communications. The Exchange securities exchange or on a registered Section 24(b)(iii) would exempt national securities association, from all institutional sales material from the pre- Securities Act Release No. 8171 (December 23, approval requirement if the material is provisions of the Securities Act (other 2002), 68 FR 188 (January 2, 2003). distributed to ‘‘qualified investors’’ (as than the anti-fraud provisions) and from 11 The options disclosure document (‘‘ODD’’) prepared in accordance with Rule 9b–1 under the defined in Section 3(a)(54) of the the registration requirements of the 14 Exchange Act.10 Because the Securities Exchange Act is not deemed to be a prospectus. 17 Exchange Act). Pre-approval by a ROP CFR 230.135b. See, e.g., Securities Act Release No. would, however, be required with 8049 (December 21, 2001). 7 respect to independently prepared See Securities Exchange Act Release No. 58221 12 See Securities Exchange Act Release No. 58823 (July 24, 2008), 73 FR 44296 (July 30, 2008) (SR– (October 21, 2008), 73 FR 63747 (October 27, 2008) reprints. In addition, Proposed Section BSE–2008–29) and Securities Exchange Act Release (SR–CBOE–2007–30); and Securities Exchange Act 24(b)(iv) would require that firms retain No. 59434 (February 23, 2009), 74 FR 9012 Release No. 59600 (March 19, 2009), 74 FR 13286 options communications in accordance (February 27, 2009) (SR–BSE–2008–56). (March 26, 2009) (SR–ISE–2009–09). with the record-keeping requirements of 8 17 CFR 240.9b–1. 13 This paragraph essentially incorporates 15 9 15 U.S.C. 78a et seq. language of Securities Act Rule 134a. While this Rule 17a–4 under the Exchange Act. 10 See ‘‘Exemption for Standardized Options amendment would eliminate the separate From Provisions of the Securities Act of 1933 and educational material category, as discussed below 14 15 U.S.C. 78c(a)(54). From the Registration Requirements of the the Exchange also proposes to revise the definition 15 17 CFR 240.17a–4. More specifically, Rule 17a– Securities Exchange Act of 1934; Final Rule,’’ of Sales Literature to include educational material. 4(b)(4) requires that a broker-dealer retain ‘‘originals

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Proposed Section 24(b)(iv) would also previously noted, BOX proposes to disseminated without being preceded or require that firms retain other related delete the definition of ‘‘Educational accompanied by a copy of the ODD. documents in the form and for the time Material.’’ The Exchange proposes to redesignate periods required for options current Section 24(i)(iv) as proposed Proposed Section 24(e) communications by Rule 17a–4. Section 24(i). The Exchange proposes to Redesignation of Section 24(d) to Proposed Section 24(e) would set delete Sections 24(i)(v), (i)(vi), and Proposed Section 24(c) and Related forth (i) standards for options (i)(vii). The Exchange believes that Amendments communications that are not preceded subparagraphs (i)(v) and (i)(vi) are unnecessary because worksheets are The Exchange proposes to redesignate or accompanied by an ODD and (ii) standards for options communications included in the definition of ‘‘Sales paragraph (d) as paragraph (c). Section Literature.’’ The Exchange believes that 24(d) currently requires members to used prior to delivery of an ODD. These requirements generally would clarify subparagraphs (i)(vii) is no longer obtain approval for every advertisement necessary because the Exchange is and all educational material from the and restate the requirements contained in current Section 24(i). Proposed proposing to clarify the recordkeeping Exchange. This requirement applies requirements applicable to options regardless of whether the options Section 24(e)(i)(2) would require communications in proposed Section communications are used before or after options communications to contain 24(b)(iv). the delivery of a current ODD. The contact information for obtaining a copy Exchange proposes to amend this of the ODD. As previously noted, the Additionally, the Exchange proposes provision to require approval by the provisions of Section 24(g) that outline to amend Sections 2, 10 and 24 to Exchange only with respect to options what is permitted in an advertisement clarify certain potentially confusing or communications used prior to the are proposed to be deleted and the inaccurate citations from previous 17 delivery of a current ODD. The provisions relating to standards for filings. References to ‘‘Registered Exchange is proposing to eliminate the options communications used prior to Options and Security Futures Principal’’ pre-approval requirement for options delivery of the ODD are proposed to be will be amended to refer to ‘‘Registered communications used subsequent to the incorporated into proposed Section Options Principal.’’ Similarly, a delivery of the ODD because the ODD 24(e)(ii). reference to the ‘‘supervision of options should help alert the customer to the and security futures sales practices’’ Redesignation of Portions of Section characteristics and risks associated with will be amended to remove the words trading in options and because Section 24(i) to Proposed Section 24(g), ‘‘and security futures.’’ Unnecessary 24(b) requires the ROP of a member Proposed Section 24(h), Proposed brackets in Section 10(a)(4) will be organization to pre-approve options Section 24(i), and Related Amendments removed. In addition, references to communications (with certain ‘‘Rule 10’’ will be amended to refer to As stated above, the Exchange ‘‘Section 10’’ and the proper reference exceptions for ‘‘Correspondence’’ and proposes to redesignate Section 24(i)(i) ‘‘Institutional Sales Material’’). This for the definition of ‘‘control’’ will be as proposed Section 24(d)(vii). Current added in Section 10(h). Finally, provision would also be amended to Section 24(i)(ii) pertains to standards for include the types of communications references to Compliance Options Sales Literature that contains projected Principal will be amended to refer to added to the definition of ‘‘Options performance figures and current Section Communications’’ in proposed Section Registered Options Principal. 24(i)(iii) pertains to standards for Sales 24(a). Literature that contains historical 2. Statutory Basis Redesignation of Section 24(b) to performance figures. The Exchange The Exchange believes that the Proposed Section 24(a) and Related proposes to redesignate Section 24(i)(ii) proposal is consistent with the Amendments as proposed Section 24(g)(i) and current requirements of Section 6(b) of the Section 24(b) currently defines terms Section 24(i)(iii) as proposed Section Act,18 in general, and Section 6(b)(5) of used in Section 24. BOX proposes to 24(h). Section 24(i) currently requires the Act,19 in particular, in that it is redesignate paragraph (b) as paragraph that a copy of the ODD precede or designed to promote just and equitable (a). BOX also proposes to amend the accompany options related sales principles of trade, to foster cooperation definition of ‘‘Options literature. The Exchange is proposing to and coordination with persons engaged Communications’’ in proposed Section modify the ODD delivery requirement in facilitating transactions in securities, 24(a) to expand the types of applicable to sales literature to provide to prevent fraudulent and manipulative communications governed by Section 24 that an ODD must precede or acts, to remove impediments to and to include independently prepared accompany any communication that perfect the mechanism of a free and reprints and other communications conveys past or projected performance open market and a national market between a member or member figures involving options or constitutes system and, in general, to protect organization and a customer. The a recommendation pertaining to investors and the public interest. In Exchange proposes to amend the options. A notice providing the name particular, the proposed rule change definitions of ‘‘Advertisement’’ and and address of a person from whom the will provide the investing public with ‘‘Sales Literature;’’ and define ODD may be obtained would be options communications rules that are ‘‘Correspondence,’’ ‘‘Institutional Sales required in sales literature that does not designed to provide appropriate Material,’’ ‘‘Public Appearances,’’ and contain a recommendation or past or safeguards and greater clarity by ‘‘Independently Prepared Reprints’’ to projected performance figures. Because promoting harmonization between the make the rule more clear. In addition, as BOX is proposing to merge educational Exchange’s and other SROs’ options material into the sales literature communications rules. In addition, the of all communications received and copies of all category,16 this amendment would corrections made will serve to minimize communications sent * * * including all continue to allow communications that communications which are subject to rules of a self- are educational in nature to be 17 regulatory organization of which the member, See supra note 7. broker or dealer is a member regarding 18 15 U.S.C. 78f(b). communications with the public.’’ 16 See Proposed Section 24 (a)(ii). 19 15 U.S.C. 78f(b)(5).

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potential confusion by Exchange proposed rule change effective and the principal office of the Exchange. All Participants. operative upon filing.24 comments received will be posted At any time within 60 days of the without change; the Commission does B. Self-Regulatory Organization’s filing of the proposed rule change, the not edit personal identifying Statement on Burden on Competition Commission may summarily abrogate information from submissions. You The Exchange does not believe that the rule change if it appears to the should submit only information that the proposed rule change will result in Commission that the action is necessary you wish to make available publicly. All any burden on competition that is not or appropriate in the public interest, for submissions should refer to File necessary or appropriate in furtherance the protection of investors, or would Number SR–BX–2009–074 and should of the purposes of the Act. otherwise further the purposes of the be submitted on or before January 4, Act. 2010. C. Self-Regulatory Organization’s IV. Solicitation of Comments For the Commission, by the Division of Statement on Comments on the Trading and Markets, pursuant to delegated Proposed Rule Change Received From Interested persons are invited to authority.25 Members, Participants, or Others submit written data, views, and Florence E. Harmon, arguments concerning the foregoing, The Exchange has neither solicited Deputy Secretary. including whether the proposed rule nor received comments on the proposed [FR Doc. E9–29629 Filed 12–11–09; 8:45 am] change is consistent with the Act. rule change. BILLING CODE 8011–01–P Comments may be submitted by any of III. Date of Effectiveness of the the following methods: Proposed Rule Change and Timing for Electronic Comments SECURITIES AND EXCHANGE Commission Action COMMISSION • Use the Commission’s Internet This proposed rule change was filed comment form http://www.sec.gov/ [Release No. 34–61125; File No. SR–NYSE– pursuant to paragraph (A) of section rules/sro.shtml; or 2009–122] 19(b)(3) of the Exchange Act 20 and Rule • Send an e-mail to rule- Self-Regulatory Organizations; New 19b–4(f)(6) thereunder.21 This proposed [email protected]. Please include File York Stock Exchange LLC; Notice of rule change does not significantly affect Number SR–BX–2009–074 on the Filing and Immediate Effectiveness of the protection of investors or the public subject line. Proposed Rule Change To Suspend interest, does not impose any significant Certain Provisions of NYSE Rules 116 burden on competition, and, by its Paper Comments and 123C Relating to the Requirement terms, does not become operative for 30 • Send paper comments in triplicate That the Closing Transaction Be days after the date of the filing, or such to Elizabeth M. Murphy, Secretary, Reported to the Consolidated Tape as shorter time as the Commission may Securities and Exchange Commission, a Single Transaction designate if consistent with the 100 F Street, NE., Washington, DC protection of investors and the public 20549–1090. December 7, 2009. interest. Because the rule change is All submissions should refer to File Pursuant to Section 19(b)(1) 1 of the based upon rules in place at ISE and Number SR–BX–2009–074. This file Securities Exchange Act of 1934 (the CBOE, and does not present any novel number should be included on the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 issues, and is intended to maintain subject line if e-mail is used. To help the notice is hereby given that, on December consistency among the exchanges, the Commission process and review your 4, 2009, New York Stock Exchange LLC Exchange requests that the Commission comments more efficiently, please use (‘‘NYSE’’ or the ‘‘Exchange’’) filed with 22 waive the 30-day operative delay only one method. The Commission will the Securities and Exchange period for ‘‘non-controversial’’ post all comments on the Commission’s Commission (the ‘‘Commission’’) the proposals and make the proposed rule Internet Web site (http://www.sec.gov/ proposed rule change as described in change effective and operative upon rules/sro.shtml). Copies of the Items I and II below, which Items have filing. The Commission notes that the submission, all subsequent been prepared by the self-regulatory proposed rule change is substantially amendments, all written statements organization. The Commission is identical to proposed rule changes with respect to the proposed rule publishing this notice to solicit approved by the Commission after an change that are filed with the comments on the proposed rule change 23 opportunity for public comment, and Commission, and all written from interested persons. does not raise any new substantive communications relating to the I. Self-Regulatory Organization’s issues. For these reasons, the proposed rule change between the Commission believes that waiver of the Statement of the Terms of Substance of Commission and any person, other than the Proposed Rule Change 30-day operative delay is consistent those that may be withheld from the with the protection of investors and the public in accordance with the The Exchange proposes to suspending public interest and designates the provisions of 5 U.S.C. 552, will be [sic] the provisions of NYSE Rules 116 proposal operative upon filing for ‘‘non- available for copying and inspection in (‘‘Stop’’ Constitutes Guarantee) and controversial’’ proposals and makes the the Commission’s Public Reference 123C (Market On The Close Policy And Room, on official business days between Expiration Procedures) and not require 20 15 U.S.C. 78s(b)(3)(A). the hours of 10 a.m. and 3 p.m., located a single closing print to be reported to 21 17 CFR 240.19b–4(f)(6). at 100 F Street, NE., Washington, DC the Consolidated Tape for a closing 22 For purposes only of waiving the 30-day 20549. Copies of such filing also will be transaction that exceeds 99,999,999 operative delay, the Commission has considered the shares. The text of the proposed rule proposed rule’s impact on efficiency, competition, available for inspection and copying at and capital formation. See 15 U.S.C. 78c(f). 25 23 The Exchange’s proposed rule change is 24 For purposes only of waiving the 30-day 17 CFR 200.30–3(a)(12). substantially identical to proposed rule changes by operative delay, the Commission has considered the 1 15 U.S.C. 78s(b)(1). the CBOE and ISE that were recently approved by proposed rule’s impact on efficiency, competition, 2 15 U.S.C. 78a. the Commission. See supra note 12. and capital formation. See 15 U.S.C. 78c(f). 3 17 CFR 240.19b–4.

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change is available at the Exchange, the of the Securities Exchange Act of 1934 may designate a shorter time if such Commission’s Public Reference Room, (the ‘‘Act’’),4 in general, and furthers the action is consistent with the protection and http://www.nyse.com. objectives of Section 6(b)(5) of the Act,5 of investors and the public interest. The in particular, in that it is designed to Exchange has asked the Commission to II. Self-Regulatory Organization’s prevent fraudulent and manipulative Statement of the Purpose of, and waive the 30-day operative delay so that acts and practices, to promote just and Statutory Basis for, the Proposed Rule the proposal may become operative equitable principles of trade, to remove Change immediately upon filing. impediments to and perfect the The Commission believes that In its filing with the Commission, the mechanism of a free and open market waiving the 30-day operative delay is self-regulatory organization included and a national market system, and, in consistent with the protection of statements concerning the purpose of, general, to protect investors and the investors and the public interest. The and basis for, the proposed rule change public interest. The Exchange believes Commission notes that the proposed and discussed any comments it received the proposed rule change will facilitate waiver of the requirement that the on the proposed rule change. The text the timely and efficient reporting of the closing transaction be reported to the of those statements may be examined at closing transaction on the Exchange and Consolidated Tape as a single the places specified in Item IV below. thus ultimately serve to protect transaction applies only to cases where The Exchange has prepared summaries, investors and the public interest. the volume of the closing transaction in set forth in sections A, B, and C below, a security exceeds 99,999,999 shares, of the most significant parts of such B. Self-Regulatory Organization’s Statement on Burden on Competition and that NYSE will notify market statements. participants via its Trader Alert System The Exchange does not believe that A. Self-Regulatory Organization’s each time it makes use of the waiver. the proposed rule change will impose Statement of the Purpose of, and The Commission understands that the any burden on competition that is not Statutory Basis for, the Proposed Rule Exchange expects its systems to be necessary or appropriate in furtherance Change upgraded to accept a closing transaction of the purposes of the Act. whose volume exceeds 99,999,999 1. Purpose C. Self-Regulatory Organization’s shares sometime in the near future. Through this filing the Exchange Statement on Comments on the Finally, the Exchange has also seeks to temporarily suspend the Proposed Rule Change Received From requested that this waiver be made provisions of NYSE Rules 116.40(c) and Members, Participants, or Others operative as of the date of filing of this 123C(3) that require the closing No written comments were solicited proposed rule change because of market transaction to be reported to the or received with respect to the proposed conditions that lead the Exchange to Consolidated Tape last sale reporting rule change. believe that a closing print in excess of system as a single transaction. 99,999,999 shares could occur. Prior to Specifically, in the event a closing III. Date of Effectiveness of the this date, no closing transaction execution exceeds 99,999,999 shares the Proposed Rule Change and Timing for exceeded 99,999,999 shares, and the Exchange seeks to report the transaction Commission Action Exchange expects such large-sized to the Consolidated Tape as two prints Because the foregoing proposed rule closing transaction to be rare in the even though it is a single transaction. change: (i) Does not significantly affect future. In light of the foregoing, the The Exchange currently reports the the protection of investors or the public Commission designates the proposal closing transaction to the Consolidated interest; (ii) does not impose any operative upon filing.10 Tape as a single print pursuant to NYSE significant burden on competition; and At any time within 60 days of the Rules 116.40(C) and 123C(3). As a result (iii) by its terms, does not become filing of the proposed rule change, the of a temporary size limitation in a new operative for 30 days from the date on Commission may summarily abrogate market data distribution system, which it was filed, or such shorter time such rule change if it appears to the Exchange systems currently cannot as the Commission may designate, if Commission that such action is support prints greater than 99,999,999 consistent with the protection of necessary or appropriate in the public shares. As a result, executions of greater investors and the public interest, it has interest, for the protection of investors, than 99,999,999 shares must be sent to become effective pursuant to Section or otherwise in furtherance of the the Consolidated Tape as two prints. 19(b)(3)(A) of the Act 6 and Rule 19b– purposes of the Act. The two prints together will reflect the 4(f)(6) thereunder.7 cumulative volume of the single closing A proposed rule change filed under IV. Solicitation of Comments transaction. Because this is inconsistent Rule 19b–4(f)(6) 8 normally does not Interested persons are invited to with the provisions of NYSE become operative prior to 30 days after submit written data, views, and Rules116.40(C) and 123C(3), the the date of the filing. However, pursuant arguments concerning the foregoing, Exchange proposes to temporarily to Rule 19b4(f)(6)(iii),9 the Commission including whether the proposed rule suspend the provision of these rules that change is consistent with the Act. require the reporting of the closing 4 15 U.S.C. 78f(b). Comments may be submitted by any of execution as a single print. 5 15 U.S.C. 78f(b)(5). the following methods: The Exchange believes that reporting 6 15 U.S.C. 78s(b)(3)(A). two prints will not have any detrimental 7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Electronic Comments affect [sic] on investors because both 4(f)(6)(iii) requires the self-regulatory organization • Use the Commission’s Internet prints will be marked as the closing to submit to the Commission written notice of its intent to file the proposed rule change, along with comment form (http://www.sec.gov/ print. The Exchange further provides a brief description and text of the proposed rule rules/sro.shtml); or notice to its customers through its change, at least five business days prior to the date Trader Alert System. of filing of the proposed rule change, or such shorter time as designated by the Commission. The 10 For purposes only of waiving the operative 2. Statutory Basis Commission has waived this requirement in this delay for this proposal, the Commission has case. considered the proposed rule’s impact on The Exchange believes that its 8 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See proposal is consistent with Section 6(b) 9 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f).

