8–3–09 Monday Vol. 74 No. 147 August 3, 2009

Pages 38323–38502

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Contents Federal Register Vol. 74, No. 147

Monday, August 3, 2009

Agricultural Marketing Service Hobby Lobby Stores, Inc., 38414–38415 RULES Michaels Stores, Inc., 38412–38414 Grapes Grown in a Designated Area of Southeastern Raymond Geddes & Co., 38409–38411 California and Imported Table Grapes; Relaxation of Handling Requirements, 38323–38324 Cooperative State Research, Education, and Extension Olives Grown in California; Increased Assessment Rate, Service 38324–38326 NOTICES Agriculture Department Funding Availability: See Agricultural Marketing Service Healthy Urban Food Enterprise Development Center See Animal and Plant Health Inspection Service Request for Applications (Fiscal Year 2009), 38392 See Cooperative State Research, Education, and Extension Defense Department Service See Rural Utilities Service See Air Force Department See Navy Department Air Force Department NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 38420–38423 Agency Information Collection Activities; Proposals, Federal Acquisition Regulation: Submissions, and Approvals, 38423–38425 Agency Information Collection Activities; Proposals, Animal and Plant Health Inspection Service Submissions, and Approvals, 38428–38429 RULES Employment Standards Administration National Poultry Improvement Plan and Auxiliary NOTICES Provisions; Technical Amendment, 38326 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38474–38475 Antitrust Division NOTICES Energy Department National Cooperative Research and Production Act of 1933: See Federal Energy Regulatory Commission Cooperative Research Group on Clean Diesel V, 38474 Cooperative Research Group on High Efficiency Dilute Environmental Protection Agency Gasoline Engine II, 38473 RULES Institute of Electrical and Electronic Engineers, 38473 Approval and Promulgation of State Air Quality Plans For Interchangeable Virtual Instruments Foundation, Inc., Designated Facilities and Pollutants: 38473–38474 West Virginia; Control of Emissions from Commercial PXI Systems Alliance, Inc., 38473 and Industrial Solid Waste Incinerator Units, Plan Revision, 38344–38346 Civil Rights Commission West Virginia; Control of Emissions from Hospital/ NOTICES Medical/Infectious Waste Incinerator Units, Plan Meetings: Revision, 38346–38348 New Hampshire Advisory Committee, 38392 Expedited Approval of Alternative Test Procedures for the Analysis of Contaminants Under the Safe Drinking Commerce Department Water Act: See Foreign-Trade Zones Board Analysis and Sampling Procedures, 38348–38358 See Industry and Security Bureau PROPOSED RULES See International Trade Administration Approval and Promulgation of State Air Quality Plans for See National Oceanic and Atmospheric Administration Designated Facilities and Pollutants: See Patent and Trademark Office West Virginia; Control of Emissions from Existing NOTICES Commercial and Industrial Incineration Units, Plan Agency Information Collection Activities; Proposals, Revision, 38384–38385 Submissions, and Approvals, 38393–38394 West Virginia; Control of Emissions from Existing Hospital/Medical/Infectious Waste Incinerator Units, Consumer Product Safety Commission Plan Revision, 38385–38386 NOTICES NOTICES Provisional Acceptance of a Settlement Agreement and Agency Information Collection Activities; Proposals, Order: Submissions, and Approvals, 38426–38427 A and A Global Industries, Inc., 38408–38409 Cardinal Distributing Company, Inc., 38419–38420 Federal Accounting Standards Advisory Board Dollar General Corp., 38415–38417 NOTICES Downeast Concepts, Inc., 38405–38406 Issuance of Statement of Federal Financial Accounting Family Dollar Stores, Inc., 38411–38412 Standards (SFFAS) 34: First Learning Co. Limited, 38406–38408 Hierarchy of Generally Accepted Accounting Principles Haier America Trading, LLC, 38417–38419 for Federal Entities, etc., 38427–38428

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Federal Aviation Administration Prescription Drug User Fee Rates (Fiscal Year 2010), 38451– RULES 38456 Activation of Ice Protection, 38328–38340 Seafood Hazard Analysis and Critical Control Points Airworthiness Directives: Alliance for Education and Training, 38462–38463 Bell Helicopter Textron Canada Model 427 Helicopters, 38340–38341 Foreign-Trade Zones Board PROPOSED RULES NOTICES Airworthiness Directives: Foreign-Trade Zone 82; Application for Subzone Authority: Eurocopter France Model AS 332 C, L, L1, and L2; AS ThyssenKrupp Steel and Stainless USA, LLC; Public 350 B3; AS355 F, F1, F2, and N, et al. Helicopters, Hearing and Reopening of Comment Period, 38401 38381–38383 General Services Administration Federal Communications Commission NOTICES PROPOSED RULES Federal Acquisition Regulation: Television Broadcasting Services: Agency Information Collection Activities; Proposals, Boise, ID, 38389–38390 Submissions, and Approvals, 38428–38429 Fort Worth, TX, 38388–38389 Hutchinson and Wichita, KS, 38388 Health and Human Services Department See Food and Drug Administration Federal Emergency Management Agency See Health Resources and Services Administration RULES See National Institutes of Health Suspension of Community Eligibility, 38358–38362 PROPOSED RULES Health Resources and Services Administration Proposed Flood Elevation Determinations, 38386–38388 NOTICES NOTICES Major Disaster and Related Determinations: Privacy Act; Systems of Records, 38456–38462 Tennessee, 38463 Major Disaster Declaration: Homeland Security Department Arkansas, 38464 See Federal Emergency Management Agency Illinois, 38464 Kansas, 38464 Industry and Security Bureau NOTICES Federal Energy Regulatory Commission Action Affecting Export Privileges: NOTICES Micei International, 38394 Combined Notice of Filings, 38426 Interior Department Federal Motor Carrier Safety Administration See Land Management Bureau NOTICES See Minerals Management Service Qualification of Drivers, Exemption Applications: See National Park Service Diabetes, 38481–38482 International Trade Administration Federal Railroad Administration NOTICES NOTICES Antidumping Duty Order: Petition for Waiver of Compliance, 38479–38481 Certain Tow Behind Lawn Groomers and Certain Parts Thereof from the People’s Republic of China, 38395– Federal Reserve System 38397 NOTICES Antidumping or Countervailing Duty Order, Finding, or Formations of, Acquisitions by, and Mergers of Bank Suspended Investigation: Holding Companies, 38428 Advance Notification of Sunset Reviews, 38397 Opportunity to Request Administrative Review, 38397– Food and Drug Administration 38399 RULES Countervailing Duty Order: New Animal Drugs: Certain Tow-Behind Lawn Groomers and Certain Parts Nitrofurazone Ointment, 38341–38342 Thereof from the People’s Republic of China, 38399– NOTICES 38401 Animal Drug User Fee Rates and Payment Procedures Initiation of Five-year (Sunset) Review, 38401–38402 (Fiscal Year 2010), 38429–38434 Animal Generic Drug User Fee Rates and Payment International Trade Commission Procedures (Fiscal Year 2010), 38434–38437 NOTICES Draft Guidance for Industry: Investigation: Guide to Minimize Microbial Food Safety Hazards of Barbed Wire and Barbless Wire Strand from Argentina, Leafy Greens; Availability, 38439–38440 38468–38471 Guide to Minimize Microbial Food Safety Hazards of Melons; Availability, 38437–38438 Justice Department Guide to Minimize Microbial Food Safety Hazards of See Antitrust Division Tomatoes; Availability, 38438–38439 NOTICES Medical Device User Fee Rates (Fiscal Year 2010), 38444– Agency Information Collection Activities; Proposals, 38449 Submissions, and Approvals, 38471

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Consent Decree: Nuclear Regulatory Commission United States and State of Ohio v. Board of County RULES Commissioners of Hamilton County and the City of Fitness for Duty Programs, 38326–38328 Cincinnati, 38471–38472 PROPOSED RULES United States v. City of New Orleans, et al., 38472 Limiting the Quantity of Byproduct Material in a Generally United States v. Colorado Interstate Gas Co., 38472 Licensed Device, 38372–38381 NOTICES Labor Department Agency Information Collection Activities; Proposals, See Employment Standards Administration Submissions, and Approvals, 38475 See Labor-Management Standards Office Establishment of Atomic Safety and Licensing Board: Tennessee Valley Authority, 38475 Labor-Management Standards Office Order Extending the Effectiveness of the Approval of the PROPOSED RULES Indirect Transfer of Facility Operating Licenses: Notification of Employee Rights Under Federal Labor Laws, Entergy Nuclear Operations, Inc., et al., 38476–38477 38488–38501 Receipt and Availability of Application for a Combined License: Land Management Bureau Florida Power & Light Co., 38477 NOTICES Environmental Impact Statements; Availability, etc.: Patent and Trademark Office LaBarge Platform Project, Sublette County and Lincoln NOTICES County, WY, 38466–38467 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38394–38395 Minerals Management Service NOTICES Postal Service Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 38465–38466 Advertisements For Animals And Sharp Instruments For Use In Animal Fighting Ventures Are Nonmailable, National Aeronautics and Space Administration 38383–38384 NOTICES Federal Acquisition Regulation: Recovery Accountability and Transparency Board Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 38428–38429 Implementation of Privacy Act (of 1974), 38363–38366 Rule Implementing the Freedom of Information Act, 38366– National Institutes of Health 38371 NOTICES Government-Owned Inventions; Availability for Licensing, Rural Utilities Service 38440–38444 NOTICES Meetings: Environmental Impact Statements; Availability, etc.: Moving Into the Future –– New Dimensions and Tri-State Generation and Transmission Association, Inc.; Strategies for Women’s Health Research for the Public Scoping Meetings, 38391–38392 National Institutes of Health, 38449–38450 National Cancer Institute, 38450 Securities and Exchange Commission National Institute of Biomedical Imaging and NOTICES Bioengineering, 38450 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX PHLX, Inc., 38477–38478 National Oceanic and Atmospheric Administration NOTICES State Department Availability of Seats for the Florida Keys National Marine RULES Sanctuary Advisory Council, 38399 Amendment to the International Traffic in Arms Meetings: Regulations: Gulf of Mexico Fishery Management Council, 38404– Congressional Certification Regarding South Korea, 38405 38342–38344 Pacific Fishery Management Council, 38402–38403 South Atlantic Fishery Management Council, 38403– Transportation Department 38404 See Federal Aviation Administration See Federal Motor Carrier Safety Administration National Park Service See Federal Railroad Administration NOTICES Inventory Completion: Treasury Department St. Lawrence University, Department of Anthropology, NOTICES Canton, NY; Correction, 38467–38468 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38482–38484 Navy Department Appointment of Members: NOTICES Senior Executive Service; Social Inspector General for the Government-Owned Inventions; Available for Licensing, Troubled Asset Releif Program Performance Review 38425 Board, 38484 Intent to Grant Exclusive Patent License: Privacy Act; Systems of Records, 38484–38486 Southern Indiana Innovators, LLC, 38425–38426

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Separate Parts In This Issue Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, Part II and notice of recently enacted public laws. Labor Department, Labor-Management Standards Office, 38488–38501 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change 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.

4 CFR Proposed Rules: 200...... 38363 201...... 38366 7 CFR 925...... 38323 932...... 38324 944...... 38323 9 CFR 145...... 38326 10 CFR 26...... 38326 Proposed Rules: 31...... 38372 14 CFR 25...... 38328 39...... 38340 Proposed Rules: 39...... 38381 21 CFR 510...... 38341 524...... 38341 22 CFR 123...... 38342 124...... 38342 126...... 38342 129...... 38342 29 CFR Proposed Rules: 471...... 38488 39 CFR Proposed Rules: 111...... 38383 40 CFR 62 (2 documents) ...... 38344, 38346 141...... 38348 Proposed Rules: 62 (2 documents) ...... 38384, 38385 44 CFR 64...... 38358 Proposed Rules: 67...... 38386 47 CFR Proposed Rules: 73 (3 documents) ...... 38388, 38389

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Rules and Regulations Federal Register Vol. 74, No. 147

Monday, August 3, 2009

This section of the FEDERAL REGISTER [email protected] or Imported table grapes are subject to contains regulatory documents having general [email protected]. regulations specified in 7 CFR part 944. applicability and legal effect, most of which Small businesses may obtain Under those regulations, imported are keyed to and codified in the Code of information on complying with this and grapes must meet the same minimum Federal Regulations, which is published under other marketing order regulations by size requirements as specified for 50 titles pursuant to 44 U.S.C. 1510. viewing a guide at the following Web domestic grapes under the order. The Code of Federal Regulations is sold by site: http://www.ams.usda.gov/ Therefore, the minimum bunch size the Superintendent of Documents. Prices of AMSv1.0/ams.fetchTemplate requirement was also relaxed for new books are listed in the first FEDERAL Data.do?template=TemplateN&page= imported grapes packed in the REGISTER issue of each week. MarketingOrdersSmallBusinessGuide; experimental containers during in the or by contacting Jay Guerber, Marketing 2009 season. Order Administration Branch, Fruit and In an interim final rule published in DEPARTMENT OF AGRICULTURE Vegetable Programs, AMS, USDA, 1400 the Federal Register on March 17, 2009, Independence Avenue SW., STOP 0237, and effective on March 20, 2009 (74 FR Agricultural Marketing Service Washington, DC 20250–0237; 11275, Doc. No AMS–FV–08–0106, Telephone: (202) 720–2491, Fax: (202) FV09–925–1 IFR), §§ 925.304 and 7 CFR Parts 925 and 944 720–8938, or e-mail: 944.503 were amended by relaxing the [email protected]. one-quarter pound minimum bunch size [Doc. No. AMS–FV–08–0106; FV09–925–1 requirement for the 2009 season for U.S. FIR] SUPPLEMENTARY INFORMATION: This rule No. 1 Table grade grapes packed in is issued under Marketing Order No. small consumer packages containing 2 Grapes Grown in a Designated Area of 925, as amended (7 CFR part 925), pounds net weight or less. Under the Southeastern California and Imported regulating the handling of grapes grown relaxation, up to 20 percent of the Table Grapes; Relaxation of Handling in a designated area of southeastern Requirements weight of each clamshell container California, hereinafter referred to as the (individual consumer packages) may ‘‘order.’’ The order is effective under the AGENCY: Agricultural Marketing Service, consist of single clusters weighing less USDA. Agricultural Marketing Agreement Act than one-quarter pound, but with at of 1937, as amended (7 U.S.C. 601–674), least five berries each. ACTION: Affirmation of interim final rule hereinafter referred to as the ‘‘Act.’’ as final rule. This rule is also issued under section Final Regulatory Flexibility Analysis 8e of the Act, which provides that SUMMARY: The Department of Pursuant to requirements set forth in Agriculture (USDA) is adopting, as a whenever certain specified the Regulatory Flexibility Act (RFA) (5 final rule, without change, an interim commodities, including table grapes, are U.S.C. 601–612), the Agricultural final rule that relaxed the handling regulated under a Federal marketing Marketing Service (AMS) has requirements prescribed under the order, imports of these commodities considered the economic impact of this California table grape marketing order into the United States are prohibited rule on small entities. Accordingly, (order) and the table grape import unless they meet the same or AMS has prepared this final regulatory regulation. The interim final rule comparable grade, size, quality, or flexibility analysis. relaxed the minimum bunch size maturity requirements as those in effect The purpose of the RFA is to fit requirement for the 2009 season for for the domestically produced regulatory actions to the scale of grapes packed in containers holding 2 commodities. business subject to such actions in order The Department of Agriculture pounds net weight or less. Under the that small businesses will not be unduly (USDA) is issuing this rule in relaxation, up to 20 percent of the or disproportionately burdened. conformance with Executive Order weight of such containers may consist of Marketing orders issued pursuant to the 12866. single clusters weighing less than one Act, and rules issued thereunder, are The shipping of table grapes produced unique in that they are brought about quarter pound, but with at least five in a designated area of southeastern berries each. The interim final rule was through group action of essentially California is regulated by 7 CFR part small entities acting on their own necessary to provide California desert 925. The regulations specify that grape handlers and importers the behalf. bunches of grapes must weigh a There are approximately 14 handlers flexibility to respond to a marketing minimum of one quarter pound to meet of southeastern California grapes who opportunity on a test basis for one the requirements of U.S. No. 1 Table are subject to regulation under the order season to meet consumer needs. grade. In response to a marketing and about 50 grape producers in the DATES: Effective Dates: Effective August opportunity, the industry is production area. In addition, there are 4, 2009. experimenting with a new container approximately 123 importers of grapes. FOR FURTHER INFORMATION CONTACT: during the 2009 season. The Small agricultural service firms are Jennifer Robinson, Marketing Specialist, experimental container’s small capacity defined by the Small Business or Kurt J. Kimmel, Regional Manager, makes it difficult to completely fill with Administration (SBA) (13 CFR 121.201) California Marketing Field Office, grape bunches of one quarter pound or as those having annual receipts of less Marketing Order Administration larger. Therefore, for the 2009 season, than $7,000,000, and small agricultural Branch, Fruit and Vegetable Programs, the minimum bunch size requirement producers are defined as those whose AMS, USDA; Telephone: (559) 487– was relaxed for U.S. No. 1 table grapes annual receipts are less than $750,000. 5901, Fax: (559) 487–5906, or E-mail: packed in these containers. Nine of the 14 handlers subject to

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regulation have annual grape sales of in the retail sector more packaging List of Subjects less than $7,000,000. Based on data choices. The relaxation may result in 7 CFR Part 925 from the National Agricultural Statistics increased shipments of consumer-sized Service and the committee, the average grape packs, which would have a Grapes, Marketing agreements and crop value for 2008 is about positive impact on producers, handlers, orders, Reporting and recordkeeping $53,040,000. Dividing this figure by the and importers. requirements. number of producers (50) yields an This rule will not impose any 7 CFR Part 944 average annual producer revenue additional reporting or recordkeeping Avocados, Food grades and standards, estimate of about $1,060,800, which is requirements on either small or large Grapefruit, Grapes, Imports, Kiwifruit, above the SBA threshold of $750,000. grape handlers or importers. As with all Limes, Olives, Oranges. Based on the foregoing, it may be Federal marketing order programs, concluded that a majority of grape reports and forms are periodically PARTS 925 AND 944—[AMENDED] handlers and none of the producers may reviewed to reduce information be classified as small entities. The requirements and duplication by ■ Accordingly, the interim final rule average importer receives $2.8 million industry and public sector agencies. that amended 7 CFR parts 925 and 944 in revenue from the sale of grapes. Therefore, it may be concluded that the In addition, USDA has not identified and that was published at 74 FR 11275 majority of importers may be classified any relevant Federal rules that on March 17, 2009, is adopted as a final as small entities. duplicate, overlap or conflict with this rule, without change. This rule continues in effect the rule. Dated: July 28, 2009. action that revised § 925.304(a) of the Further, the committee’s meeting was Rayne Pegg, rules and regulations of the California widely publicized throughout the grape Administrator, Agricultural Marketing desert grape order and § 944.503(a)(1) of industry and all interested persons were Service. the table grape import regulation. This invited to attend the meeting and [FR Doc. E9–18414 Filed 7–31–09; 8:45 am] rule continues in effect the action that participate in committee deliberations. BILLING CODE P relaxed the one-quarter pound Like all committee meetings, the minimum bunch size requirement for November 14, 2008, meeting was a the 2009 season for U.S. No. 1 Table public meeting and all entities, both DEPARTMENT OF AGRICULTURE grade grapes packed in small consumer large and small, were able to express packages containing 2 pounds net their views on this issue. Also, the Agricultural Marketing Service weight or less. Under the relaxation, up World Trade Organization, the Chilean to 20 percent of the weight of each Technical Barriers to Trade inquiry 7 CFR Part 932 clamshell container may consist of point for notifications under the U.S.- single clusters weighing less than one- Chile Free Trade Agreement, the [Doc. No. AMS–FV–08–0105; FV09–932–1 quarter pound, but with at least five embassies of Argentina, Brazil, Canada, FIR] berries each. Authority for the change to Chile, Italy, Mexico, Peru, and South the California desert grape order is Olives Grown in California; Increased Africa, and known grape importers were Assessment Rate provided in §§ 925.52(a)(1) and 925.53. notified of this action. Authority for the change to the table Comments on the interim final rule AGENCY: Agricultural Marketing Service, grape import regulation is provided in USDA. section 8e the Act. were required to be received on or There is general agreement in the before May 18, 2009. No comments were ACTION: Affirmation of interim final rule industry for the need to relax the received. Therefore, for the reasons as final rule. given in the interim final rule, we are minimum bunch size requirement for SUMMARY: The Department of grapes packed in clamshells to allow for adopting the interim final rule as a final rule, without change. Agriculture (USDA) is adopting, as a more packaging options, as noted in the final rule, without change, an interim interim final rule. An alternative To view the interim final rule, go to: final rule that changed the assessment discussed by the committee was to relax http://www.regulations.gov/fdmspublic/ rate established under the marketing the minimum bunch size requirement component/ order (order) for olives grown in for U.S. No. 1 Table grade grapes packed main?main=DocketDetail&d=AMS-FV- California for the 2009 and subsequent in clamshells containing net weights of 08-0106. fiscal years. The interim final rule 2, 3, and 4 pounds. The committee This action also affirms information increased the assessment rate from decided that there is not a problem with contained in the interim final rule $15.60 to $28.63 per assessable ton of clamshells containing net weights of 3 concerning Executive Orders 12866 and olives handled. The interim final rule and 4 pounds meeting the minimum 12988, the Paperwork Reduction Act (44 was necessary to provide adequate requirements at this time. Ultimately, U.S.C. Chapter 35), and the E-Gov Act operating funds for the California Olive the committee unanimously agreed that (44 U.S.C. 101). Committee (committee), which the relaxation for grapes packed in administers the order locally. clamshells containing 2 pounds net In accordance with section 8e of the weight or less was appropriate as a test Act, the United States Trade DATES: Effective Date: Effective for one season. Representative has concurred with the August 4, 2009. Regarding the impact of this rule on issuance of this rule. FOR FURTHER INFORMATION CONTACT: affected entities, this rule provides both After consideration of all relevant Jennifer Robinson, Marketing Specialist, California desert grape handlers and material presented, it is found that or Kurt J. Kimmel, Regional Manager, importers the flexibility to respond to a finalizing the interim final rule, without California Marketing Field Office, marketing opportunity on a test basis for change, as published in the Federal Marketing Order Administration one season to meet customer demands Register (74 FR 11275, March 17, 2009) Branch, Fruit and Vegetable Programs, and consumer needs. Handlers and will tend to effectuate the declared AMS, USDA; Telephone: (559) 487– importers will be able to provide buyers policy of the Act. 5901, Fax: (559) 487–5906; or e-mail:

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Jen. [email protected] or Marketing Service (AMS) has respectively. The 2009 marketing and [email protected]. considered the economic impact of this research programs will be scaled back. Small businesses may obtain rule on small entities. Accordingly, Prior to arriving at this budget, the information on complying with this and AMS has prepared this final regulatory committee considered information from other marketing order regulations by flexibility analysis. various sources, such as the committee’s viewing a guide at the following Web The purpose of the RFA is to fit Executive, Market Development, and site: http://www.ams.usda.gov/ regulatory actions to the scale of Research Subcommittees. Alternate AMSv1.0/ams.fetchTemplate business subject to such actions in order spending levels were discussed by these Data.do?template=TemplateN&page= that small businesses will not be unduly groups, based upon the relative value of MarketingOrdersSmallBusinessGuide; or disproportionately burdened. various research and marketing projects or by contacting Jay Guerber, Marketing Marketing orders issued pursuant to the to the olive industry and the reduced Order Administration Branch, Fruit and Act, and the rules issued thereunder, are olive production. The assessment rate of Vegetable Programs, AMS, USDA, 1400 unique in that they are brought about $28.63 per ton of assessable olives was Independence Avenue SW., STOP 0237, through group action of essentially derived by considering anticipated Washington, DC 20250–0237; small entities acting on their own expenses, the volume of assessable Telephone: (202) 720–2491, Fax: (202) behalf. olives and additional pertinent factors. 720–8938, or E-mail: There are approximately 1,000 A review of historical information [email protected]. producers of olives in the production indicates that the grower price for the area and 2 handlers subject to regulation 2008–09 crop year was approximately SUPPLEMENTARY INFORMATION: This rule under the marketing order. Small $1,109.47 per ton for canning fruit and is issued under Marketing Agreement agricultural producers are defined by $380.71 per ton for limited-use sizes, No. 148 and Order No. 932, both as the Small Business Administration (13 leaving the balance as unusable cull amended (7 CFR part 932), regulating CFR 121.201) as those having annual fruit. Approximately 84 percent of the the handling of olives grown in receipts less than $750,000, and small total tonnage of olives received is California, hereinafter referred to as the agricultural service firms are defined as canning fruit sizes and 11 percent is ‘‘order.’’ The order is effective under the those whose annual receipts are less limited use sizes, leaving the balance as Agricultural Marketing Agreement Act than $7,000,000. unusable cull fruit. Grower revenue on of 1937, as amended (7 U.S.C. 601–674), Based upon information from the 49,067 total tons of canning and limited- hereinafter referred to as the ‘‘Act.’’ committee, the majority of olive use sizes would be $49,283,177 given The Department of Agriculture producers may be classified as small the current grower prices for those sizes. (USDA) is issuing this rule in entities. Both of the handlers may be Therefore, with an assessment rate conformance with Executive Order classified as large entities. increased from $15.60 to $28.63, the 12866. This rule continues in effect the estimated assessment revenue is The handling of olives grown in action that increased the assessment rate expected to be almost 3 percent of California is regulated under 7 CFR part established for the committee and grower revenue. 932. Under the order, California olive collected from handlers for the 2009 and This action increases the assessment handlers are subject to assessments, subsequent fiscal years from $15.60 to obligation imposed on handlers. While which provide funds to administer the $28.63 per ton of assessable olives. The assessments impose some additional order. Assessment rates issued under committee unanimously recommended costs on handlers, the costs are minimal the order are intended to be applicable 2009 expenditures of $1,482,349 and an and uniform on all handlers. Some of to all assessable olives for the entire assessment rate of $28.63 per ton. The the additional costs may be passed on fiscal year, and continue indefinitely assessment rate of $28.63 is $13.03 to producers. However, these costs will until amended, suspended, or higher than the 2008 rate. The higher be offset by the benefits derived by the terminated. The committee’s fiscal year assessment rate is necessary because operation of the marketing order. In begins on January 1, and ends on assessable olive receipts for the 2008–09 addition, the committee’s meeting was December 31. crop year were reported by the CASS to widely publicized throughout the In an interim final rule published in be 49,067 tons, compared to 108,059 California olive industry and all the Federal Register on February 20, tons for the 2007–08 crop year. Actual interested persons were invited to 2009, and effective on February 21, 2009 assessable tonnage for the 2009 fiscal attend the meeting and participate in (74 FR 7782, Doc. No. AMS–FV–08– year is expected to be lower because committee deliberations on all issues. 0105; FV09–932–1 IFR), § 932.230 was some of the receipts may be diverted by Like all committee meetings, the amended by increasing the assessment handlers to exempt outlets on which December 10, 2008, meeting was a rate established for the committee for assessments are not paid. public meeting and all entities, both the 2009 and subsequent fiscal years Income generated from the $28.63 per large and small, were able to express from $15.60 to $28.63 per ton of ton assessment rate should be adequate views on this issue. assessable olives from the applicable to meet this year’s expenses when This action imposes no additional crop years. The increase in the per ton combined with funds from the reporting or recordkeeping requirements assessment rate was deemed necessary authorized reserve and interest income. on either small or large California olive because the 2008–2009 olive crop was Funds in the reserve would be kept handlers. As with all Federal marketing significantly smaller than the previous within the maximum permitted by the order programs, reports and forms are year’s crop and would not have order of about one fiscal year’s expenses periodically reviewed to reduce generated adequate assessment revenues (§ 932.40). information requirements and to meet the committee’s budgeted Expenditures recommended by the duplication by industry and public program needs. committee for the 2009 fiscal year sector agencies. include $495,000 for research, $627,800 USDA has not identified any relevant Final Regulatory Flexibility Analysis for marketing activities, and $359,549 Federal rules that duplicate, overlap, or Pursuant to requirements set forth in for administration. Budgeted conflict with this rule. the Regulatory Flexibility Act (RFA) (5 expenditures for these items in 2008 Comments on the interim final rule U.S.C. 601–612), the Agricultural were $500,000, $750,000, and $288,552, were required to be received on or

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before April 21, 2009. No comments the National Poultry Improvement Plan List of Subjects in 9 CFR Part 145 were received. Therefore, for the reasons (the Plan) and its auxiliary provisions Animal diseases, Poultry and poultry given in the interim final rule, we are by providing new or modified sampling products, Reporting and recordkeeping adopting the interim final rule as a final and testing procedures for Plan requirements. rule, without change. participants and participating flocks. In ■ Accordingly, we are amending 9 CFR To view the interim final rule, go to that final rule, we amended the U.S. part 145 as follows: http://www.regulations.gov/fdmspublic/ Avian Influenza Clean program for component/ multiplier meat-type chicken breeding PART 145—NATIONAL POULTRY main?main=DocketDetail&d=AMS-FV- flocks to require that 15 birds be tested IMPROVEMENT PLAN FOR BREEDING 08-0105. to retain the classification, rather than POULTRY This action also affirms information 30. However, our amendatory contained in the interim final rule instruction accomplishing this change ■ 1. The authority citation for part 145 concerning Executive Orders 12866 and also amended the program to require continues to read as follows: 12988, the Paperwork Reduction Act (44 multiplier spent fowl to be tested within Authority: 7 U.S.C. 8301–8317; 7 CFR U.S.C. Chapter 35), and the E-Gov Act 15 days prior to movement to slaughter, 2.22, 2.80, and 371.4. (44 U.S.C. 101). rather than 30 days. We had intended to After consideration of all relevant retain the 30-day requirement. This § 145.33 [Amended] material presented, it is found that document corrects that error. ■ 2. In § 145.33, paragraph (l)(2)(i) is finalizing the interim final rule, without amended by removing the words ‘‘15 DATES: Effective Date: August 3, 2009. change, as published in the Federal days’’ and adding the words ‘‘30 days’’ Register (74 FR 7782, February 20, FOR FURTHER INFORMATION CONTACT: Mr. in their place. 2009) will tend to effectuate the Andrew R. Rhorer, Senior Coordinator, Done in Washington, DC, this 27th day of declared policy of the Act. Poultry Improvement Staff, National July 2009. List of Subjects in 7 CFR Part 932 Poultry Improvement Plan, Veterinary William H. Clay, Services, APHIS, USDA, 1498 Klondike Marketing agreements, Olives, Acting Administrator, Animal and Plant Road, Suite 101, Conyers, GA 30094– Health Inspection Service. Reporting and recordkeeping 5104; (770) 922–3496. requirements. [FR Doc. E9–18485 Filed 7–31–09; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 3410–34–P PART 932—OLIVES GROWN IN Background CALIFORNIA—[AMENDED] In a final rule that was published in NUCLEAR REGULATORY ■ Accordingly, the interim final rule the Federal Register on April 1, 2009 COMMISSION that amended 7 CFR part 932 and that (74 FR 14710–14719, Docket No. was published at 74 FR 7782 on APHIS–2007–0042), and effective on 10 CFR Part 26 February 20, 2009, is adopted as final May 1, 2009, we amended the National [NRC–2002–0002] rule, without change. Poultry Improvement Plan (the Plan) RIN 3150–AF12 Dated: July 28, 2009. and its auxiliary provisions by Rayne Pegg, providing new or modified sampling Fitness for Duty Programs Administrator, Agricultural Marketing and testing procedures for Plan Service. participants and participating flocks. AGENCY: Nuclear Regulatory [FR Doc. E9–18415 Filed 7–31–09; 8:45 am] The regulations in 9 CFR parts 145, 146, Commission. BILLING CODE P and 147 contain the provisions of the ACTION: Final rule; correcting Plan. amendment. We amended the U.S. Avian Influenza DEPARTMENT OF AGRICULTURE SUMMARY: This document corrects a Clean program for multiplier meat-type final rule appearing in the Federal chicken breeding flocks in § 145.33(l) by Animal and Plant Health Inspection Register on March 31, 2008 (73 FR reducing the sample of birds required to Service 16965), that amended the Nuclear be tested from 30 to 15 and reducing the Regulatory Commission’s (NRC’s) interval at which the sample must be 9 CFR Part 145 regulations that govern fitness for duty tested from 180 to 90 days. As the 30- programs. This document is necessary [Docket No. APHIS–2007–0042] bird sample is referred to 4 times in to correct erroneous language in the paragraph (l), the amendatory RIN 0579–AC78 preamble and codified language of the instruction to accomplish this change final rule. These corrections include National Poultry Improvement Plan and indicated that the numeral ‘‘30’’ should fixing typographical errors and cross- Auxiliary Provisions; Technical be replaced each time it occurred in references, revising language in the Amendment paragraph (l) with the numeral ‘‘15.’’ preamble to clarify unintended However, paragraph (l)(2)(i) of § 145.33 discrepancies with the codified rule AGENCY: Animal and Plant Health also contained a requirement that text, and making non-substantive Inspection Service, USDA. multiplier spent fowl be tested within changes to the rule text that do not ACTION: Final rule; technical 30 days prior to movement to slaughter. modify any requirements in the final amendment. Thus, our amendatory instruction rule. inadvertently changed that requirement SUMMARY: In a final rule that was to require testing of multiplier spent DATES: The correction is effective published in the Federal Register on fowl 15 days prior to slaughter. We had August 3, 2009, and is retroactively April 1, 2009 (74 FR 14710–14719, intended to retain the 30-day applicable to March 31, 2008. Docket No. APHIS–2007–0042), and requirement. This document corrects FOR FURTHER INFORMATION CONTACT: effective on May 1, 2009, we amended that error. Lynn Hall, Office of Nuclear Reactor

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Regulation, U.S. Nuclear Regulatory 3. On page 17002, third column, in 10. On page 17138, first column, the Commission, telephone 301–415–3759, the second complete paragraph, the first third complete sentence beginning on e-mail: [email protected]. sentence is corrected to read as follows: line 15 is corrected to read as follows: ADDRESSES: Documents related to this Section 26.4(g) of the final rule If at any time during a unit outage an correction can be publicly accessed amends the proposed rule to clarify the individual performs duties specified in using the following methods: requirements that the FFD program § 26.4(a)(1) through (a)(4) on or for a Federal e-Rulemaking Portal: Go to personnel specified in this paragraph unit that is not disconnected from the http://www.regulations.gov and search must meet. electrical grid, the individual is subject for documents filed under Docket ID 4. On page 17007, first column, the to the minimum day off requirements of [NRC–2002–0002]. Address questions complete sentence beginning on line 15 § 26.205(d)(3) while the individual is about NRC dockets to Carol Gallagher is corrected to read as follows: performing those duties. 301–492–3668; e-mail: The definition explicitly states the List of Subjects in 10 CFR Part 26 [email protected]. criterion that the term ‘‘directing’’ refers NRC’s Public Document Room (PDR): to an individual who is ‘‘directly Alcohol abuse, Alcohol testing, The public may examine and have involved in the execution of the work Appeals, Chemical testing, Drug abuse, copied for a fee publicly available activity’’ and either ‘‘is ultimately Drug testing, Employee assistance documents at the NRC’s PDR, Public responsible for the correct performance programs, Fitness for duty, Management File Area O F21, One White Flint North, of that work activity’’ as opposed to, for actions, Nuclear power reactors, 11555 Rockville Pike, Rockville, example, the planning, development or Protection of information, Reporting and Maryland 20852. scheduling of the activity, or whose recordkeeping requirements. NRC’s Agencywide Documents Access technical input does not receive ■ For the reasons set out in the and Management System (ADAMS): ‘‘subsequent technical review.’’ preamble and under the authority of the Publicly available documents created or 5. On page 17030, third column, in Atomic Energy Act of 1954, as amended; received at the NRC are available the first complete paragraph, the first the Energy Reorganization Act of 1974, electronically at the NRC’s electronic sentence is corrected to read as follows: as amended; and 5 U.S.C. 552 and 553; Reading Room at http://www.nrc.gov/ The NRC has added § 26.41(d)(2) to the NRC is adopting the following reading-rm/adams.html. From this page, ensure that licensees’ and other entities’ amendments to 10 CFR part 26. the public can gain entry into ADAMS, contracts with C/Vs and HHS-certified which provides text and image files of laboratories permit the licensee or other PART 26—FITNESS FOR DUTY NRC’s public documents. If you do not entity to obtain copies of and take away PROGRAMS have access to ADAMS or if there are any documents that auditors may need problems in accessing the documents to assure that the C/V, its ■ 1. The authority citation for part 26 located in ADAMS, contact the NRC’s subcontractors, or the HHS-certified continues to read as follows: PDR reference staff at 1–899–397–4209, laboratory are performing their Authority: Secs. 53, 81, 103, 104, 107, 161, 301–415–4737, or by e-mail: functions properly and that staff and 68 Stat. 930, 935, 936, 937, 948, as amended, [email protected]. procedures meet applicable sec. 1701, 106 Stat. 2951, 2952, 2953 (42 SUPPLEMENTARY INFORMATION: This requirements. U.S.C. 2073, 2111, 2112, 2133, 2134, 2137, document corrects erroneous language 6. On page 17086, third column, in 2201, 2297f); secs. 201, 202, 206, 88 Stat. to the preamble and codified language the second complete paragraph, the first 1242, 1244, 1246, as amended (42 U.S.C. 5841, 5842, 5846). of the Part 26 final rule published on sentence is corrected to read as follows: March 31, 2008 (73 FR 16965). Also, as Section 26.137(d)(5) requires that one ■ 2. In § 26.31, paragraphs (c)(4), (c)(5), published, the final regulations contain of the quality control samples included and (d)(1) introductory text are revised errors which may prove to be in each analytical run must appear to be to read as follows: misleading and need to be clarified. The a donor specimen to licensee testing following corrects the preamble to the facility technicians. § 26.31 Drug and alcohol testing. March 31, 2008 document. 7. On page 17088, second column, in * * * * * 1. On page 16972, third column, in the second complete paragraph, the (c) * * * the second paragraph, the second fourth sentence is corrected to read as (4) Follow-up. As part of a follow-up sentence is corrected to read as follows: follows: plan to verify an individual’s continued The final rule introduces the concept Section 26.137(e)(6)(v) requires that abstinence from substance abuse; and of ‘‘authorization’’ to Part 26 to refer to one sample must appear to be a donor (5) Random. On a statistically random the status of an individual who the sample to the licensee testing facility and unannounced basis, so that all licensee or other entity has determined technicians. individuals in the population subject to can be trusted to avoid substance abuse, 8. On page 17092, first column, in the testing have an equal probability of and, therefore, may be permitted to have second complete paragraph, the third being selected and tested. sentence is corrected to read as follows: the types of access or perform the duties (d) General requirements for drug and The cross-reference to former § 26.29 described in § 26.4 [FFD program alcohol testing—(1) Substances tested. has been updated to reference § 26.37 in applicability to categories of At a minimum, licensees and other the final rule. individuals], as a result of the process entities shall test for marijuana 9. On page 17117, first column, in the described in this subpart. metabolite, cocaine metabolite, opiates 2. On page 16983, first column, in the second complete paragraph, the third (codeine, morphine, 6-acetylmorphine), third complete paragraph, the second sentence is corrected to read as follows: amphetamines (amphetamine, sentence is corrected to read as follows: Therefore, § 26.189(a)(1) through methamphetamine), phencyclidine, Surveys and expert panels have (a)(5) provides examples of the adulterants, and alcohol. suggested that tolerance for overtime is healthcare professionals who are generally limited to 300–400 hours of qualified to address various fitness * * * * * overtime per year (ADAMS Accession issues that may arise in an FFD ■ 3. In § 26.41, paragraph (d)(1) is No. ML090850025); (NUREG/CR–4248). program. revised to read as follows:

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§ 26.41 Audits and corrective action. a donor specimen to the licensee testing of Regional Counsel, Federal Aviation * * * * * facility technicians. Administration, 1601 Lind Ave., SW., (d) * * * * * * * * Renton, Washington 98057–3356; (1) The contracts of licensees and ■ 6. In § 26.153, paragraph (f)(3) is telephone (425) 227–2166; fax: (425) other entities with C/Vs and HHS- revised to read as follows: 227–1007, e-mail: certified laboratories must reserve the [email protected]. right to audit the C/V, the C/V’s § 26.153 Using certified laboratories for SUPPLEMENTARY INFORMATION: subcontractors providing FFD program testing urine specimens. services, and the HHS-certified * * * * * Authority for This Rulemaking laboratories at any time, including at (f) * * * The FAA’s authority to issue rules on unannounced times, as well as to review (3) The laboratory shall maintain test aviation safety is found in Title 49 of the all information and documentation that records in confidence, consistent with United States Code. Subtitle I, Section is reasonably relevant to the audits. the requirements of § 26.37, and use 106 describes the authority of the FAA * * * * * them with the highest regard for Administrator. Subtitle VII, Aviation individual privacy. Programs, describes in more detail the ■ 4. In § 26.69, paragraphs (c)(3) and * * * * * scope of the agency’s authority. (d)(2) are revised to read as follows: This rulemaking is promulgated Dated at Rockville, Maryland, this 27th day under the authority described in § 26.69 Authorization with potentially of July 2009. disqualifying fitness-for-duty information. Subtitle VII, Part A, Subpart III, Section For the Nuclear Regulatory Commission. 44701, ‘‘General requirements.’’ Under * * * * * Annette L. Vietti-Cook, (c) * * * that section, the FAA is charged with Secretary of the Commission. (3) If the designated reviewing official promoting safe flight of civil aircraft in [FR Doc. E9–18364 Filed 7–31–09; 8:45 am] determines that a determination of air commerce by prescribing minimum fitness is required, verify that a BILLING CODE 7590–01–P standards required in the interest of professional with the appropriate safety for the design and performance of aircraft. This regulation is within the qualifications, as specified in scope of that authority because it § 26.189(a), has indicated that the DEPARTMENT OF TRANSPORTATION prescribes new safety standards for the individual is fit to safely and Federal Aviation Administration design of transport category airplanes. competently perform his or her duties; I. Background * * * * * 14 CFR Part 25 (d) * * * On October 31, 1994, an accident (2) If the designated reviewing official [Docket No.: FAA–2007–27654; Amendment involving an Avions de Transport No. 25–129] concludes that a determination of Regional ATR 72 series airplane fitness is required, verify that a RIN 2120–AI90 occurred in icing conditions.1 This professional with the appropriate prompted the FAA to initiate a review qualifications, as specified in Activation of Ice Protection of aircraft inflight icing safety and § 26.189(a), has indicated that the AGENCY: Federal Aviation determine changes that could be made individual is fit to safely and Administration (FAA), DOT. to increase the level of safety. In May competently perform his or her duties; 1996, the FAA sponsored the ACTION: and Final rule. International Conference on Aircraft * * * * * SUMMARY: The Federal Aviation Inflight Icing where icing specialists recommended improvements to increase ■ 5. In § 26.137, paragraphs (d)(2)(i), Administration amends the the level of safety of aircraft operating (d)(5), and (e)(6)(v) are revised to read airworthiness standards applicable to in icing conditions. The FAA reviewed as follows: transport category airplanes certificated for flight in icing conditions. The rule the conference recommendations and § 26.137 Quality assurance and quality requires a means to ensure timely developed a comprehensive multi-year control. activation of the airframe ice protection icing plan. The FAA Inflight Aircraft * * * * * system. This rule is the result of Icing Plan (Icing Plan), dated April 2 (d) * * * information gathered from a review of 1997, described various activities the (2) * * * icing accidents and incidents, and will FAA was contemplating to improve (i) Colorimetric pH tests must have a improve the level of safety for new safety when operating in icing dynamic range of 2 to 12 and pH meters airplane designs for operations in icing conditions. In accordance with the Icing must be capable of measuring pH to one conditions. Plan, the FAA tasked the Aviation Rulemaking Advisory Committee decimal place. DATES: This amendment becomes (ARAC),3 through its Ice Protection * * * * * effective September 2, 2009. Harmonization Working Group, to (5) Each analytical run performed to FOR FURTHER INFORMATION CONTACT: For consider the need for ice detectors or conduct initial validity testing shall technical questions concerning this final other acceptable means to warn include at least one quality control rule contact Kathi Ishimaru, FAA, flightcrews of ice accretion on critical sample that appears to be a donor Propulsion and Mechanical Systems surfaces requiring crew action. This rule specimen to the licensee testing facility Branch, ANM–112, Transport Airplane technicians. Directorate, Aircraft Certification 1 This accident and an Empressa Brasilia accident * * * * * Service, 1601 Lind Ave., SW., Renton, resulted in NTSB recommendations nos. A–96–56 (e) * * * Washington 98057–3356; telephone and A–98–91. This final rule partially addresses (6) * * * (425) 227–2674; fax: (425) 227–1320, e- these safety recommendations. 2 FAA Inflight Aircraft Icing Plan, dated April (v) At least one positive control, mail: [email protected]. For legal 1997, available in the Docket. certified to be positive by an HHS- questions concerning this final rule 3 Published in the Federal Register, December 8, certified laboratory, which appears to be contact Douglas Anderson, FAA, Office 1997 (62 FR 64621).

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is based on ARAC’s recommendations to pilot seeing a specified ice accretion on • Acceptable methods to determine if the FAA. a reference surface (not just the first sign the airframe IPS must be activated. of ice accretion) is not one of the three • Automatic cycling of the airframe A. Summary of the NPRM methods allowed under this rulemaking, IPS. The notice of proposed rulemaking so any requirements associated with this Four of the commenters, the Airline (NPRM), Notice No. 07–07, published in method are no longer relevant. Pilots Association (ALPA), National the Federal Register on April 26, 2007 Therefore, minor conforming changes Transportation Safety Board (NTSB), (72 FR 20924), is the basis for this have been made to §§ 25.143(j) and BAE Systems Regional Aircraft, and The amendment. The comment period 25.207(h) to remove the references to, Boeing Company (Boeing), expressed closed July 25, 2007. In the NPRM, we and requirements associated with, support for the rule. ALPA supported proposed to revise the airworthiness activating the IPS in response to the the rule without recommendations to standards for type certification of pilot seeing a specified ice accretion on revise the rule. Twelve commenters transport category airplanes to add a reference surface. Additional minor suggested specific improvements or requirements to ensure the timely changes have been made to § 25.207(h) clarifications. They were the NTSB, activation of an airframe ice protection to improve readability, including BAE Systems Regional Aircraft, Boeing, system (IPS). We also proposed to add moving a portion of existing the Air Crash Victims Families Group, requirements to reduce the flightcrew § 25.207(h)(2)(ii) to a new § 25.207(i). Bombardier Aerospace, Marinvent workload associated with operation of The text of part 25, appendix C, part Corporation, the Regional Airline an airframe IPS that is manually cycled, II(e) has been revised to include a Association, Swan International and to ensure the Airplane Flight reference to the new § 25.207(i). Sensors, Transport Canada, and three Manual includes IPS procedures for In addition, minor changes have been individuals. Ameriflight LLC operation. made to § 25.207(b) to improve clarity (Ameriflight) opposed certain provisions of the rule. Summaries of the B. Summary of the Final Rule and to correct an error introduced by Amendment 25–121. Section 25.207(b), comments and our responses (including The FAA is adopting this final rule as amended by Amendment 25–121, explanations of any changes to the final because accidents and incidents states, ‘‘Except for the stall warning rule in response to the comments) are occurred where the flightcrew did not prescribed in paragraph (h)(2)(ii) of this provided below.6 operate the airframe IPS in a timely section, the stall warning for flight in A. Ice Detection, Activation of Airframe manner and because of concerns over icing conditions prescribed in paragraph the flightcrew workload required to IPS, and Automatic Cycling of Airframe (e) of this section must be provided by IPS operate an airframe IPS that the the same means as the stall warning for flightcrew must manually cycle when flight in non-icing conditions.’’ In the NPRM, we proposed one of the they observe ice accretions. The final However, the stall warning prescribed following three methods for ice rule addresses these concerns by by § 25.207(h)(2)(ii) is an exception only detection and activation of the airframe ensuring that flightcrews are provided to the § 25.207(b) requirement that stall IPS to ensure timely activation of the with a clear means to know when to airframe IPS (proposed § 25.1419(e)): warning in icing conditions be provided • activate the airframe IPS. The final rule by the same means as for non-icing A primary ice detection system that reduces the workload associated with conditions. It is not an exception to, nor automatically activates or alerts the monitoring ice accretions by requiring a flightcrew to activate the airframe IPS; is it associated with, the stall warning • system that operates continuously, a margin prescribed by § 25.207(e). The Visual cues for recognition of the system that automatically cycles the reference to § 25.207(e) is incorrect and first sign of ice accretion combined with IPS, or an alert to the flighcrew each potentially confusing. Therefore, it is an advisory ice detection system that time the IPS must be cycled. removed by this final rule. alerts the flightcrew to activate the This final rule adopts the proposed airframe IPS; or Because of the reformatting of rule with minor changes and adds • Identification of conditions § 25.207(h), as discussed above, the minor conforming changes to rules that conducive to airframe icing for use by previous § 25.207(h)(2)(ii) is now were added by the final rule entitled the flightcrew to activate the airframe § 25.207(h)(3)(ii). The reference to this ‘‘Airplane Performance and Handling IPS when those conditions exist. paragraph in § 25.207(b) is changed Qualities in Icing Conditions (72 FR In addition, proposed § 25.1419(g) accordingly. Other minor wording 44656, August 8, 2007) (Amendment would require an airframe IPS that changes have been made to improve 25–121).4 Amendment 25–121 added operates cyclically (for example, deicing clarity. We consider all of these changes specific requirements for airplane boots) to automatically cycle after the to § 25.207(b) to be technical performance and handling qualities for initial activation, or installation of an clarifications that do not change the flight in icing conditions. Sections ice detection system to alert the intent of this paragraph or impose an 25.143(j) and 25.207(h), at Amendment flightcrew each time the deicing boots additional burden on applicants. 25–121, define requirements that apply must be activated. if activating the IPS depends on the Below is a more detailed discussion of The following comments were pilot seeing a specified ice accretion on the rule as it relates to the comments we received on these proposals. a reference surface (not just the first sign received on the NPRM. Appendix 1 defines terms used in this preamble. 1. Oppose Installation of an Ice of ice accretion). Detection System Section 25.1419(e) of this final rule II. Summary of Comments requires one of three methods of Ameriflight opposed the installation detecting icing and activating the The FAA received 14 comments of an ice detection system because airframe IPS.5 Activation based on the concerning the following general areas properly trained flightcrews can easily of the proposal: detect ice accretion by means such as 4 See Docket No. FAA–2005–22840 for complete ice forming in the corners of the details. accretion combined with an advisory ice detector, 5 The three methods are: (1) Primary ice detection and (3) specifying conditions conducive to airframe 6 The full text of each commenter’s submission is system, (2) visual cues of the first sign of ice icing. available in the Docket.

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windshield or on windshield wiper of 1 × 10 5 failure per flight hour. ability to clean the wing effectively.7 arms. An individual commenter Transport Canada indicated the Thus, the commenter believed that believed nothing, including an ice classification assigned to the activating the boots at the first sign of detector, can replace pilots looking out unannunciated loss of an advisory ice ice was actually contrary to safety and the window to gather information on detection system would appear to Ameriflight’s long experience with this icing. depend upon the advisory ice detection system. Ameriflight also suggested that it system design, the IPS design, and the The FAA has issued airworthiness would be difficult or impossible to airplane on which it is installed. directives requiring activation of design a sufficiently reliable ice Therefore, it is Transport Canada’s pneumatic deicing boots early and detection system that would be position that specific cases may need to often. The airworthiness directives and economically feasible and a practicable consider the unannunciated loss of the this rule address icing accidents and substitute for flightcrew training and advisory ice detection system as a major incidents where the flightcrew was vigilance. The individual commenter failure. The natural tendency of either completely unaware of ice opposed installation of an ice detection flightcrews to become accustomed to accretion on the airframe, or was aware system because of his experience on a using the advisory ice detection system of ice accretion but judged that it was military airplane that was equipped may increase the need to make not significant enough to warrant with an unreliable icing warning light. flightcrews aware of failure of the operation of the airframe IPS. The FAA agrees that flightcrew The commenter raised concerns over advisory ice detection system. The training and vigilance are extremely residual ice, which is ice remaining (not flightcrews may need to take extra important to ensure the safe operation of shed) after a complete boot cycle. The precautions when they have detected a aircraft in icing conditions. However, FAA participated in high and low speed possible failure of the advisory ice visual observation of ice accretion icing wind tunnel tests that contradict alone, as suggested by Ameriflight and detection system. the commenter’s position that boots the individual commenter, is not The FAA infers that Transport Canada work better, and continue to shed ice sufficient to ensure timely operation of would like the proposed rule changed to effectively, for a longer period if airfoil the airframe IPS. The flightcrew’s include a minimum reliability leading ice is allowed to build before observation of ice accretions can be requirement for the advisory ice cycling the boots. difficult during times of high workload, detection system. The FAA finds it is The higher speed icing wind tunnel nighttime operations, or when clear ice unnecessary to revise this rule to tests (≥180 KCAS) showed that ice was has accumulated. In addition, there include a minimum reliability shed after each boot activation and that have been icing accidents and incidents requirement for the advisory ice after 2 or 3 cycles there was no where the flightcrew was either detection system because § 25.1309 discernible difference between ice completely unaware of ice accretion on requires the determination of the hazard accretions from early versus delayed the airframe, or was aware of ice level associated with failure of any activation of the boots. The residual ice accretion but judged that it was not airplane system which then drives the that remained on the boot after cycling significant enough to warrant operation required degree of reliability of that at the first sign of ice accretion was of the airframe IPS. Therefore, reliance system. Additionally it would not be always smaller than the amount of ice on only flightcrew visual observation of appropriate to pick a specific minimum that was present on the boot during the ice accretion alone is not adequate and reliability requirement for the advisory time that it took for 1⁄4-inch of ice to must be supplemented with an advisory ice detection system because, as pointed form. ice detection system to provide an out by the commenter, the hazard level The lower speed icing wind tunnel ≤ acceptable level of safety. associated with the unannunciated loss tests ( 144 KCAS) showed large The FAA acknowledges that it is not of the advisory ice detection system may amounts of residual ice which the boots a simple task to design and certificate an depend upon the advisory ice detection had difficulty shedding, regardless of ice detection system. However, ice system design, the airframe IPS design, the activation method employed. detection systems exist today that meet and the airplane on which it is installed. Immediate activation of an automatic the reliability requirements of part 25. However, the FAA may consider system did not degrade ice shedding Section 25.1309 ensures the degree of including guidance on advisory ice performance. Cycling early and often reliability of an airframe IPS is detection system reliability in the resulted in shedding sooner than commensurate with the hazard level associated advisory circular. waiting for a specified ice accretion associated with the failure of the thickness. For example, simulating an airframe IPS. 3. Do Not Activate Pneumatic Deicing automatic one minute system activated In response to the contention that an Boots at First Sign of Ice Accretion at first sign of icing at 14 °F, 108 KCAS, ice detector would not be economically resulted in a ‘‘good shed’’ at the 15th Ameriflight did not support activation feasible, the FAA notes that on recent cycle at 15 minutes. Waiting for a 1⁄4 of pneumatic deicing boots at the first part 25 airplane certifications inch accretion before cycling resulted in sign of ice accretion, noting that these manufacturers sought and received a ‘‘good shed’’ at the 12th cycle at 20 boots work better and continue to shed approval for installation of ice detectors minutes. The residual ice after ‘‘good ice more effectively for a longer period without an FAA requirement for such a sheds’’ was similar regardless of the if airfoil leading-edge ice is allowed to system. Therefore, the FAA infers that boot activation method. Based on the build to a sufficient thickness before these manufacturers consider the results of these tests, we do not agree cycling the boots. The commenter stated installation of ice detectors with Ameriflight’s position about the economically feasible. that when the boots are operated at the first indication of ice, the ice is only 7 The commenter noted that this is particularly 2. Reliability of Advisory Ice Detection partially shed. The ice remaining on the true of older boots that have been on the wing for System boot provides a rough surface on which several seasons and which—although completely additional ice accumulates more readily airworthy—have leading edges which have become Transport Canada suggested that the somewhat roughened by the impacts of ice crystals, reliability level of the advisory ice than on a smooth boot surface, snow, hail, etc., and provide a better ‘‘tooth’’ to detection system should be on the order shortening the duration of the boots’ which structural ice can adhere.

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effectiveness of pneumatic deicing automatic activation must be inhibited a primary ice detection system (dual ice boots. in certain flight phases. detectors) seems to indicate an intent to Ameriflight commented that IPS other focus on ice detection failure. Therefore, 4. Oppose Automatic Activation and than deicing boots should be controlled the commenter believed that it would be Cycling of Airframe IPS by active involvement of the flightcrew, appropriate to address how primary ice Ameriflight also opposed any system rather than automatically. IPS operation detectors should be certified knowing that would automatically activate ice at inopportune times could actually these potential limitations. protection equipment or automatically decrease safety, for example by causing The FAA reviewed our airworthiness cycle pneumatic deicing boots. (i) preexisting ice accumulations to be directives that require operating deicing Ameriflight suggested automatic shed into engine inlets, (ii) undesired boots at the first sign of ice accretion. activation of deicing boots during low drawdown of engine bleed air, or (iii) an We determined that this means of IPS speed operation, takeoff, or in the excess electrical load. Systems could be operation should be improved because landing flare could cause handling designed with sensors to protect against such observations can be difficult quality problems on some aircraft. The such inopportune operation, but only at during times of high workload, commenter stated that although such the price of additional complexity and nighttime operations, or when clear ice automatic operation could be inhibited unreliability. Ameriflight opposed any has accumulated. Therefore, to mitigate by airspeed, landing gear position, or system that would automatically the effects of human sensory limitations other sensors, these in turn add activate ice protection equipment or and inadequate attention due to increments of complexity and potential automatically recycle pneumatic deicing workload, the final rule requires visual unreliability that tend to offset the boots because automatic systems may cues of ice accretions in combination automatic systems’ safety value. fail, and the flightcrew might be with an advisory ice detector. The The FAA agrees that automatic unaware the IPS is not operating. combination of visual cues and advisory activation of the deicing boots during ‘‘Automatic’’ systems add complexity, ice detectors is intended to address the some phases of flight (for example, testing requirements, and systems potential limitations of human beings, landing flare) could result in handling interfaces, and often result in decreased not of the ice detectors, as suggested by quality problems on some airplanes. As overall reliability and tend to remove the commenter. Limitations of primary Ameriflight pointed out, inhibiting the flightcrew from the operational loop. ice detectors, as well as advisory ice automatic activation during these The final rule does not require detectors, are addressed during phases of flight to prevent any handling automatic activation of airframe IPS, but certification through the requirements of quality problems adds complexity to the does allow it if a primary ice detection §§ 25.1301 and 25.1309. These system and could potentially increase system is installed. If an applicant regulations require that equipment the chances for the system not to chooses to certificate a system to function properly when installed, activate when it is needed. However, the activate the airframe IPS automatically, perform its intended functions under FAA finds that the increase in safety compliance with part 25 regulations any foreseeable operation condition, afforded by automatic activation of the ensure the airplane can operate safely and ensure system reliability airframe IPS outweighs the concerns any time the airframe IPS is operated. commensurate with the hazard expressed by Ameriflight and that Issues raised by the commenter such as associated with a failure of that system. compliance with other regulations ice shedding, bleed air, and electrical would mitigate those concerns. power are considered during airplane 6. Require Automatic Activation of Section 25.143(a) requires airplanes to certification. As previously mentioned, Airframe IPS be safely controllable and maneuverable any system that would be necessary to An individual commenter requested during takeoff, climb, level flight, inhibit automatic activation would be that § 25.1419(e) be revised to allow descent, and landing. Section 25.143(b) required to comply with § 25.1309, only automatic activation of airframe states that it must be possible to make which ensures system reliability IPS in appendix C icing conditions, and a smooth transition from one flight commensurate with the hazard to require IPS status displays. The condition to another without associated with the failure of that commenter suggested that all other exceptional piloting skill, alertness, or system. As indicated by the commenter, proposed options to ensure timely strength under any probable operating an automatic system may fail. However, activation of the airframe IPS be deleted. condition. If the airplane cannot operate § 25.1309 requires assessing the hazard The commenter believed that visual safely with the airframe IPS activated associated with the failure and cues are not adequate, there is no during a particular phase of flight, providing appropriate warnings correlation between the ice formed on automatic activation of the airframe IPS commensurate with the hazard. the airframe and the thickness of the ice would need to be inhibited during that Compliance with part 25 ensures the formed on the ice detector, and phase of flight. safe operation of the airplane if the automatic activation would minimize Any potential effect on the reliability airframe IPS is automatically activated hazards by making flightcrews aware of of the system to activate would be regardless of whether the airframe IPS is icing conditions early. assessed in accordance with § 25.1309, a thermal anti-ice system or a deicing The FAA disagrees and maintains that which requires that systems must be boot system. the proposed standard that allows designed to perform their intended several means to ensure timely function under any foreseeable 5. Necessity for Visual Cues in activation of the airframe ice protection operating condition. Section 25.1309 Combination With an Advisory Ice equipment is acceptable. Icing accidents also establishes the minimum allowable Detector and incidents do not support the system reliability, which is based on the Bombardier noted the requirement for suggested revision. The FAA hazard that would result from failure of an advisory system, in combination acknowledges that automatic activation the system. Therefore, the increase in with visual cues for recognition of ice of airframe IPS based on icing safety afforded by automatic activation accretion, implies that visual cues are conditions will likely result in earlier of the airframe IPS would not be offset necessary because of ice detector failure activation and minimize the effects of by the increase in complexity and and not ice detector performance. The icing compared to waiting until ice potential effect on reliability if fact that no visual cues are necessary for accretions have formed on the airframe.