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• Send an e-mail to rule- SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s [email protected]. Please include File COMMISSION Statement of the Purpose of, and Number SR–NYSE–2009–122 on the Statutory Basis for, the Proposed Rule subject line. [Release No. 34–61126; File No. SR–NYSE– Change 2009–121] Paper Comments In its filing with the Commission, the Self-Regulatory Organizations; New self-regulatory organization included • Send paper comments in triplicate York Stock Exchange LLC; Notice of statements concerning the purpose of, to Elizabeth M. Murphy, Secretary, Filing and Immediate Effectiveness of and basis for, the proposed rule change Securities and Exchange Commission, Proposed Rule Change Amending and discussed any comments it received 100 F Street, NE., Washington, DC NYSE Rule 1600 To More Fully on the proposed rule change. The text 20549–1090. Incorporate Away Market Contra Side of those statements may be examined at the places specified in Item IV below. All submissions should refer to File Liquidity in the Execution of New York Block Exchange Orders The Exchange has prepared summaries, Number SR–NYSE–2009–122. This file set forth in sections A, B, and C below, number should be included on the December 7, 2009. of the most significant parts of such subject line if e-mail is used. To help the Pursuant to Section 19(b)(1) of the statements. Commission process and review your Securities Exchange Act of 1934 A. Self-Regulatory Organization’s comments more efficiently, please use 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, Statement of the Purpose of, and the only one method. The Commission will notice is hereby given that, on December Statutory Basis for, the Proposed Rule post all comments on the Commission’s 4, 2009, the New York Stock Exchange Change Internet Web site (http://www.sec.gov/ LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with rules/sro.shtml). Copies of the the Securities and Exchange 1. Purpose submission, all subsequent Commission (‘‘Commission’’) the The Exchange proposes to amend amendments, all written statements proposed rule change as described in Exchange Rule 1600 (New York Block with respect to the proposed rule Items I and II below, which Items have ExchangeSM) to provide for (i) routing change that are filed with the been prepared by the Exchange. The away, for execution with all available Commission, and all written Exchange has designated this proposal top-of-book contra side quotations (not communications relating to the eligible for immediate effectiveness just those that would otherwise be proposed rule change between the pursuant to Rule 19b–4(f)(6) under the traded through) displayed by other Commission and any person, other than Act.3 The Commission is publishing this automated trading centers, of any those that may be withheld from the notice to solicit comments on the portion of an NYBX order that remains public in accordance with the proposed rule change from interested after all available executions in DBK provisions of 5 U.S.C. 552, will be persons. and the Facility have taken place as provided in the current rule and (ii) available for inspection and copying in I. Self-Regulatory Organization’s including those same away market the Commission’s Public Reference Statement of the Terms of Substance of quotations of other automated trading Room on official business days between the Proposed Rule Change centers in the determination of whether the hours of 10 a.m. and 3 p.m. Copies The Exchange proposes to amend the optional, user-defined MTV of an of such filing also will be available for Exchange Rule 1600 (New York Block NYBX order is met. The following inspection and copying at the principal ExchangeSM) (‘‘NYBXSM’’ or the discussion includes examples to office of the Exchange. All comments ‘‘Facility’’) to provide for (i) routing demonstrate the functioning of these received will be posted without change; away, for execution with all available changes in practice. the Commission does not edit personal top-of-book contra side quotations (not identifying information from just those that would otherwise be A. Provide routing to other automated submissions. You should submit only traded through) displayed by other trading centers to allow the remaining information that you wish to make automated trading centers, of any portion of an NYBX order to execute available publicly. All submissions portion of an NYBX order that remains with available top-of-book contra side should refer to File Number SR–NYSE– after all available executions in the quotations on these markets 2009–122 and should be submitted on NYSE Display Book® (‘‘Display Book’’ As currently provided in NYSE Rule or before January 4, 2010. or ‘‘DBK’’) and the Facility have taken 1600, an order or residual portion of an order in the New York Block Exchange For the Commission, by the Division of place as provided in the current rule facility (‘‘NYBX’’ or the ‘‘Facility’’) of Trading and Markets, pursuant to delegated and (ii) including those same away the NYSE that has exhausted all authority.11 market quotations of other automated trading centers in the determination of available contra side liquidity in both Florence E. Harmon, whether the optional, user-defined the NYSE Display Book (‘‘DBK’’) and Deputy Secretary. Minimum Triggering Volume Quantity the Facility itself, as well as any trades [FR Doc. E9–29630 Filed 12–11–09; 8:45 am] (‘‘MTV’’) of an NYBX order is met. The against protected quotations of BILLING CODE 8011–01–P text of the proposed rule change is automated trading centers that would available on NYSE’s Web site at http:// otherwise have been traded through, www.nyse.com, on the Commission’s will be sent back to or remain in, as the Web site at case may be, the Facility and be placed http://www.sec.gov, at the Exchange’s on the NYBX book. As the system principal office, and at the currently operates, such an order Commission’s Public Reference Room. remaining in the Facility will continue to attempt to execute with available 1 15 U.S.C. 78s(b)(1). contra side liquidity in the Facility and 2 17 CFR 240.19b–4. the DBK and with protected quotations 11 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4(f)(6). as described in the previous sentence

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until such orders are exhausted, expired event that multiple away markets are • 3500 sent back to NYBX at 20.00 or cancelled back to the user pursuant displaying available top-of-book contra • Verify no market data updates to time in force conditions or until all side quotations at the same price, and • 500 executes on NYBX at 20.00; applicable liquidity is exhausted at the the residual order size to be routed is leaves 3000 end of the regular trading day. less than the total available top-of-book • Verify no market data updates The purpose of the proposed contra side liquidity displayed on those As the Facility currently operates, the amendment is to increase execution markets, the routing sequence of the residual of 3000 shares to buy would be opportunities for orders entered into order as between those markets will be placed on the NYBX book at 20.00. NYBX by utilizing away markets more determined by a routing table. Under the revised logic being proposed, fully than the Facility does at present. In the event that the residual order of the 3000 residual shares, 1000 shares This will be accomplished by adding size available to be routed away exceeds would be routed to PHLX and 1000 additional routing to away markets for the total available top-of-book contra shares would be routed to NYSE Arca to those orders in NYBX described above side liquidity displayed on all of the execute against the available contra side that have exhausted all available contra away markets, the portion of the order size displayed on each of those markets, side liquidity in the Facility and the to be routed to each of those automated resulting in the following additional DBK (if any) and the residual portion of trading centers will be the displayed outcomes: 5 which would otherwise be placed on size of the available top-of-book contra • the NYBX book. Portions of the residual 1000 routed to PHLX at 20.00 side quotation at each away market, • 1000 routed to NYSE Arca at 20.00 from such an order, or potentially the with the remaining portion of the order • entire order if there is no available 1000 placed on the NYBX book at simultaneously being placed on the 20.00 contra side liquidity in either the DBK NYBX book, where it will continue to • or the Facility itself, will be routed out 1000 executes on PHLX at 20.00; attempt to further execute with available leaves 2000 to other automated trading centers as contra side liquidity in the Facility, the • ISO/IOC orders for execution against 1000 executes on NYSE Arca at 20.00; DBK and automated quotations of away leaves 1000 available contra side quotations markets, in the same sequence as Note that the 1000 shares that are displayed by such markets, even though described above as such liquidity placed back on the NYBX book at the no potential trade through is involved becomes available and assuming that end of the revised process would not be and the routing is not required under the MTV of the order is met. Any executable against any away automated Regulation NMS. volume from the order that was routed market center based on the market Upon the return to the Facility of any away to other automated trading centers evaluation being used for execution and unexecuted volume following a routing for execution but was not executed will, routing purposes. This is in contrast to to the DBK and also upon execution upon its return to the Facility, cause the the 3000 shares that would be placed on against any remaining available contra Facility to again evaluate the market to side liquidity in the Facility, NYBX will the NYBX book based on the way that check for updated market data that evaluate the market again to check for the Facility currently operates, a portion could trigger additional routing of the updated market data and will route the of which would be capable of executing remaining portion of the order. residual order based on that update.4 against the top-of-book automated Otherwise, that unexecuted volume will The amount of an NYBX residual order quotes of PHLX and NYSE Arca. also be placed on the NYBX book. routed to each away market will be Scenario B: Same as Scenario A The following examples demonstrate exactly the size displayed for the except that a new market evaluation how NYBX orders will be processed available top-of-book contra side following the last execution on NYBX as under the proposed amendment. protected quotation at each automated shown above (with 3,000 shares trading center—there will be no NYBX Market Evaluation remaining to be executed on the order) oversizing of the portion of the order NYBX (Sell orders): indicates the following: sent to any away market. An exception 500 shares @ 19.99 NYBX (Sell orders): will occur in any situation where the 500 shares @20.00 500 shares @ 20.00 residual order size is insufficient to 500 shares @20.01 DBK (Sell orders): route the full displayed size to every DBK (Sell orders): 500 shares @ 20.00 away market, in which case the number 400 shares @ 19.99 (hidden) 500 shares @ 20.00 (hidden) of shares routed to one or more of the 600 shares @ 20.00 PHLX (Sell orders): away markets may be less than the full 300 shares @20.01 500 shares @ 19.99 (NBBO) displayed size on such market(s). In the PHLX (Sell orders): NYSE Arca (Sell orders): 1000 shares @ 20.00 (NBBO) 500 shares @ 20.00 4 In the event that the DBK quotation has been updated at the time of such an interim market NYSE Arca (Sell orders): Under this scenario and the revised evaluation and there is new executable contra side 1000 shares @ 20.00 logic being proposed, the fact that there liquidity in DBK, the full size of the residual order Scenario A: Buy 5000 shares at 20.00 is new available liquidity indicated in will be routed back to DBK and the normal execution sequence will be repeated from that (MTV = 100 shares) Results: DBK (and in this example, in NYBX as point. If, at any point, such an evaluation indicates • 5000 routed to DBK at 19.99 well) and a new top-of-book quotation at that there is no new executable contra side liquidity • 400 executes on DBK at 19.99; leaves an away automated market center in the DBK but there is executable contra side representing a potential trade through liquidity in the Facility, the order will execute to 4600 the extent possible against that liquidity, evaluate • 4600 sent back to NYBX at 19.99 situation completely alters the routing the market again to check for updated market data, • Verify no market data updates sequence at this point from what it and route the residual order accordingly. Once this • would be based on the previous market iterative process has run its course, with no new 500 executes on NYBX at 19.99; executable contra side liquidity available in either leaves 4100 evaluation. The first priority is to the DBK or the Facility, the residual order or • Verify no market data updates 5 portions thereof will be routed out to execute • 4100 routed to DBK at 20.00 In this example, it is assumed that no change in against the available contra side protected • the state of the market is indicated at the time of quotations displayed by other automated trading 600 executes on DBK at 20.00; leaves the updating market evaluation described above centers, as described in the preceding paragraph. 3500 that takes place following each routing to DBK.

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eliminate the potential trade through, so • 500 routed to NYSE Arca at 20.00 the Facility and DBK would take place 500 shares are routed to PHLX in • 500 executes on NYSE Arca at exactly as in Scenario A, leaving a compliance with Regulation NMS to 20.00; leaves 500 residual of 3000 shares. As in Scenario execute against the top-of-book liquidity Scenario C: Same as Scenario A A, the assumption is that no change in displayed there. The remaining 2500 except that only 500 of the 1000 shares the state of the market is indicated by shares are routed to DBK to execute routed to PHLX are actually executed any interim market evaluation. Because against the liquidity there and any against the liquidity there, and the the residual order size to be routed away remaining portion of the order is then remaining 500 shares are returned is less than the total top-of-book sent back to the Facility to execute unexecuted to the Facility available contra side liquidity of 4000 against the liquidity there. Assume Under this scenario and the revised shares at the same price displayed on these steps result in the following logic being proposed, the return of the PHLX and NYSE Arca, a routing table additional outcomes: 500 unexecuted shares from PHLX will would be used to determine which of • 500 executes on PHLX at 19.99 cause the Facility to evaluate the market those two markets would get a complete • 1000 executes on DBK at 20.00 once again as indicated below to check fill of its displayed contra side liquidity • 500 executes on NYBX at 20.00 for updated market data before placing and which would only get a partial fill. These executions would result in a the unexecuted volume on the NYBX In this example, if it is assumed that the total of 1000 shares to buy remaining book. As in Scenario A, the assumption routing table assigns a higher rating to from the order. Before appropriate being made is that no change in the state PHLX for routing purposes, the volume is routed out to execute against of the market is indicated by this following additional outcomes would interim market evaluation, so the 500 result: the displayed top-of-book liquidity at • NYSE Arca, two more market unexecuted shares are placed on the 2000 executes on PHLX at 20.00 NYBX book at 20.00, joining the 1000 • 1000 executes on NYSE Arca at 20.00 evaluations would have been performed • as indicated below as a result of (i) the shares that were placed on the book at Fill is complete—no remaining shares additional routing to DBK and the the time of the routing to the away available to be placed back on NYBX return of unexecuted volume to the markets and resulting in a residual buy book Facility and (ii) the execution on NYBX order of 1500 shares at 20.00 on the Consequently, the complete outcome of a portion of the remaining volume NYBX book. Consequently, the for this scenario is as follows: from the order. Assuming that neither of complete outcome for this scenario is as Results: these new market evaluations shows follows: • 5000 routed to DBK at 19.99 any further change in the state of the Results: • 400 executes on DBK at 19.99; market (i.e., the only available sell • 5000 routed to DBK at 19.99 leaves 4600 • orders at the limit price or better are the 400 executes on DBK at 19.99; • 4600 sent back to NYBX at 19.99 500 shares at NYSE Arca), 500 of the leaves 4600 • Verify no market data updates • remaining 1000 shares from the order 4600 sent back to NYBX at 19.99 • 500 executes on NYBX at 19.99; • would be routed to NYSE Arca for Verify no market data updates leaves 4100 • execution. Consequently, the complete 500 executes on NYBX at 19.99; • Verify no market data updates outcome for this scenario is as follows: leaves 4100 • 4100 routed to DBK at 20.00 • Verify no market data updates • Results: 600 executes on DBK at 20.00; • 4100 routed to DBK at 20.00 • 5000 routed to DBK at 19.99 leaves 3500 • 600 executes on DBK at 20.00; • • 400 executes on DBK at 19.99; 3500 sent back to NYBX at 20.00 leaves 3500 • leaves 4600 Verify no market data updates • 3500 sent back to NYBX at 20.00 • • 4600 sent back to NYBX at 19.99 500 executes on NYBX at 20.00; • Verify no market data updates • Verify no market data updates leaves 3000 • 500 executes on NYBX at 20.00; • • 500 executes on NYBX at 19.99; Verify no market data updates leaves 3000 • leaves 4100 2000 routed to PHLX at 20.00 • Verify no market data updates • • Verify no market data updates 1000 routed to NYSE Arca at 20.00 • 1000 routed to PHLX at 20.00 • • 4100 routed to DBK at 20.00 2000 executes on PHLX at 20.00; • 1000 routed to NYSE Arca at 20.00 • 600 executes on DBK at 20.00; leaves 1000 • 1000 placed on the NYBX book at leaves 3500 • 1000 executes on NYSE Arca at 20.00 • 3500 sent back to NYBX at 20.00 20.00; leaves 0 • 500 executes on PHLX at 20.00; • Verify no market data updates In every instance under the proposed leaves 2500 • 500 executes on NYBX at 20.00; amendment, all available contra side • 500 returns to NYBX from PHLX at leaves 3000 liquidity on both DBK and NYBX must 20.00 • Update of market data as indicated be exhausted before portions of any • Verify no market data updates above • 500 placed on the NYBX book at NYBX order are routed to away markets, • 500 routed to PHLX at 19.99 20.00 except for those routings that take place • 500 executes on PHLX at 19.99; • 1000 executes on NYSE Arca at (as under the current version of the leaves 2500 20.00; leaves 1500 Facility) to execute against protected • 2500 routed to DBK at 20.00 quotations of automated trading centers • 1000 executes on DBK at 20.00; Scenario D: Same as Scenario A that would otherwise be traded through. leaves 1500 except for the displayed quotes at PHLX • 1500 sent back to NYBX at 20.00 and NYSE Arca, which are as follows: B. The Sizes of All Available Top-of- • Verify no market data updates PHLX (Sell orders): Book Displayed Contra Side Quotations • 500 executes on NYBX at 20.00; 2000 shares @ 20.00 (NBBO) of Other Automated Trading Centers leaves 1000 NYSE Arca (Sell orders): Will Be Incorporated Into the MTV • Verify no market data updates 2000 shares at 20.00 Calculation • 500 placed on the NYBX book at Under this scenario and the revised The second change to the Facility in 20.00 logic being proposed, the executions in the proposed amendment is a logical

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consequence of the fact that available The following example demonstrates public interest. More specifically, the top-of-book contra side displayed how the MTV will be triggered under Exchange believes that, because the liquidity at other automated market the proposed amendment. Assume the proposed rule change will improve the centers will be included in the revised same NYBX evaluation as indicated in quality of the market and the outcomes routing logic as described above. Scenario A above, including 1000 shares for investors by increasing the Because such quotations will now be for sale at 20.00 being displayed at top- probability that a large order placed in executed against if an NYBX order is of-book by each of PHLX and NYSE the Facility will achieve a complete and sufficiently large, their size(s) should Arca. timely fill by incorporating available and will be included in the optional Scenario E: Buy 5000 shares at 20.00 contra side liquidity at other market MTV calculation under the proposed (MTV = 2500) centers, it will thereby contribute to amendment just as they would be if As the Facility currently operates, the perfecting the mechanism of a free and those same quotations were in the DBK MTV of 2500 shares would not be open market and a national market or the NYBX book. Under the current triggered because only 2000 shares are system and is also consistent with the version of NYBX, available top-of-book available at the price or better in DBK protection of investors and the public contra side liquidity on away markets is and on the NYBX book combined, and interest. included in determining whether an we have assumed that there are no B. Self-Regulatory Organization’s MTV is met only if such quotations are protected quotations at automated Statement on Burden on Competition protected quotations of automated trading centers that would otherwise be trading centers that would otherwise be traded through to count toward the The Exchange does not believe that traded through, and if consideration of MTV. Therefore, the order to buy 5000 the proposed rule change will impose such quotations is not optionally shares at 20.00 would be placed on the any burden on competition that is not restricted by the NYBX user. NYBX book without any execution necessary or appropriate in furtherance taking place. Under the proposed of the purposes of the Act. Currently, when an NYBX user amendment, the total of 2,000 shares designates an optional MTV for an available at the price at PHLX and NYSE C. Self-Regulatory Organization’s order, that user may elect to restrict the Arca would be included in the MTV Statement on Comments on the MTV calculation of the order to include calculation as well, resulting in an Proposed Rule Change Received From only the contra side liquidity at the overall total of 4000 shares available for Members, Participants, or Others order’s limit price or better in the execution which exceeds the MTV No written comments were solicited Facility and the DBK, thereby excluding threshold level of 2500 shares. At this or received with respect to the proposed consideration of protected quotations of point, the sequence of order execution rule change. automated trading centers that would would be exactly the same as in otherwise be traded through in Scenario A above, with a residual buy III. Date of Effectiveness of the determining whether the MTV is met. order for 1000 shares at 20.00 placed on Proposed Rule Change and Timing for However, regardless of the designated the NYBX book and top-of-book Commission Action MTV calculation, executions in or executions at PHLX and NYSE Arca of The Exchange has filed the proposed through the Facility will always route 1000 shares each. rule change pursuant to Section out to execute against the protected 8 * * * * * 19(b)(3)(A)(iii) of the Act a and Rule quotations of automated trading centers In summary, the proposed 19b–4(f)(6) thereunder.9 Because the to avoid trade throughs in compliance amendment should result in (i) the proposed rule change does not: (i) with Regulation NMS. Similarly, the immediate execution of additional Significantly affect the protection of new version of NYBX under the orders that would otherwise sit on the investors or the public interest; (ii) proposed amendment will provide that NYBX book due to their MTVs not being impose any significant burden on an NYBX user may elect to restrict the triggered and (ii) the execution of more competition; and (iii) by its terms, MTV calculation of the order to exclude shares on those orders whose MTVs are become operative prior to 30 days from consideration of those available top-of- triggered, due to the incorporation of the date on which it was filed, or such book contra side quotations of other additional available contra side shorter time as the Commission may automated trading centers that would liquidity at other market centers. designate, if consistent with the not otherwise be traded through in protection of investors and the public determining whether an MTV is met. 2. Statutory Basis interest, the proposed rule change has And, as is currently the case for NYBX The Exchange believes the proposed become effective upon filing with the orders that route out to execute with rule change is consistent with Section Commission pursuant to Section away market quotations in order to 6(b) 6 of the Securities Exchange Act of 19(b)(3)(A) of the Act 10 and Rule 19b– comply with Regulation NMS, NYBX 1934 (the ‘‘Act’’), in general, and 4(f)(6)(iii) thereunder.11 orders for which the MTV is met will furthers the objectives of Section The Exchange requested the still be routed out to execute against 6(b)(5) 7 in particular in that it is Commission waive all or whatever part those away market available top-of-book designed to prevent fraudulent and of the 30-day operative delay period is contra side quotations that would not manipulative acts and practices, to otherwise be traded through, even if an promote just and equitable principles of 8 15 U.S.C. 78s(b)(3)(A)(iii). NYBX user elects to restrict the MTV trade, to foster cooperation and 9 17 CFR 240.19b–4(f)(6). calculation of an order to exclude coordination with persons engaged in 10 15 U.S.C. 78s(b)(3)(A). consideration of those away market facilitating transactions in securities, to 11 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 19b–4(f)(6)(iii) requires the Exchange to give the quotations. In other words, an NYBX remove impediments to and perfect the Commission written notice of the Exchange’s intent user will not have the ability to mechanism of a free and open market to file the proposed rule change, along with a brief eliminate the routing to protected and a national market system and, in description and text of the proposed rule change, quotations of other automated trading general, to protect investors and the at least five business days prior to the date of filing of the proposed rule change, or such shorter time centers under any circumstances, as designated by the Commission. The Commission whether or not such routing is required 6 15 U.S.C. 78f(b). waives the five-day pre-filing requirement in this by Regulation NMS. 7 15 U.S.C. 78f(b)(5). case.

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necessary to allow the Exchange to amendments, all written statements renders the proposal effective upon make the proposed rule change with respect to the proposed rule filing with the Commission. The operative on December 7, 2009. The change that are filed with the Commission is publishing this notice to Commission hereby grants the Commission, and all written solicit comments on the proposed rule Exchange’s request and designates the communications relating to the change from interested persons. filing operative as of December 7, proposed rule change between the I. Self-Regulatory Organization’s 2009.12 The Commission believes that Commission and any person, other than Statement of the Terms of Substance of such action is consistent with the those that may be withheld from the the Proposed Rule Change protection of investors and the public public in accordance with the interest, because the proposed rule provisions of 5 U.S.C. 552, will be Pursuant to the provisions of Section language should result in (i) the available for inspection and copying in 19(b)(1) of the Securities Exchange Act immediate execution of additional the Commission’s Public Reference of 1934 (‘‘Act’’),4 and Rule 19b–4 orders that would otherwise sit on the Room, 100 F Street, NE., Washington, thereunder,5 NASDAQ OMX BX, Inc. NYBX book due to their MTVs not being DC 20549, on official business days (‘‘BX’’) is filing with the Securities and triggered and (ii) the execution of more between the hours of 10 a.m. and 3 p.m. Exchange Commission (‘‘Commission’’) shares on those orders whose MTVs are Copies of such filing also will be a proposed rule change to amend BX triggered, due to the incorporation of available for inspection and copying at Rule 2330 and IM–2330 to reflect recent additional available contra side the principal office of the Exchange. All changes to a corresponding rule of the liquidity at other market centers. comments received will be posted Financial Industry Regulatory Authority At any time within 60 days of the without change; the Commission does (‘‘FINRA’’). The text of the proposed filing of the proposed rule change, the not edit personal identifying rule change is below. Proposed new Commission may summarily abrogate information from submissions. You language is italicized; proposed such rule change if it appears to the should submit only information that deletions are in brackets: NASDAQ Commission that such action is you wish to make available publicly. All OMX BX RULES necessary or appropriate in the public submissions should refer to File * * * * * Number SR–NYSE–2009–121 and interest, for the protection of investors, 2150. Customers’ Securities or Funds or otherwise in furtherance of the should be submitted on or before January 4, 2010. (a) Exchange Members and persons purposes of the Act. associated with a member shall comply with For the Commission, by the Division of IV. Solicitation of Comments FINRA Rule 2150 as if such Rule were part Trading and Markets, pursuant to delegated of the Rules of the Exchange. 13 Interested persons are invited to authority. (b) Nothing in FINRA Rule 2150, as submit written data, views, and Florence E. Harmon, applied to Exchange members and their arguments concerning the foregoing, Deputy Secretary. associated persons, shall be construed to including whether the proposed rule [FR Doc. E9–29631 Filed 12–11–09; 8:45 am] authorize any Exchange member or associated person to act in a manner change is consistent with the Act. BILLING CODE 8011–01–P Comments may be submitted by any of inconsistent with Section 11(a) of the Act. the following methods: IM–2150. Segregation of Customers’ SECURITIES AND EXCHANGE Securities Electronic Comments COMMISSION (a) Exchange Members and persons • Use the Commission’s Internet associated with a member shall comply with [Release No. 34–61129; File No. SR–BX– FINRA Interpretive Material 2150 as if such comment form (http://www.sec.gov/ 2009–080] rules/sro.shtml); or Rule were part of the Rules of the Exchange. • Send an e-mail to rule- (b) For purposes of this Rule, references to Self-Regulatory Organizations; Rule 2150 shall be construed as references to [email protected]. Please include File NASDAQ OMX BX, Inc.; Notice of Filing Equity Rule 2150. Number SR–NYSE–2009–121 on the and Immediate Effectiveness of * * * * * subject line. Proposed Rule Change To Amend Rule [2330. Customers’ Securities or Funds Paper Comments 2330 and IM–2330 To Reflect Changes to Corresponding FINRA Rule (a) Exchange Members and persons • Send paper comments in triplicate associated with a member shall comply with to Elizabeth M. Murphy, Secretary, December 8, 2009. NASD Rule 2330 as if such Rule were part Securities and Exchange Commission, Pursuant to Section 19(b)(1) of the of the Rules of the Exchange. 100 F Street, NE., Washington, DC Securities Exchange Act of 1934 FINRA is in the process of consolidating (‘‘Act’’),1 and Rule 19b–4 thereunder,2 certain NASD rules into a new FINRA 20549–1090. rulebook. If the provisions of NASD Rule All submissions should refer to File notice is hereby given that on December 2330 are transferred into the FINRA Number SR–NYSE–2009–121. This file 4, 2009, NASDAQ OMX BX, Inc. (the rulebook, then Equity Rule 2330 shall be number should be included on the ‘‘BX’’) filed with the Securities and construed to require Exchange members and subject line if e-mail is used. To help the Exchange Commission (‘‘Commission’’) persons associated with a member to comply the proposed rule change as described with the FINRA rule corresponding to NASD Commission process and review your Rule 2330 (regardless of whether such rule is comments more efficiently, please use in Items I, II, and III below, which Items have been prepared by the Exchange. renumbered or amended) as if such rule were only one method. The Commission will part of the Rules of the Exchange. post all comments on the Commission’s The Exchange has designated the (b) Nothing in NASD Rule 2330, as applied Internet Web site (http://www.sec.gov/ proposed rule change as constituting a to Exchange members and their associated rules/sro.shtml). Copies of the non-controversial rule change under persons, shall be construed to authorize any 3 submission, all subsequent Rule 19b–4(f)(6) under the Act, which Exchange member or associated person to act in a manner inconsistent with Section 11(a) 13 of the Act.] 12 For purposes of waiving the operative delay for 17 CFR 200.30–3(a)(12). this proposal, the Commission has considered the 1 15 U.S.C. 78s(b)(1). proposed rule’s impact on efficiency, competition, 2 17 CFR 240.19b–4. 4 15 U.S.C. 78s(b)(1). and capital formation. See 15 U.S.C. 78c(f). 3 17 CFR 240.19b–4(f)(6). 5 17 CFR 240.19b–4.

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[IM–2330. Segregation of Customers’ This filing addresses BX Rule 2330 the provisions of Section 6 of the Act,7 Securities entitled ‘‘Customers’ Securities or in general, and with Sections 6(b)(5) of (a) Exchange Members and persons Funds’’ and IM–2330 entitled the Act,8 in particular, in that the associated with a member shall comply with ‘‘Segregation of Customers’ Securities.’’ proposal is designed to prevent NASD Interpretive Material 2330 as if such BX Rule 2330 and IM–2330 both make fraudulent and manipulative acts and Rule were part of the Rules of the Exchange. reference to NASD Rule 2330 entitled practices, to promote just and equitable FINRA is in the process of consolidating ‘‘Improper Use of Customer’s Securities principles of trade, to foster cooperation certain NASD rules into a new FINRA or Funds; Prohibitions Against rulebook. If the provisions of NASD and coordination with persons engaged Interpretive Material 2330 are transferred Guarantees and Sharing in Accounts.’’ in regulating, clearing, settling, into the FINRA rulebook, then Equity FINRA filed a proposed rule change, processing information with respect to, Interpretive Material 2330 shall be construed which will be effective December 14, and facilitating transactions in to require Exchange members and persons 2009, to adopt NASD Rule 2330 as securities, to remove impediments to associated with a member to comply with the FINRA Rule 2150.6 FINRA made minor and perfect the mechanism of a free and FINRA rule corresponding to NASD changes to Rule 2150, specifically open market and a national market Interpretive Material 2330 (regardless of amending 2150(c). FINRA Rule 2150 system, and, in general, to protect whether such rule is renumbered or prohibits members and associated investors and the public interest. The amended) as if such rule were part of the person from: (a) Making improper use of Rules of the Exchange. proposed changes will conform BX Rule (b) For purposes of this Rule, references to a customer’s securities or funds; (b) 2330 and IM–2330 to recent changes Rule 2330 shall be construed as references to guaranteeing a customer against loss in made to a corresponding FINRA rule Equity Rule 2330.] connection with any securities and rename Rule 2330 and IM–2330 to * * * * * transaction or in any securities account new Rule 2150 and new IM–2150, to of the customer; and (c) sharing in the promote application of consistent II. Self-Regulatory Organization’s profits or losses in the customer’s regulatory standards. Statement of the Purpose of, and account except under certain limited Statutory Basis for, the Proposed Rule conditions specified in the Rule. In B. Self-Regulatory Organization’s Change addition, FINRA added Supplementary Statement on Burden on Competition Information to Rule 2150 that codifies The Exchange does not believe that In its filing with the Commission, the existing staff guidance clarifying that: (i) the proposed rule change will impose Exchange included statements A ‘‘guarantee’’ extended to all holders of any burden on competition not concerning the purpose of and basis for a particular security by an issuer as part necessary or appropriate in furtherance the proposed rule change and discussed of that security generally would not be of the purposes of the Act. any comments it received on the subject to the prohibition against proposed rule change. The text of these guarantees and that a permissible statements may be examined at the C. Self-Regulatory Organization’s sharing arrangement remains subject to Statement on Comments on the places specified in Item IV below. The other applicable FINRA rules; (ii) the Exchange has prepared summaries, set Proposed Rule Change Received From rule does not preclude a member from Members, Participants or Others forth in Sections A, B, and C below, of determining on an after-the-fact basis, to the most significant aspects of such reimburse a customer for transaction Written comments were neither statements. losses, provided however that the solicited nor received. A. Self-Regulatory Organization’s member shall comply with all reporting III. Date of Effectiveness of the Statement of the Purpose of, and requirements that may be applicable to Proposed Rule Change and Timing for Statutory Basis for, the Proposed Rule such payment; (iii) the rule does not Commission Action Change preclude a member from correcting a bona fide error; and (iv) the required 1. Purpose Because the foregoing proposed rule written authorization(s) shall be change does not: (i) Significantly affect Many of BX’s rules are based on rules preserved for a period of at least six the protection of investors or the public of FINRA (formerly the National years after the date the account is interest; (ii) impose any significant Association of Securities Dealers closed, which is consistent with the burden on competition; and (iii) become (‘‘NASD’’)). During 2008, FINRA retention period under the Act for operative for 30 days from the date on embarked on an extended process of similar records. which it was filed, or such shorter time moving rules formerly designated as BX is proposing to amend BX Rule as the Commission may designate, it has ‘‘NASD Rules’’ into a consolidated 2330 and IM–2330 by renaming Rule become effective pursuant to Section FINRA rulebook. In most cases, FINRA 2330 to new Rule 2150 and renaming 19(b)(3)(A) of the Act 9 and Rule 19b– has renumbered these rules, and in IM–2330 to new IM–2150, in order to 4(f)(6) thereunder.10 incorporate by reference the FINRA some cases has substantively amended At any time within 60 days of the them. Accordingly, BX also proposes to rule. BX would delete current Rule 2330 and IM–2330. BX also proposes to filing of the proposed rule change, the initiate a process of modifying its Commission may summarily abrogate rulebook to ensure that BX rules amend the references to NASD Rule 2330 to instead state FINRA Rule 2150 such rule change if it appears to the corresponding to FINRA/NASD rules Commission that such action is continue to mirror them as closely as in the new Rule 2150 and IM–2150 to reflect the change to the FINRA rules. necessary or appropriate in the public practicable. In some cases, it will not be interest, for the protection of investors, possible for the rule numbers of BX 2. Statutory Basis or otherwise in furtherance of the rules to mirror corresponding FINRA The Exchange believes that the purposes of the Act. rules, because existing or planned BX proposed rule change is consistent with rules make use of those numbers. 7 15 U.S.C. 78f. However, wherever possible, BX plans 6 Securities Exchange Act Release No. 60701 8 15 U.S.C. 78f(b)(5). to update its rules to reflect changes to (September 21, 2009), 74 FR 49425 (September 28, 9 15 U.S.C. 78s(b)(3)(A). corresponding FINRA rules. 2009) (SR–FINRA–2009–014). 10 17 CFR 240.19b–4(f)(6).