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However, later activation is acceptable, may be some challenges to observing conducive to airframe icing as defined provided an applicant substantiates the visible moisture at night, the challenge by an appropriate static or total air airplane can operate safely with the ice is no different than for engine IPS temperature and visible moisture for use accretion present at the time the activation. The FAA expects that by the flightcrew to activate the airframe airframe IPS is activated and becomes activation of the airframe IPS using the IPS. The proposed rule defined the effective. Consequently, if the airframe same type of cues will result in timely environmental conditions as a static or IPS is activated based on an ice detector, activation just as it has for engines. total air temperature and visible it is the ice accretion present on the Furthermore, the accident and moisture. Advisory circular (AC) 25– airframe that is important, not the incident history does not support the 1419–2, Compliance with the Ice correlation between the ice shape on the commenter’s position that training Protection Requirements of ice detector and the airframe. The flightcrews to recognize conditions §§ 25.1419(e), (f), (g), will provide commenter pointed out icing accidents conducive to icing has not been guidance on determining the and incidents where the flightcrew was successful. For airplanes with an temperature cue. Therefore, we made no unaware of ice accretions and airframe IPS that is activated based on changes to proposed § 25.1419(e)(3) in concluded that visual cues are visible moisture and temperature, the this final rule. inadequate. The FAA concurs that FAA is unaware of accidents or 10. Require Aircraft Be Equipped With visual cues alone are not adequate, but incidents attributed to the flightcrew not All Three Proposed Methods of visual cues in addition to an advisory activating the airframe IPS. Airframe Ice Detection ice detection system would provide an Regarding the concern over the acceptable level of safety and mitigate reliability of the current equipment used The proposed § 25.1419(e) would the effects of human sensory limitations to detect temperature, the equipment require one of three ice detection and and inadequate attention due to must meet the requirements of activation methods. The Air Crash workload. § 25.1309. This could result in the need Victims Families Group and an to install different temperature sensing individual commenter requested that 7. Remove Option To Activate Airframe equipment than what is used on aircraft the final rule require all three ice IPS Based on Temperature and Visible today. detection and activation methods Moisture identified in proposed § 25.1419(e). The Proposed § 25.1419(e)(3) would allow 8. Allow Temperature and Visible commenters also requested that the FAA activation of the airframe IPS based on Moisture in Combination With an require automatic ice detection systems conditions conducive to airframe icing Advisory Ice Detection System to warn pilots of icing and to activate as defined by appropriate static or total Transport Canada recommended the IPS automatically. The commenters air temperature and visible moisture. FAA include temperature and visible referenced the Circuit City airplane Three commenters, Transport Canada, moisture in combination with an accident in Pueblo, Colorado, on Swan International Sensors, and an advisory ice detection system as an February 16, 2005, where the NTSB individual commenter did not consider acceptable configuration under the found the probable cause to be the proposed § 25.1419(e)(3) an acceptable proposed rule. flightcrew’s failure to monitor and alternative to requiring an ice detection The FAA determines there is no need maintain airspeed and comply with system. Transport Canada noted that it to revise the rule to explicitly provide procedures for ice boot activation on is common to base temperature the suggested option. The regulations approach.8 In addition, the NTSB found indication on a single sensor, which provide minimum requirements and an that distractions impeded the may not have the required reliability applicant has the option of exceeding flightcrew’s ability to monitor and and failure monitoring. Moreover, the these requirements. Therefore, even maintain airspeed and manage the display of temperature may not be though the suggested option is not deicing system. conspicuous particularly on electronic identified in the proposed rule, it would The FAA finds that icing accidents flight instrument systems. In addition, it be acceptable for an applicant to comply and incidents do not support the may not be easy to see visible moisture with proposed § 25.1419(e)(3) and commenters’ suggestion to require all at night. The commenter requested that voluntarily go beyond that requirement three proposed methods to ensure if paragraph (e)(3) is retained, it should and install an advisory ice detection timely activation of the airframe IPS or be limited to airplanes that are at a system. require a system to activate the airframe lower risk of icing related incidents and IPS automatically. The three proposed accidents. The individual commenter 9. Need Definition of Environmental methods would independently ensure stated that training flightcrews to Conditions Conducive to Icing timely activation of the airframe IPS. recognize conditions conducive to icing The National Transportation Safety The FAA is unaware of any icing is not an adequate solution because Board (NTSB) commented that industry accidents or incidents attributed to such training and documentation have could not realistically be expected to untimely activation of the airframe IPS existed for some time, yet icing related implement § 25.1419(e)(3) until the FAA on an airplane that had equipment accidents still occurred. provides a more specific definition of compliant with this rule. The flightcrew The FAA concludes that ‘‘environmental conditions conducive to of the Circuit City airplane relied on § 25.1419(e)(3) should be retained as icing.’’ Swan International Sensors visual observation of ice accretions for proposed because activation of the stated that the flightcrew would be determining if the airframe IPS should airframe IPS using visible moisture and required to interpret icing conditions be activated and cycled manually. There temperature is based on the because they are not defined adequately was not a detector to tell the flightcrew methodology currently being used safely by paragraph (e)(3). to cycle the airframe IPS. This rule for activating engine IPS. Flightcrews The FAA concludes that the proposed requires an advisory ice detection are trained to recognize conditions rule adequately defined environmental conducive to icing (that is, visible conditions conducive to icing and does 8 The commenter noted that the Cessna Citation moisture and temperature) and have not require interpretation by the 560 was equipped with deice boots that do not cycle automatically, which require pilots to used this method safely for the flightcrew. The rule requires the continually monitor accumulation and reactivate operation of engine IPS. While there manufacturer to identify conditions the deice boots each time.

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system in addition to visual observation difficult for the applicant and the already specify the means that can be of the first sign of ice accretion as a regulator to establish common ground to used to substantiate that an airplane can means to determine the airframe IPS demonstrate an equivalent level of operate safely in icing conditions. For must be activated. In addition, the rule safety. The commenters contended the these reasons, the FAA did not adopt addresses flightcrew workload by existing proposed rule text would the suggested changes to § 25.1419(f). effectively exclude the APM systems as requiring deice boots to automatically C. Airplane Flight Manual Requirements cycle or by equipping the airplane with a viable alternative means of an ice detection system to alert the compliance with the regulation. Proposed section § 25.1419(h) would flightcrew each time the airframe IPS The Regional Airline Association require that procedures for operation of must be cycled. For these reasons, the added that at least one of their associate the IPS be established and documented suggested revisions are not being members currently provides an APM in the Airplane Flight Manual (AFM). adopted. system as an option in their aircraft BAE Systems Regional Aircraft (Aerospatiale model ATR 72) for their requested the word ‘‘airframe’’ be added 11. Require Manual Back-Up to airline members. to § 25.1419(h). The FAA finds that Automatic Activation of Airframe IPS The FAA concludes that, at this time, adding the word ‘‘airframe’’ to Proposed § 25.1419(g) addressed the APMs are not sufficiently mature to use § 25.1419(h) is not necessary because flightcrew workload associated with an as a method to ensure timely activation the procedures for operation of both airframe IPS that operates cyclically and of the airframe IPS. Further, contrary to engine and airframe IPS must be in the that requires continuous monitoring of the commenters’ beliefs, the equivalent AFM. Traditionally, manufacturers ice accretions to determine when to level of safety process is commonly provide adequate information in the activate the IPS. Proposed paragraph used in certification programs and AFM regarding the operation of the (g)(2) requires that these systems would not discourage the use of engine IPS, but information for an automatically cycle the airframe IPS to alternatives such as an APM. airframe IPS is sometimes lacking or is eliminate the need to continuously In response to the Regional Airline not consistent with the methods of monitor ice accretions. An individual Association’s comment that an APM is operation used during certification. commenter requested that proposed currently offered as an option on the Proposed paragraph (h) is included to paragraph (g) be revised to require Aerospatiale ATR 72 aircraft, the FAA is ensure future AFMs also include manual system activation as a back-up aware that Aerospatiale has certificated information for the operation of airframe to automatic activation. Compliance an aircraft performance monitor, not an IPS. Another commenter requested that with § 25.1309, which requires an aerodynamic performance monitor. The § 25.1419(h) be deleted because the assessment of the hazard associated aircraft performance monitor system requirement is already covered by the with the failure of a system, will used on the ATR 72 is intended to existing regulation in the section titled determine whether a manual system is provide the flightcrew with information ‘‘Airplane Flight Manual.’’ required as a back-up to an automatic that could help them manage a severe The FAA finds that the sections activation system. Therefore, the FAA icing encounter. The ATR 72’s aircraft relating to the AFM in part 25, Subpart finds it is unnecessary to require a back- performance monitor system is not G (§§ 25.1581–25.1587) do not explicitly up manual system as suggested by the intended, nor certificated, to provide the address IPS operations. Therefore, the commenter. flightcrew with information to ensure the airframe IPS is activated in a timely Subpart G regulations must be 12. Allow an Aerodynamic Performance manner. supplemented with the proposed Monitoring System § 25.1419(h) to ensure that procedures B. Airframe Ice Protection System for operating the IPS are included in the Marinvent and the Regional Airline Operation Association requested revising the AFM and are consistent with the Proposed § 25.1419(f) would allow an proposed rule to include an requirements of § 25.1419. For these applicant to substantiate that the aerodynamic performance monitoring reasons, the suggested revision is not airframe IPS need not be operated (APM) system as an alternative to ice being adopted in this final rule. during specific phases of flight. An Boeing requested that proposed detection systems.9 The commenters individual commenter requested that § 25.1419(g)(1) be changed to require believed APMs have several advantages § 25.1419(f) be revised to allow airplane that the IPS must operate continuously over ice detectors, but that they do not operations with the IPS inactive if the only while the aircraft remains in icing inherently detect ice. Therefore, the airplane can be operated safely with the conditions. The proposed rule would proposed rule text did not directly ice accretions associated with probable require operating the anti-icing system address APMs because they are not failures. The commenter also requested continuously throughout a potentially strictly ‘‘ice detection systems.’’ The that § 25.1419(f) be revised to require long flight after exiting icing conditions. commenters understood that applicants that safe operation be demonstrated by Such continued operation while not in may propose the APM as an alternative flight test, icing tunnel tests, or other icing conditions is not necessary and means of compliance by demonstrating means. wastes fuel. Boeing suggested that the an equivalent level of safety. However, The FAA finds the suggestion to proposed rule be revised to specify the commenters thought the process of consider only the ice accretions when an IPS that operated continuously obtaining an equivalent level of safety associated with probable failures can be deactivated. finding would discourage the use of this unacceptable. Compliance with Based on Boeing’s comment, it alternative and believed there was a § 25.1309 determines the failures that appears the intent of § 25.1419(g) may fundamental conceptual difference must be considered, and this rule be unclear. Proposed § 25.1419(g) between the ice detection and should not predetermine that only provided three options to minimize the aerodynamic monitoring, making it probable failures need be considered. flightcrew workload associated with Regarding the suggestion to specify the airframe IPS operation. One option 9 Aerodynamic performance monitoring systems directly measure the degradation of airfoil acceptable means of showing (§ 25.1419(g)(1)) is an airframe IPS that performance caused by the roughness and profile compliance, the FAA finds it is not operates continuously. Section changes induced by the contamination of the airfoil. necessary because § 25.1419(a) and (b) 25.1419(g)(1) has been revised to clarify

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that the airframe IPS must be designed for activation of the IPS which does not the responsibility of the airframe to operate continuously, not to require allow activation of deicing boots based manufacturer to design an airplane that continuous operation of an airframe IPS. on the flightcrew determining that a meets the Federal Aviation Regulations We also clarified that procedures for specified thickness of ice has icing regulations. operation of the IPS as specified in accumulated. E. Economic Analysis § 25.1419(h) include both activation and The NTSB, Air Crash Victims deactivation procedures. In addition, we Families Group, and one other An individual commenter stated that revised § 25.1419(g)(1) to say that the commenter requested the proposed rule the Goodrich Corporation cost estimates IPS must be designed to operate be expanded to include existing identified in the NPRM appear to be continuously. airplanes equipped with pneumatic realistic, but the non-recurring costs For future certification programs (as deicing boots and reference the NTSB could be reduced by a system that uses with past certification programs), it is safety recommendations A–98–91, A– a detector that is different than the incumbent upon the manufacturer to 98–100, A–07–14, and A–07–16 (which assumed ice detector. The commenter propose and substantiate when it is recommend icing related actions the suggested using a ‘‘universal’’ sensor or acceptable to deactivate the IPS. The FAA should take for existing airplanes). detector that is independent of the only difference from past certifications We disagree. The NPRM did not airplane type and installation location; will be that the activation requirements address this issue, and revising this like a pressure sensor, a temperature of § 25.1419(e) must be considered. final rule to include retrofit sensor, a humidity sensor, or a system requirements for existing airplanes that consists of sensors that are D. Other Comments would delay its issuance, which is not universal.10 1. Clarify the Rule Is Applicable to in the interest of safety. However, the The commenter provided cost Airframe IPS FAA may consider additional estimates that are less than the ice rulemaking to address activation of the detector certification estimates used in BAE Systems Regional Aircraft IPS on part 121 airplanes at a later date. our economic assessment. However, requested that § 25.1419(f) and (g) be The NTSB also believed the proposed even with the more costly estimates, the modified to indicate the ‘‘airframe’’ IPS rule should prohibit crews from FAA concluded the economic impact of are being referenced. operating the airplane when certain The FAA agrees that §§ 25.1419(f) and the rulemaking is minimal. Since functions of the IPS are inoperable, and decreasing the cost estimates would not (g) should be clarified by adding the should prohibit flight into known icing word ‘‘airframe.’’ Therefore, in affect this conclusion, the FAA has conditions if certain functions of the IPS determined it is not necessary to revise § 25.1419(f), we revised the introductory are inoperable. language to reference the airframe IPS the costs in our economic assessment. The FAA maintains that if certain The FAA requested comments from (‘‘Unless the applicant shows that the equipment is inoperable, transport airframe ice protection system * * *). U.S. manufacturers on their plans to category airplanes should be prohibited produce a new part 25 certificated In § 25.1419(g), we made a similar from flight in forecasted icing revision to the introductory language aircraft with deicing systems that conditions in addition to prohibiting operate cyclically and the associated (‘‘After the initial activation of the flight in known icing conditions (as airframe ice protection system * * *). certification costs. Bombardier and suggested by the NTSB). However, we Transport Canada referenced this FAA 2. Expand Rule To Include Certain do not concur with incorporating such request, but did not provide any data. Existing Airplanes and Prohibitions a requirement into a certification rule. Bombardier believes the FAA’s With IPS Inoperable The FAA utilizes the Master Minimum economic analysis, which noted the Equipment List (MMEL) to evaluate The NTSB requested a revision to trend of part 25 manufacturers to install whether an airplane may be operated thermal anti-ice protection systems in address its perceived ongoing with a particular piece of equipment disconnect between the industry’s newly certificated part 25 airplanes, inoperative. Each airplane is unique and implied that the FAA considered guidance on deicing boot activation and the MMEL is the best way to determine what the FAA has learned and research ‘‘cyclical’’ deicing systems to be the impact of an inoperable piece of anachronistic. Bombardier indicated has shown regarding ice bridging and equipment. deice boot effectiveness. The NTSB that technology in development may noted the Cessna 208 Caravan AFM 3. Revise Rule To Encourage Specific reintroduce cyclical deicing systems. 1 3 Transport Canada indicated that if instructs crews to wait for ⁄4 to ⁄4 inch Airfoil Designs of ice to accrete before activating the The Regional Airline Association cyclical deicing systems are being pneumatic deicing boots. noted that several aircraft types over considered for the future, then the FAA The FAA finds that for the new part many years have been operated safely trend noted in the NPRM would not be 25 airplane and for existing part 25 without any incidents or accidents correct. airplanes that are modified in the future attributed to icing. The commenter While technology development may with significant airframe IPS design requested the proposed rule be rewritten result in the reintroduction of cyclical changes, this rule precludes the to encourage airfoil design as the best deicing systems in the future, the FAA potential for perpetuating the belief that means to address safety concerns due to is unaware of any actual plans to flightcrews should wait for a specific operations in icing conditions. produce a new part 25 certificated amount of ice to accumulate before Although the FAA does not write aircraft with deicing systems that activating the deicing boots. The final regulations to ‘‘encourage’’ specific operate cyclically and the associated rule requires activation of the airframe airfoil designs, we do establish the certification costs. Without such IPS based on ice detectors or icing performance and handling requirements information, we believe the economic conditions and requires procedures for an airplane must meet to substantiate assessment stating that the trend for operating the IPS in the AFM. that the airplane can operate safely in 10 The commenter estimated the non-recurring Therefore, for new part 25 airplanes, the icing conditions. These safety costs could be: Architecture/integration $7,500, industry guidance in the AFM will requirements (to a certain extent) drive qualification testing $10,000, system certification reflect the FAA regulatory requirements the design of the airfoil. However, it is $50,000, and installation design $5,000.

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new part 25 aircraft certifications is CFR) part 25, and we have determined A. Cost Discussion toward thermal anti-ice ice protection the final rule has minimal costs. This 1. Major Assumptions systems is accurate. final rule is the result of information gathered from a review of historical This evaluation makes the following Paperwork Reduction Act icing accidents and incidents. It is assumptions: The Paperwork Reduction Act of 1995 intended to improve the level of safety • We used a $50 hourly rate for a (44 U.S.C. 3507(d)) requires that the when part 25 airplanes are operated in mechanic/technician and a $75 hourly FAA consider the impact of paperwork icing conditions. rate for an engineer working for an and other information collection Amendment 25–121 revised § 25.207 airplane manufacturer or modifier. burdens imposed on the public. We to add requirements for considering the • Whenever various compliance have determined that there is no current effects of icing on stall warning. At the options are available to the or new requirement for information time we issued Amendment 25–121, it manufacturers, we chose the least costly collection associated with this was permissible for type certificate option in our analysis. amendment. applicants to instruct pilots to wait for Other data and derived assumptions International Compatibility a specified amount of ice accretion to are discussed in the following sections In keeping with U.S. obligations accumulate before activating the ice on costs and benefits. under the Convention on International protection system (IPS). Section 2. Estimate of Costs Civil Aviation, it is FAA policy to 25.207(h)(1), as adopted in Amendment This section discusses the costs of a comply with International Civil 25–121, addressed this scenario by new requirement for transport category Aviation Organization (ICAO) Standards requiring flight testing with the airplane manufacturers to include a and Recommended Practices to the specified amount of ice accretion to method of ice detection on newly maximum extent practicable. The FAA show the airplane could be operated certificated airplanes. The cost estimate has determined that there are no ICAO safely until the IPS is functioning. This included below is not an estimate per Standards and Recommended Practices rule will prohibit use of this method for manufacturer, rather an estimate per that correspond to these regulations. activating the IPS. Therefore, there is no longer any need to have the existing new part 25 airplane certification. III. Regulatory Evaluation, Regulatory provision § 25.207(h)(1) that provides This final rule will require Flexibility Determination, International stall warning margin requirements for manufacturers of part 25 airplanes to Trade Impact Assessment, and this method, and we are removing those provide the flightcrew with an effective Unfunded Mandates Assessment provisions from § 25.207. This is a method of ice detection. Such a method Changes to Federal regulations must conforming change, and does not add can provide a means, using an ice undergo several economic analyses. any new requirements or costs. In detection system (IDS), to alert the First, Executive Order 12866 directs that addition, § 25.207 has been revised to flightcrew of icing conditions and each Federal agency shall propose or improve its readability and to correct an enable timely activation of the airframe adopt a regulation only upon a reasoned error introduced by Amendment 25– IPS for the initial and any subsequent determination that the benefits of the 121, but none of these revisions affect cycles. intended regulation justify its costs. the substantive requirements. The requirements for ice detection Second, the Regulatory Flexibility Act This final rule requires newly and activation of the airframe IPS are of 1980 (Pub. L. 96–354) requires certificated part 25 transport category applicable to all phases of flight, unless agencies to analyze the economic airplanes certificated for flight in icing it can be shown that the airframe IPS impact of regulatory changes on small conditions to have one of the following need not be operated during specific entities. Third, the Trade Agreements methods to detect ice and activate the phases of flight. If the airframe IPS Act (Pub. L. 96–39) prohibits agencies airframe IPS: operates in a cyclical manner, it must either include a system that from setting standards that create • A primary ice detection system, automatically cycles the airframe IPS, or unnecessary obstacles to the foreign automatic or manual; commerce of the United States. In there must be a method that alerts the • The definition of visual cues for developing U.S. standards, this Trade flightcrew each time the airframe ice recognition of ice accretion on a Act requires agencies to consider protection system must be cycled. This specified surface combined with an international standards and, where final rule requires: advisory ice detection system that alerts appropriate, that they be the basis of • (e)(1) A primary IDS that the flightcrew; or U.S. standards. Fourth, the Unfunded automatically activates or alerts the • Mandates Reform Act of 1995 (Pub. L. The identification of icing flightcrew to activate the airframe IPS; 104–4) requires agencies to prepare a conditions by an appropriate static or • (e)(2) A definition of visual cues for written assessment of the costs, benefits, total air temperature and visible recognition of the first sign of ice and other effects of proposed or final moisture cues. accretion on a specified surface rules that include a Federal mandate The FAA did not receive comments combined with an advisory IDS that likely to result in the expenditure by causing us to change our NPRM alerts the flightcrew to activate the State, local, or Tribal governments, in determination that the expected costs airframe IPS; or the aggregate, or by the private sector, of are minimal. Bombardier indicated • (e)(3) Identification of conditions $100 million or more annually (adjusted future technology may reintroduce conducive to airframe icing as defined for inflation with base year of 1995). cyclical deicing systems. Since 1971, no by an appropriate static or total air This portion of the preamble U.S. manufacturer has certificated temperature and visible moisture for use summarizes the FAA’s analysis of the cyclical deicing systems. Also, recent by the flightcrew to activate the airframe economic impacts of this final rule. part 23 Very Light Jet (VLJ) certification IPS. An assessment has been conducted of programs have automatic cyclical Any of the three ice detection the economic cost impact of the final deicing systems. We do not anticipate methods will enable timely activation of rule amending § 25.1419 of Title 14 of manufacturers to certificate manually- the airframe IPS and satisfy the the Code of Federal Regulations (14 cycled deicing systems. requirements of this final rule.

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The first method of ice detection is Working Group provided us with installation, or $14,500 ($12,000 + the use of a primary IDS. A primary IDS manufacturer cost estimates for System $2,500) per airplane. Table 1 shows a usually has two ice detectors. The cost Design, System Qualification, Hardware, detailed breakout of these cost of an ice detector used in this analysis Installation, and Maintenance. estimates. is based on the Goodrich Corporation’s Assuming the primary IDS has two ice One commenter to the NPRM, average price of $6,000 per ice detector detectors, we estimate the average cost regarding Goodrich costs, stated there for a production airplane. The Aviation for a primary IDS to be about $485,000 was a cheaper alternative system than Rulemaking Advisory Committee per certification, $12,000 ($6,000 × 2) the Goodrich system. The FAA notes a (ARAC) Ice Protection Harmonization for the hardware and $2,500 for the lower cost alternative is feasible.

TABLE 1—COSTS FOR § 25.1419(E)(1)—PRIMARY ICE DETECTION SYSTEM

Additional Manufacturer non-recurring costs (per aircraft group/type) 2006$ Hours Hourly rate cost Cost

System Design: System architecture/Integration ...... 3,000 $75 ...... $225,000 Ice detector positioning ...... 300 75 ...... 22,500 Procedures for AFM, AOM/FCOM & MMEL ...... 200 75 ...... 15,000 System Qualification/certification: Ice detector qualification ...... 300 75 ...... 22,500 Ice detection system certification ...... 600 75 ...... 45,000 Flight tests ...... 400 75 100,000 130,000 Installation Design: Installation drawings ...... 500 50 ...... 25,000

Total ...... 5,300 ...... 485,000

Costs (per airplane): Hardware (Primary Ice Detection System) ...... 12,000 12,000 Installation ...... 50 50 ...... 2,500 Additional weight is 5–10 kg ...... 0

Total ...... 14,500

The second method of ice detection is IPS should be activated and has two ice hardware and $1,250 for the the use of an advisory IDS along with detectors. In contrast, an advisory IDS is installation, or $7,250 ($6,000 + $1,250) visual cues. The major difference a backup to the flightcrew and has only per airplane. Table 2 shows a detailed between a primary and an advisory IDS one ice detector. The average cost for an breakout of these costs estimates. is that the primary is the principal advisory IDS is estimated to be $447,500 means to determine when the airframe per certification, $6,000 for the

TABLE 2—COSTS FOR § 25.1419(E)(2)—ADVISORY ICE DETECTION SYSTEM AND VISUAL CUES

Additional Manufacturer non-recurring costs (per aircraft group/type) 2006$ Hours Hourly rate cost Cost

System Design: System architecture/Integration ...... 2,500 $75 ...... $187,500 Ice detector positioning ...... 200 75 ...... 15,000 Visual cue determination/design ...... 200 75 ...... 15,000 Procedures for AFM, AOM/FCOM & MMEL ...... 200 75 ...... 15,000 System Qualification/certification: Ice detection qualification ...... 300 75 ...... 22,500 Visual cue substantiation ...... 200 75 ...... 15,000 Ice detection system certification ...... 300 75 ...... 22,500 Flight tests ...... 400 75 $100,000 130,000 Installation Design: Installation drawings ...... 500 50 ...... 25,000

Total ...... 4,800 ...... 447,500

Costs (per airplane): Hardware (Advisory Ice Detection System) ...... 6,000 6,000 Installation ...... 25 50 ...... 1,250 Additional weight is 5–10 kg ...... 0

Total ...... 7,250

The third method of ice detection is airframe icing that will be used by the This definition will be included in the a definition of conditions conducive to flightcrew to activate the airframe IPS. Airplane Flight Manual. There are no

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costs imposed on the airplane shows a summary of the costs for each manufacturers with this option. Table 3 alternative.

TABLE 3—COST SUMMARY—§ 25.1419(E)

Costs Per certification Per airplane

§ 25.1419 Alternatives: (e)(1) Primary IDS ...... $485,000 $14,500 (e)(2) Advisory IDS and Visual Cues ...... 447,500 7,250 (e)(3) Temperature and Moisture ...... 0 0

The least cost alternative is to activate once a thermal anti-IPS is activated, it We received no comments from U.S. the airframe IPS whenever the airplane is capable of operating continuously. manufacturers on their plans to produce is operating in conditions conducive to The cost estimates for each option do a newly part 25 certificated aircraft with airframe icing based on a specific air not include primary and advisory ice deicing systems that operate cyclically temperature threshold and the presence detection system maintenance, which and the associated certification costs; of visible moisture. Since there are no would make the costs for these therefore, we believe § 25.1419(g) will additional certification or production alternatives higher. The FAA has add no additional costs. costs to manufacturers by complying determined that the trend for new part § 25.1419(h) with § 25.1419(e)(3) through this 25 aircraft certification is toward anti- alternative, we have determined there ice protection systems so the Future Airplane Flight Manuals can are no costs associated with compliance maintenance costs associated with be readily prepared to include with § 25.1419(e). deicing ice protection systems are not appropriate icing procedures for future We are aware some manufacturers considered. The cost estimates for certificated air transport category may choose to install more complex § 25.1419(g)(1) do not include the airplanes. Thus, minimal costs are systems ((e)(1) or (e)(2)), and want to associated maintenance costs for anti- associated with § 25.1419(h). ice protection systems as operators are note these more complex systems are B. Benefits acceptable alternatives to (e)(3). already incurring these costs. Sections 25.1419(g)(2) and (3) apply The FAA is adopting this final rule § 25.1419(f) to an airframe IPS that operates in a because accidents and incidents Section 25.1419(f) describes the cyclical manner. Past delivery history occurred where the flightcrew did not applicability of the final rule to all has shown that about 97% of U.S. operate the airframe IPS in a timely phases of flight, so there are no manufactured part 25 airplanes manner and because of concerns over additional costs associated with this delivered have thermal anti-icing IPS the flightcrew workload required to section. and 3% have deicing IPSs that operate operate an airframe IPS that the in a cyclical manner. Cessna is the only flightcrew must manually cycle. The § 25.1419(g) U.S. manufacturer that currently final rule addresses these concerns by After the initial operation of the delivers part 25 certificated airplanes ensuring that flightcrews are provided airframe IPS, § 25.1419(g) provides with an IPS that operates in a cyclical with a clear means to know when to alternatives the manufacturer must manner. Those airplanes were activate the airframe IPS and by 11 provide to the operator for safe flight. certificated in September 1971. Newer reducing the workload associated with These alternatives are: variants of airplanes from that an airframe IPS that operates cyclically. • The IPS must be designed to September 1971 type certificate and all The safety benefit of this final rule is operate continuously (§ 25.1419(g)(1)), newer part 25 new Cessna certifications that it will improve the level of safety or have thermal anti-icing IPS that operate of new airplane designs for operations continuously. We believe the trend for • The airplane must be equipped in icing conditions. new part 25 aircraft certifications is with a system that automatically cycles toward a thermal anti-icing IPS that C. Conclusions the IPS (§ 25.1419(g)(2)), or The FAA has determined that this • operates continuously. Because of the An IDS must be provided to alert trend of part 25 manufacturers to install final rule has benefits that justify its the flightcrew each time the IPS must be thermal anti-icing IPS in their newly minimal costs. However, the Office of cycled (§ 25.1419(g)(3)). certificated part 25 airplanes, we believe Management and Budget has Section 25.1419(g) applies to there are no costs imposed on the determined that this final rule is a airplanes with either a thermal anti- airplane manufacturers by § 25.1419(g). ‘‘significant regulatory action,’’ because icing IPS or an IPS that operates in a Bombardier indicated future it harmonizes U.S. aviation standards cyclical manner. Thermal anti-icing technology may reintroduce cyclical with those of other civil aviation systems typically operate continuously deicing systems. No U.S. manufacturer authorities. while deicing systems usually operate has certificated cyclical deicing systems Regulatory Flexibility Determination cyclically. since 1971. Since recent part 23 Very Section 25.1419(g)(1) applies Light Jet (VLJ) certification programs The Regulatory Flexibility Act of 1980 primarily to a thermal anti-icing IPS, have automatic cyclical deicing systems, (Pub. L. 96–354) (RFA) establishes ‘‘as a which typically uses heat to keep we do not anticipate airplane principle of regulatory issuance that protected surfaces of the airplane free of manufacturers to certificate manually- agencies shall endeavor, consistent with ice accretions. cycled deicing systems. the objectives of the rule and of No additional manufacturing costs are applicable statutes, to fit regulatory and associated with § 25.1419(g)(1) because, 11 Type Certification Data Sheet No. A22CE. informational requirements to the scale

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of the businesses, organizations, and of any Federal mandate in a proposed or Distribution, or Use (May 18, 2001). We governmental jurisdictions subject to final agency rule that may result in an have determined that it is not a regulation. To achieve this principle, expenditure of $100 million or more (in ‘‘significant energy action’’ under the agencies are required to solicit and 1995 dollars) in any one year by State, executive order because while it is a consider flexible regulatory proposals local, and Tribal governments, in the ‘‘significant regulatory action,’’ it is not and to explain the rationale for their aggregate, or by the private sector; such likely to have a significant adverse effect actions to assure that such proposals are a mandate is deemed to be a ‘‘significant on the supply, distribution, or use of given serious consideration.’’ The RFA regulatory action.’’ The FAA currently energy. covers a wide-range of small entities, uses an inflation-adjusted value of Availability of Rulemaking Documents including small businesses, not-for- $136.1 million in lieu of $100 million. profit organizations, and small This final rule does not contain such a You can get an electronic copy of governmental jurisdictions. mandate; therefore, the requirements of rulemaking documents using the Agencies must perform a review to title II of the Act do not apply. Internet by— determine whether a rule will have a 1. Searching the Federal eRulemaking significant economic impact on a Executive Order 13132, Federalism Portal (http://www.regulations.gov); substantial number of small entities. If The FAA has analyzed this final rule 2. Visiting the FAA’s Regulations and the agency determines that it will, the under the principles and criteria of Policies Web page at http:// agency must prepare a regulatory Executive Order 13132, Federalism. We www.faa.gov/regulations_policies/; or flexibility analysis as described in the determined that this action will not 3. Accessing the Government Printing RFA. have a substantial direct effect on the Office’s Web page at http:// However, if an agency determines that States, or the relationship between the www.gpoaccess.gov/fr/index.html. a rule is not expected to have a Federal Government and the States, or You can also get a copy by sending a significant economic impact on a on the distribution of power and request to the Federal Aviation substantial number of small entities, responsibilities among the various Administration, Office of Rulemaking, section 605(b) of the RFA provides that levels of government, and, therefore, ARM–1, 800 Independence Avenue, the head of the agency may so certify does not have federalism implications. SW., Washington, DC 20591, or by and a regulatory flexibility analysis is calling (202) 267–9680. Make sure to not required. The certification must Regulations Affecting Intrastate Aviation in Alaska identify the amendment number or include a statement providing the docket number of this rulemaking. factual basis for this determination, and Section 1205 of the FAA Anyone is able to search the the reasoning should be clear. Reauthorization Act of 1996 (110 Stat. electronic form of all comments As we stated in the NPRM, all United 3213) requires the FAA, when received into any of our dockets by the States transport category aircraft modifying its regulations in a manner name of the individual submitting the manufacturers exceed the Small affecting intrastate aviation in Alaska, to comment (or signing the comment, if Business Administration small-entity consider the extent to which Alaska is submitted on behalf of an association, criteria of 1,500 employees. We received not served by transportation modes business, labor union, etc.). You may no public comments disputing this other than aviation, and to establish review DOT’s complete Privacy Act determination. Therefore, as the FAA appropriate regulatory distinctions. In statement in the Federal Register Administrator, I certify that this rule the NPRM, we requested comments on published on April 11, 2000 (Volume will not have a significant economic whether the proposed rule should apply 65, Number 70; Pages 19477–78) or you impact on a substantial number of small differently to intrastate operations in may visit http://DocketsInfo.dot.gov. entities. Alaska. We did not receive any comments, and we have determined, Small Business Regulatory Enforcement International Trade Impact Assessment based on the administrative record of Fairness Act The Trade Agreements Act of 1979 this rulemaking, that there is no need to The Small Business Regulatory (Pub. L. 96–39) prohibits Federal make any regulatory distinctions Enforcement Fairness Act (SBREFA) of agencies from establishing any applicable to intrastate aviation in 1996 requires FAA to comply with standards or engaging in related Alaska. small entity requests for information or activities that create unnecessary Environmental Analysis advice about compliance with statutes obstacles to the foreign commerce of the and regulations within its jurisdiction. If United States. Legitimate domestic FAA Order 1050.1E identifies FAA you are a small entity and you have a objectives, such as safety, are not actions that are categorically excluded question regarding this document, you considered unnecessary obstacles. The from preparation of an environmental may contact your local FAA official, or statute also requires consideration of assessment or environmental impact the person listed under the FOR FURTHER international standards and, where statement under the National INFORMATION CONTACT heading at the appropriate, that they be the basis for Environmental Policy Act in the beginning of the preamble. You can find U.S. standards. The FAA has assessed absence of extraordinary circumstances. out more about SBREFA on the Internet the potential effect of this final rule and The FAA has determined this at http://www.faa.gov/ has no basis for believing the rule will rulemaking action qualifies for the regulations_policies/rulemaking/ impose substantially different costs on categorical exclusion identified in sbre_act/. domestic and international entities. paragraph 4(j) and involves no Thus the FAA believes the rule has a extraordinary circumstances. Appendix 1—Definition of Terms Used neutral trade impact. in This Preamble Regulations That Significantly Affect Unfunded Mandates Assessment Energy Supply, Distribution, or Use For the preamble of this rulemaking, the following definitions are applicable. These Title II of the Unfunded Mandates The FAA has analyzed this final rule definitions of terms are for use only with this Reform Act of 1995 (Pub. L. 104–4) under Executive Order 13211, Actions rulemaking’s preamble: requires each Federal agency to prepare Concerning Regulations that a. Advisory ice detection system: An a written statement assessing the effects Significantly Affect Energy Supply, advisory ice detection system annunciates

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the presence of icing conditions or ice List of Subjects in 14 CFR Part 25 accretion defined in appendix C, part accretion. The advisory ice detection system Aircraft, Aviation safety, Reporting II(e) of this part, the stall warning provides information advising the flightcrew margin in straight and turning flight of the presence of ice accretion or icing and recordkeeping requirements, Safety, Transportation. must be sufficient to allow the pilot to conditions. An advisory ice detection system prevent stalling without encountering differs from a primary ice detection system The Amendment in that it usually consists of a single ice any adverse flight characteristics when: detector without redundancies that provide ■ In consideration of the foregoing, the (1) The speed is reduced at rates not sufficient reliability to comply with Federal Aviation Administration exceeding one knot per second; § 25.1309. Therefore, it can only be used in amends Part 25 of Title 14, Code of (2) The pilot performs the recovery conjunction with other means (most Federal Regulations as follows: maneuver in the same way as for flight commonly, visual observation by the in non-icing conditions; and flightcrew) to determine the need for, or PART 25—AIRWORTHINESS (3) The recovery maneuver is started timing of, activating the anti-icing or deicing STANDARDS, TRANSPORT no earlier than: system. The flightcrew is responsible for (i) One second after the onset of stall monitoring the icing conditions or ice CATEGORY AIRPLANES accretion as defined in the AFM (typically warning if stall warning is provided by ■ 1. The authority citation for part 25 the same means as for flight in non-icing using total air temperature and visible continues to read as follows: moisture criteria or visible ice accretion) and conditions; or activating the anti-icing or deicing system(s). Authority: 49 U.S.C. 106(g), 40113, 44701, (ii) Three seconds after the onset of b. Airframe icing: Airframe icing is ice 44702, and 44704. stall warning if stall warning is accretions on the airplane, except for the ■ 2. Amend § 25.143 by revising provided by a different means than for propulsion system. paragraph (j) to read as follows: flight in non-icing conditions. c. Anti-icing: Anti-icing is the prevention (i) In showing compliance with of ice accretions on a protected surface, § 25.143 General. paragraph (h) of this section, if stall either: warning is provided by a different • By evaporating the impinging water; or * * * * * • By allowing it to run back and off the (j) For flight in icing conditions before means in icing conditions than for non- protected surface or freeze on non-critical the ice protection system has been icing conditions, compliance with areas. activated and is performing its intended § 25.203 must be shown using the d. Automatic cycling mode: An automatic function, it must be demonstrated in accretion defined in appendix C, part cycling mode is a mode of operation of the flight with the ice accretion defined in II(e) of this part. Compliance with this airframe deicing system that provides appendix C, part II(e) of this part that: requirement must be shown using the repetitive cycles of the system without the (1) The airplane is controllable in a demonstration prescribed by § 25.201, need for the pilot to select each cycle. This pull-up maneuver up to 1.5 g load except that the deceleration rates of is generally done with a timer, and there may factor; and § 25.201(c)(2) need not be demonstrated. be more than one timing mode. (2) There is no pitch control force e. Deicing: Deicing is the removal or the ■ 4. Amend § 25.1419 by adding new process of removal of an ice accretion after reversal during a pushover maneuver paragraphs (e), (f), (g), and (h) to read as it has formed on a surface. down to 0.5 g load factor. follows: f. Ice Protection System: An ice protection ■ 3. Amend § 25.207 by revising system (IPS) is a system that protects certain paragraphs (b) and (h), and adding a § 25.1419 Ice protection. critical aircraft parts from ice accretion. To be new paragraph (i) to read as follows: * * * * * an approved system, it must satisfy the (e) One of the following methods of requirements of § 25.1419. § 25.207 Stall warning. icing detection and activation of the g. Primary ice detection system: A primary * * * * * airframe ice protection system must be ice detection system is used to determine (b) The warning must be furnished provided: when the IPS must be activated. A primary either through the inherent aerodynamic (1) A primary ice detection system ice detection system is a system with qualities of the airplane or by a device redundancies that provide sufficient that automatically activates or alerts the reliability to comply with § 25.1309 so the that will give clearly distinguishable flightcrew to activate the airframe ice flight crew does not need to visually monitor indications under expected conditions protection system; the icing accretions that may be building on of flight. However, a visual stall warning (2) A definition of visual cues for the airplane. The system annunciates the device that requires the attention of the recognition of the first sign of ice presence of ice accretion or icing conditions, crew within the cockpit is not accretion on a specified surface and may also provide information to other acceptable by itself. If a warning device combined with an advisory ice aircraft systems. A primary automatic system is used, it must provide a warning in detection system that alerts the automatically activates the anti-icing or each of the airplane configurations flightcrew to activate the airframe ice deicing IPS. With a primary manual system, prescribed in paragraph (a) of this protection system; or the flightcrew activates the anti-icing or section at the speed prescribed in deicing IPS upon indication from the primary (3) Identification of conditions ice detection system. paragraphs (c) and (d) of this section. conducive to airframe icing as defined h. Static air temperature: The air Except for showing compliance with the by an appropriate static or total air temperature as would be measured by a stall warning margin prescribed in temperature and visible moisture for use temperature sensor not in motion with paragraph (h)(3)(ii) of this section, stall by the flightcrew to activate the airframe respect to that air. This temperature is also warning for flight in icing conditions ice protection system. referred to in other documents as ‘‘outside air must be provided by the same means as (f) Unless the applicant shows that the temperature,’’ ‘‘true outside temperature,’’ or stall warning for flight in non-icing airframe ice protection system need not ‘‘ambient temperature.’’ conditions. be operated during specific phases of i. Total air temperature: The temperature of a parcel of air brought to rest relative to * * * * * flight, the requirements of paragraph (e) the aircraft resulting from adiabatic (h) For flight in icing conditions of this section are applicable to all compression of the parcel. This temperature before the ice protection system has phases of flight. is also referred to in other documents as been activated and is performing its (g) After the initial activation of the ‘‘stagnation temperature.’’ intended function, with the ice airframe ice protection system—

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(1) The ice protection system must be Transport Canada, the aviation authority prevent the vertical fin from becoming designed to operate continuously; of Canada, with which we have a loose and causing vibration, which (2) The airplane must be equipped bilateral agreement, states that it has could lead to subsequent loss of control with a system that automatically cycles been determined that the existing of the helicopter. You may obtain the ice protection system; or hardware connecting the vertical fin to further information by examining the (3) An ice detection system must be the tail rotor gearbox needs to be MCAI and any related service provided to alert the flightcrew each upgraded to prevent the vertical fin information in the AD docket. time the ice protection system must be from becoming loose. Comments cycled. BHTC has received reports of loose (h) Procedures for operation of the ice vertical fins discovered during By publishing the NPRM, we gave the protection system, including activation inspections. Investigation revealed that public an opportunity to participate in and deactivation, must be established the current vertical fin attachment developing this AD. However, we and documented in the Airplane Flight hardware may not provide adequate received no comment on the NPRM or Manual. clamp-up. If not corrected, the vertical on our determination of the cost to the ■ 5. Amend appendix C to part 25 by fin could become loose and cause public. Therefore, based on our review revising part II (e) to read as follows: vibration, which could lead to and evaluation of the available data, we have determined that air safety and the Appendix C to Part 25 subsequent loss of control of the helicopter. This AD requires actions that public interest require adopting the AD * * * * * are intended to address this unsafe as proposed. Part II—Airframe Ice Accretions for Showing condition. Relevant Service Information Compliance With Subpart B DATES: This AD becomes effective on Bell Helicopter Textron has issued * * * * * September 8, 2009. Alert Service Bulletin No. 427–06–15, (e) The ice accretion before the ice ADDRESSES: You may examine the AD dated December 14, 2006. The actions protection system has been activated and is docket on the Internet at http:// performing its intended function is the described in the MCAI are intended to critical ice accretion formed on the regulations.gov or in person at the correct the same unsafe condition as unprotected and normally protected surfaces Docket Operations office, U.S. that identified in the service before activation and effective operation of Department of Transportation, M–30, information. the ice protection system in continuous West Building Ground Floor, Room maximum atmospheric icing conditions. This W12–140, 1200 New Jersey Avenue, SE., Differences Between This AD and the ice accretion only applies in showing Washington, DC between 9 a.m. and 5 MCAI AD compliance to §§ 25.143(j) and 25.207(h), and p.m. Monday through Friday, except We have reviewed the MCAI AD and 25.207(i). Federal holidays. related service information and, in Issued in Washington, DC, on July 17, You may get the service information general, agree with their substance. This 2009. identified in this AD from Bell AD differs from the MCAI AD as Lynne A. Osmus, Helicopter Textron Canada Limited, follows: Acting Administrator. 12,800 Rue de l’Avenir, Mirabel, Quebec • We do not require compliance ‘‘no [FR Doc. E9–18483 Filed 7–31–09; 8:45 am] J7J1R4, telephone (450) 437–2862 or later than November 27, 2007’’, because BILLING CODE 4910–13–P (800) 363–8023, fax (450) 433–0272, or that date has passed. at http://www.bellcustomer.com/files/. • We refer to the compliance time as Examining the AD Docket: The AD ‘‘hours time-in-service’’ rather than ‘‘air DEPARTMENT OF TRANSPORTATION docket contains the Notice of proposed time hours.’’ rulemaking (NPRM), the economic These differences are highlighted in Federal Aviation Administration evaluation, any comments received, and the ‘‘Differences Between this AD and other information. The street address the MCAI AD’’ section in the AD. 14 CFR Part 39 and operating hours for the Docket Costs of Compliance [Docket No. FAA–2009–0227; Directorate Operations office (telephone (800) 647– Identifier 2007–SW–65–AD; Amendment 39– 5527) are in the ADDRESSES section of We estimate that this AD will affect 15978; AD 2009–15–15] this AD. Comments will be available in about 17 products of U.S. registry. We the AD docket shortly after they are also estimate that it will take about 2 RIN 2120–AA64 received. work-hours per helicopter to remove and visually inspect the vertical fin and Airworthiness Directives; Bell FOR FURTHER INFORMATION CONTACT: the tail rotor gearbox attachment legs Helicopter Textron Canada Model 427 Sharon Miles, Aviation Safety Engineer, and to re-install the vertical fin. The Helicopters FAA, Rotorcraft Directorate, Regulations average labor rate is $80 per work-hour. and Guidance Group, 2601 Meacham AGENCY: Federal Aviation Required parts will cost about $227 per Blvd., Fort Worth, Texas 76137, Administration (FAA), Department of helicopter. Based on these figures, we telephone (817) 222–5122, fax (817) Transportation (DOT). estimate the cost of this AD on U.S. 222–5961. ACTION: Final rule. operators to be $6,579 for the fleet, or SUPPLEMENTARY INFORMATION: $387 per helicopter, to perform the SUMMARY: We are adopting a new inspections and remove and re-install Discussion airworthiness directive (AD) for Bell the vertical fin. Helicopter Textron Canada (BHTC) We issued an NPRM to amend 14 CFR Model 427 helicopters. This AD results part 39 to include an AD that would Authority for This Rulemaking from mandatory continuing apply to BHTC Model 427 helicopters Title 49 of the United States Code airworthiness information (MCAI) on March 4, 2009. That NPRM was specifies the FAA’s authority to issue originated by the aviation authority of published in the Federal Register on rules on aviation safety. Subtitle I, Canada to identify and correct an unsafe March 23, 2009 (74 FR 12098). That section 106, describes the authority of condition on an aviation product. NPRM proposed to require actions to the FAA Administrator. ‘‘Subtitle VII:

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Aviation Programs,’’ describes in more Effective Date September 14, 2007, and Bell Helicopter detail the scope of the Agency’s (a) This airworthiness directive (AD) Textron Alert Service Bulletin No. 427–06– authority. becomes effective on September 8, 2009. 15, dated December 14, 2006, contain related information. We are issuing this rulemaking under Other Affected ADs the authority described in ‘‘Subtitle VII, Subject (b) None. Part A, Subpart III, Section 44701: (k) Joint Aircraft System/Component General requirements.’’ Under that Applicability (JASC) Code: 5553, Vertical Stabilizer, Attach section, Congress charges the FAA with (c) This AD applies to Model 427 Fittings. promoting safe flight of civil aircraft in helicopters, serial numbers 56001 through Issued in Fort Worth, Texas, on July 14, air commerce by prescribing regulations 56057, 58001, and 58002, certificated in any 2009. category. for practices, methods, and procedures Judy I. Carl, the Administrator finds necessary for Reason Acting Manager, Rotorcraft Directorate, safety in air commerce. This regulation (d) Transport Canada states in the Aircraft Certification Service. is within the scope of that authority mandatory continuing airworthiness [FR Doc. E9–18431 Filed 7–31–09; 8:45 am] because it addresses an unsafe condition information (MCAI) that it has been BILLING CODE 4910–13–P that is likely to exist or develop on determined that the existing hardware product(s) identified in this rulemaking connecting the vertical fin to the tail rotor action. gearbox needs to be upgraded to prevent the vertical fin from becoming loose. BHTC has DEPARTMENT OF HEALTH AND Regulatory Findings received reports of loose vertical fins HUMAN SERVICES discovered during inspections. Investigation We determined that this AD will not revealed that the current vertical fin Food and Drug Administration have federalism implications under attachment hardware may not provide Executive Order 13132. This AD will adequate clamp-up. If not corrected, the 21 CFR Parts 510 and 524 not have a substantial direct effect on vertical fin could become loose and cause the States, on the relationship between vibration, which could lead to subsequent [Docket No. FDA–2009–N–0665] the national government and the States, loss of control of the helicopter. or on the distribution of power and New Animal Drugs; Nitrofurazone Actions and Compliance Ointment responsibilities among the various (e) Within the next 150 hours time-in- levels of government. service, unless already done, do the AGENCY: Food and Drug Administration, Therefore, I certify this AD: following: HHS. 1. Is not a ‘‘significant regulatory (1) Remove the vertical fin and visually ACTION: Final rule; technical inspect the inboard and outboard surfaces of action’’ under Executive Order 12866; amendment. 2. Is not a ‘‘significant rule’’ under the the vertical fin where it attaches to the tail rotor gearbox support for a crack, an DOT Regulatory Policies and Procedures SUMMARY: The Food and Drug elongated bolt hole, fretting, distortion and (44 FR 11034, February 26, 1979); and corrosion. Administration (FDA) is amending the 3. Will not have a significant (2) Visually inspect the tail rotor gearbox animal drug regulations to reflect economic impact, positive or negative, support attachment legs for a crack, fretting approval of an original abbreviated new on a substantial number of small entities and corrosion. animal drug application (ANADA) filed under the criteria of the Regulatory (f) If a crack, elongated bolt hole, fretting, by First Priority, Inc. The ANADA Flexibility Act. distortion or corrosion is detected, repair or provides for use of nitrofurazone We prepared an economic evaluation replace the part with an airworthy part before ointment on horses for prevention or further flight. treatment of superficial bacterial of the estimated costs to comply with (g) Reinstall the vertical fin. this AD and placed it in the AD docket. infections. Differences Between This AD and the MCAI List of Subjects in 14 CFR Part 39 AD DATES: This rule is effective August 3, 2009. Air transportation, Aircraft, Aviation (h) This AD differs from the MCAI AD as safety, Safety. follows: FOR FURTHER INFORMATION CONTACT: John (1) We do not require compliance ‘‘no later K. Harshman, Center for Veterinary Adoption of the Amendment than November 27, 2007’’, because that date Medicine (HFV–104), Food and Drug has passed. ■ Accordingly, under the authority Administration, 7500 Standish Pl., (2) We refer to the compliance time as Rockville, MD 20855, 240–276–8197, delegated to me by the Administrator, ‘‘hours time-in-service’’ rather than ‘‘air time the FAA amends 14 CFR part 39 as hours.’’ e-mail: [email protected]. follows: SUPPLEMENTARY INFORMATION: First Other Information Priority, Inc., 1585 Todd Farm Dr., PART 39—AIRWORTHINESS (i) Alternative Methods of Compliance Elgin, IL 60123, filed ANADA 200–425 DIRECTIVES (AMOCs): The Manager, Safety Management for use of Nitrofurazone Soluble Group, FAA, has the authority to approve Dressing in horses for prevention or ■ AMOCs for this AD, if requested using the 1. The authority citation for part 39 treatment of superficial bacterial continues to read as follows: procedures found in 14 CFR 39.19. Send information to ATTN: Sharon Miles, Aviation infections of wounds, burns, and Authority: 49 U.S.C. 106(g), 40113, 44701. Safety Engineer, FAA, Rotorcraft Directorate, cutaneous ulcers. First Priority, Inc.’s Regulations and Guidance Group, 2601 Nitrofurazone Soluble Dressing is § 39.13 [Amended] Meacham Blvd., Fort Worth, Texas 76137, approved as a generic copy of FURA– ■ 2. The FAA amends § 39.13 by adding telephone (817) 222–5122, fax (817) 222– ZONE (nitrofurazone) ointment, the following new AD: 5961. sponsored by Squire Laboratories, Inc., 2009–15–15 Bell Helicopter Textron Related Information under NADA 132–427. In addition, First Canada (BHTC): Amendment 39–15978; (j) Mandatory Continuing Airworthiness Priority, Inc., has informed FDA of a Docket No. FAA–2009–0227; Directorate Information (MCAI) Transport Canada change of address. The ANADA is Identifier 2007–SW–65–AD. Airworthiness Directive CF–2007–22, dated approved as of July 13, 2009, and

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§§ 510.600 and 524.1580b (21 CFR ’’058829’’, remove ‘‘1585 Todd Farm provided the transfer does not include 510.600 and 524.1580b) are amended to Dr.’’ and in its place add ‘‘1590 Todd any other countries. The ITAR is being reflect the approval. Farm Dr.’’. amended at numerous sections to reflect In addition, FDA has found that the these statutory changes and to update pioneer sponsor’s drug labeler code PART 524—OPHTHALMIC AND two provisions. TOPICAL DOSAGE FORM NEW (DLC) was inadvertently omitted from DATES: Effective Date: This rule is ANIMAL DRUGS § 524.1580b during format changes in effective August 3, 2009. 2005 (70 FR 50181; August 26, 2005). At ■ this time, § 524.1580b is amended to 3. The authority citation for 21 CFR FOR FURTHER INFORMATION CONTACT: include Squire Laboratories, Inc.’s DLC. part 524 continues to read as follows: Director Charles B. Shotwell, Office of Section 524.1580b is also amended to Authority: 21 U.S.C. 360b. Defense Trade Controls Policy, Department of State, Telephone (202) reflect current food safety warnings. ■ 4. In § 524.1580b, add paragraph (b)(3) 663–2792 or Fax (202) 261–8199; E-mail In accordance with the freedom of and revise paragraph (d)(3) to read as [email protected]. ATTN: information provisions of 21 CFR part follows: 20 and 21 CFR 514.11(e)(2)(ii), a Regulatory Change, South Korea. summary of safety and effectiveness § 524.1580b Nitrofurazone ointment. SUPPLEMENTARY INFORMATION: Section data and information submitted to * * * * * 203 of the Public Law 110–429 support approval of this application (b) * * * amended, inter alia, Sections may be seen in the Division of Dockets (3) See Nos. 017153 and 058829 for 3(d)(3)(A)(i), 36(c), and 36(d)(2)(A) of Management (HFA–305), Food and Drug use on horses. the Arms Export Control Act by Administration, 5630 Fishers Lane, rm. * * * * * inserting ‘‘Republic of Korea’’ before 1061, Rockville, MD 20852, between 9 (d) * * * ‘‘New Zealand.’’ This amendment added a.m. and 4 p.m., Monday through (3) Limitations. For use only on dogs, South Korea to the category of countries Friday. cats, and horses. Do not use in horses for which higher dollar thresholds apply FDA has determined under 21 CFR intended for human consumption. for mandatory certification to Congress 25.33(a)(1) that this action is of a type Federal law prohibits the use of this in advance of approving the export or that does not individually or product in food-producing animals. In transfer of defense articles and defense cumulatively have a significant effect on case of deep or puncture wounds or services. South Korea is now in the the human environment. Therefore, serious burns, use only as recommended same category as the countries in the neither an environmental assessment by veterinarian. If redness, irritation, or North Atlantic Treaty Organization nor an environmental impact statement swelling persists or increases, (NATO), Japan, Australia, and New is required. discontinue use; consult veterinarian. Zealand concerning certification to This rule does not meet the definition Dated: July 28, 2009. Congress, requiring such certification prior to granting any license for export of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Bernadette Dunham, it is a rule of ‘‘particular applicability.’’ of major defense equipment sold under Director, Center for Veterinary Medicine. Therefore, it is not subject to the a contract in the amount of $25,000,000 congressional review requirements in 5 [FR Doc. E9–18337 Filed 7–31–09; 8:45 am] or more, or for defense articles or U.S.C. 801–808. BILLING CODE 4160–01–S defense services sold under a contract in the amount of $100,000,000 or more, List of Subjects provided the transfer does not include 21 CFR Part 510 DEPARTMENT OF STATE any other countries. The ITAR is being amended at numerous sections, as Administrative practice and 22 CFR Parts 123, 124, 126, and 129 described below, to reflect these procedure, Animal drugs, Labeling, statutory changes and to update two Reporting and recordkeeping [Public Notice: 6716] provisions. requirements. Amendment to the International Traffic Section 123.9(e) of the ITAR is being 21 CFR Part 524 in Arms Regulations: Congressional amended to add ‘‘South Korea.’’ This Certification Regarding South Korea Animal drugs. section is also being amended to correct outdated information regarding the ■ Therefore, under the Federal Food, AGENCY: Department of State. dollar limits for sales without prior Drug, and Cosmetic Act and under ACTION: Final rule. written approval and to add New authority delegated to the Commissioner Zealand to the list of countries eligible of Food and Drugs and redelegated to SUMMARY: The Department of State is for certain reexports or retransfers the Center for Veterinary Medicine, 21 amending the International Traffic in without prior written approval. CFR parts 510 and 524 are amended as Arms Regulations (ITAR) regarding follows: Congressional certification for the Section 123.15 of the ITAR entitled Republic of Korea (also referred to as ‘‘Congressional certification pursuant to PART 510—NEW ANIMAL DRUGS South Korea). South Korea is now in the Section 36(c) of the Arms Export same category as the countries in the Control Act’’ is being amended to add ■ 1. The authority citation for 21 CFR North Atlantic Treaty Organization ‘‘South Korea’’ at sections 123.15(a)(1), part 510 continues to read as follows: (NATO), Japan, Australia, and New 123.15(a)(2), and 123.15(b). Authority: 21 U.S.C. 321, 331, 351, 352, Zealand concerning certification to Section 124.11 of the ITAR entitled 353, 360b, 371, 379e. Congress, requiring such certification ‘‘Congressional certification pursuant to prior to granting any license for export Section 36(d) of the Arms Export § 510.600 [Amended] of major defense equipment sold under Control Act’’ is being amended to add ■ 2. In § 510.600, in the table in a contract in the amount of $25,000,000 ‘‘South Korea’’ at section 124.11(b). paragraph (c)(1), in the entry for ‘‘First or more, or for defense articles or Section 126.8 of the ITAR entitled Priority, Inc.’’ and in the table in defense services sold under a contract in ‘‘Proposals to foreign persons relating to paragraph (c)(2), in the entry for the amount of $100,000,000 or more, significant military equipment’’ is being

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amended to add ‘‘South Korea’’ at Federal programs and activities do not ■ 3. Section 123.15 is amended by section 126.8(a)(ii). apply to this amendment. revising paragraphs (a)(1), (a)(2), and (b) to read as follows: Part 129 of the ITAR regarding Executive Order 12866 brokering activities is being amended at section 129.6(b)(2) to add ‘‘South This amendment is exempt from § 123.15 Congressional certification review under Executive Order 12866, pursuant to Section 36(c) of the Arms Korea’’ to the category of NATO, Japan, Export Control Act. Australia, and New Zealand for but has been reviewed internally by the purposes of an exemption from prior Department of State to ensure (a) * * * written approval. consistency with the purposes thereof. (1) A license for the export of major Sections 129.7(a)(1)(vii) and Paperwork Reduction Act defense equipment sold under a 129.7(a)(2) are being amended to add contract in the amount of $14,000,000 or This rule does not impose any new ‘‘South Korea’’ to the category of NATO, more, or for defense articles and defense reporting or recordkeeping requirements Japan, Australia, and New Zealand or services sold under a contract in the subject to the Paperwork Reduction Act, purposes of defining brokering activities amount of $50,000,000 or more to any 44 U.S.C. Chapter 35. requiring prior written approval. country that is not a member country of List of Subjects the North Atlantic Treaty Organization Regulatory Analysis and Notices (NATO), or Australia, Japan, New 22 CFR Parts 123 and 126 Administrative Procedure Act Zealand, or South Korea that does not Arms and munitions, Exports. authorize a new sales territory; or This amendment involves a foreign affairs function of the United States and, 22 CFR Parts 124 and 129 (2) A license for export to a country that is a member country of the North therefore, is not subject to the Arms and munitions, Exports, Atlantic Treaty Organization (NATO), or procedures contained in 5 U.S.C. 553 Technical assistance. Australia, Japan, New Zealand, or South and 554. ■ Accordingly, for the reasons set forth Korea of major defense equipment sold Regulatory Flexibility Act above, Title 22, Chapter I, Subchapter under a contract in the amount of M, parts 123, 124, 126, and 129 are $25,000,000 or more, or for defense Since this amendment is not subject amended as follows: to the notice-and-comment procedures articles and defense services sold under of 5 U.S.C. 553, it does not require PART 123—LICENSES FOR THE a contract in the amount of analysis under the Regulatory EXPORT OF DEFENSE ARTICLES $100,000,000 or more and provided the Flexibility Act. transfer does not include any other ■ 1. The authority citation for part 123 countries; or Unfunded Mandates Reform Act of 1995 continues to read as follows: * * * * * This amendment does not involve a Authority: Secs. 2, 38, and 71, Pub. L. 90– (b) Unless an emergency exists which mandate that will result in the 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, requires the proposed export in the expenditure by State, local, and Tribal 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR national security interests of the United 4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. governments, in the aggregate, or by the States, approval may not be granted for private sector, of $100 million or more 2651a; 22 U.S.C. 2776; Pub. L. 105–261, 112 Stat. 1920; Sec. 1205(a), Pub. L. 107–228. any transaction until at least 15 calendar in any year and it will not significantly days have elapsed after receipt by the or uniquely affect small governments. ■ 2. Section 123.9 is amended by Congress of the certification required by Therefore, no actions were deemed revising paragraphs (e) introductory text 22 U.S.C. 2776(c)(1) involving the North necessary under the provisions of the and (e)(2) to read as follows: Atlantic Treaty Organization, any Unfunded Mandates Reform Act of § 123.9 Country of ultimate destination member country of the Organization, or 1995. and approval of reexports or retransfers. Australia, Japan, New Zealand, or South Small Business Regulatory Enforcement * * * * * Korea or at least 30 calendar days have Fairness Act of 1996 (e) Reexports or retransfers of U.S.- elapsed for any other country; in the origin components incorporated into a case of a license for an export of a This amendment has been found not commercial communications satellite to be a major rule within the meaning foreign defense article to NATO, NATO agencies, a government of a NATO for launch from, and by nationals of, the of the Small Business Regulatory Russian Federation, Ukraine, or Enforcement Fairness Act of 1996. country, or the governments of Australia, Japan, New Zealand, or South Kazakhstan, until at least 15 calendar Executive Orders 12372 and 13132 Korea, are authorized without the prior days after the Congress receives such certification. This amendment will not have written approval of the Directorate of * * * * * substantial direct effects on the States, Defense Trade Controls, provided: on the relationship between the national * * * * * PART 124—AGREEMENTS, OFF- (2) The U.S.-origin components are government and the States, or on the SHORE PROCUREMENT AND OTHER not significant military equipment, the distribution of power and DEFENSE SERVICES responsibilities among the various items are not major defense equipment sold under contract in the amount of levels of government. Therefore, in ■ 4. The authority citation for part 124 $25,000,000 ($25 million) or more; the accordance with Executive Order 13132, continues to read as follows: it is determined that this amendment articles are not defense articles or does not have sufficient federalism defense services sold under a contract in Authority: Secs. 2, 38, and 71, Pub. L. 90– 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, implications to require consultations or the amount of $100,000,000 ($100 million) or more; and are not identified 2797); E.O. 11958, 42 FR 4311; 3 CFR 1977 warrant the preparation of a federalism Comp. p. 79; 22 U.S.C. 2651a; 22 U.S.C. 2776; summary impact statement. The in part 121 of this subchapter as Missile Pub. L. 105–261. regulations implementing Executive Technology Control Regime (MTCR) Order 12372 regarding items; and ■ 5. Section 124.11 is amended by intergovernmental consultation on * * * * * revising paragraph (b) to read as follows:

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§ 124.11 Congressional certification Zealand, or South Korea, except in the incinerator units and incorporates pursuant to Section 36(d) of the Arms case of the defense articles or defense applicable Clean Air Act (CAA), section Export Control Act. services specified in § 129.7(a) of this 129, requirements into one rule, * * * * * subchapter, for which prior approval is WV45CSR18. This approval action (b) Unless an emergency exists which always required. relates only to CISWI units. The requires the immediate approval of the ■ 10. Section 129.7 is amended by streamlining of the state’s regulatory agreement in the national security revising paragraphs (a)(1)(vii) and (a)(2) structure of its incinerator rules is not interests of the United States, approval introductory text to read as follows: an EPA requirement. may not be granted until at least 15 DATES: This rule is effective October 2, calendar days have elapsed after receipt § 129.7 Prior approval (license). 2009 without further notice, unless EPA by the Congress of the certification (a) * * * receives adverse written comment by required by 22 U.S.C. 2776(d)(1) (1) * * * September 2, 2009. If EPA receives such involving the North Atlantic Treaty (vii) Foreign defense articles or comments, it will publish a timely Organization, any member country of defense services (other than those that withdrawal of the direct final rule in the that Organization, or Australia, Japan, are arranged wholly within and Federal Register and inform the public New Zealand, or South Korea or at least destined exclusively for the North that the rule will not take effect. 30 calendar days have elapsed for any Atlantic Treaty Organization, Australia, ADDRESSES: Submit your comments, Japan, New Zealand, or South Korea other country. Approvals may not be identified by Docket ID Number EPA– (see §§ 129.6(b)(2) and 129.7(a)). granted when the Congress has enacted R03–OAR–2009–0482 by one of the (2) Brokering activities involving a joint resolution prohibiting the export. following methods: defense articles or defense services * * * * * A. http://www.regulations.gov. Follow covered by, or of a nature described by the on-line instructions for submitting PART 126—GENERAL POLICIES AND Part 121, of this subchapter, in addition comments. to those specified in § 129.7(a), that are PROVISIONS B. E-mail: E-mail: http:// designated as significant military [email protected]. ■ 6. The authority citation for part 126 equipment under this subchapter, for or continues to read as follows: C. Mail: EPA–R03–OAR–2009–0482, from any country not a member of the Walter Wilkie, Chief, Air Quality Authority: Secs. 2, 38, 40, 42, and 71, Pub. North Atlantic Treaty Organization, Analysis Branch, Mailcode 3AP22, U.S. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, Australia, Japan, New Zealand, or South Environmental Protection Agency, 2780, 2791, and 2797); E.O. 11958, 42 FR Korea whenever any of the following Region III, 1650 Arch Street, 4311; 3 CFR 1977 Comp. p. 79; 22 U.S.C. factors are present: Philadelphia, Pennsylvania 19103. 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR * * * * * 28205, 3 CFR, 1994 Comp. p. 899. D. Hand Delivery: At the previously- Dated: June 19, 2009. listed EPA Region III address. Such ■ 7. Section 126.8 is amended by Rose E. Gottemoeller, deliveries are only accepted during the revising paragraph (a)(1)(ii) to read as Assistant Secretary, Verification, Compliance Docket’s normal hours of operation, and follows: and Implementation, Department of State. special arrangements should be made for deliveries of boxed information. § 126.8 Proposals to foreign persons [FR Doc. E9–18332 Filed 7–31–09; 8:45 am] Instructions: Direct your comments to relating to significant military equipment. BILLING CODE 4710–25–P Docket ID No. EPA–R03–OAR–2009– (a) * * * 0482 EPA’s policy is that all comments (1) * * * received will be included in the public ENVIRONMENTAL PROTECTION (ii) The equipment is intended for use docket without change, and may be AGENCY by the armed forces of any foreign made available online at http:// country other than a member of the 40 CFR Part 62 www.regulations.gov, including any North Atlantic Treaty Organization, personal information provided, unless Australia, Japan, New Zealand, or South [EPA–R03–OAR–2009–0482; FRL–8938–6] the comment includes information Korea; and claimed to be Confidential Business Approval and Promulgation of State * * * * * Information (CBI) or other information Air Quality Plans For Designated whose disclosure is restricted by statute. Facilities and Pollutants, West Virginia; PART 129—REGISTRATION AND Do not submit information that you Control of Emissions From LICENSING OF BROKERS consider to be CBI or otherwise Commercial and Industrial Solid Waste protected through http:// ■ 8. The authority citation for part 129 Incinerator Units, Plan Revision continues to read as follows: www.regulations.gov or e-mail. The AGENCY: Environmental Protection http://www.regulations.gov Web site is Authority: Sec. 38, Pub. L. 104–164, 110 Agency (EPA). an ‘‘anonymous access’’ system, which Stat. 1437, (22 U.S.C. 2778). ACTION: Direct final rule. means EPA will not know your identity ■ 9. Section 129.6 is amended by or contact information unless you revising paragraph (b)(2) to read as SUMMARY: EPA is taking direct final provide it in the body of your comment. follows: action to approve a revision to the West If you send an e-mail comment directly Virginia (WV) commercial and to EPA without going through http:// § 129.6 Requirements for license/approval. industrial solid waste incinerator www.regulations.gov, your e-mail (b) * * * (CISWI) 111(d)/129 plan (the ‘‘plan’’). address will be automatically captured (1) * * * The revision contains a modified WV and included as part of the comment (2) Brokering activities that are Department of Environmental that is placed in the public docket and arranged wholly within and destined Protection, Division of Air Quality made available on the Internet. If you exclusively for the North Atlantic Treaty (DAQ) rule that streamlines and submit an electronic comment, EPA Organization, any member country of consolidates the state’s regulatory recommends that you include your that Organization, Australia, Japan, New structure (WV45CSR6, 18 and 24) for name and other contact information in

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the body of your comment and with any furans), carbon monoxide, metals that will serve as the proposal to disk or CD–ROM you submit. If EPA (cadmium, lead, mercury), acid gases approve the 111(d)/129 plan revision cannot read your comment due to (hydrogen chloride, sulfur dioxide, and should relevant adverse or critical technical difficulties and cannot contact nitrogen oxides) and particulate matter comments be filed. This rule will be you for clarification, EPA may not be (including opacity). effective October 2, 2009 without further notice unless the Agency able to consider your comment. II. Review of West Virginia’s CISWI receives relevant adverse comments by Electronic files should avoid the use of Plan Revision special characters, any form of September 2, 2009. If EPA receives such encryption, and be free of any defects or EPA has reviewed the West Virginia comments, then EPA will publish a viruses. CISWI plan revision submittal in the timely withdrawal in the Federal Docket: All documents in the context of the requirements of 40 CFR Register informing the public that the electronic docket are listed in the Part 60, and subparts B and DDDD; and rule did not take effect. EPA will http://www.regulations.gov index. part 62, subpart A. The submitted plan address all public comments in a Although listed in the index, some revision meets all the cited subsequent final rule based on the information is not publicly available, requirements and those as described in proposed rule. The EPA will not i.e., CBI or other information whose EPA’s original approval of West institute a second comment period on disclosure is restricted by statute. Virginia’s plan approval on April 11, this action. Any parties interested in Certain other material, such as 2003. (68 FR 17738). commenting must do so at this time. copyrighted material, is not placed on III. Final Action IV. Statutory and Executive Order the Internet and will be publicly EPA is approving the West Virginia Reviews available only in hard copy form. CISWI plan revision that streamlines Publicly available docket materials are A. General Requirements and consolidates its section 111(d)/129 available either electronically in http:// existing incinerator regulations into one Under Executive Order 12866 (58 FR www.regulations.gov or in hard copy rule, WV45CSR18. Therefore, EPA is 51735, October 4, 1993), this action is during normal business hours at the Air amending 40 CFR part 62, subpart XX, not a ‘‘significant regulatory action’’ and Protection Division, U.S. Environmental to reflect this action. This approval is therefore is not subject to review by the Protection Agency, Region III, 1650 based on the rationale discussed above Office of Management and Budget. For Arch Street, Philadelphia, Pennsylvania and in further detail in the technical this reason, this action is also not 19103. Copies of the State submittal are support document (TSD) associated subject to Executive Order 13211, available at the West Virginia Division with this action. This plan revision ‘‘Actions Concerning Regulations That of Air Quality, 601 57th Street SE., approval does not negate or void any of Significantly Affect Energy Supply, Charleston, West Virginia 25304. the initial plan approval requirements Distribution, or Use’’ (66 FR 28355, May FOR FURTHER INFORMATION CONTACT: (68 FR 17738), including compliance 22, 2001). This action merely approves James B. Topsale, P.E., at (215) 814– dates, for E. I. du Pont de Nemours and state law as meeting Federal 2190, or by e-mail at Company, Washington Works requirements and imposes no additional [email protected]. (‘‘DuPont’’), or any other affected requirements beyond those imposed by SUPPLEMENTARY INFORMATION: facility. Initial CISWI plan requirements state law. Accordingly, the have been consolidated into a modified Administrator certifies that this rule I. Background rule WV45CSR18. The scope of the plan will not have a significant economic The initial West Virginia CISWI plan, revision approval is limited to 40 CFR impact on a substantial number of small and related state rule, WV45CSR18, Part 60 and 62 provisions for existing entities under the Regulatory Flexibility were approved by EPA in the April 11, CISWI units, and the related new source Act (5 U.S.C. 601 et seq.). Because this 2003 edition of the Federal Register. performance standard provisions, rule approves pre-existing requirements (68FR17738). The plan approval is subpart CCCC, as referenced in the under state law and does not impose codified in 40 CFR part 62, subpart XX. emission guidelines, subpart DDDD. A any additional enforceable duty beyond On May 11, 2009, the West Virginia related plan revision for HMIWI units that required by state law, it does not Department of Environmental Protection will be addressed in a separate Federal contain any unfunded mandate or submitted to EPA a formal 111(d)/129 Register notice and rulemaking action. significantly or uniquely affect small plan revision for CISWI units. The The EPA Administrator continues to governments, as described in the submitted plan revision is part of an retain authority for several tasks, as Unfunded Mandates Reform Act of 1995 effort to streamline and consolidate cited in state rule WV45CSR18, section (Pub. L. 104–4). This rule also does not DAQ’s Clean Air Act, section 129, 45–18–9. This retention of federal have tribal implications because it will requirements for CISWI and hospital, authority also includes the granting of not have a substantial direct effect on medical infectious waste incinerator waivers for initial and annual one or more Indian tribes, on the (HMIWI) units. All applicable section compliance testing requirements. relationship between the Federal 129 incinerator regulatory requirements EPA is publishing this action without Government and Indian tribes, or on the are now in one state rule, WV45CSR18. prior proposal because the Agency distribution of power and However, this approval action relates views this as a noncontroversial responsibilities between the Federal only to CISWI units. A related plan amendment and anticipates no adverse Government and Indian tribes, as revision for HMIWI units will be comments. This action simply reflects specified by Executive Order 13175 (65 addressed in a separate Federal Register already existing Federal requirements FR 67249, November 9, 2000). This notice and rulemaking action. The for state air pollution control agencies action also does not have Federalism consolidation of the DAQ incinerator and existing CISWI units that are subject implications because it does not have rules into one is not an EPA to the provisions of 40 CFR part 60, substantial direct effects on the States, requirement. subparts B and DDDD, respectively. on the relationship between the national Section 129 of the CAA regulates a However, in the proposed rules section government and the States, or on the mixture of air pollutants. These of this Federal Register publication, distribution of power and pollutants include organics (dioxins/ EPA is publishing a separate document responsibilities among the various

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levels of government, as specified in purposes of judicial review nor does it (b) Plan revision #1 is effective Executive Order 13132 (64 FR 43255, extend the time within which a petition October 2, 2009. August 10, 1999). for judicial review may be filed, and [FR Doc. E9–18480 Filed 7–31–09; 8:45 am] This action merely approves a state shall not postpone the effectiveness of BILLING CODE 6560–50–P rule implementing a Federal such rule or action. requirement, and does not alter the Parties with objections to this direct relationship or the distribution of power final rule are encouraged to file a ENVIRONMENTAL PROTECTION and responsibilities established in the comment in response to the parallel AGENCY CAA. This rule also is not subject to notice of proposed rulemaking for this Executive Order 13045 ‘‘Protection of action published in the proposed rules 40 CFR Part 62 Children from Environmental Health section of today’s Federal Register, [EPA–R03–OAR–2009–0463; FRL–8938–8] Risks and Safety Risks’’ (62 FR 19885, rather than file an immediate petition April 23, 1997), because it approves a for judicial review of this direct final Approval and Promulgation of State state rule implementing a Federal rule, so that EPA can withdraw this Air Quality Plans for Designated standard. In reviewing section 111(d)/ direct final rule and address the Facilities and Pollutants, West Virginia; 129 plan submissions, EPA’s role is to comment in the proposed rulemaking. Control of Emissions From Hospital/ approve state choices, provided that This action, approving the submitted they meet the criteria of the CAA. In this Medical/Infectious Waste Incinerator West Virginia CISWI plan revision, may Units, Plan Revision context, in the absence of a prior not be challenged later in proceedings to existing requirement for the State to use enforce its requirements. (See section AGENCY: Environmental Protection voluntary consensus standards (VCS), 307(b)(2).) Agency (EPA). EPA has no authority to disapprove a ACTION: Direct final rule. 111(d)/129 plan submission for failure List of Subjects in 40 CFR Part 62 to use VCS. SUMMARY: Environmental protection, EPA is taking direct final It would thus be inconsistent with action to approve a revision to the West applicable law for EPA, when it reviews Administrative practice and procedure, Air pollution control, Aluminum, Virginia (WV) hospital/medical/ a 111(d)/129 plan submission, to use infectious waste incinerator (HMIWI) VCS in place of a 111(d)/129 plan Fertilizers, Fluoride, Intergovernmental relations, Paper and paper products 111(d)/129 plan (the ‘‘plan’’). The submission that otherwise satisfies the revision contains a modified WV provisions of the CAA. Thus, the industry, Phosphate, Reporting and recordkeeping requirements, Sulfur Department of Environmental requirements of section 12(d) of the Protection, Division of Air Quality National Technology Transfer and oxides, Sulfur acid plants, Waste treatment and disposal. (DAQ) rule that streamlines the State’s Advancement Act of 1995 (15 U.S.C. regulatory structure (WV45CSR6, 18, 272 note) do not apply. This rule does Dated: July 21, 2009. and 24) for incinerator units and not impose an information collection William C. Early, incorporates applicable Clean Air Act burden under the provisions of the Acting Regional Administrator, Region III. (CAA), section 129, requirements into Paperwork Reduction Act of 1995 (44 one rule, WV45CSR18. This approval U.S.C. 3501 et seq.). ■ 40 CFR Part 62, Subpart XX, is amended as follows: action relates only to HMIWI units. The B. Submission to Congress and the streamlining of the State’s regulatory Comptroller General PART 62—[AMENDED] structure of its incinerator rules is not an EPA requirement. The Congressional Review Act, 5 ■ 1. The authority citation for part 62 U.S.C. 801 et seq., as added by the Small DATES: This rule is effective October 2, continues to read as follows: Business Regulatory Enforcement 2009 without further notice, unless EPA Fairness Act of 1996, generally provides Authority: 42 U.S.C. 7401 et seq. receives adverse written comment by that before a rule may take effect, the September 2, 2009. If EPA receives such agency promulgating the rule must Subpart XX—West Virginia comments, it will publish a timely submit a rule report, which includes a withdrawal of the direct final rule in the ■ copy of the rule, to each House of the 2. Section 62.12155 is amended by Federal Register and inform the public Congress and to the Comptroller General designating the existing paragraph as that the rule will not take effect. of the United States. EPA will submit a paragraph (a) and adding paragraph (b) ADDRESSES: Submit your comments, report containing this rule and other to read as follows: identified by Docket ID Number EPA– required information to the U.S. Senate, § 62.12155 Identification of plan. R03–OAR–2009–0463 by one of the following methods: the U.S. House of Representatives, and * * * * * the Comptroller General of the United A. http://www.regulations.gov. Follow States prior to publication of the rule in (b) On May 11, 2009, the West the on-line instructions for submitting the Federal Register. This rule is not a Virginia Department of Environmental comments. ‘‘major rule’’ as defined by 5 U.S.C. Protection submitted a State plan B. E-mail: E-mail: http:// 804(2). revision (#1) that consolidates all [email protected]. existing section 111(d)/129 incinerator C. Mail: EPA–R03–OAR–2009–0463, C. Petitions for Judicial Review regulatory requirements into one Walter Wilkie, Chief, Air Quality Under section 307(b)(1) of the Clean modified rule, WV45CSR18. Analysis Branch, Mailcode 3AP22, U.S. Air Act, petitions for judicial review of ■ 3. Section 62.12157 is amended by Environmental Protection Agency, this action must be filed in the United designating the existing paragraph as Region III, 1650 Arch Street, States Court of Appeals for the paragraph (a) and adding paragraph (b) Philadelphia, Pennsylvania 19103. appropriate circuit by October 2, 2009. to read as follows: D. Hand Delivery: At the previously- Filing a petition for reconsideration by listed EPA Region III address. Such the Administrator of this final rule does § 61.12157 Effective date. deliveries are only accepted during the not affect the finality of this rule for the * * * * * Docket’s normal hours of operation, and

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special arrangements should be made 814–2190, or by e-mail at to the provisions of 40 CFR Parts 60 and for deliveries of boxed information. [email protected]. 62 for existing HMIWI units, as Instructions: Direct your comments to SUPPLEMENTARY INFORMATION: referenced in the emission guidelines, subpart Ce, and the related new source Docket ID No. EPA–R03–OAR–2009– I. Background 0463. EPA’s policy is that all comments performance standard, subpart Ec. received will be included in the public The initial West Virginia HMIWI plan CISWI and other types of section 129 docket without change, and may be was approved by EPA in the June 13, incinerator rule requirements are not made available online at http:// 2000 edition of the Federal Register. (65 included in the scope of this approval www.regulations.gov, including any FR 37046). The plan approval is action. personal information provided, unless codified in 40 CFR Part 62, subpart XX. The EPA Administrator continues to the comment includes information On May 11, 2009, the West Virginia retain authority for several tasks, as claimed to be Confidential Business Department of Environmental Protection cited in State rule WV45CSR18, § 45– Information (CBI) or other information submitted to EPA a formal 111(d)/129 18–9. This retention of Federal authority whose disclosure is restricted by statute. plan revision for HMIWI units. The also includes the granting of waivers for Do not submit information that you submitted plan revision is part of an initial and annual compliance testing consider to be CBI or otherwise effort to streamline and consolidate requirements. EPA is publishing this action without protected through http:// DAQ’s Clean Air Act, section 129, prior proposal because the Agency www.regulations.gov or e-mail. The requirements for commercial industrial views this as a noncontroversial http://www.regulations.gov Web site is solid waste incinerator (CISWI) and amendment and anticipates no adverse an ‘‘anonymous access’’ system, which HMIWI units. All applicable section 129 comments. This action simply reflects means EPA will not know your identity incinerator regulatory requirements are already existing Federal requirement for or contact information unless you now in one State rule, WV45CSR18. State air pollution control agencies and provide it in the body of your comment. However, this approval action relates existing HMIWI units that are subject to If you send an e-mail comment directly only to HMIWI units. A related plan the provisions of 40 CFR Part 60, to EPA without going through http:// revision for CISWI units will be subparts B and Ce, respectively. www.regulations.gov, your e-mail addressed in a separate Federal Register notice and rulemaking action. The However, in the proposed rules section address will be automatically captured consolidation of the DAQ incinerator of this Federal Register publication, and included as part of the comment rules into one is not an EPA EPA is publishing a separate document that is placed in the public docket and requirement. that will serve as the proposal to made available on the Internet. If you Section 129 of the CAA regulates a approve the 111(d)/129 plan revision submit an electronic comment, EPA mixture of air pollutants. These should relevant adverse or critical recommends that you include your pollutants include organics (dioxins/ comments be filed. This rule will be name and other contact information in furans), carbon monoxide, metals effective October 2, 2009 without the body of your comment and with any (cadmium, lead, mercury), acid gases further notice unless the Agency disk or CD–ROM you submit. If EPA (hydrogen chloride, sulfur dioxide, and receives relevant adverse comments by cannot read your comment due to nitrogen oxides) and particulate matter September 2, 2009. If EPA receives such technical difficulties and cannot contact (including opacity). comments, then EPA will publish a you for clarification, EPA may not be timely withdrawal in the Federal able to consider your comment. II. Review of West Virginia’s HMIWI Register informing the public that the Electronic files should avoid the use of Plan Revision rule did not take effect. EPA will special characters, any form of EPA has reviewed the West Virginia address all public comments in a encryption, and be free of any defects or HMIWI plan revision submittal in the subsequent final rule based on the viruses. context of the requirements of 40 CFR proposed rule. The EPA will not Docket: All documents in the Part 60, subparts B and Ce; and Part 62, institute a second comment period on electronic docket are listed in the subpart A. The submitted plan revision this action. Any parties interested in http://www.regulations.gov index. meets all the cited requirements and commenting must do so at this time. Although listed in the index, some those as described in EPA’s original information is not publicly available, approval of West Virginia’s plan IV. Statutory and Executive Order i.e., CBI or other information whose approval on June 13, 2000. (65 FR Reviews disclosure is restricted by statute. 37046). A. General Requirements Certain other material, such as III. Final Action Under Executive Order 12866 (58 FR copyrighted material, is not placed on EPA is approving the West Virginia 51735, October 4, 1993), this action is the Internet and will be publicly HMIWI plan revision that streamlines not a ‘‘significant regulatory action’’ and available only in hard copy form. and consolidates its section 111(d)/129 therefore is not subject to review by the Publicly available docket materials are existing incinerator regulations into one Office of Management and Budget. For available either electronically in http:// rule, WV45CSR18. Therefore, EPA is this reason, this action is also not www.regulations.gov or in hard copy amending 40 CFR Part 62, subpart XX, subject to Executive Order 13211, during normal business hours at the Air to reflect this action. This approval is ‘‘Actions Concerning Regulations That Protection Division, U.S. Environmental based on the rationale discussed above Significantly Affect Energy Supply, Protection Agency, Region III, 1650 and in further detail in the technical Distribution, or Use’’ (66 FR 28355, May Arch Street, Philadelphia, Pennsylvania support document (TSD) associated 22, 2001). This action merely approves 19103. Copies of the State submittal are with this action. This plan revision State law as meeting Federal available at the West Virginia Division approval does not negate or void any of requirements and imposes no additional of Air Quality, 601 57th Street, SE., the initial plan approval requirements requirements beyond those imposed by Charleston, West Virginia 25304. (65 FR 37046), including compliance State law. Accordingly, the FOR FURTHER INFORMATION CONTACT: dates for any affected facility. The scope Administrator certifies that this rule James B. Topsale, P.E., at (215) of this plan revision approval is limited will not have a significant economic

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impact on a substantial number of small B. Submission to Congress and the PART 62—[AMENDED] entities under the Regulatory Flexibility Comptroller General ■ Act (5 U.S.C. 601 et seq.). Because this 1. The authority citation for part 62 The Congressional Review Act, 5 continues to read as follows: rule approves pre-existing requirements U.S.C. 801 et seq., as added by the Small under State law and does not impose Business Regulatory Enforcement Authority: 42 U.S.C. 7401 et seq. any additional enforceable duty beyond Fairness Act of 1996, generally provides Subpart XX—West Virginia that required by State law, it does not that before a rule may take effect, the contain any unfunded mandate or agency promulgating the rule must ■ 2. Section 62.12150 is amended by significantly or uniquely affect small submit a rule report, which includes a designating the existing paragraph as governments, as described in the copy of the rule, to each House of the paragraph (a) and adding paragraph (b) Unfunded Mandates Reform Act of 1995 Congress and to the Comptroller General to read as follows: (Pub. L. 104–4). This rule also does not of the United States. EPA will submit a have Tribal implications because it will report containing this rule and other § 62.12150 Identification of plan. not have a substantial direct effect on required information to the U.S. Senate, * * * * * one or more Indian Tribes, on the the U.S. House of Representatives, and (b) On May 11, 2009, the West relationship between the Federal the Comptroller General of the United Virginia Department of Environmental Government and Indian Tribes, or on States prior to publication of the rule in Protection submitted a State plan the distribution of power and the Federal Register. This rule is not a revision (#1) that consolidates all responsibilities between the Federal ‘‘major rule’’ as defined by 5 U.S.C. existing section 111(d)/129 incinerator Government and Indian Tribes, as 804(2). regulatory requirements into one modified rule, WV45CSR18. specified by Executive Order 13175 (65 C. Petitions for Judicial Review FR 67249, November 9, 2000). This ■ 3. Section 62.12152 is amended by Under section 307(b)(1) of the Clean action also does not have Federalism designating the existing paragraph as Air Act, petitions for judicial review of implications because it does not have paragraph (a) and adding paragraph (b) this action must be filed in the United to read as follows: substantial direct effects on the States, States Court of Appeals for the on the relationship between the national appropriate circuit by October 2, 2009. § 61.12152 Effective date. government and the States, or on the Filing a petition for reconsideration by * * * * * distribution of power and the Administrator of this final rule does (b) Plan revision #1 is effective responsibilities among the various not affect the finality of this rule for the October 2, 2009. levels of government, as specified in purposes of judicial review nor does it [FR Doc. E9–18482 Filed 7–31–09; 8:45 am] Executive Order 13132 (64 FR 43255, extend the time within which a petition BILLING CODE 6560–50–P August 10, 1999). This action merely for judicial review may be filed, and approves a State rule implementing a shall not postpone the effectiveness of Federal requirement, and does not alter such rule or action. Parties with ENVIRONMENTAL PROTECTION the relationship or the distribution of objections to this direct final rule are AGENCY power and responsibilities established encouraged to file a comment in in the CAA. This rule also is not subject response to the parallel notice of 40 CFR Part 141 proposed rulemaking for this action to Executive Order 13045 ‘‘Protection of [EPA–HQ–OW–2009–0345; FRL–8930–8] Children from Environmental Health published in the proposed rules section Risks and Safety Risks’’ (62 FR 19885, of today’s Federal Register, rather than Expedited Approval of Alternative Test April 23, 1997), because it approves a file an immediate petition for judicial Procedures for the Analysis of State rule implementing a Federal review of this direct final rule, so that Contaminants Under the Safe Drinking standard. In reviewing section 111(d)/ EPA can withdraw this direct final rule Water Act; Analysis and Sampling 129 plan submissions, EPA’s role is to and address the comment in the Procedures approve State choices, provided that proposed rulemaking. This action, AGENCY: Environmental Protection they meet the criteria of the CAA. In this approving the submitted West Virginia Agency (EPA). context, in the absence of a prior HMIWI plan revision, may not be challenged later in proceedings to existing requirement for the State to use ACTION: Final rule. enforce its requirements. (See section voluntary consensus standards (VCS), 307(b)(2).) SUMMARY: This action announces the EPA has no authority to disapprove a Environmental Protection Agency’s 111(d)/129 plan submission for failure List of Subjects in 40 CFR Part 62 (EPA’s) approval of alternative testing to use VCS. It would thus be Environmental protection, methods for use in measuring the levels inconsistent with applicable law for Administrative practice and procedure, of contaminants in drinking water and EPA, when it reviews a 111(d)/129 plan Air pollution control, Aluminum, determining compliance with national submission, to use VCS in place of a Fertilizers, Fluoride, Intergovernmental primary drinking water regulations. The 111(d)/129 plan submission that relations, Paper and paper products Safe Drinking Water Act (SDWA) otherwise satisfies the provisions of the industry, Phosphate, Reporting and authorizes EPA to approve the use of CAA. Thus, the requirements of section recordkeeping requirements, Sulfur alternative testing methods through 12(d) of the National Technology oxides, Sulfur acid plants, Waste publication in the Federal Register. EPA Transfer and Advancement Act of 1995 treatment and disposal. is using this streamlined authority to make six additional methods available (15 U.S.C. 272 note) do not apply. This Dated: July 21, 2009. rule does not impose an information for analyzing drinking water samples William C. Early, required by regulation. This expedited collection burden under the provisions Acting Regional Administrator, Region III. of the Paperwork Reduction Act of 1995 approach provides public water ■ (44 U.S.C. 3501 et seq.). 40 CFR Part 62, Subpart XX, is systems, laboratories, and primacy amended as follows: agencies with more timely access to new

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measurement techniques and greater SUPPLEMENTARY INFORMATION: regulations standardized test procedures flexibility in the selection of analytical I. General Information for analysis of the contaminant. This methods, thereby reducing monitoring action makes alternative testing costs while maintaining public health A. Does This Action Apply to Me? methods available for particular protection. Public water systems are the regulated drinking water contaminants beyond the DATES: This action is effective August 3, entities required to measure testing methods currently established in 2009. contaminants in drinking water the regulations. EPA is providing public FOR FURTHER INFORMATION CONTACT: Safe samples. In addition, EPA Regions as water systems required to test water Drinking Water Hotline (800) 426–4791 well as States and Tribal governments samples with a choice of using either a or Patricia Snyder Fair, Technical with authority to administer the test procedure already established in the Support Center, Office of Ground Water regulatory program for public water existing regulations or an alternative test and Drinking Water (MS 140), systems under SDWA may also measure procedure that has been approved in Environmental Protection Agency, 26 contaminants in water samples. When this action. Categories and entities that West Martin Luther King Drive, EPA sets a monitoring requirement in its may ultimately be affected by this action Cincinnati, OH 45268; telephone national primary drinking water include: number: (513) 569–7937; e-mail address: regulations for a given contaminant, the [email protected]. Agency also establishes in the

Category Examples of potentially regulated entities NAICS 1

State, Local, & Tribal Governments ...... States, local and tribal governments that analyze water samples on behalf of public 924110 water systems required to conduct such analysis; States, local and tribal govern- ments that themselves operate community and non-transient non-community water systems required to monitor. Industry ...... Private operators of community and non-transient non-community water systems re- 221310 quired to monitor. Municipalities ...... Municipal operators of community and non-transient non-community water systems re- 924110 quired to monitor. 1 North American Industry Classification System.