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IV. Solicitation of Comments For the Commission, by the Division of prepared summaries, set forth in Market Regulation, pursuant to delegated sections A, B and C below, of the most Interested persons are invited to authority.11 significant aspects of such statements. submit written data, views, and Florence E. Harmon, arguments concerning the foregoing, Deputy Secretary. A. Self-Regulatory Organization’s Statement of the Purpose of, and including whether the proposed rule [FR Doc. E9–29649 Filed 12–11–09; 8:45 am] change is consistent with the Act. Statutory Basis for, the Proposed Rule BILLING CODE 8011–01–P Change Comments may be submitted by any of the following methods: 1. Purpose SECURITIES AND EXCHANGE Electronic Comments ISE proposes to amend its Schedule of COMMISSION Fees regarding its CMM Inactivity Fee. • Use the Commission’s Internet [Release No. 34–61131; File No. SR–ISE– Specifically, the Exchange proposes to comment form (http://www.sec.gov/ 2009–101] amend its current CMM Inactivity Fee rules/sro.shtml); or for any member who is not currently a Self-Regulatory Organizations; market maker and acquires one or more • Send an e-mail to rule- International Securities Exchange, CMM Trading Right by providing the [email protected]. Please include File LLC; Notice of Filing and Immediate Exchange the ability to waive this fee for Number SR–BX–2009–080. Effectiveness of Proposed Rule up to three full calendar months. Paper Comments Change Relating to Fee Changes ISE currently charges the owner 3 of a CMM membership an Inactivity Fee of • Send paper comments in triplicate December 8, 2009. $25,000 a month per trading right if the to Elizabeth M. Murphy, Secretary, Pursuant to Section 19(b)(1) of the owner does not (i) itself operate the Securities and Exchange Commission, Securities Exchange Act of 1934 (the CMM membership, (ii) lease the CMM 1 2 100 F Street, NE., Washington, DC ‘‘Act’’), and Rule 19b–4 thereunder, trading right to another member which 20549–1090. notice is hereby given that on November operates the CMM membership, or (iii) 24, 2009, the International Securities avail itself to one of the exemptions All submissions should refer to File Exchange, LLC (the ‘‘Exchange’’ or the specifically authorized in the Notes to Number SR–BX–2009–080. This file ‘‘ISE’’) filed with the Securities and the CMM Inactivity Fee on the Schedule number should be included on the Exchange Commission (‘‘Commission’’) of Fees. subject line if e-mail is used. To help the the proposed rule change, as described The purpose of the CMM Inactivity Commission process and review your in Items I, II, and III below, which items Fee has always been to promote greater comments more efficiently, please use have been prepared by the self- trading activity on the Exchange. The only one method. The Commission will regulatory organization. The Exchange believes that anything short of post all comments on the Commission’s Commission is publishing this notice to full utilization of its trading rights has Internet Web site (http://www.sec.gov/ solicit comments on the proposed rule adverse consequences. Not only does rules/sro.shtml). Copies of the change from interested persons. the Exchange lose fee revenues that these trading rights would generate, the submission, all subsequent I. Self-Regulatory Organization’s ISE market place loses liquidity that amendments, all written statements Statement of the Terms of Substance of additional market making would with respect to the proposed rule the Proposed Rule Change provide. The Exchange, however, also change that are filed with the The ISE is proposing to amend its recognizes that firms, and in particular Commission, and all written Schedule of Fees regarding its firms that are new members of the communications relating to the Competitive Market Maker (‘‘CMM’’) Exchange, need time to ramp up their proposed rule change between the Inactivity Fee. The text of the proposed operations to the point where they are Commission and any person, other than rule change is available on the able to efficiently operate as a market those that may be withheld from the Exchange’s Web site (http:// maker. Under the Exchange’s current fee public in accordance with the www.ise.com), on the Commission’s schedule, a new market maker would be provisions of 5 U.S.C. 552, will be Web site at http://www.sec.gov, at the subject to an inactivity fee of $25,000 available for inspection and copying in principal office of the Exchange, and at per Trading Right per month if that the Commission’s Public Reference the Commission’s Public Reference market maker is not able to commence Room, 100 F Street, NE., Washington, Room. operations immediately after purchasing the Trading Rights. The Exchange DC 20549, on official business days II. Self-Regulatory Organization’s believes assessing this fee is a strong between the hours of 10 a.m. and 3 p.m. Statement of the Purpose of, and disincentive for any new member to Copies of such filing also will be Statutory Basis for, the Proposed Rule acquire Trading Rights and become a available for inspection and copying at Change the principal office of the Exchange. All market maker on the Exchange. comments received will be posted In its filing with the Commission, the Thus, the Exchange proposes to self-regulatory organization included without change; the Commission does amend its current CMM Inactivity Fee statements concerning the purpose of, not edit personal identifying with respect to any member who and basis for, the proposed rule change acquires one or more CMM Trading information from submissions. You and discussed any comments it received Right by providing the Exchange the should submit only information that on the proposed rule change. The text ability to waive this fee for up to three you wish to make available publicly. All of these statements may be examined at submissions should refer to File the places specified in Item IV below. 3 The Note to the CMM Inactivity Fee on the Number SR–BX–2009–080 and should The self-regulatory organization has Schedule of Fees provides that the fee applies to the be submitted on or before January 4, owner of the CMM membership, unless the inactive CMM membership is subject to a lease that was 2010. 11 17 CFR 200.30–3(a)(12). approved by the Exchange prior to the effective date 1 15 U.S.C. 78s(b)(1). of the fee, in which case the fee would apply to the 2 17 CFR 240.19b–4. lessee.

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full calendar months. The waiver, arguments concerning the foregoing, SECURITIES AND EXCHANGE which would be granted by an Exchange including whether the proposal is COMMISSION official designated by the Exchange’s consistent with the Act. Comments may [Release No. 34–61128; File No. SR– Board of Directors, would only apply if be submitted by any of the following NASDAQ–2009–106] the member purchasing the Trading methods: Rights is not currently an ISE market Self-Regulatory Organizations; The maker and needs additional time to Electronic Comments • NASDAQ Stock Market LLC; Notice of commence its operations on the Use the Commission’s Internet Filing and Immediate Effectiveness of Exchange as a market maker. The comment form (http://www.sec.gov/ Proposed Rule Change To Amend Rule Exchange believes granting the waiver rules/sro.shtml); or • 2330 and IM–2330 To Reflect Changes will provide new market makers Send an e-mail to rule- to Corresponding FINRA Rule sufficient time to become operationally [email protected]. Please include File ready. No. SR–ISE–2009–101 on the subject December 8, 2009. This proposed fee change will be line. Pursuant to Section 19(b)(1) of the operative on December 1, 2009. Paper Comments Securities Exchange Act of 1934 1 2 2. Statutory Basis • (‘‘Act’’), and Rule 19b–4 thereunder, Send paper comments in triplicate notice is hereby given that on December The basis under the Securities to Elizabeth M. Murphy, Secretary, 4, 2009, The NASDAQ Stock Market Exchange Act of 1934 (the ‘‘Exchange Securitiesand Exchange Commission, LLC (the ‘‘Exchange’’ or ‘‘NASDAQ’’) Act’’) for this proposed rule change is 100 F Street, NE., Washington, DC filed with the Securities and Exchange the requirement under Section 6(b)(4) 20549–1090. Commission (‘‘Commission’’) the that an exchange have an equitable All submissions should refer to File No. proposed rule change as described in allocation of reasonable dues, fees and SR–ISE–2009–101. This file number Items I, II, and III below, which Items other charges among its members and should be included on the subject line have been prepared by the Exchange. other persons using its facilities. In if e-mail is used. To help the The Exchange has designated the particular, the proposed fee change will Commission process and review your proposed rule change as constituting a allow the Exchange to recoup lost comments more efficiently, please use non-controversial rule change under revenue and encourage the timely only one method. The Commission will Rule 19b–4(f)(6) under the Act,3 which operation of its CMM Trading Rights. post all comments on the Commission’s renders the proposal effective upon B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ filing with the Commission. The Statement on Burden on Competition rules/sro.shtml). Copies of the Commission is publishing this notice to submission, all subsequent The proposed rule change does not solicit comments on the proposed rule amendments, all written statements impose any burden on competition that change from interested persons. with respect to the proposed rule is not necessary or appropriate in change that are filed with the I. Self-Regulatory Organization’s furtherance of the purposes of the Act. Commission, and all written Statement of the Terms of Substance of C. Self-Regulatory Organization’s communications relating to the the Proposed Rule Change Statement on Comments on the proposed rule changes between the Pursuant to the provisions of Section Proposed Rule Change Received From Commission and any person, other than 19(b)(1) of the Securities Exchange Act Members, Participants or Others those that may be withheld from the of 1934 (‘‘Act’’),4 and Rule 19b–4 The Exchange has not solicited, and public in accordance with the thereunder,5 the NASDAQ Stock Market does not intend to solicit, comments on provisions of 5 U.S.C. 552, will be LLC (the ‘‘Exchange’’ or ‘‘NASDAQ’’) is this proposed rule change. The available for inspection and copying in filing with the Securities and Exchange Exchange has not received any the Commission’s Public Reference Commission (‘‘Commission’’) a unsolicited written comments from Room, 100 F Street, NE., Washington, proposed rule change to amend members or other interested parties. DC 20549, on official business days NASDAQ Rule 2330 and IM–2330 to between the hours of 10 a.m. and 3 p.m. reflect recent changes to a III. Date of Effectiveness of the Copies of such filing also will be corresponding rule of the Financial Proposed Rule Change and Timing for available for inspection and copying at Industry Regulatory Authority Commission Action the principal office of ISE. All (‘‘FINRA’’). The text of the proposed The foregoing rule change has become comments received will be posted rule change is below. Proposed new effective pursuant to Section 19(b)(3) of without change; the Commission does language is italicized; proposed the Act 4 and Rule 19b–4(f)(2) 5 not edit personal identifying deletions are in brackets: thereunder. At any time within 60 days information from submissions. You NASDAQ Stock Market Rules of the filing of such proposed rule should submit only information that change, the Commission may summarily you wish to make available publicly. All * * * * * abrogate such rule change if it appears submissions should refer to File No. 2150. Customers’ Securities or Funds to the Commission that such action is SR–ISE–2009–101 and should be necessary or appropriate in the public (a) Nasdaq Members and persons submitted on or before January 4, 2010. associated with a member shall comply with interest, for the protection of investors, For the Commission, by the Division of FINRA Rule 2150 as if such Rule were part or otherwise in furtherance of the Trading and Markets, pursuant to delegated of Nasdaq’s Rules. purposes of the Act. authority.6 (b) Nothing in FINRA Rule 2150, as IV. Solicitation of Comments Florence E. Harmon, applied to Nasdaq members and their Deputy Secretary. Interested persons are invited to 1 15 U.S.C. 78s(b)(1). submit written data, views and [FR Doc. E9–29647 Filed 12–11–09; 8:45 am] 2 17 CFR 240.19b–4. BILLING CODE 8011–01–P 3 17 CFR 240.19b–4(f)(6). 4 15 U.S.C. 78s(b)(3)(A). 4 15 U.S.C. 78s(b)(1). 5 17 CFR 19b–4(f)(2). 6 17 CFR 200.30–3(a)(12). 5 17 CFR 240.19b–4.

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associated persons, shall be construed to modifying its rulebook to ensure that renaming Rule 2330 to new Rule 2150 authorize any Nasdaq member or associated NASDAQ rules corresponding to and renaming IM–2330 to new IM–2150, person to act in a manner inconsistent with FINRA/NASD rules continue to mirror in order to incorporate by reference the Section 11(a) of the Act. them as closely as practicable. In some FINRA rule. NASDAQ would delete IM–2150. Segregation of Customers’ cases, it will not be possible for the rule current Rule 2330 and IM–2330. Securities numbers of NASDAQ rules to mirror NASDAQ also proposes to amend the (a) Nasdaq Members and persons corresponding FINRA rules, because references to NASD Rule 2330 to instead associated with a member shall comply with existing or planned NASDAQ rules state FINRA Rule 2150 in the new Rule FINRA Interpretive Material 2150 as if such make use of those numbers. However, 2150 and IM–2150 to reflect the change Rule were part of Nasdaq’s Rules. wherever possible, NASDAQ plans to to the FINRA rules. (b) For purposes of this Rule, references to update its rules to reflect changes to Rule 2150 shall be construed as references to 2. Statutory Basis Nasdaq Rule 2150. corresponding FINRA rules. This filing addresses NASDAQ Rule The Exchange believes that the * * * * * 2330 entitled ‘‘Customers’ Securities or proposed rule change is consistent with [2330. Customers’ Securities or Funds Funds’’ and IM–2330 entitled the provisions of Section 6 of the Act,7 (a) Nasdaq Members and persons ‘‘Segregation of Customers’ Securities.’’ in general, and with Sections 6(b)(5) of 8 associated with a member shall comply with NASDAQ Rule 2330 and IM–2330 both the Act, in particular, in that the NASD Rule 2330 as if such Rule were part make reference to NASD Rule 2330 proposal is designed to prevent of Nasdaq’s Rules. entitled ‘‘Improper Use of Customer’s fraudulent and manipulative acts and (b) Nothing in NASD Rule 2330, as applied Securities or Funds; Prohibitions practices, to promote just and equitable to Nasdaq members and their associated Against Guarantees and Sharing in principles of trade, to foster cooperation persons, shall be construed to authorize any Accounts.’’ FINRA filed a proposed rule and coordination with persons engaged Nasdaq member or associated person to act in regulating, clearing, settling, in a manner inconsistent with Section 11(a) change, which will be effective of the Act.] December 14, 2009, to adopt NASD Rule processing information with respect to, [IM–2330. Segregation of Customers’ 2330 as FINRA Rule 2150.6 FINRA and facilitating transactions in Securities made minor changes to Rule 2150, securities, to remove impediments to (a) Nasdaq Members and persons specifically amending 2150(c). FINRA and perfect the mechanism of a free and associated with a member shall comply with Rule 2150 prohibits members and open market and a national market NASD Interpretive Material 2330 as if such associated person from: (a) Making system, and, in general, to protect Rule were part of Nasdaq’s Rules. improper use of a customer’s securities investors and the public interest. The (b) For purposes of this Rule, references to proposed changes will conform Rule 2330 shall be construed as references to or funds; (b) guaranteeing a customer Nasdaq Rule 2330.] against loss in connection with any NASDAQ Rule 2330 and IM–2330 to recent changes made to a corresponding * * * * * securities transaction or in any securities account of the customer; and FINRA rule, to promote application of II. Self-Regulatory Organization’s (c) sharing in the profits or losses in the consistent regulatory standards. Statement of the Purpose of, and customer’s account except under certain B. Self-Regulatory Organization’s Statutory Basis for, the Proposed Rule limited conditions specified in the Rule. Statement on Burden on Competition Change In addition, FINRA added Supplementary Information to Rule The Exchange does not believe that In its filing with the Commission, the the proposed rule change will result in 2150 that codifies existing staff Exchange included statements any burden on competition that is not guidance clarifying that: (i) A concerning the purpose of and basis for necessary or appropriate in furtherance ‘‘guarantee’’ extended to all holders of a the proposed rule change and discussed of the purposes of the Act, as amended. any comments it received on the particular security by an issuer as part proposed rule change. The text of these of that security generally would not be C. Self-Regulatory Organization’s statements may be examined at the subject to the prohibition against Statement on Comments on the places specified in Item IV below. The guarantees and that a permissible Proposed Rule Change Received From Exchange has prepared summaries, set sharing arrangement remains subject to Members, Participants, or Others forth in Sections A, B, and C below, of other applicable FINRA rules; (ii) the Written comments were neither the most significant aspects of such rule does not preclude a member from solicited nor received. statements. determining on an after-the-fact basis, to reimburse a customer for transaction III. Date of Effectiveness of the A. Self-Regulatory Organization’s losses, provided however that the Proposed Rule Change and Timing for Statement of the Purpose of, and member shall comply with all reporting Commission Action Statutory Basis for, the Proposed Rule requirements that may be applicable to Because the foregoing proposed rule Change such payment; (iii) the rule does not change does not: (i) Significantly affect 1. Purpose preclude a member from correcting a the protection of investors or the public bona fide error; and (iv) the required interest; (ii) impose any significant Many of NASDAQ’s rules are based written authorization(s) shall be burden on competition; and (iii) become on rules of FINRA (formerly the preserved for a period of at least six operative for 30 days from the date on National Association of Securities years after the date the account is which it was filed, or such shorter time Dealers (‘‘NASD’’)). During 2008, FINRA closed, which is consistent with the as the Commission may designate, it has embarked on an extended process of retention period under the Act for become effective pursuant to Section moving rules formerly designated as similar records. 19(b)(3)(A) of the Act 9 and Rule 19b– ‘‘NASD Rules’’ into a consolidated NASDAQ is proposing to amend 4(f)(6) thereunder.10 FINRA rulebook. In most cases, FINRA NASDAQ Rule 2330 and IM–2330 by has renumbered these rules, and in 7 15 U.S.C. 78f. some cases has substantively amended 6 Securities Exchange Act Release No. 60701 8 15 U.S.C. 78f(b)(5). them. Accordingly, NASDAQ also (September 21, 2009), 74 FR 49425 (September 28, 9 15 U.S.C. 78s(b)(3)(A). proposes to initiate a process of 2009) (SR–FINRA–2009–014). 10 17 CFR 240.19b–4(f)(6).

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At any time within 60 days of the submissions should refer to File II. Self-Regulatory Organization’s filing of the proposed rule change, the Number SR–NASDAQ–2009–106 and Statement of the Purpose of, and Commission may summarily abrogate should be submitted on or before Statutory Basis for, the Proposed Rule such rule change if it appears to the January 4, 2010. Change Commission that such action is necessary or appropriate in the public For the Commission, by the Division of In its filing with the Commission, the Trading and Markets, pursuant to delegated self-regulatory organization included interest, for the protection of investors, 11 or otherwise in furtherance of the authority. statements concerning the purpose of purposes of the Act. Florence E. Harmon, and basis for the proposed rule change Deputy Secretary. and discussed any comments it received IV. Solicitation of Comments [FR Doc.E9–29648 Filed 12–11–09; 8:45 am] on the proposed rule change. The text Interested persons are invited to BILLING CODE 8011–01–P of these statements may be examined at submit written data, views and the places specified in Item IV below. arguments concerning the foregoing, The NYSE has prepared summaries, set including whether the proposed rule SECURITIES AND EXCHANGE forth in Sections A, B and C below, of change is consistent with the Act. COMMISSION the most significant aspects of such Comments may be submitted by any of statements. the following methods: [Release No. 34–61130; File No. SR–NYSE– A. Self-Regulatory Organization’s Electronic Comments 2009–118] Statement of the Purpose of, and • Use the Commission’s Internet Statutory Basis for, the Proposed Rule comment form (http://www.sec.gov/ Self-Regulatory Organizations; New Change rules/sro.shtml); or York Stock Exchange LLC; Notice of • Send an e-mail to rule- Filing and Immediate Effectiveness of 1. Purpose Proposed Rule Change To Exclude [email protected]. Please include File The NYSE charges member Number SR–NASDAQ–2009–106 on the Early Closing Days From Certain ADV organizations a lower transaction fee per subject line. Calculations share when they provide liquidity with Paper Comments December 8, 2009. respect to specified levels of average daily trading volume (‘‘ADV’’) in the • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the applicable month. In addition, the to Elizabeth M. Murphy, Secretary, Securities Exchange Act of 1934 (the Exchange pays credits to SLPs for Securities and Exchange Commission, ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 providing liquidity to the Exchange and, 100 F Street, NE., Washington, DC notice is hereby given that on in doing so, pays higher credits to SLPs 20549–1090. December 1, 2009, New York Stock that provide liquidity in excess of All submissions should refer to File Exchange LLC (the ‘‘NYSE’’ or the specified levels of ADV for the Number SR–NASDAQ–2009–106. This ‘‘Exchange’’) filed with the Securities applicable month. The Exchange file number should be included on the and Exchange Commission (the proposes to exclude trading volume data subject line if e-mail is used. from those days on which it closes early To help the Commission process and ‘‘Commission’’) the proposed rule from calculations of ADV used in review your comments more efficiently, change as described in Items I, II and III determining member organizations’ and please use only one method. The below, which items have been prepared SLPs’ qualification for more favorable Commission will post all comments on by the Exchange. The Commission is transaction pricing and liquidity credit the Commission’s Internet Web site publishing this notice to solicit tiers. The Exchange closes early on a (http://www.sec.gov/rules/sro.shtml). comments on the proposed rule change small number of trading days in the Copies of the submission, all subsequent from interested persons. course of the year, which are generally amendments, all written statements I. Self-Regulatory Organization’s the trading days before or after a public with respect to the proposed rule Statement of the Terms of Substance of holiday (e.g., Christmas Eve and the day change that are filed with the the Proposed Rule Change after Thanksgiving). As the trading on Commission, and all written those days occurs over a shorter time communications relating to the The Exchange proposes to amend its period and is typically very light, the proposed rule change between the price list to provide that data from days Exchange believes that including it in Commission and any person, other than on which the Exchange closes early will ADV calculations distorts ADV for the those that may be withheld from the not be included in calculations of applicable month. Consequently, the public in accordance with the average daily trading volume for the Exchange believes it is appropriate to provisions of 5 U.S.C. 552, will be applicable month in determining exclude days on which it closes early available for inspection and copying in member organizations’ qualification for from ADV calculations. The Exchange the Commission’s Public Reference pricing tiers and qualification of notes that it will continue to include Room, 100 F Street, NE., Washington, Supplemental Liquidity Providers early closing days in ADV calculations DC 20549, on official business days when determining whether securities between the hours of 10 a.m. and 3 p.m. (‘‘SLPs’’) for liquidity credits. The text are ‘‘More Active Securities’’ or ‘‘Less Copies of such filing also will be of the proposed rule change is available Active Securities’’ for purposes of available for inspection and copying at on the Exchange’s Web site (http:// determining which rebate tier the principal office of the Exchange. All www.nyse.com), at the Exchange’s Designated Market Makers qualify for comments received will be posted Office of the Secretary, and at the when adding liquidity to the Exchange. without change; the Commission does Commission’s Public Reference Room. not edit personal identifying 2. Statutory Basis information from submissions. You 11 17 CFR 200.30–3(a)(12). should submit only information that 1 15 U.S.C.78s(b)(1). The Exchange believes that the you wish to make available publicly. All 2 17 CFR 240.19b–4. proposed rule change is consistent with

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the provisions of Section 6 3 of the Act Number SR–NYSE–2009–118 on the the authority vested in me by the Act of in general and Section 6(b)(4) of the subject line. October 19, 1965 (79 Stat. 985; 22 U.S.C. Act 4 in particular, in that it is designed 2459), Executive Order 12047 of March Paper Comments to provide for the equitable allocation of 27, 1978, the Foreign Affairs Reform and reasonable dues, fees and other charges • Send paper comments in triplicate Restructuring Act of 1998 (112 Stat. among its members and other persons to Elizabeth M. Murphy, Secretary, 2681, et seq.; 22 U.S.C. 6501 note, et using its facilities. The Exchange Securities and Exchange Commission, seq.), Delegation of Authority No. 234 of believes that the proposal does not 100 F Street, NE., Washington, DC October 1, 1999, Delegation of Authority constitute an inequitable allocation of 20549–1090. No. 236 of October 19, 1999, as dues, fees and other charges, as ADV All submissions should refer to File amended, and Delegation of Authority will be calculated on the same basis for Number SR–NYSE–2009–118. This file No. 257 of April 15, 2003 [68 FR 19875], purposes of determining the number should be included on the I hereby determine that the objects to be qualification of all member subject line if e-mail is used. To help the included in the exhibition ‘‘Renoir in organizations for more favorable Commission process and review your the 20th Century,’’ imported from transaction pricing and liquidity credit comments more efficiently, please use abroad for temporary exhibition within tiers. only one method. The Commission will the United States, are of cultural post all comments on the Commission’s significance. The objects are imported B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ pursuant to loan agreements with the Statement on Burden on Competition rules/sro/shtml). Copies of the foreign owners or custodians. I also The Exchange does not believe that submission,7 all subsequent determine that the exhibition or display the proposed rule change will impose amendments, all written statements of the exhibit objects at the Los Angeles any burden on competition that is not with respect to the proposed rule County Museum of Art, Los Angeles, Ca, necessary or appropriate in furtherance change that are filed with the from on or about February 14, 2010, of the purpose of the Act. Commission, and all written until on or about May 9, 2010; at the communications relating to the Philadelphia Museum of Art, C. Self-Regulatory Organization’s proposed rule change between the Statement on Comments on the Philadelphia, PA, from on or about June Commission and any person, other than 12, 2010, to on or about September 5, Proposed Rule Change Received From those that may be withheld from the Members, Participants or Others 2010; and at possible additional public in accordance with the exhibitions or venues yet to be Written comments were neither provisions of 5 U.S.C. 552, will be determined, is in the national interest. solicited nor received. available for inspection and copying in Public Notice of these Determinations is the Commission’s Public Reference III. Date of Effectiveness of the ordered to be published in the Federal Section, 100 F Street, NE., Washington, Register. Proposed Rule Change and Timing for DC 20549–1090, on official business FOR FURTHER INFORMATION CONTACT: For Commission Action days between the hours of 10 a.m. and further information, including a list of The foregoing rule change is effective 3 p.m. Copies of such filing will also be the exhibit objects, contact Carol B. upon filing pursuant to Section available for inspection and copying at Epstein, Attorney-Adviser, Office of the 19(b)(3)(A) 5 of the Act and Rule 19b– the principal office of the Exchange. All Legal Adviser, U.S. Department of State 4(f)(2) 6 thereunder. comments received will be posted (telephone: 202/632–6473). The address At any time within 60 days of the without change; the Commission does is U.S. Department of State, SA–5, L/PD, filing of the proposed rule change, the not edit personal identifying Fifth Floor, Washington, DC 20522– Commission may summarily abrogate information from submissions. You 0505. such rule change if it appears to the should submit only information that Commission that such action is you wish to make available publicly. All Dated: December 1, 2009. necessary or appropriate in the public submissions should refer to File number Maura M. Pally, interest, for the protection of investors, SR–NYSE–2009–118 and should be Deputy Assistant Secretary for Professional or otherwise in furtherance of the submitted on or before January 4, 2010. and Cultural Exchanges, Bureau of purposes of the Act. For the Commission, by the Division of Educational and Cultural Affairs, Department Trading and Markets, pursuant to delegated of State. IV. Solicitation of Comments authority.8 [FR Doc. E9–29716 Filed 12–11–09; 8:45 am] Interested persons are invited to Florence E. Harmon, BILLING CODE 4710–05–P submit written data, views and Deputy Secretary. arguments concerning the foregoing, [FR Doc. E9–29632 Filed 12–11–09; 8:45 am] DEPARTMENT OF STATE including whether the proposed rule BILLING CODE 8011–01–P change, as amended, is consistent with [Public Notice 6850] the Act. Comments may be submitted by any of the following methods: DEPARTMENT OF STATE Culturally Significant Object Imported for Exhibition Determinations: Electronic Comments [Public Notice 6849] ‘‘Portrait of a Lady’’ • Use the Commission’s Internet comment form (http://www.sec.gov/ Culturally Significant Objects Imported SUMMARY: Notice is hereby given of the rules/sro.shtml); or for Exhibition Determinations: ‘‘Renoir following determinations: Pursuant to • Send an e-mail to rule- in the 20th Century’’ the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. [email protected]. Please include File SUMMARY: Notice is hereby given of the 2459), Executive Order 12047 of March following determinations: Pursuant to 3 15 U.S.C. 78f. 27, 1978, the Foreign Affairs Reform and 4 15 U.S.C. 78f(b)(4). 7 The text of the proposed rule change is available Restructuring Act of 1998 (112 Stat. 5 15 U.S.C. 78s(b)(3)(A). at the Commission’s Web site (http://www.sec.gov). 2681, et seq.; 22 U.S.C. 6501 note, et 6 17 CFR 240.19b–4(f)(2). 8 17 CFR 200.30–3(a)(12). seq.), Delegation of Authority No. 234 of

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October 1, 1999, Delegation of Authority with the foreign owners or custodians. the 2-year period; and (4) the No. 236 of October 19, 1999, as I also determine that the exhibition or requirements at 49 CFR 1105.7 amended, and Delegation of Authority display of the exhibit objects at the (environmental report), 49 CFR 1105.8 No. 257 of April 15, 2003 [68 FR 19875], Museum of Modern Art, New York, (historic report), 49 CFR 1105.11 I hereby determine that the object to be from on or about April 11, 2010, until (transmittal letter), 49 CFR 1105.12 included in the exhibition ‘‘Portrait of a on or about June 28, 2010; the Art (newspaper publication), and 49 CFR Lady,’’ imported from abroad for Institute of Chicago, from on or about 1152.50(d)(1) (notice to governmental temporary exhibition within the United July 24, 2010, until on or about October agencies) have been met. States, is of cultural significance. The 3, 2010; the San Francisco Museum of As a condition to this exemption, any object is imported pursuant to a loan Modern Art, from on or about November employee adversely affected by the agreement with the foreign owner or 6, 2010, until on or about January 30, abandonment shall be protected under custodian. I also determine that the 2011; the High Museum of Art, Atlanta, Oregon Short Line R. Co.— exhibition or display of the exhibit from on or about February 16, 2011, Abandonment–Goshen, 360 I.C.C. 91 object at the Art Institute of Chicago, until on or about May 15, 2011, and at (1979). To address whether this Chicago, IL, from on or about January 1, possible additional exhibitions or condition adequately protects affected 2010, until on or about December 31, venues yet to be determined, is in the employees, a petition for partial 2011, and at possible additional national interest. I have ordered that revocation under 49 U.S.C. 10502(d) exhibitions or venues yet to be Public Notice of these Determinations must be filed. determined, is in the national interest. be published in the Federal Register. Provided no formal expression of Public Notice of these Determinations is FOR FURTHER INFORMATION CONTACT: For intent to file an offer of financial ordered to be published in the Federal further information, including a list of assistance (OFA) has been received, this Register. the exhibit objects, contact Paul W. exemption will be effective on January FOR FURTHER INFORMATION CONTACT: For Manning, Attorney-Adviser, Office of 13, 2010, unless stayed pending further information, including a list of the Legal Adviser, U.S. Department of reconsideration. Petitions to stay that do 1 the exhibit objects, contact Carol B. State (telephone: 202–632–6469). The not involve environmental issues, Epstein, Attorney-Adviser, Office of the mailing address is U.S. Department of formal expressions of intent to file an 2 Legal Adviser, U.S. Department of State State, SA–5, L/PD, Fifth Floor (Suite OFA under 49 CFR 1152.27(c)(2), and (telephone: 202/632–6473). The address 5H03), Washington, DC 20522–0505. trail use/rail banking requests under 49 is U.S. Department of State, SA–5, L/PD, CFR 1152.29 must be filed by December Dated: December 3, 2009. 24, 2009. Petitions to reopen or requests Fifth Floor, Washington, DC 20522– Maura M. Pally, 0505. for public use conditions under 49 CFR Deputy Assistant Secretary for Professional 1152.28 must be filed by January 4, Dated: December 3, 2009. and Cultural Exchanges, Bureau of 2010, with: Surface Transportation Maura M. Pally, Educational and Cultural Affairs, Department Board, 395 E Street, SW., Washington, Deputy Assistant Secretary for Professional of State. DC 20423–0001. and Cultural Exchanges, Bureau of [FR Doc. E9–29719 Filed 12–11–09; 8:45 am] A copy of any petition filed with the Educational and Cultural Affairs, Department BILLING CODE 4710–05–P Board should be sent to NSR’s of State. representative: James R. Paschall, Senior [FR Doc. E9–29717 Filed 12–11–09; 8:45 am] General Attorney, Norfolk Southern BILLING CODE 4710–05–P DEPARTMENT OF TRANSPORTATION Corporation, Three Commercial Place, Norfolk, VA 23510. Surface Transportation Board If the verified notice contains false or DEPARTMENT OF STATE [STB Docket No. AB–290 (Sub-No. 315X)] misleading information, the exemption [PUBLIC NOTICE 6848] is void ab initio. Norfolk Southern Railway Company— NSR has filed a combined Culturally Significant Objects Imported Abandonment Exemption—in environmental and historic report that for Exhibition Determinations: ‘‘Henri Chemung County, NY addresses the effects, if any, of the Cartier-Bresson: The Modern Century’’ abandonment on the environment and Norfolk Southern Railway Company historic resources. SEA will issue an SUMMARY: Notice is hereby given of the (NSR) has filed a verified notice of environmental assessment (EA) by following determinations: Pursuant to exemption under 49 CFR 1152 Subpart December 18, 2009. Interested persons the authority vested in me by the Act of F—Exempt Abandonments to abandon a may obtain a copy of the EA by writing October 19, 1965 (79 Stat. 985; 22 U.S.C. 1.85-mile line of railroad between to SEA (Room 1100, Surface 2459), Executive Order 12047 of March milepost KV 249.55 and milepost KV Transportation Board, Washington, DC 27, 1978, the Foreign Affairs Reform and 251.40 in Elmira, Chemung County, NY. 20423–0001) or by calling SEA, at (202) Restructuring Act of 1998 (112 Stat. The line traverses United States Postal 245–0305. Assistance for the hearing 2681, et seq.; 22 U.S.C. 6501 note, et Service Zip Codes 14901 and 14903. impaired is available through the seq.), Delegation of Authority No. 234 of NSR has certified that: (1) No local October 1, 1999, Delegation of Authority traffic has moved over the line for at 1 The Board will grant a stay if an informed No. 236 of October 19, 1999, as least 2 years; (2) any overhead traffic decision on environmental issues (whether raised amended, and Delegation of Authority can be rerouted over other lines; (3) no by a party or by the Board’s Section of No. 257 of April 15, 2003 [68 FR 19875], formal complaint filed by a user of rail Environmental Analysis (SEA) in its independent investigation) cannot be made before the I hereby determine that the objects to be service on the line (or by a state or local exemption’s effective date. See Exemption of Out- included in the exhibition ‘‘Henri government entity acting on behalf of of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any Cartier-Bresson: The Modern Century,’’ such user) regarding cessation of service request for a stay should be filed as soon as possible imported from abroad for temporary over the line either is pending with the so that the Board may take appropriate action before the exemption’s effective date. exhibition within the United States, are Surface Transportation Board (Board) or 2 Each OFA must be accompanied by the filing of cultural significance. The objects are with any U.S. District Court or has been fee, which currently is set at $1,500. See 49 CFR imported pursuant to loan agreements decided in favor of complainant within 1002.2(f)(25).