This table is not exhaustive, but rather 566–1744, and the telephone number for contaminant concentrations in samples provides a guide for readers regarding the Water Docket is (202) 566–2426. collected under SDWA. Regulated entities likely to be affected by this 2. Electronic Access. You may access parties required to sample and monitor action. This table lists the types of this Federal Register document may use either the testing methods entities that EPA is now aware could electronically through the EPA Internet already established in existing potentially be affected by this action. under the ‘‘Federal Register’’ listings at regulations or the alternative testing Other types of entities not listed in the http://www.epa.gov/fedrgstr/. methods being approved in this action. table could also be impacted. To Abbreviations and Acronyms Used in The new methods are listed in determine whether your facility is This Action Appendix A to Subpart C in 40 CFR 141 affected by this action, you should and on EPA’s drinking water methods CFR: Code of Federal Regulations Web site at http://www.epa.gov/ carefully examine the applicability DBCP: Dibromochloropropane language at 40 CFR 141.2 (definition of safewater/methods/ EDB: Ethylene Dibromide analyticalmethods_expedited.html. public water system). If you have EPA: Environmental Protection Agency questions regarding the applicability of GC: Gas Chromatography B. What Is the Basis for This Action? this action to a particular entity, consult LED: Light-Emitting Diode When EPA determines an alternative the person listed in the preceding FOR MS: Mass Spectrometry analytical method is ‘‘equally effective’’ FURTHER INFORMATION CONTACT section. NEMI: National Environmental Methods Index (i.e., as effective as a method that has B. How Can I Get Copies of This nm: Nanometers already been promulgated in the Document and Other Related SDWA: Safe Drinking Water Act regulations), SDWA allows EPA to Information? approve the use of the alternative Table of Contents method through publication in the 1. Docket. EPA established a docket I. General Information Federal Register. See Section 1401(1) of for this action under Docket ID No. A. Does This Action Apply to Me? SDWA. EPA is using this streamlined EPA–HQ–OW–2009–0345. Publicly B. How Can I Get Copies of This Document approval authority to make six available docket materials are available and Other Related Information? II. Background additional methods available for either electronically through A. What Is the Purpose of This Action? determining contaminant www.regulations.gov or in hard copy at B. What Is the Basis for This Action? concentrations in samples collected the Water Docket in the EPA Docket III. Summary of Approvals under SDWA. EPA has determined that, Center, (EPA/DC) EPA West, Room A. Methods Developed by EPA for each contaminant or group of 3334, 1301 Constitution Ave., NW., B. Methods Developed by Vendors contaminants listed in Section III, the Washington, DC. Copyrighted materials IV. Statutory and Executive Order Reviews additional testing methods being are available only in hard copy. The V. References approved in this action are equally as EPA Docket Center Public Reading II. Background effective as one or more of the testing Room is open from 8:30 a.m. to 4:30 methods already established in the p.m., Monday through Friday, excluding A. What Is the Purpose of This Action? regulations for those contaminants. legal holidays. The telephone number In this action, EPA is approving six Section 1401(1) states that the newly for the Public Reading Room is (202) analytical methods for determining approved methods ‘‘shall be treated as

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an alternative for public water systems option of selective ion monitoring equally as effective for measuring the to the quality control and testing makes this method sufficiently sensitive contaminant as the methods currently procedures listed in the regulation.’’ to measure dibromochloropropane listed in the regulations as approved for Accordingly, this action makes these (DBCP) and ethylene dibromide (EDB) at that contaminant. The basis for this additional (and optional) six analytical the concentrations required for drinking determination is discussed in Munch methods legally available for meeting water compliance monitoring. 2009. EPA is therefore approving use of EPA’s monitoring requirements. EPA Method 524.3 is an updated Method 524.3 for the above named 24 This action does not add regulatory version of EPA Method 524.2, Revision contaminants when analyzing drinking language, but does, for informational 4.1 (USEPA 1995a), which is currently water compliance samples. purposes, update an appendix to the approved for analyses of compliance EPA Method 524.3 Version 1.0 regulations at 40 CFR part 141 that lists samples for 21 volatile organic (USEPA 2009) can be accessed and all methods approved under Section contaminants and total trihalomethanes. downloaded directly on-line at http:// 1401(1) of SDWA. Accordingly, while The method development work is epa.gov/safewater/methods/ this action is not a rule, it is updating described in the method research analyticalmethods_ogwdw.html. CFR text and therefore is being summary (Zaffiro et al. 2009). The published in the ‘‘Final Rules’’ section advantages of the new method include: B. Methods Developed by Vendors of this Federal Register. • Use of maleic acid, a common food 1. Mitchell Method M5271. Mitchell EPA described this expedited preservative, to preserve samples, Method M5271 (Mitchell 2009a) uses methods approval process in an April eliminating the requirement to ship a laser nephelometry to measure turbidity 10, 2007, Federal Register notice (72 FR hazardous reagent (hydrochloric acid) to in drinking water. The method is based 17902) (USEPA 2007) and announced the field; on a comparison of the intensity of light its intent to begin using the process. • Incorporation of features that allow scattered by the sample under defined EPA published the first set of approvals users to take advantage of modern conditions with the intensity of light in a June 3, 2008, Federal Register instrumentation to improve speed and scattered by a standard reference notice (73 FR 31616) (USEPA 2008) and data quality; suspension. Readings are made using an • added Appendix A to 40 CFR Part 141, Increased flexibility in selection of on-line laser nephelometer with the Subpart C. This action adds six method operating parameters; and • following design criteria: additional methods to Appendix A to Addition of Method 524.3 as an • Laser light source is monochromatic Subpart C. approved method for DBCP and EDB. operated at a nominal wavelength of 650 Approved methods for volatile ± III. Summary of Approvals 30nm; organic contaminants and total • Incident radiation and any EPA is approving six methods that are trihalomethanes are listed at 40 CFR convergence does not exceed ± 1.5 equally effective relative to methods 141.24(e). EPA Methods 502.2; Revision degrees in the measurement area; previously promulgated in the 2.1 (USEPA 1995b) and 524.2; Revision • Distance traversed by incident light regulations. By means of this notice, 4.1 (USEPA 1995a) are approved for and scattered light does not exceed these six methods are added to benzene; carbon tetrachloride; 10cm; Appendix A of 40 CFR Part 141, Subpart chlorobenzene; 1,2-dichlorobenzene; • Detector/light receiver is centered at C. For convenience of the reader, the 1,4-dichlorobenzene; 1,2- 90 ± 1.5 degrees to the incident light revised Appendix A in its entirety is dichloroethane; cis-dichloroethylene; path and the light cone does not exceed shown below. However, the only change trans-dichloroethylene; ± 30 degrees from 90 degrees; and made to Appendix A through this action dichloromethane; 1,2-dichloropropane; • Instrument incorporates a bubble is the inclusion of these six additional ethylbenzene; styrene; trap and anti-fog windows. Sensor is methods as described in this preamble. tetrachloroethylene; 1,1,1- horizontal and the windows are vertical. trichloroethane; trichloroethylene; Windows are immersed in the sample A. Methods Developed by EPA toluene; 1,2,4-trichlorobenzene; 1,1- stream. EPA Method 524.3, Version 1.0. This dichloroethylene; 1,1,2-trichlorethane; Four approved methods for turbidity is a gas chromatography/mass vinyl chloride; xylenes (total—measured are listed at 40 CFR 141.74(a)(1). The spectrometry (GC/MS) method for the as sum of o-xylene; m-xylene and p- performance characteristics of Mitchell determination of purgeable organic xylene); and total trihalomethanes (sum Method M5271 were compared to the compounds in finished drinking waters. of chloroform; bromodichloromethane; performance characteristics of approved The method analytes are purged from dibromochloromethane; and EPA Method 180.1 (USEPA 1993a). The the water sample using helium and bromoform). EPA Method 551.1 (USEPA validation study report (Mitchell 2008a) trapped on a sorbent material. After 1995c) is approved for carbon summarizes the results obtained from purging, the trap is heated and back tetrachloride; tetrachloroethylene; 1,1,1- the turbidimeters placed in series at flushed with helium to transfer the trichloroethane; trichloroethylene; EDB; three different public water systems. analytes to a capillary GC column. DBCP; and total trihalomethanes. EPA One water system used ground water Compounds eluting from the GC are Method 504.1, Revision 1.1 (USEPA and the other two plants used surface directed into a mass spectrometer for 1995d) is approved for EDB and DBCP. water sources. Measurements included mass analysis and detection. The Approved methods for total at least one filter backwash at each of analytes are identified by comparing the trihalomethanes are also listed at 40 the surface water plants. acquired mass spectra and retention CFR 141.131(b)(1). For each of the 24 EPA has determined that the Mitchell times to reference spectra and retention contaminants, the performance Method M5271 is equally effective times for calibration standards acquired characteristics of EPA Method 524.3 relative to EPA Method 180.1 that is under identical GC/MS conditions. The were compared to the characteristics of already promulgated in the regulations concentration of each target analyte is each of the methods currently listed in at 40 CFR 141.74(a)(1). The basis for this calculated using the internal standard the regulations as approved for that determination is discussed in technique and response curves obtained contaminant (Munch 2009). EPA has Wendelken 2009a. Therefore, EPA is via procedural calibration. The determined that, for each of the 24 approving the Mitchell Method M5271 expansion of the method to include the contaminants, EPA Method 524.3 is for determining turbidity in drinking

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water. A copy of the method can be nephelometry to measure turbidity in analysis by spectrophotometry to downloaded from the National drinking water. The method is based on determine concentrations of nitrate and Environmental Methods Index (NEMI) a comparison of the intensity of light nitrite combined or individually in at http://www.nemi.gov or obtained by scattered by the sample at 90 degrees to drinking water. The method involves contacting Leck Mitchell, PhD, PE, 656 the beam path with the intensity of light the following steps: Independence Valley Dr., Grand scattered by a standard reference • Reduction of nitrate in a sample to Junction, CO 81507. suspension. Readings are made using a nitrite using a non-hazardous 2. Mitchell Method M5331. Mitchell portable LED nephelometer with the proprietary reagent; Method M5331 (Mitchell 2009b) uses following design criteria: • Diazotizing the nitrite originally in light-emitting diode (LED) • White LED light source emits the sample plus the reduced nitrate with nephelometry to measure turbidity in broadband light having peak intensities sulfanilamide followed by coupling drinking water. The method is based on in the 400nm to 600nm range; with N-(1-napthyl)ethylenediamine a comparison of the intensity of light • Distance traversed by incident light dihydrochloride under acidic scattered by the sample under defined and scattered light does not exceed conditions to form a highly colored azo conditions with the intensity of light 10cm; dye; scattered by a standard reference • Detector/light receiver is centered at • Colorimetric determination in suspension. Readings are made using an 90 degrees to the incident light path and which the absorbance of color at 546nm on-line LED nephelometer with the the light cone does not exceed ± 30 is directly proportional to the following design criteria: degrees from 90 degrees. The detector concentration of the nitrite plus the • LED light source is monochromatic has spectral peak response between reduced nitrate in the sample; operated at a nominal wavelength of 525 400nm and 600nm; • Measurement of nitrite individually • ± 15nm; Pulsed light allows for synchronous by analysis of the sample while • Incident radiation and any detection, a technique by which eliminating the reduction step; and convergence does not exceed ± 1.5 ambient stray light leakage, as well as • Subtraction of the nitrite value from degrees in the measurement area; other electronic induced errors, are that of the combined nitrate plus nitrite • Distance traversed by incident light effectively cancelled out; and value to determine nitrate individually. and scattered light does not exceed • Color compensation is achieved Approved methods for nitrate and 10cm; using a dual-beam system with two nitrite are listed at 40 CFR 141.23(k)(1). • Detector/light receiver is centered at photo detectors. An inter-laboratory study (Systea 90 ± 1.5 degrees to the incident light Four approved methods for turbidity Scientific, LLC. 2008) was conducted to path and the light cone does not exceed are listed at 40 CFR 141.74(a)(1). The compare the performance characteristics ± 30 degrees from 90 degrees; and performance characteristics of Thermo of the Systea Easy (1-Reagent) Nitrate • Instrument incorporates a bubble Scientific’s Orion Method AQ4500 were Method to the characteristics of the EPA trap and anti-fog windows. Sensor is compared to the performance Method 353.2 (USEPA 1993b) and ¥ horizontal and the windows are vertical. characteristics of EPA Method 180.1 Standard Method 4500–NO3 F–00 Windows are immersed in the sample (USEPA 1993a) listed at 40 CFR (APHA 1997), which are listed at 40 stream. 141.74(a)(1) for measurement of CFR 141.23(k)(1) for nitrate and nitrite. Four approved methods for turbidity turbidity. Two rounds of testing were Ten laboratories analyzed a variety of are listed at 40 CFR 141.74(a)(1). The conducted (Wendelken 2009c). The first sample matrices using approved performance characteristics of Mitchell was an ASTM round robin study methods. The samples were also Method M5331 were compared to the comparing results from analyses of 28 analyzed using the Systea Easy (1- performance characteristics of approved samples of various types using Reagent) Nitrate Method. EPA Method 180.1 (USEPA 1993a). The turbidimeters with tungsten filament EPA has determined that the Systea validation study report (Mitchell 2008b) light sources as specified in EPA Easy (1-Reagent) Nitrate Method is summarizes the results obtained from Method 180.1 and white LEDs as equally effective relative to EPA Method ¥ the turbidimeters placed in series at specified in Thermo Scientific Orion 353.2 and Standard Method 4500–NO3 three different public water systems. Method AQ4500. A second study F–00, which are already promulgated in One water system used ground water involved demonstration of performance the regulations. The basis for this and the other two plants used surface at turbidities below 2 nephelometric determination is discussed in water sources. Measurements included turbidity units. Wendelken 2009d. The method is a at least one filter backwash at each of EPA has determined that Thermo ‘‘green’’ alternative to other approved the surface water plants. Scientific’s Orion Method AQ4500 is methods, which use cadmium, a known EPA has determined that the Mitchell equally effective relative to EPA Method carcinogen, for the reduction of nitrate Method M5331 is equally effective 180.1, which is already promulgated in to nitrite. EPA is approving this method relative to EPA Method 180.1 that is the regulations at 40 CFR 141.74(a)(1). for determining nitrate and nitrite already promulgated in the regulations The basis for this determination is concentrations in drinking water to at 40 CFR 141.74(a)(1). The basis for this discussed in Wendelken 2009c. comply with 40 CFR 141.23. determination is discussed in Therefore, EPA is approving Method Systea Easy (1-Reagent) Nitrate Wendelken 2009b. Therefore, EPA is AQ4500 for the measurement of Method (Systea Scientific, LLC. 2009) approving it for determining turbidity in turbidity in drinking water. A copy of can be downloaded from NEMI at drinking water. A copy of the method the method can be downloaded from http://www.nemi.gov or obtained from can be downloaded from NEMI at NEMI at http://www.nemi.gov or Systea Scientific, LLC, 900 Jorie Blvd., http://www.nemi.gov or obtained from obtained from Thermo Scientific, 166 Suite 35, Oak Brook, IL 60523, Phone: Leck Mitchell, PhD, PE, 656 Cummings Center, Beverly, MA 01915, (630) 645–0600. Independence Valley Dr., Grand Phone: (800) 225–1480, 5. Method ME355.01. ‘‘Determination Junction, CO 81507. www.thermo.com. of Cyanide in Drinking Water by GC/MS 3. Orion Method AQ4500. Thermo 4. Systea Easy (1-Reagent). Systea Headspace’’ (Eaton 2009) uses direct Scientific’s Orion Method AQ4500 Scientific, LLC’s Systea Easy (1-Reagent) headspace injection after acidification (Thermo Scientific 2009) uses LED Nitrate Method uses automated discreet followed by Gas Chromatography/Mass

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Spectrometry (GC/MS) to determine the American Public Health Association Turbidity by Nephelometry’’ in Methods concentration of cyanide, as free (APHA), 1999. Standard Method 4500– for the Determination of Inorganic cyanide, in drinking water. The method CN¥ F–99. Cyanide-Selective Electrode Substances in Environmental Samples, involves the following steps: Method. Approved by Standard EPA/600/R–93/100. (Available at • Acidification of the sample; Methods Committee 1999. Standard http://www.nemi.gov.) • Heating the sample to 60 degrees Methods Online. (Available at http:// USEPA. 1993b. EPA Method 353.2, Celsius with agitation; www.standardmethods.org.) Revision 2.0, ‘‘Determination of Nitrate- • Direct injection of 1 milliliter of Eaton, J. 2009. Method ME355.01, Nitrite Nitrogen by Automated headspace onto the nitrogen cooled Revision 1.0. Determination of Cyanide Colorimetry’’ in Methods for the cryotrap; and in Drinking Water by GC/MS • Determination of Inorganic Substances Analysis using temperature Headspace. May 26, 2009. H & E Testing in Environmental Samples, EPA/600/R– programmed GC/MS. Laboratory, 221 State Street, Augusta, 93/100. (Available at http:// The performance characteristics of ME 04333. (Available at http:// www.nemi.gov.) Method ME355.01 were determined in www.nemi.gov.) USEPA. 1993c. EPA Method 335.4, three laboratories by replicate analyses Mitchell, L. and Mitchell, P., 2008a. Revision 1.0, ‘‘Determination of Total of fortified samples (Wendelken 2009e). Mitchell ATP Submission for Changes Cyanide by Semi-Automated The results were compared to the in Method 180.1 Using Laser Colorimetry’’ in Methods for the characteristics of EPA Method 335.4 Determination of Turbidity by Determination of Inorganic Substances (USEPA 1993c) and Standard Method ¥ Nephelometry, Mitchell Method M5271, in Environmental Samples, EPA/600/R– 4500–CN F–99 (APHA 1999) listed at Validation Study Report, Revision 1.0, 93/100. (Available at http:// 40 CFR 141.23(k)(1) for cyanide. EPA July 31, 2008. 656 Independence Valley www.nemi.gov.) has determined that Method ME355.01 Dr., Grand Junction, CO 81507. USEPA. 1995a. EPA Method 524.2, is equally effective relative to each of Mitchell, L. and Mitchell, P., 2008b. Revision 4.1, ‘‘Measurement of these two methods. The basis for this Mitchell ATP Submission for Changes Purgeable Organic Compounds in Water determination is discussed in in Method 180.1 Using LED by Capillary Column Gas Wendelken 2009e. Therefore, EPA is Determination of Turbidity by Chromatography/Mass Spectrometry’’ in approving this method for determining Nephelometry, Mitchell Method M5331, Methods for the Determination of cyanide concentrations in drinking Validation Study Report, Revision 1.0, Organic Compounds in Drinking water to comply with 40 CFR 141.23. July 31, 2008. 656 Independence Valley Water—Supplement III, EPA/600/R–95– Method ME335.01 can be downloaded Dr., Grand Junction, CO 81507. 131. (Available at http://www.nemi.gov.) from NEMI at http://www.nemi.gov or Mitchell, L. and Mitchell, P., 2009a. USEPA. 1995b. EPA Method 502.2, obtained from James Eaton, PhD, H & E Mitchell Method M5271, Revision 1.1. Testing Laboratory, 221 State Street, Revision 2.1, ‘‘Volatile Organic Determination of Turbidity by Laser Compounds in Water by Purge and Trap Augusta, ME 04333, Phone: (207) 187– Nephelometry, March 5, 2009. Leck 2727. Capillary Column Gas Chromatography Mitchell, PhD, PE, 656 Independence with Photoionization and Electrolytic IV. Statutory and Executive Order Valley Dr., Grand Junction, CO 81507. Conductivity Detectors in Series’’ in Reviews (Available at http://www.nemi.gov.) Methods for the Determination of Mitchell, L. and Mitchell, P., 2009b. Organic Compounds in Drinking As noted above, under the terms of Mitchell Method M5331, Revision 1.1. Water—Supplement III, EPA/600/R–95– SDWA Section 1401(1), this streamlined Determination of Turbidity by LED 131. (Available at http://www.nemi.gov.) method approval action is not a rule. Nephelometry, March 5, 2009. Leck USEPA. 1995c. EPA Method 551.1, Accordingly, the Congressional Review Mitchell, PhD, PE, 656 Independence Revision 1.0, ‘‘Determination of Act, 5 U.S.C. 801 et seq., as added by Valley Dr., Grand Junction, CO 81507. Chlorination Disinfection Byproducts, the Small Business Regulatory (Available at http://www.nemi.gov.) Enforcement Fairness Act of 1996, does Munch, D., 2009. Memo to the record Chlorinated Solvents, and Halogenated not apply because this action is not a describing basis for expedited approval Pesticides/Herbicides in Drinking Water rule for purposes of 5 U.S.C. 804(3). of EPA Method 524.3. May 22, 2009. by Liquid-Liquid Extraction and Gas Similarly, this action is not subject to Systea Scientific, LLC., 2008. Chromatography with Electron-Capture the Regulatory Flexibility Act because it Validation Study Report for New Detection’’ in Methods for the is not subject to notice and comment Method Approval of Nitrate Analysis in Determination of Organic Compounds requirements under the Administrative Wastewater and Drinking Water in Drinking Water—Supplement III, Procedure Act or any other statute. In Utilizing Systea Scientific, LLC Non- EPA/600/R–95–131. (Available at addition, because this approval action is Hazardous Proprietary Reagent R1, http://www.nemi.gov.) not a rule but simply makes alternative Systea Easy (1-Reagent) Nitrate 0.050–10 USEPA. 1995d. EPA Method 504.1, (optional) testing methods available for mg/L. September 15, 2008. 900 Jorie Revision 1.1, ‘‘1,2-Dibromoethane monitoring under SDWA, EPA has Blvd., Suite 35, Oak Brook, IL 60523. (EDB), 1,2-Dibromo-3-Chloro-Propane concluded that other statutes and Systea Scientific, LLC., 2009. Systea (DBCP), and 1,2,3-Trichloropropane executive orders generally applicable to Easy (1-Reagent) Nitrate Method, (123TCP) in Water by Microextraction rulemaking do not apply to this February 4, 2009. 900 Jorie Blvd., Suite and Gas Chromatography’’ in Methods approval action. 35, Oak Brook, IL 60523. (Available at for the Determination of Organic http://www.nemi.gov.) Compounds in Drinking Water— V. References Thermo Scientific, 2009. Orion Supplement III, EPA/600/R–95–131. American Public Health Association Method AQ4500, Revision 1.0. (Available at http://www.nemi.gov.) (APHA), 2000. Standard Method 4500– Determination of Turbidity by LED USEPA. 2007. Expedited Approval of ¥ NO3 F–00. Automated Cadmium Nephelometry, May 8, 2009. 166 Test Procedures for the Analysis of Reduction Method. Approved by Cummings Center, Beverly, MA 01915. Contaminants Under the Safe Drinking Standard Methods Committee 2000. (Available at http://www.nemi.gov.) Water Act; Analysis and Sampling Standard Methods Online. (Available at USEPA. 1993a. EPA Method 180.1, Procedures. 72 FR 17902. April 10, http://www.standardmethods.org.) Revision 2.0, ‘‘Determination of 2007.

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USEPA. 2008. Expedited Approval of Thermo Scientific/Orion Method Dated: July 9, 2009. Alternative Test Procedures for the AQ4500, Revision 1.0 and basis for Michael H. Shapiro, Analysis of Contaminants Under the expedited approval. May 29, 2009. Acting Assistant Administrator, Office of Safe Drinking Water Act; Analysis and Wendelken, S., 2009d. Memo to the Water. Sampling Procedures. 73 FR 31616. June record describing basis for expedited ■ For the reasons stated in the preamble, 3, 2008. approval of Systea Easy (1–Reagent) 40 CFR part 141 is amended as follows: USEPA. 2009. EPA Method 524.3 Nitrate Method. May 29, 2009. Version 1.0. Measurement of Purgeable Wendelken, S., 2009e. Memo to the PART 141—NATIONAL PRIMARY Organic Compounds in Water by record describing ATP evaluation of DRINKING WATER REGULATIONS Capillary Column Gas Chromatography/ Method ME355.01 and basis for Mass Spectrometry, EPA 815–B–09–009. ■ expedited approval. May 29, 2009. 1. The authority citation for part 141 June 2009. (Available at http://epa.gov/ continues to read as follows: safewater/methods/ Zaffiro, A.D, Prakash, B. and _ Zimmerman, M., 2009. EPA Method Authority: 42 U.S.C. 300f, 300g–1, 300j–4, analyticalmethods ogwdw.html.) and 300j–9. Wendelken, S., 2009a. Memo to the 524.3 Research Summary, Shaw record describing basis for expedited Environmental, Cincinnati OH. June ■ 2. Subpart C is amended by revising approval of Mitchell Method M5271. 2009. Appendix A to read as follows: May 29, 2009. List of Subjects in 40 CFR Part 141 Wendelken, S., 2009b. Memo to the Appendix A to Subpart C of Part 141— record describing basis for expedited Environmental protection, Chemicals, Alternative Testing Methods Approved approval of Mitchell Method M5331. Indians—lands, Intergovernmental for Analyses Under the Safe Drinking May 29, 2009. relations, Radiation protection, Water Act Wendelken, S., 2009c. Memo to the Reporting and recordkeeping Only the editions stated in the following record describing ATP evaluation of requirements, Water supply. table are approved.

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.21(f)(3)

Organism Methodology SM 21st edition 1

Total Coliforms ...... Total Coliform Fermentation Technique ...... 9221 A, B Total Coliform Membrane Filter Technique ...... 9222 A, B, C Presence-Absence (P–A) Coliform Test ...... 9221 D ONPG–MUG Test ...... 9223

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.23(k)(1)

SM 21st Contaminant Methodology EPA method SM online 3 ASTM 4 Other edition 1

Alkalinity ...... Titrimetric ...... 2320 B Antimony ...... Atomic Absorption; Furnace ..... 3113 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2 2. spectrometry (AVICP–AES). Arsenic ...... Atomic Absorption; Furnace ..... 3113 B Hydride Atomic Absorption ...... 3114 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Barium ...... Inductively Coupled Plasma ..... 3120 B Atomic Absorption; Direct ...... 3111 D Atomic Absorption; Furnace ..... 3113 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Beryllium ...... Inductively Coupled Plasma ..... 3120 B Atomic Absorption; Furnace ..... 3113 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Cadmium ...... Atomic Absorption; Furnace ..... 3113 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Calcium ...... EDTA titrimetric ...... 3500–Ca B Atomic Absorption; Direct Aspi- 3111 B ration. Inductively Coupled Plasma ..... 3120 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Chromium ...... Inductively Coupled Plasma ..... 3120 B Atomic Absorption; Furnace ..... 3113 B

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ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.23(k)(1)—Continued

SM 21st Contaminant Methodology EPA method SM online 3 ASTM 4 Other edition 1

Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Copper ...... Atomic Absorption; Furnace ..... 3113 B Atomic Absorption; Direct Aspi- 3111 B ration. Inductively Coupled Plasma ..... 3120 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Conductivity ..... Conductance ...... 2510 B Cyanide ...... Manual Distillation followed by D2036–06 A Spectrophotometric, 4500–CN¥ G D2036–06 B Amenable. Spectrophotometric Manual .. 4500–CN¥ E D2036–06 A Selective Electrode ...... 4500–CN¥ F Gas Chromatography/Mass ME355.01 7 Spectrometry Headspace. Fluoride ...... Ion Chromatography ...... 4110 B Manual Distillation; Colorimetric 4500–F¥ B, D SPADNS. Manual Electrode ...... 4500–F¥ C D1179–04 B Automated Alizarin ...... 4500–F¥ E Lead ...... Atomic Absorption; Furnace ..... 3113 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Magnesium ...... Atomic Absorption ...... 3111 B Inductively Coupled Plasma ..... 3120 B Complexation Titrimetric Meth- 3500–Mg B ods. Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Mercury ...... Manual, Cold Vapor ...... 3112 B Nickel ...... Inductively Coupled Plasma ..... 3120 B Atomic Absorption; Direct ...... 3111 B Atomic Absorption; Furnace ..... 3113 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Nitrate ...... Ion Chromatography ...... 4110 B ¥ Automated Cadmium Reduction 4500–NO3 F ¥ Manual Cadmium Reduction .... 4500–NO3 E ¥ Ion Selective Electrode ...... 4500–NO3 D Reduction/Colorimetric ...... Systea Easy (1-Reagent) 8 Nitrite ...... Ion Chromatography ...... 4110 B ¥ Automated Cadmium Reduction 4500–NO3 F ¥ Manual Cadmium Reduction .... 4500–NO3 E ¥ Spectrophotometric ...... 4500–NO2 B Reduction/Colorimetric ...... Systea Easy (1-Reagent) 8 Orthophosphate Ion Chromatography ...... 4110 B Colorimetric, ascorbic acid, sin- 4500–P E 4500–P E–99 gle reagent. Colorimetric, Automated, Ascor- 4500–P F 4500–P F–99 bic Acid. pH ...... Electrometric ...... 4500–H+ B Selenium ...... Hydride-Atomic Absorption ...... 3114 B Atomic Absorption; Furnace ..... 3113 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Silica ...... Colorimetric ...... D859–05 Molybdosilicate ...... 4500–SiO2 C Heteropoly blue ...... 4500–SiO2 D Automated for Molybdate-reac- 4500–SiO2 E tive Silica.

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ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.23(k)(1)—Continued

SM 21st Contaminant Methodology EPA method SM online 3 ASTM 4 Other edition 1

Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Inductively Coupled Plasma ..... 3120 B Sodium ...... Atomic Absorption; Direct Aspi- 3111 B ration. Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Temperature .... Thermometric ...... 2550

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.24(e)(1)

SM 21st Contaminant Methodology EPA method SM online 3 edition 1

Benzene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 9 Carbon tetrachloride ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Chlorobenzene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 1,2-Dichlorobenzene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 1,4-Dichlorobenzene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 1,2-Dichloroethane ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 cis-Dichloroethylene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Trans-Dichloroethylene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Dichloromethane ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 1,2-Dichloropropane ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Ethylbenzene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Styrene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Tetrachloroethylene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 1,1,1-Trichloroethane ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Trichloroethylene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Toluene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 1,2,4-Trichlorobenzene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 1,1-Dichloroethylene ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 1,1,2-Trichlorethane ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Vinyl chloride ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Xylenes (total) ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Carbofuran ...... High-performance liquid chromatography (HPLC) with post- 6610 B 6610 B–04 column derivatization and fluorescence detection. Dibromochloropropane Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 (DBCP). Ethyl dibromide (EDB) ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3 Oxamyl ...... High-performance liquid chromatography (HPLC) with post- 6610 B 6610 B–04 column derivatization and fluorescence detection. Total Trihalomethanes ...... Purge & Trap/Gas Chromatography/Mass Spectrometry ...... 524.3

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.25(a)

SM 21st Contaminant Methodology ASTM 4 edition 1

Naturally Occurring: Gross alpha and beta ...... Evaporation ...... 7110 B Gross alpha ...... Coprecipitation ...... 7110 C Radium 226 ...... Radon emanation ...... 7500–Ra C Radiochemical ...... 7500–Ra B Radium 228 ...... Radiochemical ...... 7500–Ra D Uranium ...... Radiochemical ...... 7500–U B ICP–MS ...... D5673–05 Alpha spectrometry ...... 7500–U C Man-Made: Radioactive Cesium ...... Radiochemical ...... 7500–Cs B Gamma Ray Spectrometry ...... 7120 Radioactive Iodine ...... Radiochemical ...... 7500–I B 7500–I C 7500–I D Gamma Ray Spectrometry ...... 7120 Radioactive Strontium 89, 90 ...... Radiochemical ...... 7500–Sr B Tritium ...... Liquid Scintillation ...... 7500–3H B

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ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.25(a)—Continued

SM 21st Contaminant Methodology ASTM 4 edition 1

Gamma Emitters ...... Gamma Ray Spectrometry ...... 7120 7500–Cs B 7500–I B

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.74(a)(1)

Organism Methodology SM 21st Other edition 1

Total Coliform ...... Total Coliform Fermentation Technique ...... 9221 A, B, C Total Coliform Membrane Filter Technique ...... 9222 A, B, C ONPG–MUG Test ...... 9223 Fecal Coliforms ...... Fecal Coliform Procedure ...... 9221 E Fecal Coliform Filter Procedure ...... 9222 D Heterotrophic bacteria ..... Pour Plate Method ...... 9215 B Turbidity ...... Nephelometric Method ...... 2130 B Laser Nephelometry (on-line) ...... Mitchell M527110 LED Nephelometry (on-line) ...... Mitchell M5331 11 LED Nephelometry (portable) ...... Orion AQ4500 12

ALTERNATIVE TESTING METHODS FOR DISINFECTANT RESIDUALS LISTED AT 40 CFR 141.74(a)(2)

Residual Methodology SM 21st edition 1

Free Chlorine ...... Amperometric Titration ...... 4500–Cl D DPD Ferrous Titrimetric ...... 4500–Cl F DPD Colorimetric ...... 4500–Cl G Syringaldazine (FACTS) ...... 4500–Cl H Total Chlorine ...... Amperometric Titration ...... 4500–Cl D Amperometric Titration (Low level measurement) ...... 4500–Cl E DPD Ferrous Titrimetric ...... 4500–Cl F DPD Colorimetric ...... 4500–Cl G Iodometric Electrode ...... 4500–Cl I Chlorine Dioxide ...... Amperometric Titration ...... 4500–ClO2 C Amperometric Titration ...... 4500–ClO2 E Ozone ...... Indigo Method ...... 4500–O3 B

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.131(b)(1)

Contaminant Methodology EPA method SM 21st edition 1

TTHM ...... P&T/GC/MS ...... 524.3 9 HAA5 ...... LLE (diazomethane)/GC/ECD ...... 6251 B Chlorite—daily monitoring as prescribed in 40 CFR Amperometric Titration ...... 4500–ClO2 E 141.132(b)(2)(i)(A).