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Federal Information Relay Service complainant within the 2-year period; DEPARTMENT OF TRANSPORTATION (FIRS) at 1–800–877–8339. Comments and (4) the requirements at 49 CFR on environmental and historic 1105.12 (newspaper publication) and 49 Federal Highway Administration preservation matters must be filed CFR 1152.50(d)(1) (notice to Notice of Final Federal Agency Actions within 15 days after the EA becomes governmental agencies) have been met. available to the public. on Proposed Highway in California As a condition to this exemption, any Environmental, historic preservation, employee adversely affected by the AGENCY: Federal Highway public use, or trail use/rail banking Administration (FHWA), DOT. conditions will be imposed, where discontinuance of service shall be protected under Oregon Short Line R. ACTION: Notice of Limitation on Claims appropriate, in a subsequent decision. for Judicial Review of Actions by the Pursuant to the provisions of 49 CFR Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this California Department of Transportation 1152.29(e)(2), NSR shall file a notice of (Caltrans), pursuant to 23 U.S.C. 327, condition adequately protects affected consummation with the Board to signify and other Federal agencies, such as U.S. employees, a petition for partial that it has exercised the authority Army Corps of Engineers (USACE) that granted and fully abandoned the line. If revocation under 49 U.S.C. 10502(d) are using this NEPA document in its consummation has not been effected by must be filed. decisionmaking. NSR’s filing of a notice of Provided no formal expression of consummation by December 14, 2010, intent to file an offer of financial SUMMARY: The FHWA, on behalf of and there are no legal or regulatory assistance (OFA) has been received, this Caltrans, is issuing this notice to announce actions taken by Caltrans, and barriers to consummation, the authority exemption will be effective on January applicable Federal agencies that are to abandon will automatically expire. 13, 2010,1 unless stayed pending Board decisions and notices are final within the meaning of 23 U.S.C. reconsideration. Petitions to stay that do 139(l)(1). The actions relate to a available on our Web site at: ‘‘http:// not involve environmental issues and www.stb.dot.gov.’’ proposed highway project, State Route formal expressions of intent to file an 152, Los Banos Bypass Project postmiles Decided: December 8, 2009. OFA for continued rail service under 49 16.0 to 24.8 in Merced County, State of By the Board, Joseph H. Dettmar, Acting CFR 1152.27(c)(2),2 must be filed by California. Those actions grant licenses, Director, Office of Proceedings. December 24, 2009.3 Petitions to reopen permits, and approvals for the project. Kulunie L. Cannon, must be filed by January 5, 2010, with DATES: By this notice, the FHWA, on Clearance Clerk. the Surface Transportation Board, 395 E behalf of Caltrans, is advising the public [FR Doc. E9–29670 Filed 12–11–09; 8:45 am] Street, SW., Washington, DC 20423– of final agency actions subject to 23 BILLING CODE 4915–01–P 0001. U.S.C. 139(l)(1). A claim seeking A copy of any petition filed with the judicial review of the Federal agency actions on the highway project will be DEPARTMENT OF TRANSPORTATION Board should be sent to GLSR’s representative: Fritz R. Kahn, Fritz R. barred unless the claim is filed on or before June 14, 2010. If the Federal law Surface Transportation Board Kahn, P.C., 1920 N Street, NW. (8th floor), Washington, DC 20036. that authorizes judicial review of a [STB Docket No. AB–1051X] claim provides a time period of less If the verified notice contains false or than 180 days for filing such claim, then Gloster Southern Railroad Company misleading information, the exemption that shorter time period still applies. LLC—Discontinuance of Service is void ab initio. FOR FURTHER INFORMATION CONTACT: For Exemption—in Amite and Wilkinson Board decisions and notices are Caltrans: Gail Miller; Acting Counties, MS and East Feliciana available on our Web site at: http:// Environmental Office Chief; Central Parish, LA www.stb.dot.gov. Region Environmental North Office, 2015 E. Shields Ave, Fresno, CA 93726; Gloster Southern Railroad Company Decided: December 8, 2009. LLC (GLSR) has filed a verified notice 8 a.m.–5 p.m., 559–243–8274, By the Board, Joseph H. Dettmar, Acting [email protected]. of exemption under 49 CFR 1152 Director, Office of Proceedings. Subpart F—Exempt Abandonments and SUPPLEMENTARY INFORMATION: Effective Kulunie L. Cannon, Discontinuances of Service to July 1, 2007, the FHWA assigned, and discontinue service over a 32.7-mile line Clearance Clerk. Caltrans assumed environmental of railroad between milepost 0.0, at [FR Doc. E9–29638 Filed 12–11–09; 8:45 am] responsibilities for this project pursuant Slaughter, LA, and milepost 32.7, at BILLING CODE 4915–01–P to 23 U.S.C. 327. Notice is hereby given Gloster, MS, in East Feliciana Parish, that the Caltrans, has taken final agency LA, and Wilkinson and Amite Counties, actions subject to 23 U.S.C. 139(l)(1) MS. The line traverses United States approving the following highway 1 GLSR submitted its original notice of exemption Postal Service Zip Codes 39631, 39638, on October 27, 2009, without an affidavit certifying project in the State of California: The 70730, 70761, and 70777. newspaper publication as required under 49 CFR Los Banos Bypass Project would build a GLSR has certified that: (1) No traffic 1105.12. On November 24, 2009, GLSR filed such four-lane freeway within an ultimate has moved over the line for at least 2 an affidavit. Accordingly, the file date for this six-lane right-of-way. Alternative 3M, years; (2) any overhead traffic can be notice of exemption is November 24, 2009. the chosen alternative, would proceed rerouted over other lines; (3) no formal 2 Each OFA must be accompanied by the filing northeast from a western interchange complaint filed by a user of rail service fee, which currently is set at $1,500. See 49 CFR and cross Badger Flat Road. The on the line (or by a state or local 1002.2(f)(25). alignment would range from 3 government entity acting on behalf of Because this is a discontinuance proceeding and approximately 2,055 to 3,266 feet south not an abandonment, trail use/rail banking and such user) regarding cessation of service public use conditions are not appropriate. Likewise, of Henry Miller Road. The alignment over the line either is pending with the no environmental or historical documentation is would then dip southeast to run Board or with any U.S. District Court or required here under 49 CFR 1105.6(c) and between the San Luis and Santa Fe has been decided in favor of 1105.8(b), respectively. canals. An interchange is proposed near

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Santa Fe Grade Road post mile 23.5, 8. AB 32 sets the same overall Office hours are from 8:30 a.m. to 5 p.m. where the bypass would connect with greenhouse gas emissions reduction Monday through Friday, except Federal the existing State Route 152. The actions goals while further mandating that the holidays. by the Federal agencies, and the laws California Air Resources Board create a SUPPLEMENTARY INFORMATION: under which such actions were taken, plan, which includes market are described in the Final mechanisms, and implement rules to Electronic Access Environmental Impact Statement (FEIS) achieve ‘‘real, quantifiable, cost- for the project, approved on June 25, effective reductions of greenhouse You may see all the comments online 2007, in the FHWA Record of Decision gases.’’ through the Federal Document (ROD) issued on September 14, 2009 9. Executive Order S–20–06 directs Management System (FDMS) at and in other documents in the FHWA state agencies to begin implementing AB http://www.regulations.gov project records. The FEIS, ROD, and 32, including the recommendations other project records are available by made by the state’s Climate Action Background contacting Caltrans at the address Team. Under 49 U.S.C. 31136(e) and 31315, provided above. (Catalog of Federal Domestic Assistance FMCSA may grant an exemption for a 2- This notice applies to all Federal Program Number 20.205, Highway Planning year period if it finds ‘‘such exemption agency decisions as of the issuance date and Construction. The regulations of this notice and all laws under which implementing Executive Order 12372 would likely achieve a level of safety such actions were taken, including but regarding intergovernmental consultation on that is equivalent to, or greater than, the not limited to: Federal programs and activities apply to this level that would be achieved absent 1. General: National Environmental program.) such exemption.’’ The statute also Policy Act (NEPA) [42 U.S.C. 4321– Authority: 23 U.S.C. 139(l)(1) allows the Agency to renew exemptions 4351]; and Federal-Aid Highway Act [23 Issued on: December 8, 2009. at the end of the 2-year period. The U.S.C. 109 and 23 U.S.C. 128]. Cindy Vigue, comment period ended on November 18, 2009 (74 FR 53581). 2. Air: Clean Air Act [42 U.S.C. 7401– Director, State Programs, Federal Highway 7671(q)]. Administration, Sacramento, California. 3. Wildlife: Endangered Species Act Discussion of Comments [FR Doc. E9–29636 Filed 12–11–09; 8:45 am] [16 U.S.C. 1531–1544 and Section BILLING CODE 4910–RY–P FMCSA received no comments in this 1536]; Fish and Wildlife Coordination proceeding. Act [16 U.S.C. 661–667(d)]; and Migratory Bird Treaty Act [16 U.S.C. DEPARTMENT OF TRANSPORTATION Conclusion 703–712]. The Agency has not received any 4. Historic and Cultural Resources: Federal Motor Carrier Safety Section 106 of the National Historic Administration adverse evidence on any of these drivers Preservation Act of 1966, as amended that indicates that safety is being [16 U.S.C. 470(f) et seq.]; Archaeological [Docket Nos. FMCSA–1999–5578; FMCSA– compromised. Based upon its and Historic Preservation Act [16 U.S.C. 1999–6480; FMCSA–2001–9561; FMCSA– evaluation of the 19 renewal 2003–15892; FMCSA–2007–27897; FMCSA– 469–469c]; Archaeological Resources 2007–28695] applications, FMCSA renews the Protection Act of 1979 [16 U.S.C. 470aa Federal vision exemptions for Lauren C. et seq]; and Native American Graves Qualification of Drivers; Exemption Allen, Tracey A. Ammons, David N. Protection and Repatriation Act [25 Renewals; Vision Cleveland, Randy B. Combs, Robert L. U.S.C. 3001–3013]. Cross, Jr., James D. Davis, Thomas E. 5. Social and Economic: Civil Rights AGENCY: Federal Motor Carrier Safety Dixon, Edward J. Genovese, Dewayne E. Act of 1964 [42 U.S.C. 2000(d)– Administration (FMCSA), DOT. Harms, Mark D. Kraft, David F. LeClerc, 2000(d)(1)]; Farmland Protection Policy ACTION: Notice of final disposition. Charles D. Oestreich, Carson E. Act [7 U.S.C. 4201–4209]; and The SUMMARY: FMCSA previously Rohrbaugh, Donald J. Snider, John A. Uniform Relocation Assistance and Real announced its decision to renew the Sortman, Jesse L. Townsend, James A. Property Acquisition Act of 1970, as exemptions from the vision requirement Welch, Edward W. Yeates, Jr., and amended. Michael E. Yount. 6. Executive Orders: E.O. 11990 in the Federal Motor Carrier Safety Protection of Wetlands; E.O. 11988 Regulations for 19 individuals. FMCSA In accordance with 49 U.S.C. 31136(e) Floodplain Management; E.O. 12898 has statutory authority to exempt and 31315, each renewal exemption will Federal Actions to Address individuals from the vision requirement be valid for 2 years unless revoked Environmental Justice in Minority if the exemptions granted will not earlier by FMCSA. The exemption will Populations and Low Income compromise safety. The Agency has be revoked if: (1) The person fails to Populations; E.O. 11593 Protection and concluded that granting these comply with the terms and conditions Enhancement of the Cultural exemptions will provide a level of safety of the exemption; (2) the exemption has Environment; E.O. 13007 Indian Sacred that will be equivalent to, or greater resulted in a lower level of safety than Sites; E.O. 13287 Preserve America; than, the level of safety maintained was maintained before it was granted; or 13175 Consultation and Coordination without the exemptions for these (3) continuation of the exemption would with Indian Tribal Governments; E.O. commercial motor vehicle (CMV) not be consistent with the goals and 11514 Protection and Enhancement of drivers. objectives of 49 U.S.C. 31136 and 31315. FOR FURTHER INFORMATION CONTACT: Dr. Environmental Quality; and E.O. 13112 Issued on: December 4, 2009. Invasive Species. Mary D. Gunnels, Director, Medical 7. Wetlands and Water Resources: Programs, (202) 366–4001, Larry W. Minor, Safe Drinking Water Act [42 U.S.C. [email protected], FMCSA, Associate Administrator for Policy and 300(f)–300(j)(6)]; and Wetlands Department of Transportation, 1200 Program Development. Mitigation [23 U.S.C. 103(b)(6)(m) and New Jersey Avenue, SE., Room W64– [FR Doc. E9–29701 Filed 12–11–09; 8:45 am] 133(b)(11)]. 224, Washington, DC 20590–0001. BILLING CODE 4910–EX–P

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DEPARTMENT OF TRANSPORTATION appointed by the Administrator for up experience on panels that deal with to two-year terms. They are selected transportation safety and a record of Federal Motor Carrier Safety from among individuals who are not collaboration and professional Administration employees of FMCSA and who are experience in commercial motor vehicle [Docket No. FMCSA–2006–26367] specially qualified to serve on the safety issues. For nomination Committee based on their education, information or a nomination Motor Carrier Safety Advisory training, or experience. The members application, please contact Jack Committee; Request for Nominations include representatives of the motor Kostelnik at 202–366–5721, or by e-mail carrier industry, safety advocates, and at [email protected]. Nominations AGENCY: Federal Motor Carrier Safety safety enforcement officials. must be received on or January 13, 2010. Administration (FMCSA), DOT. Representatives of a single enumerated Issued on: December 8, 2009. ACTION: Request for Nominations to the interest group may not constitute a Anne S. Ferro, Motor Carrier Safety Advisory majority of the Committee members. Committee (MCSAC). The Administrator designates a Administrator. chairman of the Committee from among [FR Doc. E9–29700 Filed 12–11–09; 8:45 am] SUMMARY: The FMCSA solicits the members. Committee members must BILLING CODE 4910–EX–P nominations for interested persons in not be officers or employees of the the safety enforcement, safety advocacy, Federal Government and serve without and motor carrier industry (including pay. DEPARTMENT OF VETERANS labor unions) communities to serve on The White House has issued guidance AFFAIRS the MCSAC. The MCSAC is authorized to executive agencies and departments by the Safe, Accountable, Flexible, that Federally registered lobbyists not be Project Better Respiratory Equipment Efficient Transportation Equity Act: A appointed to agency advisory boards Using Advanced Technologies for Legacy for Users, Public Law 109–59. and commissions. Pursuant to this Healthcare Employees (B.R.E.A.T.H.E.) The committee was established by guidance, FMCSA will not consider for AGENCY: Department of Veterans Affairs. charter on September 8, 2006; the appointment to the MCSAC any charter was renewed on September 8, individual who is subject to the ACTION: Notice. 2008. The Committee is charged with registration and reporting requirements SUMMARY: The National Center for providing advice and recommendations of the Lobbying Disclosure Act. 2 U.S.C. Occupational Health and Infection to the FMCSA Administrator on the 1605. Control, [administered by the Office of needs, objectives, plans, approaches, The Administrator may allow a Public Health and Environmental content, and accomplishments of member, when attending meetings of Hazards, Veterans Health Federal motor carrier safety programs the Committee or a subcommittee, Administration (VHA), Department of and Federal motor carrier safety reimbursement of expenses authorized Veterans Affairs (VA)], is seeking to regulations. More information about the under Section 5703 of Title 5, United partner with commercial organizations MCSAC, including reports, meeting States Code and the Federal Travel that have respirator design and minutes and membership, can be found Regulation, 41 CFR Part 301, relating to manufacturing capabilities through a on the MCSAC Web site at http:// per diem, travel and transportation. Cooperative Research and Development mcsac.fmcsa.dot.gov/. The FMCSA anticipates calling Agreement (CRADA), under the DATES: Nominations for the MCSAC Committee meetings at least four times each year. Meetings are open to the authority of the Federal Technology must be received on or before January Transfer Act of 1986, Public Law 99– 13, 2010. general public, except as provided under the Federal Advisory Committee 502, 100 Stat. 1785 (codified as FOR FURTHER INFORMATION CONTACT: Mr. Act (FACA) (5 U.S.C. App. 2). Notice of amended in scattered sections of 15 Jack Kostelnik, Acting Chief, Strategic each meeting is published in the U.S.C. (the FTTA). The CRADA is on a Planning and Program Evaluation Federal Register at least 15 calendar research endeavor called Better Division, Office of Policy Plans and days prior to the date of the meeting. Respiratory Equipment using Advanced Regulation, Federal Motor Carrier Safety Technologies for Healthcare Employees Administration, 1200 New Jersey II. Request for Nominations (or Project B.R.E.A.T.H.E.) that aims to Avenue, SE., Washington, DC 20590– The FMCSA seeks nominations for develop a new respirator for health care 0001, 202–366–5721, membership to the MCSAC from workers. The genesis and emphasis of [email protected]. representatives of the safety Project B.R.E.A.T.H.E. grew from SUPPLEMENTARY INFORMATION: enforcement, safety advocacy, industry recommendations issued by the Institute (including labor unions) sectors with of Medicine in November 2007 in its I. Background specialized experience, education, or report Preparing for an Influenza Section 4144 of the Safe, Accountable, training in commercial motor vehicle Pandemic: Personal Protective Flexible, Efficient Transportation Equity issues. As allowed under the charter, Equipment for Healthcare Workers, Act: A Legacy for Users (SAFETEA–LU) the Agency is increasing the which articulates the next steps to be (Pub. L. 109–59, August 10, 2005), membership. The Agency is required taken toward better respiratory required the Secretary to establish the under FACA to appoint members of protection for health care workers. MCSAC. The Committee provides diverse views and interests to ensure the SUPPLEMENTARY INFORMATION: The advice and recommendations to the committee is balanced with appropriate Project B.R.E.A.T.H.E. Working Group Administrator of FMCSA on the needs, consideration of background. All constitutes an interagency effort of the objectives, plans, approaches, content, Committee members must be able to U.S. Federal Government, initiated and and accomplishments of motor carrier attend three to four meetings each year chaired by VA and co-chaired by the safety programs and motor carrier safety in person, or by teleconference. National Institute for Occupational regulations. Under its charter (http:// Interested persons should have a Safety and Health (NIOSH), in the mcsac/about.htm), the Committee may commitment to transportation safety, Centers for Disease Control and be comprised of up to 20 members knowledge of transportation issues, Prevention, the Department of Health