ALTERNATIVE TESTING METHODS FOR DISINFECTANT RESIDUALS LISTED AT 40 CFR 141.131(c)(1)

Residual Methodology SM 21st edition 1

Free Chlorine ...... Amperometric Titration ...... 4500–Cl D DPD Ferrous Titrimetric ...... 4500–Cl F DPD Colorimetric ...... 4500–Cl G Syringaldazine (FACTS) ...... 4500–Cl H Combined Chlorine ...... Amperometric Titration ...... 4500–Cl D DPD Ferrous Titrimetric ...... 4500–Cl F DPD Colorimetric ...... 4500–Cl G Total Chlorine ...... Amperometric Titration ...... 4500–Cl D Low level Amperometric Titration ...... 4500–Cl E DPD Ferrous Titrimetric ...... 4500–Cl F DPD Colorimetric ...... 4500–Cl G Iodometric Electrode ...... 4500–Cl I Chlorine Dioxide ...... Amperometric Method II ...... 4500–ClO2 E

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ALTERNATIVE TESTING METHODS FOR DISINFECTANT RESIDUALS LISTED AT 40 CFR 141.131(c)(2), IF APPROVED BY THE STATE

Residual Methodology Method

Free Chlorine ...... Test Strips ...... Method D99–003 5

ALTERNATIVE TESTING METHODS FOR PARAMETERS LISTED AT 40 CFR 141.131(d)

Parameter Methodology SM 21st edition 1

Total Organic Carbon (TOC) ...... High Temperature Combustion ...... 5310 B Persulfate-Ultraviolet or Heated Persulfate Oxidation ...... 5310 C Wet Oxidation ...... 5310 D Specific Ultraviolet Absorbance (SUVA) Calculation using DOC and UV254 data ...... Dissolved Organic Carbon (DOC) ... High Temperature Combustion ...... 5310 B Persulfate-Ultraviolet or Heated Persulfate Oxidation ...... 5310 C Wet Oxidation ...... 5310 D Ultraviolet absorption at 254 nm Spectrophotometry ...... 5910 B (UV254).

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.402(c)(2)

SM 20th SM 21st Organism Methodology SM online 3 edition 6 edition 1

E. coli ...... Colilert ...... 9223 B 9223 B–97 Colisure ...... 9223 B 9223 B–97 Colilert-18 ...... 9223 B 9223 B 9223 B–97 Enterococci ...... Multiple-Tube Technique ...... 9230 B–04

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.704(b)

Organism Methodology SM 20th edition 6

E. coli ...... Membrane Filtration, Two Step ...... 9222 D/9222 G

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b)

SM 21st Contaminant Methodology EPA method ASTM 4 SM online 3 edition 1

Aluminum ...... Axially viewed inductively coupled plasma-atomic 200.5, Revision emission spectrometry (AVICP–AES). 4.2 2. Atomic Absorption; Direct ...... 3111 D Atomic Absorption; Furnace ...... 3113 B Inductively Coupled Plasma ...... 3120 B Chloride ...... Silver Nitrate Titration ...... D 512–04 B 4500–Cl¥ B Ion Chromatography ...... 4110 B Potentiometric Titration ...... 4500–Cl¥ D Color ...... Visual Comparison ...... 2120 B Foaming Agents Methylene Blue Active Substances (MBAS) ...... 5540 C Iron ...... Axially viewed inductively coupled plasma-atomic 200.5, Revision emission spectrometry (AVICP–AES). 4.2. Atomic Absorption; Direct ...... 3111 B Atomic Absorption; Furnace ...... 3113 B Inductively Coupled Plasma ...... 3120 B Manganese ...... Axially viewed inductively coupled plasma-atomic 200.5, Revision emission spectrometry (AVICP–AES). 4.2. Atomic Absorption; Direct ...... 3111 B Atomic Absorption; Furnace ...... 3113 B Inductively Coupled Plasma ...... 3120 B Odor ...... Threshold Odor Test ...... 2150 B Silver ...... Axially viewed inductively coupled plasma-atomic 200.5, Revision emission spectrometry (AVICP–AES). 4.2. Atomic Absorption; Direct ...... 3111 B Atomic Absorption; Furnace ...... 3113 B Inductively Coupled Plasma ...... 3120 B Sulfate ...... Ion Chromatography ...... 4110 B ¥2 ¥2 Gravimetric with ignition of residue ...... 4500–SO4 C 4500–SO4 C–97 ¥2 ¥2 Gravimetric with drying of residue ...... 4500–SO4 D 4500–SO4 D–97 ¥2 ¥2 Turbidimetric method ...... 4500–SO4 E 4500–SO4 E–97

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ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b)—Continued

SM 21st Contaminant Methodology EPA method ASTM 4 SM online 3 edition 1

¥2 ¥2 Automated methylthymol blue method ...... 4500–SO4 F 4500–SO4 F–97 Total Dissolved Total Dissolved Solids Dried at 180 deg C ...... 2540 C Solids. Zinc ...... Axially viewed inductively coupled plasma-atomic 200.5, Revision emission spectrometry (AVICP–AES). 4.2. Atomic Absorption; Direct Aspiration ...... 3111 B Inductively Coupled Plasma ...... 3120 B

1 Standard Methods for the Examination of http://www.nemi.gov or from Leck Mitchell, on the suspension date or for further Water and Wastewater, 21st edition (2005). PhD, PE, 656 Independence Valley Dr., Grand information, contact David Stearrett, Available from American Public Health Junction, CO 81507. Mitigation Directorate, Federal 12 Association, 800 I Street, NW., Washington, Orion Method AQ4500, Revision 1.0. Emergency Management Agency, 500 C DC 20001–3710. ‘‘Determination of Turbidity by LED Street, SW., Washington, DC 20472, 2 EPA Method 200.5, Revision 4.2. Nephelometry,’’ May 8, 2009. Available at ‘‘Determination of Trace Elements in http://www.nemi.gov or from Thermo (202) 646–2953. Drinking Water by Axially Viewed Scientific, 166 Cummings Center, Beverly, SUPPLEMENTARY INFORMATION: The NFIP Inductively Coupled Plasma-Atomic MA 01915, http://www.thermo.com. enables property owners to purchase Emission Spectrometry.’’ 2003. EPA/600/R– [FR Doc. E9–18361 Filed 7–31–09; 8:45 am] flood insurance which is generally not 06/115. (Available at http://www.epa.gov/ otherwise available. In return, nerlcwww/ordmeth.htm.) BILLING CODE S 3 Standard Methods Online are available at communities agree to adopt and http://www.standardmethods.org. The year administer local floodplain management in which each method was approved by the DEPARTMENT OF HOMELAND aimed at protecting lives and new Standard Methods Committee is designated SECURITY construction from future flooding. by the last two digits in the method number. Section 1315 of the National Flood The methods listed are the only online Federal Emergency Management Insurance Act of 1968, as amended, 42 versions that may be used. 4 Agency U.S.C. 4022, prohibits flood insurance Available from ASTM International, 100 coverage as authorized under the NFIP, Barr Harbor Drive, West Conshohocken, PA 19428–2959 or http://astm.org. The methods 44 CFR Part 64 42 U.S.C. 4001 et seq.; unless an listed are the only alternative versions that appropriate public body adopts [Docket ID FEMA–2008–0020; Internal adequate floodplain management may be used. Agency Docket No. FEMA–8085] 5 Method D99–003, Revision 3.0. ‘‘Free measures with effective enforcement ¥ ¥ Chlorine Species (HOCl and OCl ) by Test Suspension of Community Eligibility measures. The communities listed in Strip,’’ November 21, 2003. Available from this document no longer meet that Industrial Test Systems, Inc., 1875 Langston AGENCY: Federal Emergency statutory requirement for compliance St., Rock Hill, SC 29730. Management Agency, DHS. with program regulations, 44 CFR part 6 Standard Methods for the Examination of Water and Wastewater, 20th edition (1998). ACTION: Final rule. 59. Accordingly, the communities will Available from American Public Health be suspended on the effective date in SUMMARY: This rule identifies Association, 800 I Street, NW., Washington, the third column. As of that date, flood DC 20001–3710. communities, where the sale of flood insurance will no longer be available in 7 Method ME355.01, Revision 1.0. insurance has been authorized under the community. However, some of these ‘‘Determination of Cyanide in Drinking Water the National Flood Insurance Program communities may adopt and submit the by GC/MS Headspace,’’ May 26, 2009. (NFIP), that are scheduled for required documentation of legally Available at http://www.nemi.gov or from suspension on the effective dates listed enforceable floodplain management James Eaton, H & E Testing Laboratory, 221 within this rule because of State Street, Augusta, ME 04333. (207) 287– measures after this rule is published but noncompliance with the floodplain prior to the actual suspension date. 2727. management requirements of the 8 Systea Easy (1-Reagent). ‘‘Systea Easy (1- These communities will not be Reagent) Nitrate Method,’’ February 4, 2009. program. If the Federal Emergency suspended and will continue their Available at http://www.nemi.gov or from Management Agency (FEMA) receives eligibility for the sale of insurance. A Systea Scientific, LLC., 900 Jorie Blvd., Suite documentation that the community has notice withdrawing the suspension of 35, Oak Brook, IL 60523. adopted the required floodplain the communities will be published in 9 EPA Method 524.3, Version 1.0. management measures prior to the the Federal Register. ‘‘Measurement of Purgeable Organic effective suspension date given in this In addition, FEMA has identified the Compounds in Water by Capillary Column rule, the suspension will not occur and Special Flood Hazard Areas (SFHAs) in Gas Chromatography/Mass Spectrometry,’’ a notice of this will be provided by June 2009. EPA 815–B–09–009. Available at these communities by publishing a http://epa.gov/safewater/methods/ publication in the Federal Register on a Flood Insurance Rate Map (FIRM). The analyticalmethods_ogwdw.html. subsequent date. date of the FIRM, if one has been 10 Mitchell Method M5271, Revision 1.1. DATES: Effective Dates: The effective published, is indicated in the fourth ‘‘Determination of Turbidity by Laser date of each community’s scheduled column of the table. No direct Federal Nephelometry,’’ March 5, 2009. Available at suspension is the third date (‘‘Susp.’’) financial assistance (except assistance http://www.nemi.gov or from Leck Mitchell, listed in the third column of the pursuant to the Robert T. Stafford PhD, PE, 656 Independence Valley Dr., Grand following tables. Junction, CO 81507. Disaster Relief and Emergency 11 Mitchell Method M5331, Revision 1.1. FOR FURTHER INFORMATION CONTACT: If Assistance Act not in connection with a ‘‘Determination of Turbidity by LED you want to determine whether a flood) may legally be provided for Nephelometry,’’ March 5, 2009. Available at particular community was suspended construction or acquisition of buildings

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in identified SFHAs for communities the requirements of 44 CFR part 10, federalism implications under Executive not participating in the NFIP and Environmental Considerations. No Order 13132. identified for more than a year, on environmental impact assessment has Executive Order 12988, Civil Justice FEMA’s initial flood insurance map of been prepared. Reform. This rule meets the applicable the community as having flood-prone Regulatory Flexibility Act. The standards of Executive Order 12988. areas (section 202(a) of the Flood Administrator has determined that this Paperwork Reduction Act. This rule Disaster Protection Act of 1973, 42 rule is exempt from the requirements of does not involve any collection of U.S.C. 4106(a), as amended). This the Regulatory Flexibility Act because information for purposes of the prohibition against certain types of the National Flood Insurance Act of Paperwork Reduction Act, 44 U.S.C. Federal assistance becomes effective for 1968, as amended, 42 U.S.C. 4022, 3501 et seq. the communities listed on the date prohibits flood insurance coverage List of Subjects in 44 CFR Part 64 shown in the last column. The unless an appropriate public body Administrator finds that notice and adopts adequate floodplain management Flood insurance, Floodplains. public comment under 5 U.S.C. 553(b) measures with effective enforcement ■ Accordingly, 44 CFR part 64 is are impracticable and unnecessary measures. The communities listed no amended as follows: because communities listed in this final longer comply with the statutory rule have been adequately notified. requirements, and after the effective PART 64—[AMENDED] Each community receives 6-month, date, flood insurance will no longer be 90-day, and 30-day notification letters ■ 1. The authority citation for part 64 available in the communities unless addressed to the Chief Executive Officer continues to read as follows: remedial action takes place. stating that the community will be Authority: 42 U.S.C. 4001 et seq.; suspended unless the required Regulatory Classification. This final Reorganization Plan No. 3 of 1978, 3 CFR, floodplain management measures are rule is not a significant regulatory action 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, met prior to the effective suspension under the criteria of section 3(f) of 3 CFR, 1979 Comp.; p. 376. date. Since these notifications were Executive Order 12866 of September 30, § 64.6 [Amended] made, this final rule may take effect 1993, Regulatory Planning and Review, within less than 30 days. 58 FR 51735. ■ 2. The tables published under the National Environmental Policy Act. Executive Order 13132, Federalism. authority of § 64.6 are amended as This rule is categorically excluded from This rule involves no policies that have follows:

Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs

Region II New York: Blooming Grove, Town of, Orange 360608 May 8, 1975, Emerg; November 15, 1985, Aug. 3, 2009 ..... Aug. 3, 2009. County. Reg; August 3, 2009, Susp. Chester, Town of, Orange County ...... 360870 March 31, 1975, Emerg; September 18, ...... *do ...... Do. 1986, Reg; August 3, 2009, Susp. Chester, Village of, Orange County ...... 361541 July 23, 1975, Emerg; September 18, 1986, ...... do ...... Do. Reg; August 3, 2009, Susp. Cornwall, Town of, Orange County...... 360611 April 15, 1975, Emerg; September 30, ...... do ...... Do. 1982, Reg; August 3, 2009, Susp. Cornwall on Hudson, Village of, Orange 360610 July 18, 1974, Emerg; August 2, 1982, Reg; ...... do ...... Do. County. August 3, 2009, Susp. Crawford, Town of, Orange County ...... 361250 October 1, 1975, Emerg; September 30, ...... do ...... Do. 1982, Reg; August 3, 2009, Susp. Florida, Village of, Orange County ...... 360613 July 28, 1975, Emerg; December 4, 1986, ...... do ...... Do. Reg; August 3, 2009, Susp. Goshen, Town of, Orange County ...... 360614 April 4, 1975, Emerg; April 30, 1986, Reg; ...... do ...... Do. August 3, 2009, Susp. Goshen, Village of, Orange County ...... 361571 July 7, 1975, Emerg; April 30, 1986, Reg; ...... do ...... Do. August 3, 2009, Susp. Greenwood Lake, Village of, Orange 360616 January 23, 1974, Emerg; June 15, 1979, ...... do ...... Do. County. Reg; August 3, 2009, Susp. Highland Falls, Village of, Orange 361453 July 2, 1974, Emerg; June 25, 1976, Reg; ...... do ...... Do. County. August 3, 2009, Susp. Highlands, Township of, Orange County 361251 June 9, 1975, Emerg; November 30, 1979, ...... do ...... Do. Reg; August 3, 2009, Susp. Kiryas Joel, Village of, Orange County 361610 August 31, 1994, Emerg; June 14, 2002, ...... do ...... Do. Reg; August 3, 2009, Susp. Middletown, City of, Orange County ..... 360619 May 14, 1975, Emerg; March 2, 1983, Reg; ...... do ...... Do. August 3, 2009, Susp. Monroe, Village of, Orange County ...... 360622 March 10, 1975, Emerg; January 6, 1982, ...... do ...... Do. Reg; August 3, 2009, Susp. Montgomery, Town of, Orange County 360623 July 22, 1975, Emerg; October 16, 1984, ...... do ...... Do. Reg; August 3, 2009, Susp. Montgomery, Village of, Orange County 360624 May 16, 1974, Emerg; October 16, 1984, ...... do ...... Do. Reg; August 3, 2009, Susp.

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Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs

New Windsor, Town of, Orange County 360628 March 1, 1974, Emerg; December 15, ...... do ...... Do. 1978, Reg; August 3, 2009, Susp. Newburgh, City of, Orange County ...... 360626 June 9, 1975, Emerg; June 5, 1985, Reg; ...... do ...... Do. August 3, 2009, Susp. Newburgh, Town of, Orange County .... 360627 July 22, 1975, Emerg; June 5, 1985, Reg; ...... do ...... Do. August 3, 2009, Susp. Tuxedo, Town of, Orange County ...... 360631 June 2, 1975, Emerg; April 15, 1985, Reg; ...... do ...... Do. August 3, 2009, Susp. Unionville, Village of, Orange County ... 360633 July 2, 1975, Emerg; July 6, 1984, Reg; Au- ...... do ...... Do. gust 3, 2009, Susp. Wallkill, Town of, Orange County...... 360634 March 28, 1975, Emerg; September 4, ...... do ...... Do. 1986, Reg; August 3, 2009, Susp. Warwick, Town of, Orange County ...... 360636 August 5, 1974, Emerg; October 15, 1985, ...... do ...... Do. Reg; August 3, 2009, Susp. Washingtonville, Village of, Orange 360638 August 11, 1972, Emerg; April 1, 1981, ...... do ...... Do. County. Reg; August 3, 2009, Susp. Woodbury, Village of, Orange County .. 360640 March 13, 1975, Emerg; March 18, 1987, ...... do ...... Do. Reg; August 3, 2009, Susp. Region IV Alabama: Blount County, Unincorporated Areas ... 010230 July 22, 1987, Emerg; June 17, 1991, Reg; ...... do ...... Do. August 3, 2009, Susp. Blountsville, Town of, Blount County .... 010371 December 3, 2008, Emerg; NA, Reg; Au- ...... do ...... Do. gust 3, 2009, Susp. Oneonta, City of, Blount County ...... 010015 July 15, 1975, Emerg; August 19, 1986, ...... do ...... Do. Reg; August 3, 2009, Susp. Snead, Town of, Blount County ...... 010227 May 8, 2008, Emerg; NA, Reg; August 3, ...... do ...... Do. 2009, Susp. Kentucky: Livingston, City of, Rockcastle County .. 210202 August 20, 1975, Emerg; June 17, 1986, ...... do ...... Do. Reg; August 3, 2009, Susp. McKee, City of, Jackson County ...... 210119 March 31, 1975, Emerg; July 17, 1986, ...... do ...... Do. Reg; August 3, 2009, Susp. Mount Vernon, City of, Rockcastle 210374 September 4, 1996, Emerg; NA, Reg; Au- ...... do ...... Do. County. gust 3, 2009, Susp. Spencer County, Unincorporated Areas 210211 August 8, 1975, Emerg; June 3, 1986, Reg; ...... do ...... Do. August 3, 2009, Susp. Taylorsville, City of, Spencer County .... 210247 September 26, 1975, Emerg; June 4, 1987, ...... do ...... Do. Reg; August 3, 2009, Susp. North Carolina: Ahoskie, Town of, Hertford County ...... 370131 May 13, 1974, Emerg; May 1, 1987, Reg; ...... do ...... Do. August 3, 2009, Susp. Cofield, Town of, Hertford County ...... 370409 August 7, 2001, Emerg; NA, Reg; August 3, ...... do ...... Do. 2009, Susp. Hertford County, Unincorporated Areas 370130 October 6, 1995, Emerg; November 1, ...... do ...... Do. 1999, Reg; August 3, 2009, Susp. Murfreesboro, Town of, Hertford County 370419 March 12, 1980, Emerg; June 1, 1987, ...... do ...... Do. Reg; August 3, 2009, Susp. Winton, Town of, Hertford County ...... 370424 August 3, 1979, Emerg; July 1, 1987, Reg; ...... do ...... Do. August 3, 2009, Susp. Tennessee: Clifton, City of, Wayne County ...... 470200 May 2, 1980, Emerg; March 4, 1988, Reg; ...... do ...... Do. August 3, 2009, Susp. Jackson, City of, Madison County ...... 470113 April 18, 1974, Emerg; July 5, 1983, Reg; ...... do ...... Do. August 3, 2009, Susp. Madison County, Unincorporated Areas 470112 April 23, 1974, Emerg; July 5, 1983, Reg; ...... do ...... Do. August 3, 2009, Susp. Medon, Town of, Madison County ...... 470403 NA, Emerg; November 1, 2007, Reg; Au- ...... do ...... Do. gust 3, 2009, Susp. Wayne County, Unincorporated Areas.. 470199 August 15, 2003, Emerg; June 1, 2005, ...... do ...... Do. Reg; August 3, 2009, Susp. Waynesboro, City of, Wayne County .... 470201 February 13, 1976, Emerg; January 16, ...... do ...... Do. 1987, Reg; August 3, 2009, Susp. Region V Illinois: Barrington Hills, Village of, Cook, 170058 April 3, 1975, Emerg; August 10, 1979, ...... do ...... Do. Kane, Lake, McHenry County. Reg; August 3, 2009, Susp. Indiana: Allen County, Unincorporated Areas ..... 180302 February 14, 1974, Emerg; September 28, ...... do ...... Do. 1990, Reg; August 3, 2009, Susp.

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Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs

Fort Wayne, City of, Allen County ...... 180003 May 24, 1974, Emerg; April 3, 1985, Reg; ...... do ...... Do. August 3, 2009, Susp. Grabill, Town of, Allen County ...... 180499 NA, Emerg; October 17, 1990, Reg; August ...... do ...... Do. 3, 2009, Susp. Huntertown, Town of, Allen County ...... 180005 July 29, 1975, Emerg; November 2, 1983, ...... do ...... Do. Reg; August 3, 2009, Susp. Leo-Cedarville, Town of, Allen County .. 180518 NA, Emerg; February 9, 2000, Reg; August ...... do ...... Do. 3, 2009, Susp. Monroeville, Town of, Allen County ...... 180498 NA, Emerg; October 17, 1990, Reg; August ...... do ...... Do. 3, 2009, Susp. Newhaven, City of, Allen County ...... 180004 January 30, 1975, Emerg; July 18, 1983, ...... do ...... Do. Reg; August 3, 2009, Susp. Woodburn, City of, Allen County ...... 180500 NA, Emerg; October 17, 1990, Reg; August ...... do ...... Do. 3, 2009, Susp. Region VI Oklahoma: Bixby, City of, Tulsa County...... 400207 March 6, 1974, Emerg; September 28, ...... do ...... Do. 1979, Reg; August 3, 2009, Susp. Broken Arrow, City of, Tulsa County ..... 400236 November 27, 1974, Emerg; August 17, ...... do ...... Do. 1981, Reg; August 3, 2009, Susp. Collinsville, City of, Tulsa County ...... 400360 November 21, 1975, Emerg; July 2, 1981, ...... do ...... Do. Reg; August 3, 2009, Susp. Glenpool, City of, Tulsa County ...... 400208 February 6, 1975, Emerg; March 2, 1981, ...... do ...... Do. Reg; August 3, 2009, Susp. Jenks, City of, Tulsa County ...... 400209 November 1, 1974, Emerg; February 17, ...... do ...... Do. 1982, Reg; August 3, 2009, Susp. Owasso, City of, Tulsa County ...... 400210 April 26, 1974, Emerg; July 2, 1981, Reg; ...... do ...... Do. August 3, 2009, Susp. Sand Springs, City of, Tulsa County ..... 400211 August 5, 1974, Emerg; June 15, 1981, ...... do ...... Do. Reg; August 3, 2009, Susp. Skiatook, Town of, Tulsa County ...... 400212 July 2, 1974, Emerg; July 16, 1980, Reg; ...... do ...... Do. August 3, 2009, Susp. Sperry, Town of, Tulsa County ...... 400213 June 17, 1975, Emerg; July 16, 1981, Reg; ...... do ...... Do. August 3, 2009, Susp. Tulsa, City of, Tulsa County...... 405381 November 20, 1970, Emerg; August 13, ...... do ...... Do. 1971, Reg; August 3, 2009, Susp. Tulsa County, Unincorporated Areas.... 400462 April 21, 1975, Emerg; September 16, ...... do ...... Do. 1982, Reg; August 3, 2009, Susp. Region VII Iowa: Delhi, City of, Delaware County ...... 190566 December 17, 1999, Emerg; NA, Reg; Au- ...... do ...... Do. gust 3, 2009, Susp. Dundee, City of, Delaware County...... 190363 November 30, 1977, Emerg; August 1, ...... do ...... Do. 1986, Reg; August 3, 2009, Susp. Hopkinton, City of, Delaware County .... 190364 February 12, 1982, Emerg; July 2, 1987, ...... do ...... Do. Reg; August 3, 2009, Susp. Manchester, City of, Delaware County 190112 April 25, 1975, Emerg; October 15, 1982, ...... do ...... Do. Reg; August 3, 2009, Susp. Masonville, City of, Delaware County ... 190365 October 28, 1993, Emerg; July 1, 1997, ...... do ...... Do. Reg; August 3, 2009, Susp. Ryan, City of, Delaware County ...... 190801 April 26, 2005, Emerg; NA, Reg; August 3, ...... do ...... Do. 2009, Susp. Kansas: DeSoto, City of, Johnson County...... 200161 May 16, 1975, Emerg; August 1, 1979, ...... do ...... Do. Reg; August 3, 2009, Susp. Edgerton, City of, Johnson County ...... 200162 January 12, 1976, Emerg; August 1, 1979, ...... do ...... Do. Reg; August 3, 2009, Susp. Gardner, City of, Johnson County ...... 200164 June 25, 1975, Emerg; April 15, 1977, Reg; ...... do ...... Do. August 3, 2009, Susp. Johnson County, Unincorporated Areas 200159 September 17, 1979, Emerg; August 15, ...... do ...... Do. 1980, Reg; August 3, 2009, Susp. Leawood, City of, Johnson County ...... 200167 September 1, 1972, Emerg; September 30, ...... do ...... Do. 1977, Reg; August 3, 2009, Susp. Lenexa, City of, Johnson County ...... 200168 June 12, 1975, Emerg; August 1, 1977, ...... do ...... Do. Reg; August 3, 2009, Susp. Merriam, City of, Johnson County ...... 200169 April 14, 1975, Emerg; May 15, 1978, Reg; ...... do ...... Do. August 3, 2009, Susp. Olathe, City of, Johnson County ...... 200173 January 19, 1973, Emerg; November 15, ...... do ...... Do. 1978, Reg; August 3, 2009, Susp.

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Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs

Overland Park, City of, Johnson County 200174 September 8, 1972, Emerg; September 30, ...... do ...... Do. 1977, Reg; August 3, 2009, Susp. Roeland Park, City of, Johnson County 200176 November 7, 1975, Emerg; June 30, 1976, ...... do ...... Do. Reg; August 3, 2009, Susp. Shawnee, City of, Johnson County ...... 200177 February 24, 1975, Emerg; November 15, ...... do ...... Do. 1978, Reg; August 3, 2009, Susp. Region IX California: Alameda, City of, Alameda County ...... 060002 June 26, 1975, Emerg; August 1, 1978, ...... do ...... Do. Reg; August 3, 2009, Susp. Berkeley, City of, Alameda County ...... 060004 October 22, 1971, Emerg; September 1, ...... do ...... Do. 1978, Reg; August 3, 2009, Susp. Newark, City of, Alameda County ...... 060009 April 22, 1974, Emerg; December 1, 1978, ...... do ...... Do. Reg; August 3, 2009, Susp. Oakland, City of, Alameda County ...... 065048 December 4, 1970, Emerg; September 30, ...... do ...... Do. 1982, Reg; August 3, 2009, Susp. *-do- =Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Deborah Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9–18406 Filed 7–31–09; 8:45 am] BILLING CODE 9110–12–P

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Proposed Rules Federal Register Vol. 74, No. 147

Monday, August 3, 2009

This section of the FEDERAL REGISTER All written comments received on this 200.14 Responsibility for maintaining contains notices to the public of the proposed document by October 2, 2009, will be adequate safeguards. issuance of rules and regulations. The fully considered before publication of 200.15 Systems of records covered by purpose of these notices is to give interested the final rule. Any information exemptions. 200.16 Mailing lists. persons an opportunity to participate in the considered confidential must be so rule making prior to the adoption of the final Authority: 5 U.S.C. 552a(f). rules. identified and submitted in writing. Comments submitted anonymously will § 200.1 Purpose and scope. not be considered. However, name and/ This part sets forth the policies and or address may be withheld on request. RECOVERY ACCOUNTABILITY AND procedures of the Board regarding TRANSPARENCY BOARD Executive Order 12866 access to systems of records maintained 4 CFR Part 200 The proposed regulation does not by the Board under the Privacy Act, meet the criteria for a significant Public Law 93–579, 5 U.S.C. 552a. The RIN 0430–AA00 regulatory action under Executive Order provisions in the Act shall take 12866. Therefore, review by the Office precedence over any part of the Board’s Implementation of Privacy Act of 1974 of Management and Budget is not regulations in conflict with the Act. required. These regulations establish procedures AGENCY: Recovery Accountability and by which an individual may exercise Transparency Board. Regulatory Flexibility Act the rights granted by the Privacy Act to ACTION: Proposed rule. The proposed rule adds Privacy Act determine whether a Board system of regulations to 4 CFR part 200 and will records contains a record pertaining to SUMMARY: The Recovery Accountability not have a significant economic impact him or her; to gain access to such and Transparency Board (Board) is on a substantial number of small records; and to request correction or proposing to implement a set of entities. amendment of such records. These procedural regulations under the regulations also set identification Paperwork Reduction Act Privacy Act of 1974 (Privacy Act or the requirements and prescribe fees to be Act), Public Law 93–579, 5 U.S.C. 552a. The rule imposes no additional charged for copying records. The proposed regulations have been recording and recordkeeping written to conform to the statutory requirements and is therefore exempt § 200.2 Definitions. provisions of the Act. They are intended from the requirements of the Paperwork As used in this part: to expedite the processing of Privacy Reduction Act. (a) Agency means any executive Act requests received by the Board and department, military department, to ensure the proper dissemination of List of Subjects in 4 CFR Part 200 government corporation, or other information to the public. Administrative practice and establishment in the executive branch of DATES: Comments on the proposed rule procedure, Privacy, Reporting and the federal government, including the should be submitted no later than recordkeeping requirements. Executive Office of the President or any October 2, 2009. Under the authority at Public Law independent regulatory agency; (b) Individual means any citizen of ADDRESSES: Comments on this proposed 111–5, 123 Stat. 115 (2009), the Board rule may be submitted: proposes to amend Title 4 of the Code the United States or an alien lawfully By Mail or Hand Delivery: Office of of Federal Regulations by establishing a admitted for permanent residence; (c) Maintain means to collect, use, General Counsel, Recovery new Chapter II, consisting of Part 200 to store, or disseminate records as well as Accountability and Transparency Board, read as follows: any combination of these recordkeeping 1717 Pennsylvania Avenue, NW., Suite CHAPTER II—RECOVERY functions. The term also includes 700, Washington, DC 20006; ACCOUNTABILITY AND TRANSPARENCY exercise of control over, and therefore By Fax: (202) 254–7970; or BOARD responsibility and accountability for, By E-mail to the Board: PART 200—PRIVACY ACT OF 1974 systems of records; [email protected]. (d) Record means any item, collection, All comments on this proposed Sec. or grouping of information about an Privacy Act rule should be clearly 200.1 Purpose and scope. individual that is maintained by the identified as such. 200.2 Definitions. Board and contains the individual’s 200.3 Privacy Act records maintained by FOR FURTHER INFORMATION CONTACT: name or other identifying information, Jennifer Dure, General Counsel, (202) the Board. 200.4 Privacy Act inquiries. such as a number or symbol assigned to 254–7900. 200.5 Requests for access to records. the individual or his or her fingerprint, SUPPLEMENTARY INFORMATION: This 200.6 Processing of requests. voice print, or photograph. The term proposed rule is intended to set forth 200.7 Fees. includes, but is not limited to, the procedures to be used by members 200.8 Appealing denials of access. information regarding an individual’s of the public when requesting records 200.9 Requests for correction of records. education, financial transactions, from the Board under the Privacy Act. 200.10 Disclosure of records to third parties. medical history, and criminal or It also establishes a timeframe for 200.11 Maintaining records of disclosures. employment history; responses, a fee schedule for copying 200.12 Notification of systems of Privacy (e) System of records means a group records, and charges for obtaining Act records. of records under the control of the information, when applicable. 200.13 Privacy Act training. Board from which information is