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and Human Services. This multi- construct a new respirator, based on the many Canadian public health disciplinary team had a broad range of aforementioned characteristics. organizations advised health care expertise, including pandemic and Collaboration will be made via a workers to use respiratory protection emergency preparedness, infectious CRADA under the authority of the throughout the course of their work disease medicine and epidemiology, FTTA. 15 U.S.C. 3710a. Under the shifts, which often lasted 12 hours or respirator and personal protective FTTA, no Federal funds may be longer. Notwithstanding the ostensible equipment policy and regulation, provided to the collaborator, but the protection provided by respirators, occupational and environmental Federal laboratory is authorized to grant workers complained about headaches, medicine, respirator and materials to the collaborating party a license or an facial heat and pressure, shortness of science, infection control, respirator assignment to inventions made under breath, interference with occupational physiology, physics, and biosecurity. the CRADA. duties, among other problems associated The purpose of the Working Group is to Resource constraints may limit the with their use. Respirator-associated bring a new respirator to the U.S. number of candidate organizations that discomfort and occupational marketplace for health care workers may be included and/or the extent of interference were viewed as significant using a government-academic-private government supplied testing in this limiting factors in work performance. partnership development model. During research program. VA will select one or Concerns have been raised about the the first phase of Project B.R.E.A.T.H.E., more declared partnering candidates same or similar events occurring in the a working group representing nine with respirator design and commercial U.S. during future epidemics. Federal agencies was convened and manufacturing capabilities using the In 2006, the National Personal produced 28 consensus following criteria: Protective Technology Laboratory at recommendations that, if implemented, (1) The candidate organization has the NIOSH made a request to the Institute would be expected to improve the capability to develop a new respirator of Medicine for a review of personal function and utility of respiratory prototype(s) utilizing advanced protective equipment, with the explicit protective equipment used by health technologies within 6 to 12 months; purpose of recommending how to best (2) The candidate organization has the care workers employed by VHA and protect health care workers during an resources, or access to the technological beyond. The consensus influenza pandemic. In its report, resources, to construct the desired new recommendations comprise desirable Preparing for an Influenza Pandemic: respirator prototype(s) through characteristics of a respirator, and Personal Protective Equipment for commercial models. Healthcare Workers, the Institute of respiratory protection programs, which (3) The candidate organization has the fall into one of four (4) actionable Medicine noted a conspicuous lack of capabilities to mass produce the evidence behind respirator protective categories: successful respirator model within 6 • measures, including minimal attention Respirators should perform their months of final pre-commercial model placed on the development of intended functions effectively and approval; and equipment meeting the unique needs of safely. (4) The candidate organization has • the health care workforce. The Institute Respirators should support, not prior experience with, and received of Medicine recommended revisiting interfere with, occupational activities. prior certification from, NIOSH for • elemental aspects of respirator design Respirators should be comfortable respiratory protection products. and development, including distinct and tolerable. Candidate organizations will be • attention to respirators tailored to the Respiratory protective programs evaluated based on their capability to jobs performed by health care workers, should comply with Federal standards incorporate the identified consensus and pursuing an evidence-based and guidelines, state regulations, and characteristics into the prototype(s) and approach to equipment design to the local policies. meet the established criteria. Candidates extent that this is possible. Further, the Under the CRADA, the duties of the selected most likely will be requested to Report stressed the need for urgent Federal Government will include the enter into a CRADA with VA and/or action, emphasizing that the next following: other Federal agencies. In considering influenza pandemic could occur in the • the National Institute for candidates, special consideration will near future. Occupational Safety and Health be given to small business firms and An extensive research network and (NIOSH) will evaluate, to the extent consortia involving small business immense health care system make VHA possible, the respirator prototype(s), to firms; and preference will be given to uniquely poised to marshal the determine whether the respirator under businesses located in the United States development of one or more new evaluation meets or exceeds the which agree that products embodying respirators to the U.S. marketplace in performance requirements identified in inventions made under the CRADA will partnership with other Federal partners. the consensus recommendations. be manufactured substantially in the VA hospitals should provide for an • VA’s Office of Public Health and United States. 15 U.S.C. 3710a(c)(4). excellent test environment to assess and Environmental Hazards will seek the This announcement does not obligate guide prototype design, development collective expertise of some or all of the VA to enter into a contractual agreement and revision. VA health care workers, Project B.R.E.A.T.H.E. Working Group with any respondents. VA reserves the who stand to receive the most benefit members regarding optimal product right to establish a partnership based on from a new respirator, are poised to development. scientific analysis and capabilities assist with development. The Nation’s • VA’s National Center for found by way of this announcement or VA medical centers employ Occupational Health and Infection other searches, if determined to be in approximately 118,000 health care Control will pursue, to the extent the best interest of the government. workers who wear and discard possible, clinical testing of resulting Discomfort and intolerance were approximately 1.6 million respirators respirator prototype(s), including frequent complaints of health care per year at its 900+ outpatient clinics, feedback from health care workers. workers in Toronto, Ontario, Canada 150+ hospitals and some 136 nursing VA is seeking to identify commercial who wore respiratory protection during homes. Provision of a safe workplace organizations with the respirator design the 2003 Severe Acute Respiratory where health care workers can carry-out and manufacturing capabilities to Syndrome crisis. During the outbreak, their occupational duties in a secure

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environment without undue risk, during with respirator design and SW Archer Road (151B), Gainesville, both periods of routine operations and manufacturing capabilities should Florida 32608, E-mail: times of crisis, is mission critical. submit a letter of interest with [email protected]. information about their capabilities to: DATES: Submit letters of interest within Approved: December 8, 2009. Attention: Kimberly Rumping, The 30 days after the date of publication of National Center for Occupational Health John R. Gingrich, this notice in the Federal Register. and Infection Control, Office of Public Chief of Staff, Department of Veterans Affairs. FOR FURTHER INFORMATION CONTACT: Health and Environmental Hazards, [FR Doc. E9–29709 Filed 12–11–09; 8:45 am] Interested commercial organizations Veterans Health Administration, 1601 BILLING CODE 8320–01–P

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Part II

The President Executive Order 13522—Creating Labor- Management Forums to Improve Delivery of Government Services Memorandum of December 9, 2009— Medicare Demonstration to Test Medical Homes in Federally Qualified Health Centers

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Federal Register Presidential Documents Vol. 74, No. 238

Monday, December 14, 2009

Title 3— Executive Order 13522 of December 9, 2009

The President Creating Labor-Management Forums to Improve Delivery of Government Services

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish a cooperative and productive form of labor-management relations throughout the executive branch, it is hereby ordered as follows: Section 1. Policy. Federal employees and their union representatives are an essential source of front-line ideas and information about the realities of delivering Government services to the American people. A nonadversarial forum for managers, employees, and employees’ union representatives to discuss Government operations will promote satisfactory labor relations and improve the productivity and effectiveness of the Federal Government. Labor- management forums, as complements to the existing collective bargaining process, will allow managers and employees to collaborate in continuing to deliver the highest quality services to the American people. Management should discuss workplace challenges and problems with labor and endeavor to develop solutions jointly, rather than advise union representatives of predetermined solutions to problems and then engage in bargaining over the impact and implementation of the predetermined solutions. The purpose of this order is to establish a cooperative and productive form of labor-management relations throughout the executive branch. Sec. 2. The National Council on Federal Labor-Management Relations. There is established the National Council on Federal Labor-Management Relations (Council). (a) Membership. The Council shall be composed of the following members appointed or designated by the President: (i) the Director of the Office of Personnel Management (OPM) and Deputy Director for Management of the Office of Management and Budget (OMB), who shall serve as Co-Chairs of the Council; (ii) the Chair of the Federal Labor Relations Authority; (iii) a Deputy Secretary or other officer with department- or agency- wide authority from each of five executive departments or agencies not otherwise represented on the Council, who shall serve for terms of 2 years; (iv) the President of the American Federation of Government Employ- ees, AFL-CIO; (v) the President of the National Federation of Federal Employees; (vi) the President of the National Treasury Employees Union; (vii) the President of the International Federation of Professional and Technical Engineers, AFL-CIO; (viii) the heads of three other labor unions that represent Federal em- ployees and are not otherwise represented on the Council, who shall serve for terms of 2 years; (ix) the President of the Senior Executives Association; and (x) the President of the Federal Managers Association. (b) Responsibilities and Functions. The Council shall advise the President on matters involving labor-management relations in the executive branch. Its activities shall include, to the extent permitted by law: (i) supporting the creation of department- or agency-level labor-man- agement forums and promoting partnership efforts between labor and management in the executive branch;

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(ii) developing suggested measurements and metrics for the evaluation of the effectiveness of the Council and department or agency labor- management forums in order to promote consistent, appropriate, and administratively efficient measurement and evaluation processes across departments and agencies; (iii) collecting and disseminating information about, and providing guidance on, labor-management relations improvement efforts in the executive branch, including results achieved; (iv) utilizing the expertise of individuals both within and outside the Federal Government to foster successful labor-management relations, including through training of department and agency personnel in methods of dispute resolution and cooperative methods of labor-man- agement relations; (v) developing recommendations for innovative ways to improve deliv- ery of services and products to the public while cutting costs and advancing employee interests; (vi) serving as a venue for addressing systemic failures of department- or agency-level forums established pursuant to section 3 of this order; and (vii) providing recommendations to the President for the implementa- tion of several pilot programs within the executive branch, described in section 4 of this order, for bargaining over subjects set forth in 5 U.S.C. 7106(b)(1). (c) Administration. (i) The Co-Chairs shall convene and preside at meetings of the Coun- cil, determine its agenda, and direct its work. (ii) The Council shall seek input from nonmember executive depart- ments and agencies, particularly smaller agencies. It also may, from time to time, invite persons from the private and public sectors to submit information. The Council shall also seek input from Federal manager and professional associations, companies, nonprofit organiza- tions, State and local governments, Federal employees, and customers of Federal services, as needed. (iii) To the extent permitted by law and subject to the availability of appropriations, OPM shall provide such facilities, support, and ad- ministrative services to the Council as the Director of OPM deems appropriate. (iv) Members of the Council shall serve without compensation for their work on the Council, but may be allowed travel expenses, in- cluding per diem in lieu of subsistence, as authorized by law for per- sons serving intermittently in Government service (5 U.S.C. 5701– 5707), consistent with the availability of funds. (v) The heads of executive departments and agencies shall, to the ex- tent permitted by law, provide to the Council such assistance, infor- mation, and advice as the Council may require for purposes of car- rying out its functions. (vi) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the Council, any functions of the Presi- dent under that Act, except that of reporting to the Congress, shall be performed by the Director of OPM in accordance with the guide- lines that have been issued by the Administrator of General Services. (d) Termination. The Council shall terminate 2 years after the date of this order unless extended by the President. Sec. 3. Implementation of Labor-Management Forums Throughout the Execu- tive Branch. (a) The head of each executive department or agency that is subject to the provisions of the Federal Service Labor-Management Relations Act (5 U.S.C. 7101 et seq.), or any other authority permitting employees of such department or agency to select an exclusive representative shall, to the extent permitted by law:

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(i) establish department- or agency-level labor-management forums by creating labor-management committees or councils at the levels of rec- ognition and other appropriate levels agreed to by labor and manage- ment, or adapting existing councils or committees if such groups exist, to help identify problems and propose solutions to better serve the public and agency missions; (ii) allow employees and their union representatives to have pre- decisional involvement in all workplace matters to the fullest extent practicable, without regard to whether those matters are negotiable subjects of bargaining under 5 U.S.C. 7106; provide adequate informa- tion on such matters expeditiously to union representatives where not prohibited by law; and make a good-faith attempt to resolve issues concerning proposed changes in conditions of employment, including those involving the subjects set forth in 5 U.S.C. 7106(b)(1), through discussions in its labor-management forums; and (iii) evaluate and document, in consultation with union representa- tives and consistent with the purposes of this order and any further guidance provided by the Council, changes in employee satisfaction, manager satisfaction, and organizational performance resulting from the labor-management forums. (b) Each head of an executive department or agency in which there exists one or more exclusive representatives shall, in consultation with union representatives, prepare and submit for approval, within 90 days of the date of this order, a written implementation plan to the Council. The plan shall: (i) describe how the department or agency will conduct a baseline assessment of the current state of labor relations within the depart- ment or agency; (ii) report the extent to which the department or agency has estab- lished labor-management forums, as set forth in subsection (a)(i) of this section, or may participate in the pilot projects described in sec- tion 4 of this order; (iii) address how the department or agency will work with the exclu- sive representatives of its employees through its labor-management fo- rums to develop department-, agency-, or bargaining unit-specific metrics to monitor improvements in areas such as labor-management satisfaction, productivity gains, cost savings, and other areas as identi- fied by the relevant labor-management forum’s participants; and (iv) explain the department’s or agency’s plan for devoting sufficient resources to the implementation of the plan. (c) The Council shall review each executive department or agency imple- mentation plan within 30 days of receipt and provide a recommendation to the Co-Chairs as to whether to certify that the plan satisfies all requirements of this order. Plans that are determined by the Co-Chairs to be insufficient will be returned to the department or agency with guidance for improvement and resubmission within 30 days. Each department or agency covered by subsection (b) of this section must have a certified implementation plan in place no later than 150 days after the date of this order, unless the Co-Chairs of the Council authorize an extension of the deadline. Sec. 4. Negotiation over Permissive Subjects of Bargaining. (a) In order to evaluate the impact of bargaining over permissive subjects, several pilot projects of specified duration shall be established in which some executive departments or agencies elect to bargain over some or all of the subjects set forth in 5 U.S.C. 7106(b)(1) and waive any objection to participating in impasse procedures set forth in 5 U.S.C. 7119 that is based on the subjects being permissive. The Council shall develop rec- ommendations for establishing the pilot projects, including (i) recommenda- tions for evaluating such pilot projects on the basis, among other things, of their impacts on organizational performance, employee satisfaction, and labor relations of the affected departments or agencies; (ii) recommended methods for evaluating the effectiveness of dispute resolution procedures

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adopted and followed in the course of the pilot projects; and (iii) a rec- ommended timeline for expeditious implementation of the pilot programs. (b) The Council shall present its recommendations to the President within 150 days after the date of this order. (c) No later than 18 months after implementation of the pilot projects, the Council shall submit a report to the President evaluating the results of the pilots and recommending appropriate next steps with respect to agency bargaining over the subjects set forth in 5 U.S.C. 7106(b)(1). Sec. 5. General Provisions. (a) Nothing in this order shall abrogate any collective bargaining agree- ments in effect on the date of this order. (b) Nothing in this order shall be construed to limit, preclude, or prohibit any head of an executive department or agency from electing to negotiate over any or all of the subjects set forth in 5 U.S.C. 7106(b)(1) in any negotiation. (c) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department, agency, or the head thereof; or (ii) functions of the Director of OMB relating to budgetary, administra- tive, or legislative proposals. (d) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (e) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right to administrative or judicial review, or any other right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, December 9, 2009.

[FR Doc. E9–29781 Filed 12–11–09; 8:45 am] Billing code 3195–W0–P

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Memorandum of December 9, 2009

Medicare Demonstration to Test Medical Homes in Federally Qualified Health Centers

Memorandum for the Secretary of Health And Human Services

My Administration is committed to building a high-quality, efficient health care system and improving access to health care for all Americans. Health centers are a vital part of the health care delivery system. For more than 40 years, health centers have served populations with limited access to health care, treating all patients regardless of ability to pay. These include low-income populations, the uninsured, individuals with limited English proficiency, migrant and seasonal farm workers, individuals and families experiencing homelessness, and individuals living in public housing. There are over 1,100 health centers across the country, delivering care at over 7,500 sites. These centers served more than 17 million patients in 2008 and are estimated to serve more than 20 million patients in 2010. The American Recovery and Reinvestment Act of 2009 (Recovery Act) pro- vided $2 billion for health centers, including $500 million to expand health centers’ services to over 2 million new patients by opening new health center sites, adding new providers, and improving hours of operations. An additional $1.5 billion is supporting much-needed capital improvements, including funding to buy equipment, modernize clinic facilities, expand into new facilities, and adopt or expand the use of health information technology and electronic health records. One of the key benefits health centers provide to the communities they serve is quality primary health care services. Health centers use interdiscipli- nary teams to treat the ‘‘whole patient’’ and focus on chronic disease manage- ment to reduce the use of costlier providers of care, such as emergency rooms and hospitals. Federally qualified health centers provide an excellent environment to dem- onstrate the further improvements to health care that may be offered by the medical homes approach. In general, this approach emphasizes the pa- tient’s relationship with a primary care provider who coordinates the patient’s care and serves as the patient’s principal point of contact for care. The medical homes approach also emphasizes activities related to quality im- provement, access to care, communication with patients, and care manage- ment and coordination. These activities are expected to improve the quality and efficiency of care and to help avoid preventable emergency and inpatient hospital care. Demonstration programs establishing the medical homes ap- proach have been recommended by the Medicare Payment Advisory Commis- sion, an independent advisory body to the Congress. Therefore, I direct you to implement a Medicare Federally Qualified Health Center Advanced Primary Care Practice demonstration, pursuant to your statutory authority to conduct experiments and demonstrations on changes in payments and services that may improve the quality and efficiency of services to beneficiaries. Health centers participating in this demonstration must have shown their ability to provide comprehensive, coordinated, inte- grated, and accessible health care. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any

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party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. You are authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, December 9, 2009.

[FR Doc. E9–29783 Filed 12–11–09; 8:45 am] Billing code 4110–60–P

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Part III

The President Proclamation 8464—Human Rights Day, Bill of Rights Day, and Human Rights Week, 2009

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Federal Register Presidential Documents Vol. 74, No. 238

Monday, December 14, 2009

Title 3— Proclamation 8464 of December 9, 2009

The President Human Rights Day, Bill of Rights Day, And Human Rights Week, 2009

By the President of the United States of America

A Proclamation More than 60 years ago, the United Nations General Assembly approved the Universal Declaration of Human Rights, declaring the ‘‘inherent dignity’’ and ‘‘equal and inalienable rights’’ of all human beings as the ‘‘foundation of freedom, justice and peace in the world.’’ This self-evident truth guides us today. Although every country and culture is unique, certain rights are universal: the freedom of people—including women and ethnic and religious minorities—to live as they choose, speak their minds, organize peacefully and have a say in how they are governed, with confidence in the rule of law. History shows that countries that protect these rights are ultimately more stable, secure, and successful. In the United States, these fundamental rights are the core of our Declaration of Independence, our Constitution, and our Bill of Rights. They are the values that define us as a people, the ideals that challenge us to perfect our union, and the liberties that generations of Americans have fought to preserve at home and abroad. Indeed, fidelity to our fundamental values is one of America’s greatest strengths and the reason we stand in solidarity with those who seek these rights, wherever they live. Human Rights Day, Bill of Rights Day, and Human Rights Week must be our call to action. As Americans, we must keep striving to live up to our founding ideals. As a Nation, the United States will always side with the innocent whose rights are denied, the oppressed who yearn for equality, and all those around the world who strive for freedom. As members of what President Franklin Roosevelt called ‘‘the human community,’’ we will never waver in our pursuit of the rights, dignity, and security of every human being. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 10, 2009, as Human Rights Day; December 15, 2009, as Bill of Rights Day; and the week beginning December 10, 2009, as Human Rights Week. I call upon the people of the United States to mark these observances with appropriate ceremonies and activities.

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

[FR Doc. E9–29865 Filed 12–11–09; 11:15 am] Billing code 3195–W0–P

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Reader Aids Federal Register Vol. 74, No. 238 Monday, December 14, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

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 3 CFR 72...... 65679 207...... 66029 Executive orders and proclamations 741–6000 Proclamations: 218...... 66029 The United States Government Manual 741–6000 8459...... 63269 430...... 66029 Other Services 8460...... 64585 490...... 66029 8461...... 64587 Electronic and on-line services (voice) 741–6020 501...... 66029 8462...... 64589 601...... 66029 Privacy Act Compilation 741–6064 8463...... 64995 609...... 63544 Public Laws Update Service (numbers, dates, etc.) 741–6043 8464...... 66211 820...... 66029 TTY for the deaf-and-hard-of-hearing 741–6086 Executive Orders 824...... 66029 13522...... 66203 851...... 66029 ELECTRONIC RESEARCH Administrative Orders: 1013...... 66029 World Wide Web Presidential 1017...... 66029 Determinations: 1050...... 66029 Full text of the daily Federal Register, CFR and other publications No. 2010-03 of Proposed Rules: is located at: http://www.gpoaccess.gov/nara/index.html December 3, 2009 ...... 65381 73...... 64012 Federal Register information and research tools, including Public Memorandums: 430...... 65852 Inspection List, indexes, and links to GPO Access are located at: Memo. of November http://www.archives.gov/federallregister 30, 2009 ...... 63059 11 CFR E-mail Memo. of December 9, 100...... 63951 2009 ...... 66207 113...... 63951 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 9004...... 63951 an open e-mail service that provides subscribers with a digital 5 CFR 9034...... 63951 form of the Federal Register Table of Contents. The digital form 410...... 65383 Proposed Rules: of the Federal Register Table of Contents includes HTML and 412...... 65383 300...... 64016 PDF links to the full text of each document. 752...... 63531 To join or leave, go to http://listserv.access.gpo.gov and select 1604...... 63061 12 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 1651...... 63061 40...... 62890 (or change settings); then follow the instructions. 1653...... 63061 201...... 65014 PENS (Public Law Electronic Notification Service) is an e-mail 1690...... 63061 216...... 62890 service that notifies subscribers of recently enacted laws. 233...... 62687 6 CFR 332...... 62890 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5 ...... 63944, 63946, 63948, 573...... 62890 and select Join or leave the list (or change settings); then follow 63949 716...... 62890 the instructions. 741...... 63277 7 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: respond to specific inquiries. 400...... 66029 702...... 65210 662...... 63537 Reference questions. Send questions and comments about the 703...... 65210 948...... 65390 Federal Register system to: [email protected] 704...... 65210 953...... 65390 709...... 65210 The Federal Register staff cannot interpret specific documents or 980...... 65390 747...... 65210 regulations. 1207...... 63541 1261...... 62708 Reminders. Effective January 1, 2009, the Reminders, including 1220...... 62675 Rules Going Into Effect and Comments Due Next Week, no longer 1465...... 64591 13 CFR appear in the Reader Aids section of the Federal Register. This Proposed Rules: Proposed Rules: information can be found online at http://www.regulations.gov. 1206...... 64012 121 ...... 62710, 64026, 65040 124 ...... 62710, 64026, 65040 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 8 CFR longer appears in the Federal Register. This information can be 103...... 64997 14 CFR found online at http://bookstore.gpo.gov/. 214...... 64997 23...... 63560, 63968 274a...... 64997 25...... 65394 FEDERAL REGISTER PAGES AND DATE, DECEMBER 299...... 64997 39 ...... 62689, 63063, 63284, 63563, 63565, 63569, 63572, 62675–63058...... 1 9 CFR 63574, 63576, 63578, 63581, 63059–63270...... 2 149...... 64998 63583, 63585, 63587, 63590, 63271–63530...... 3 160...... 64998 63592, 63595, 65396, 65398, 63531–63950...... 4 161...... 64998 65401, 65403, 65406, 65679, 63951–64584...... 7 162...... 64998 65682, 65684, 66034, 66039, 64585–64994...... 8 166...... 65014 66040, 66042, 66045 64995–65382...... 9 201...... 63271 71 ...... 63970, 63971, 63973, 65383–65678...... 10 63974, 63976, 65686, 65687, 65679–66028...... 11 10 CFR 65688 66029–66212...... 14 Ch. 1 ...... 62676 91...... 62691

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97...... 63977, 63979 22 CFR 38 CFR 61...... 63702 125...... 62691 Proposed Rules: 9...... 62706 69...... 63702 135...... 62691 22...... 66076 17...... 63307 73...... 62733, 63336 Proposed Rules: Proposed Rules: 39 ...... 62711, 62713, 63331, 24 CFR 3...... 65702 48 CFR 63333, 65492, 65493, 65496, Proposed Rules: Ch. 1...... 65598, 65615 65697, 65699 93...... 63938 39 CFR 2...... 65599 71...... 63684, 65040 3020...... 65442 4...... 65600 26 CFR Proposed Rules: 6...... 65614 15 CFR 1...... 66048 111...... 66079 7...... 65605 740...... 66000 3050...... 66082 8...... 65600, 65614 27 CFR 742...... 66000 11...... 65605 743...... 66000 9...... 64602 40 CFR 12...... 65605 772...... 65662, 66000 51...... 65692 13...... 65600 29 CFR 774...... 65662, 66000 52 ...... 63066, 63309, 63993, 15...... 65614 806...... 65017 1601...... 63981 63995, 65446, 65692 16...... 65600 Proposed Rules: 1602...... 63981 63 ...... 63236, 63504, 63613 22...... 65599 740...... 63685 1603...... 63981 81...... 63995 26...... 65607 748...... 63685 1607...... 63981 141...... 63069 31 ...... 65607, 65608, 65612 750...... 63685 1610...... 63981 180 ...... 63070, 63074, 65021, 32...... 65600 762...... 63685 1611...... 63981 65029 39...... 65605 1614...... 63981 300...... 63616, 64615 52 ...... 65599, 65600, 65607, 16 CFR 1625...... 63981 450...... 62996 65614 313...... 62890 1690...... 63981 Proposed Rules: 802...... 64619 2200...... 63985 50...... 64810 804...... 64619 17 CFR 2203...... 63985 52 ...... 62717, 63080, 63697, 808...... 64619 2204...... 63985 65042 809...... 64619 160...... 62890 4022...... 62697 53...... 64810 810...... 64619 240...... 63832 4044...... 62697 58...... 64810 813...... 64619 243...... 63832 Proposed Rules: 63...... 63701 815...... 64619 248...... 62890 403...... 63335 82...... 65719 817...... 64619 Proposed Rules: 408...... 63335 261...... 64643 819...... 64619 240...... 63866 1202...... 63695 300...... 64658 828...... 64619 249b...... 63866 1206...... 63695 449...... 66082 852...... 64619 1910...... 64027 Proposed Rules: 18 CFR 42 CFR 552...... 63704 38...... 63288 30 CFR 405...... 65296 570...... 63704 40...... 64884 944...... 63988 410...... 65449 411...... 65449 49 CFR 19 CFR 31 CFR 414...... 65449 172...... 65696 30...... 63990, 63991 415...... 65449 101...... 63980, 64601 192...... 63310, 63906 50...... 66051, 66061 423...... 65340 Proposed Rules: 195...... 63310 132...... 62687 485...... 65449 101...... 62715 225...... 65458 498...... 65449 32 CFR 571...... 63182 20 CFR 199...... 65436 46 CFR 585...... 63182 220...... 63598 323...... 62699 2...... 63617 Proposed Rules: 24...... 63617 50 CFR 404...... 63688, 66069 33 CFR 30...... 63617 21...... 64638 405...... 63688 100...... 62699 70...... 63617 300 ...... 63999, 65036, 65460 416...... 63688, 66075 117 ...... 62700, 63610, 63612, 90...... 63617 622...... 63673, 65038 422...... 63688 64613 114...... 63617 648 ...... 62706, 64011, 65039 165 ...... 62700, 62703, 64613, 175...... 63617 660...... 65480 21 CFR 65019, 65438, 65439, 65690 188...... 63617 665...... 65460 210...... 65409 Proposed Rules: 535...... 65034 Proposed Rules: 211...... 65409 117 ...... 63695, 64641, 65497 17 ...... 63037, 63343, 63366, 47 CFR 212...... 65409 64930, 65045, 65056 510...... 65689, 66047 34 CFR 15...... 63079 226...... 63080 522...... 65689, 66047 Ch. 2 ...... 65618 73...... 62706 600...... 64042, 65724 1300...... 63603 Proposed Rules: 622...... 65500 Proposed Rules: 37 CFR 0...... 63702 635...... 63095 4...... 65702 381...... 62705 1...... 63702 679...... 63100, 65503

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as the ‘‘Sergeant Marcus located at 115 West Edward the ‘‘Jack F. Kemp Post Office Mathes Post Office’’. (Nov. 30, Street in Erath, Louisiana, as Building’’. (Nov. 30, 2009; 123 LIST OF PUBLIC LAWS 2009; 123 Stat. 3012) the ‘‘Conrad DeRouen, Jr. Stat. 3022) H.R. 1713/P.L. 111–101 Post Office’’. (Nov. 30, 2009; S. 1314/P.L. 111–111 This is a continuing list of To name the South Central 123 Stat. 3017) public bills from the current Agricultural Research H.R. 3119/P.L. 111–106 To designate the facility of the session of Congress which Laboratory of the Department To designate the facility of the United States Postal Service have become Federal laws. It of Agriculture in Lane, located at 630 Northeast may be used in conjunction United States Postal Service Oklahoma, and the facility of located at 867 Stockton Street Killingsworth Avenue in with ‘‘P L U S’’ (Public Laws the United States Postal Portland, Oregon, as the ‘‘Dr. Update Service) on 202–741– in San Francisco, California, Service located at 310 North as the ‘‘Lim Poon Lee Post Martin Luther King, Jr. Post 6043. This list is also Perry Street in Bennington, Office’’. (Nov. 30, 2009; 123 available online at http:// Office’’. (Nov. 30, 2009; 123 Oklahoma, in honor of former Stat. 3018) Stat. 3023) www.archives.gov/federal- Congressman Wesley ‘‘Wes’’ H.R. 3386/P.L. 111–107 S. 1825/P.L. 111–112 register/laws.html. Watkins. (Nov. 30, 2009; 123 Stat. 3013) To designate the facility of the To extend the authority for The text of laws is not United States Postal Service H.R. 2004/P.L. 111–102 relocation expenses test published in the Federal located at 1165 2nd Avenue Register but may be ordered To designate the facility of the programs for Federal in Des Moines, Iowa, as the employees, and for other in ‘‘slip law’’ (individual United States Postal Service ‘‘Iraq and Afghanistan pamphlet) form from the located at 4282 Beach Street purposes. (Nov. 30, 2009; 123 Veterans Memorial Post Stat. 3024) Superintendent of Documents, in Akron, Michigan, as the Office’’. (Nov. 30, 2009; 123 U.S. Government Printing ‘‘Akron Veterans Memorial Stat. 3019) Last List November 16, 2009 Office, Washington, DC 20402 Post Office’’. (Nov. 30, 2009; (phone, 202–512–1808). The 123 Stat. 3014) H.R. 3547/P.L. 111–108 text will also be made H.R. 2215/P.L. 111–103 To designate the facility of the available on the Internet from To designate the facility of the United States Postal Service Public Laws Electronic GPO Access at http:// United States Postal Service located at 936 South 250 East Notification Service in Provo, Utah, as the ‘‘Rex www.gpoaccess.gov/plaws/ located at 140 Merriman Road (PENS) index.html. Some laws may in Garden City, Michigan, as E. Lee Post Office Building’’. not yet be available. the ‘‘John J. Shivnen Post (Nov. 30, 2009; 123 Stat. Office Building’’. (Nov. 30, 3020) PENS is a free electronic mail H.R. 955/P.L. 111–99 2009; 123 Stat. 3015) S. 748/P.L. 111–109 notification service of newly To designate the facility of the To redesignate the facility of H.R. 2760/P.L. 111–104 enacted public laws. To United States Postal Service the United States Postal To designate the facility of the subscribe, go to http:// located at 10355 Northeast Service located at 2777 Logan United States Postal Service listserv.gsa.gov/archives/ Valley Road in Rollingbay, Avenue in San Diego, located at 1615 North Wilcox publaws-l.html Washington, as the ‘‘John Avenue in Los Angeles, California, as the ‘‘Cesar E. ‘Bud’ Hawk Post Office’’. (Nov. California, as the ‘‘Johnny Chavez Post Office’’. (Nov. Note: This service is strictly 30, 2009; 123 Stat. 3011) Grant Hollywood Post Office 30, 2009; 123 Stat. 3021) for E-mail notification of new H.R. 1516/P.L. 111–100 Building’’. (Nov. 30, 2009; 123 S. 1211/P.L. 111–110 laws. The text of laws is not To designate the facility of the Stat. 3016) To designate the facility of the available through this service. United States Postal Service H.R. 2972/P.L. 111–105 United States Postal Service PENS cannot respond to located at 37926 Church To designate the facility of the located at 60 School Street, specific inquiries sent to this Street in Dade City, Florida, United States Postal Service Orchard Park, New York, as address.

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