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retrievable by use of the name of the (d) Telephone inquiries may be made (b) Requests in person or by individual or by some number, symbol, by calling the Board’s Privacy Act telephone. Within 15 days of the initial or other identifying particular assigned Officer at (202) 254–7900. request, the Privacy Act Officer will to the individual; contact the requester and arrange an (f) Routine use means, with respect to § 200.5 Requests for access to records. appointment at a mutually agreeable the disclosure of a record, the use of a (a) All requests for records should time when the record can be examined. record for a purpose that is compatible include the following information: The requester may be accompanied by with the purpose for which it was (1) Full name, address, and telephone no more than one person. In such case, collected; number of requester. the requestor must inform the Privacy (g) Designated Privacy Act Officer (2) The system of records containing Act Officer that a second individual will means the person named by the Board the desired information. be present and must sign a statement to administer the Board’s activities in (3) Any other information that the authorizing disclosure of the records to regard to the regulations in this part; requester believes would help locate the that person. The statement will be kept (h) Executive Director means the chief record. with the requester’s records. At the operating officer of the Board; (b) Requests in writing. A person may appointment, the requester will be (i) Days means standard working request access to his or her own records asked to present identification as stated days, excluding weekends and Federal in writing by addressing a letter to: in § 200.5(e). holidays. Privacy Act Officer, Recovery (c) Excluded information. If a request Accountability and Transparency Board, is received for information compiled in § 200.3 Privacy Act records maintained by 1717 Pennsylvania Avenue, NW., Suite the Board. reasonable anticipation of litigation, the 700, Washington, DC 20006. Privacy Act Officer will inform the (a) The Board shall maintain only (c) Requests by fax. A person may requester that the information is not such information about an individual as request access to his or her records by subject to release under the Privacy Act is relevant and necessary to accomplish facsimile at (202) 254–7970. (see 5 U.S.C. 552a(d)(5)). a purpose of the agency required by (d) Requests by phone. A person may statute or by Executive Order of the request access to his or her records by § 200.7 Fees. President. In addition, the Board shall calling the Privacy Act Officer at (202) A fee will not be charged for maintain all records that are used in 254–7900. searching, reviewing, or making making determinations about any (e) Requests in person. Any person corrections to records. A fee for copying individual with such accuracy, may examine and request copies of his will be assessed at the same rate relevance, timeliness, and completeness or her own records on the Board’s established for the Freedom of as is reasonably necessary to ensure premises. The requester should contact Information Act requests. Duplication fairness to that individual in the making the Board’s office at least one week fees for paper copies of a record will be of any determination about him or her. before the desired appointment date. 10 cents per page for black and white However, the Board shall not be This request may be made to the Privacy and 20 cents per page for color. For all required to update retired records. Act Officer in writing or by calling (202) other forms of duplication, the Board (b) The Board shall not maintain any 254–7900. Before viewing the records, will charge the direct costs of producing record about any individual with proof of identification must be the copy. However, the first 100 pages respect to or describing how such provided. The identification should be a of black-and-white copying or its individual exercises rights guaranteed valid copy of one of the following: equivalent will be free of charge. by the First Amendment of the • A government ID; Constitution of the United States, unless • A driver’s license; § 200.8 Appealing denials of access. expressly authorized by statute or by the • A passport; or If access to records is denied by the subject individual, or unless pertinent • Other current identification that Privacy Act Officer, the requester may to and within the scope of an authorized contains both an address and a picture file an appeal in writing. The appeal law enforcement activity. of the requester. should be directed to Executive Director, Recovery Accountability and § 200.4 Privacy Act inquiries. § 200.6 Processing of requests. Transparency Board, 1717 Pennsylvania (a) Inquiries regarding the contents of Upon receipt of a request for Avenue, NW., Suite 700, Washington, record systems. Any person wanting to information, the Privacy Act Officer will DC 20006. know whether the Board’s systems of ascertain whether the records identified The appeal letter must specify the records contain a record pertaining to by the requester exist, and whether they denied records that are still sought, and him or her may file an inquiry in are subject to any exemption under state why denial by the Privacy Act person, by mail or by telephone. § 200.15 below. Officer is erroneous. (b) Inquiries in person may be If the records exist and are not subject The Executive Director or his or her submitted at the Board’s headquarters to exemption, the Privacy Act Officer designee will respond to appeals within located at 1717 Pennsylvania Avenue, will provide the information. 20 working days of the receipt of the NW., Suite 700, Washington, DC 20006. (a) Requests in writing, including appeal letter. The appeal determination Inquiries should be marked ‘‘Privacy those sent by fax. Within five working will explain the basis of the decision to Act Inquiry’’ on each page of the inquiry days of receiving the request, the deny or grant the appeal. and on the front of the envelope and Privacy Act Officer will acknowledge its directed to the Privacy Act Officer. receipt and will advise the requester of § 200.9 Requests for correction of records. (c) Inquiries by mail may be sent to: any additional information that may be (a) Correction requests. Any person is Privacy Act Officer, Recovery needed. Within 15 working days of entitled to request correction of his or Accountability and Transparency Board, receiving the request, the Privacy Act her record(s) covered under the Act. The 1717 Pennsylvania Avenue, NW., Suite Officer will send the requested request must be made in writing and 700, Washington, DC 20006. ‘‘Privacy information or will explain to the should be addressed to Privacy Act Act Inquiry’’ should be written on the requester why additional time is needed Officer, Recovery Accountability and envelope and each page of the inquiry. for a response. Transparency Board, 1717 Pennsylvania

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Avenue, NW., Suite 700, Washington, head of the agency or instrumentality (b) An accounting of each disclosure DC 20006. The letter should clearly has made a written request to the Board shall be retained for at least five years identify the corrections desired. In most for such records specifying the after the accounting is made or for the circumstances, an edited copy of the particular part desired and the law life of the record that was disclosed, record will be acceptable for this enforcement activity for which the whichever is longer. purpose. record is sought. The Board also may (c) The Board shall make the (b) Initial response. Receipt of a disclose such a record to a law accounting of disclosure of a record correction request will be acknowledged enforcement agency on its own pertaining to an individual available to by the Privacy Act Officer in writing initiative in situations in which that individual at his or her request. within five working days. The Privacy criminal conduct is suspected, provided Such a request should be made in Act Officer will provide a letter to the that such disclosure has been accordance with the procedures set requester within 20 working days established as a routine use, or in forth in § 200.5. This paragraph (c) does stating whether the request for situations in which the misconduct is not apply to disclosure made for law correction has been granted or denied. directly related to the purpose for which enforcement purposes under 5 U.S.C. If the Privacy Act Officer denies any the record is maintained. 552a(b)(7) and § 200.10(a)(7). part of the correction request, the (8) To a person pursuant to a showing reasons for the denial will be provided § 200.12 Notification of systems of Privacy of compelling circumstances affecting Act records. to the requester. the health or safety of an individual if, upon such disclosure, notification is (a) Public Notice. The Board § 200.10 Disclosure of records to third periodically reviews its systems of parties. transmitted to the last known address of such individual. records and will publish information (a) The Board will not disclose any about any significant additions or record that is contained in a system of (9) To either House of Congress, or, to the extent of matters within its changes to those systems in the Federal records to any person or agency, except Register. Information about systems of with a written request by or with the jurisdiction, any committee or subcommittee thereof, any joint records maintained by other agencies prior written consent of the individual that are in the temporary custody of the whose record is requested, unless committee of Congress or subcommittee of any such joint committee. Board will not be published. In disclosure of the record is: addition, the Office of the Federal (10) To the Comptroller General, or (1) Required by an employee or agent Register biennially compiles and any of his or her authorized of the Board in the performance of his/ publishes all systems of records representatives, in the course of the her official duties. maintained by all federal agencies, performance of official duties of the (2) Required under the provisions of including the Board. Government Accountability Office. the Freedom of Information Act (5 (b) At least 30 days before publishing U.S.C. 552). Records required to be (11) Pursuant to an order of a court of additions or changes to the Board’s made available by the Freedom of competent jurisdiction. In the event that systems of records, the Board will Information Act will be released in any record is disclosed under such publish a notice of intent to amend, response to a request in accordance with compulsory legal process, the Board providing the public with an the Board’s regulation published at 4 shall make reasonable efforts to notify opportunity to comment on the CFR Part 201. the subject individual after the process proposed amendments to its systems of (3) For a routine use as published in becomes a matter of public record. records in the Federal Register. the annual notice in the Federal (12) To a consumer reporting agency Register. in accordance with 31 U.S.C. 3711(e). § 200.13 Privacy Act training. (4) To the Census Bureau for planning (b) Before disseminating any record (a) The Board shall ensure that all or carrying out a census, survey, or about any individual to any person persons involved in the design, related activities pursuant to the other than a Board employee, the Board development, operation, or maintenance provisions of Title 13 of the United shall make reasonable efforts to ensure of any Board systems of records are States Code. that the records are, or at the time they informed of all requirements necessary (5) To a recipient who has provided were collected, accurate, complete, to protect the privacy of individuals. the Board with adequate advance timely, and relevant. This paragraph (b) The Board shall ensure that all written assurance that the record will be does not apply to disseminations made employees having access to records used solely as a statistical research or pursuant to the provisions of the receive adequate training in their reporting record and that the record is Freedom of Information Act (5 U.S.C. protection and that records have to be transferred in a form that is not 552) and paragraph (a)(2) of this section. adequate and proper storage with individually identifiable. sufficient security to ensure their (6) To the National Archives and § 200.11 Maintaining records of disclosure. privacy. Records Administration as a record that (b) All employees shall be informed of has sufficient historical or other value to (a) The Board shall maintain a log the civil remedies provided under 5 warrant its continued preservation by containing the date, nature, and U.S.C. 552a(g)(1) and other implications the United States government, or for purposes of each disclosure of a record of the Privacy Act and of the fact that evaluation by the Archivist of the to any person or agency. Such the Board may be subject to civil United States, or his or her designee, to accounting also shall contain the name remedies for failure to comply with the determine whether the record has such and address of the person or agency to provisions of the Privacy Act and the value. whom or to which each disclosure was regulations in this part. (7) To another agency or to an made. This log will not include instrumentality of any governmental disclosures made to Board employees or § 200.14 Responsibility for maintaining jurisdiction within or under the control agents in the course of their official adequate safeguards. of the United States for a civil or duties or pursuant to the provisions of The Board has the responsibility for criminal law enforcement activity, if the the Freedom of Information Act (5 maintaining adequate technical, activity is authorized by law, and if the U.S.C. 552). physical, and security safeguards to

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prevent unauthorized disclosure or (3) All persons whose duties require ADDRESSES: Comments on this proposed destruction of manual and automated access to processing and maintenance of rule may be submitted: records systems. These security identifiable personal data and By Mail or Hand Delivery: Office of safeguards shall apply to all systems of automated systems shall be adequately General Counsel, Recovery records in which identifiable personal trained in the security and privacy of Accountability and Transparency Board, data are processed or maintained, personal data. 1717 Pennsylvania Avenue, NW., Suite including all reports and output from (4) The disposal and disposition of 700, Washington, DC 20006; such systems of records that contain identifiable personal data and By Fax: (202) 254–7970; or identifiable personal information. Such automated systems shall be done by By E-mail to the Board: safeguards must be sufficient to prevent shredding, burning, or, in the case of [email protected]. negligent, accidental, or unintentional electronic records, by degaussing or by disclosure, modification, or destruction overwriting with the appropriate All comments on this proposed FOIA of any personal records or data; must security software, in accordance with rule should be clearly identified as minimize, to the extent practicable, the regulations of the Archivist of the such. risk that skilled technicians or United States or other appropriate FOR FURTHER INFORMATION CONTACT: knowledgeable persons could authority. Jennifer Dure, General Counsel, (202) improperly obtain access to modify or 254–7900. destroy such records or data; and shall § 200.15 Systems of records covered by further ensure against such casual entry exemptions. SUPPLEMENTARY INFORMATION: This by unskilled persons without official The Board currently has no exempt proposed rule is intended to set forth reasons for access to such records or systems of records. the procedures for members of the data. public to request records from the Board (a) Manual systems. (1) Records § 200.16 Mailing lists. under both the FOIA and the Electronic contained in a system of records as The Board shall not sell or rent an Freedom of Information Act defined in this part may be used, held, individual’s name and/or address unless Amendments of 1996. The rule also sets or stored only where facilities are such action is specifically authorized by forth the procedures that the Board will adequate to prevent unauthorized access law. This section shall not be construed use when responding to such requests. by persons within or outside the Board. to require the withholding of names and It sets up the time frames for responses (2) Access to and use of a system of addresses otherwise permitted to be and the current fee schedule for any records shall be permitted only to made public. applicable charges for information. The persons whose duties require such Ivan J. Flores, rule also supplies information about access to the information for routine Board materials available to the public Paralegal Specialist, Recovery Accountability uses or for such other uses as may be and Transparency Board. through the Board’s Web site. provided in this part. (3) Other than for access by [FR Doc. E9–18352 Filed 7–31–09; 8:45 am] Executive Order No. 12866 employees or agents of the Board, access BILLING CODE 6820–GA–P These proposed regulations do not to records within a system of records meet the criteria for a significant shall be permitted only to the individual RECOVERY ACCOUNTABILITY AND regulatory action under Executive Order to whom the record pertains or upon his TRANSPARENCY BOARD 12866. Thus, review by the Office of or her written request. Management and Budget is not required. (4) The Board shall ensure that all 4 CFR Part 201 persons whose duties require access to Regulatory Flexibility Act and use of records contained in a system RIN 0430–AA01 These proposed regulations will not of records are adequately trained to have a significant economic impact on protect the security and privacy of such Rule Implementing the Freedom of a substantial number of small entities. records. Information Act Therefore, a regulatory flexibility (5) The disposal and destruction of analysis as provided by the Regulatory identifiable personal data records shall AGENCY: Recovery Accountability and Transparency Board. Flexibility Act, as amended, is not be done by shredding and in accordance required. with rules promulgated by the Archivist ACTION: Proposed rule. of the United States. Paperwork Reduction Act (b) Automated systems. (1) SUMMARY: The Recovery Accountability These proposed regulations impose Identifiable personal information may and Transparency Board (Board) is no additional reporting and be processed, stored, or maintained by proposing to implement a set of recordkeeping requirements. Therefore, automated data systems only where procedural regulations under the clearance by the Office of Management facilities or conditions are adequate to Freedom of Information Act (FOIA) in and Budget is not required. prevent unauthorized access to such accordance with 5 U.S.C. 552, and systems in any form. Public Law 104–231, the Electronic List of Subjects in 4 CFR Part 201 (2) Access to and use of identifiable Freedom of Information Act personal data associated with automated Amendments of 1996. These proposed Administrative practice and data systems shall be limited to those regulations have been written to procedure; Freedom of Information; persons whose duties require such conform to the statutory provisions in Reporting and recordkeeping access. Proper control of personal data the Acts, to expedite the processing of requirements. in any form associated with automated FOIA requests received by the Board, Therefore, the Board proposes to data systems shall be maintained at all and to ensure the proper dissemination amend Chapter II of Title 4 of the Code times, including maintenance of of information to the public. of Federal Regulations, as proposed accountability records showing DATES: Comments on the proposed rule elsewhere in this issue of the Federal disposition of input and output should be submitted no later than Register, by adding part 201 to read as documents. October 2, 2009. follows:

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PART 201—PUBLIC INFORMATION (b) Board—The Recovery (c) Specifically exempted from AND REQUESTS Accountability and Transparency Board. disclosure by another Federal statute, (c) Chairman—The Chairman of the provided that such statute: Sec. Board is designated or appointed by the (1) Requires that records are withheld 201.1 Scope. President. from the public in such a manner that 201.2 Definitions. (d) Designated FOIA Officer—The leaves no discretion on the issue; or 201.3 Electronic reading room. (2) Establishes criteria for withholding 201.4 Board records exempt from public person designated to administer the disclosure. Board’s activities in regard to the or refers to particular types of matters to 201.5 Requests for Board records. regulations in this part. The FOIA be withheld. 201.6 Responsibility, form, and content of Officer shall be: (d) Trade secrets, and commercial or financial information obtained from a responses. (1) The Board officer having custody person and privileged or confidential. 201.7 Time of responses to requests. of, or responsibility for, agency records (e) Interagency or intra-agency 201.8 Fees. in the possession of the Board. 201.9 Restrictions on charging fees. memoranda or letters that would not be 201.10 Notice of anticipated fees. (2) The Board officer having available by law to a party other than an 201.11 Requirements for waiver or responsibility for authorizing or denying agency in litigation with the Board. reduction of fees. production of records from requests (f) Personnel, medical, or similar files 201.12 Denials. filed under the FOIA. that disclosing would constitute a 201.13 Business information. (e) Executive Director—The chief clearly unwarranted invasion of 201.14 Appeals. operating officer of the Board. personal privacy. 201.15 Preservation of records. (f) Member—An individual appointed 201.16 Other rights and services. (g) Records or information compiled 201.17 How to track a FOIA request. to serve on the Board pursuant to Title for law enforcement purposes, but only XV, Subtitle B of the American to the extent that the production of such Authority: 5 U.S.C. 301, 5 U.S.C. 552 as Recovery and Reinvestment Act of 2009 law enforcement records of information: amended; Executive Order 12600, 3 CFR, (Pub. L. 111–5). (1) Could reasonably be expected to 1987 Comp., p. 235. (g) Days—Standard working days, interfere with enforcement proceedings; § 201.1 Scope. excluding weekends and Federal (2) Would deprive a person of a right This part sets forth the policies and holidays. to a fair trial or an impartial procedures of the Recovery adjudication; § 201.3 Publicly available documents and (3) Could reasonably be expected to Accountability and Transparency Board electronic reading room. constitute an unwarranted invasion of (Board) regarding public access to (a) Many Board records are available personal privacy; documents under the Freedom of electronically at the Board’s Web site (4) Could reasonably be expected to Information Act (FOIA or the Act), 5 (http://www.recovery.gov). disclose the identity of any confidential U.S.C. 552. The provisions in the Act (b) Records available electronically on source, including a State, local, or shall take precedence over any part of the Board’s Web site include: foreign agency or authority, or any the Board’s regulations in conflict with private institution which furnished the Act. This part gives the procedures (1) The rules and regulations of the Board. information on a confidential basis, and the public may use to inspect and obtain in the case of a record or information copies of Board records under the FOIA, (2) Statements of policy adopted by the Board. compiled by a criminal law enforcement including administrative procedures agency in the course of a criminal which must be exhausted before a (3) Board reports to the President and Congress, including the Committees on investigation or by an agency requestor invokes the jurisdiction of an conducting a lawful security appropriate United States District Court Appropriations of the Senate and House of Representatives. intelligence investigation, information for the Board’s failure to respond to a furnished by a confidential source; proper request within the statutory time (4) Congressional Testimony of the Chairman of the Board. (5) Would disclose techniques and limits, for a denial of Board records or procedures for law enforcement (5) Biographical information about the challenges to the adequacy of a search, investigations or prosecutions, or would Chairman and other Board members. or for denial of fee waiver. disclose guidelines for law enforcement (6) Copies of records repeatedly investigations or prosecutions if such § 201.2 Definitions. released in response to FOIA requests. disclosure could reasonably be expected For words used in this document, (c) The cost of copying information to risk circumvention of the law; or unless the context indicates otherwise, available in the Board office shall be (6) Could reasonably be expected to singular includes the plural, plural imposed in accordance with the endanger the life or physical safety of includes the singular, present tense provisions of § 201.8. any individual. includes the future tense, and words of (h) Contained in or related to one gender include the other gender. § 201.4 Board records exempt from public disclosure. examination, operating, or condition (a)(1) Agency records—Include reports, prepared by, on behalf of, or for 5 U.S.C. 552 provides that the materials that are in the control of the the use of an agency responsible for the requirements of the FOIA do not apply Board and associated with Board regulation or supervision of financial to matters that are: business, as follows: institutions. (i) Materials produced by the Board. (a) Specifically authorized under the (i) Geological and geophysical (ii) Materials produced by staff for the criteria established by an executive information and data, including maps, Board. order to be kept secret in the interest of concerning wells. (iii) Materials distributed by national defense or foreign policy and presenters at a Board meeting or Board are in fact properly classified pursuant § 201.5 Requests for Board records. Committee meeting. to such an executive order. (a) To request Board records, you (2) All references to records include (b) Related solely to the internal may: the entire record and/or any part of the personnel rules and practices of the (1) Write: FOIA Officer, Recovery record. Board. Accountability and Transparency Board,

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1717 Pennsylvania Avenue, NW., Suite (3) Restore records destroyed or section. Once the Board determines 700, Washington, DC 20006; otherwise disposed of, except that the whether it can grant a request entirely (2) Send a request via e-mail at FOIA Officer must notify the requestor or in part, it shall notify the requestor [email protected]; or that the records have been destroyed or in writing. The Board shall advise the (3) Fax: (202) 254–7970. otherwise disposed of. requestor of any fees to be charged (b) When requesting records under under § 201.8 and shall disclose records this section you must state, in writing: § 201.6 Responsibility, form, and content promptly on payment of the fees. (1) Your full name, of response. Records disclosed in part shall be (2) Address, The Board’s Executive Director or his/ marked or annotated to show the (3) Telephone number and, her designated FOIA Officer is amount of information deleted unless (4) At your option, electronic mail authorized to grant or deny any request doing so would harm an interest address. for a record and determine appropriate protected by an applicable exemption. (c) When making a request for records fees. When determining which records The location of the information deleted about a person, Privacy Act regulations are responsive to a request, the Board also shall be indicated on the record also may apply. Please check the will include only records in its when technically feasible. regulations for additional requirements possession as of the date of the request. (d) Unusual circumstances. (1) If the before submitting a request. When (a) If no records are responsive to the statutory time limits for processing a making a request for records about request, the FOIA Officer will notify the request cannot be met because of someone other than yourself, you must requestor in writing. ‘‘unusual circumstances’’ as defined in include either: (b) When the FOIA Officer denies a the FOIA (5 U.S.C. 552(6)(B)(iii)), the (1) Written authorization signed by request in whole or in part, he/she will Board shall promptly notify the the person permitting you to see the notify the requestor in writing. The requestor in writing, explaining the records; or response will be signed by the FOIA circumstances and giving the date by (2) Proof that the individual is Officer and will include: which the request can be completed or deceased (e.g., a death certificate or (1) The name and title or position of if the Board cannot complete the obituary). the person making the denial; request. If the extension is for more than (d) A request will be considered (2) A brief statement of the reasons for 10 working days, the Board shall received for purposes of § 201.7 on the the denial, including the FOIA provide the requestor with an date that it is received by the Board’s exemption(s) that the FOIA Officer has opportunity to: FOIA office. For prompt handling, write relied on in denying the request; and (i) Modify the request so that it can be ‘‘Freedom of Information Act Request’’ (3) A statement that the denial may be processed within the time limit; or on the letter and envelope or in the appealed under § 201.14 and a (ii) Arrange an alternative time period subject line of the e-mail request or fax. description of the requirements of that for processing the original request. (e) Each request must clearly describe section. (2) If the Board believes that multiple the desired records in sufficient detail to (c) Referrals. When a request for a requests submitted by a requestor or by enable Board personnel to locate them record not created by the Board is requestors acting in concert constitute a with reasonable effort. Response to received, the Board shall refer the single request that would otherwise requests may be delayed if the records requestor to the issuing agency in involve unusual circumstances, and if are not clearly described. writing, providing the address of the the requests involve clearly related (f) Whenever possible, requests agency contact and the section(s) matters, they may be aggregated. should include specific information referred. Multiple requests involving unrelated about each record sought, such as date, (d) Timing of responses to requests matters will not be aggregated. title or name, author, recipient, and sent to other agencies. The Board shall (e) Expedited processing. (1) Requests subject. provide, within the FOIA deadline, and appeals shall be taken out of order (g) If the FOIA Officer determines that responses only to those parts of the and given expedited processing the request does not clearly describe the request not referred. whenever it is determined that they records sought, he or she will either (e) Agreements on referrals. The involve: advise you of the additional information Board may make agreements with other (i) Circumstances that could needed to locate the record or otherwise agencies to eliminate the need for reasonably be expected to pose an state why the request is insufficient. referrals for particular types of records. imminent threat to the life or physical You will then be given the opportunity safety of an individual; or to provide additional information or to § 201.7 Timing of responses to requests. (ii) An urgency to inform the public modify your request. (a) General. The Board shall normally about an actual or alleged activity if (h) Submitting a FOIA request shall be respond to requests in the order of their made by a person primarily engaged in considered a commitment by the receipt. disseminating information. requestor to pay applicable fees required (b) Acknowledgement of requests. On (2) Requests for expedited processing under § 201.8 unless the requestor seeks receipt of a request, the Board shall send may be made either at the time of the a waiver of fees. When making a an acknowledgement letter or an e-mail initial request or at a later time. request, you may specify a willingness confirming the requestor’s agreement to (3) Requests for expedited processing to pay fees up to a specific amount. pay fees under § 201.8 and providing a must include a statement explaining in (i) The FOIA does not require the request number for future reference. detail the basis for requesting expedited Board to: (c) Time limits for responding to FOIA processing. For example, a requestor (1) Compile or create records solely requests. The Board shall make an under § 201.8 must establish that his/ for the purpose of satisfying a request initial determination to grant or deny a her professional activity is news for records. request for records within 20 days reporting, although it need not be his/ (2) Provide records not yet in (excluding Saturday, Sunday and her sole occupation. The requestor also existence, even if such records may be holidays) after the date of receipt of the must establish a particular urgency to expected to come into existence at some request, as described in § 201.5(d), inform the public about government time in the future. except as stated in paragraph (f) of this activity involved in the request, beyond

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the public’s right to know about professional or vocational school that (1) Search. (i) Search fees shall be government activity generally. has a program of scholarly research. For charged for all requests subject to the (4) Within 10 calendar days of receipt a request to be in this category, a limitations of § 201.9. The Board may of a request for expedited processing, requestor must show that the request is charge for time spent searching even if the Board shall decide whether to grant authorized by and made under the no responsive record is located, or if the the request and notify the requestor of auspices of the qualifying institution record(s) located are withheld as exempt its decision. If a request for expedited and that the records will be used for from disclosure. treatment is granted, the request shall be scholarly research. (ii) For each quarter hour spent by processed as soon as practicable. If a (5) Noncommercial scientific clerical personnel in searching for and request for expedited processing is institution—An institution that is not retrieving a requested record, the fee denied, an appeal of that decision shall operated on a commercial basis, as will be $5. If a search and retrieval be acted on expeditiously. defined in paragraph (b)(1) of this requires the use of professional (f) Tolling of time limits. (1) The section and is operated solely for personnel, the fee will be $8 for each Board may toll the 20-day time period conducting scientific research that does quarter hour. If the time of managerial to: not promote any particular product or personnel is required, the fee will be (i) Make one request for additional industry. For a request to be in this $10 for each quarter hour. information from the requester; or category, the requestor must show that (iii) For computer searches for (ii) Clarify the applicability or amount the request is authorized and made records, requestors will be charged the of any fees, if necessary, with the under the auspices of the qualifying direct costs of conducting the search requester. institution and that the records will be although certain requestors (see (2) The tolling period ends upon the used for further scientific research. § 201.9(a)) will be charged no search fee Board’s receipt of information from the (6) Representative of the news and certain other requestors (see requester or resolution of the fee issue. media—Any person who, or entity that, § 201.9(b)) will be entitled to two hours § 201.8 Fees. gathers information of potential interest of manual search time without charge. to a segment of the public, uses editorial Direct costs include the cost of (a) General. The Board shall charge operating a computer for the search time for processing requests under the FOIA skills to turn the raw materials into a distinct work, and distributes that work for requested records and the operator in accordance with paragraph (c) of this salary for the search. section, except where fees are limited to an audience. A freelance journalist shall be regarded as working for a news (2) Duplication. Duplication fees for under § 201.9 or where a waiver or paper copies of a record will be 10 cents reduction of fees is granted under media entity if the person can demonstrate a solid basis for expecting per page for black and white and 20 § 201.11. Fees must be paid before the cents per page for color. For all other copies of records are sent. Fees may be publication through that entity, whether or not the journalist is actually forms of duplication, the Board shall paid by check or money order payable charge the direct costs of producing the to the Treasury of the United States. employed by that entity. A publication contract is one example of a basis for copy. All charges are subject to the (b) Definitions for this section—(1) limitations of §§ 201.9 and 201.11. Commercial use request—A request expecting publication that ordinarily would satisfy this standard. The Board (3) Review. When a commercial-use from, or on behalf of, a person who request is made, review fees shall be seeks information for a purpose that may consider past publication records of the requester in determining whether charged as stated in paragraph (c)(1) of furthers his/her commercial, trade, or this section. These fees apply only to profit interests including furthering he or she qualifies as a ‘‘representative of the news media.’’ the initial record review, when the those interests through litigation. The Board determines whether an Board shall try to determine the use to (7) Review—Examining a record to determine whether any part of it is exemption applies to a particular which a record will be put. When the record. Charges shall not be imposed for Board believes that a request is for exempt from disclosure, and processing a record for disclosure. Review costs are review at the administrative appeal commercial use either because of the level if an exemption is applied. nature of the request or because the recoverable even if a record is not disclosed. Review time includes time However, records withheld under an Board has cause to doubt the stated use, exemption that is subsequently the Board shall ask the requestor for spent considering any formal objection to disclosure made by a business determined not to apply may be clarification. reviewed again to determine whether (2) Direct costs—Expenses that the submitter under § 201.13 but does not include time spent resolving general any other exemption not previously Board incurs in searching for, considered applies. The costs of that duplicating, and reviewing records in legal or policy issues regarding the application of exemptions. review shall be charged. All review fees response to a request. Direct costs shall be charged at the same rates as (8) Search—The process of looking for include the full salary of the employee those charged in paragraph (c)(1) of this and retrieving records, including page- performing the work and the cost of section. duplication of the records. Overhead by-page or line-by-line identification of expenses, such as the cost of space, information within records and § 201.9 Restrictions on charging fees. heating, and lighting, are not included. reasonable efforts to locate and retrieve (a) When determining search or (3) Duplication—Making a copy of a information from records maintained in review fees: record or the information in the record, electronic form. The Board shall ensure (1) No search fee shall be charged for to respond to a request. Copies can be that searches are done in the most requests by educational institutions, in paper, electronic, or other format. efficient and least expensive way that is noncommercial scientific institutions, The Board shall honor a requestor’s reasonably possible. or representatives of the news media. preference for format if the record is (c) Fees. In responding to FOIA (2) The Board shall provide without readily reproducible in that format at a requests, the Board shall charge the charge to all but commercial users: reasonable cost. following fees unless a waiver or a (i) The first 100 pages of black and (4) Educational institution—A public reduction of fees has been granted under white duplication (or the cost or private undergraduate, graduate, § 201.11. equivalent); and

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(ii) The first two hours of search by a separated by a longer period, the Board § 201.12 Denials. clerical staff member (or the cost shall aggregate them only if there is a (a) When denying a request in any equivalent). solid basis for determining that respect, the Board shall notify the (3) When the total fee for a request aggregation is warranted. Multiple requestor of that determination in will be $14.00 or less for any request, no requests involving unrelated matters writing. The types of denials include: fee shall be charged. shall not be aggregated. (1) Denials of requests, including a (b) The Board will not assess search (e) Advance payments. When a determination: and/or duplication fees, as applicable, if requestor has previously failed to pay (i) To withhold any requested record it fails to respond to a requester’s FOIA promptly a properly charged FOIA fee in whole or in part; request within the time limits specified to the Board or another agency, the (ii) That a requested record does not under 4 CFR 201.7, and no ‘‘unusual’’ Board shall require proof that full exist or cannot be located; circumstances (as defined in 5 U.S.C. payment has been made to that agency (iii) That a record is not readily 552(a)(6)(B) and 4 CFR 201.7(d)) or reproducible in the form or format ‘‘exceptional’’ circumstances (as defined before it begins to process that requestor’s FOIA request. The Board sought; in 5 U.S.C. 552(a)(6)(C)) apply to the (iv) That what has been requested is processing of the request. shall also require advance payment of the full amount of the anticipated fee. not a record subject to the FOIA; and (v) That the material requested is not § 201.10 Notice of anticipated fees. When advance payment is required, the a Board record (e.g., material produced request is not considered received until (a) General. The Board shall advise by another agency or organization). payment has been made. the requestor in writing of any (2) A determination on any disputed applicable fees. If only a part of the fee § 201.11 Requirements for waiver or fee matter, including a denial of a can be estimated readily, the Board shall reduction of fees. request for a fee waiver. advise the requestor that this may be (3) A denial of a request for expedited only a part of the total fee. After the (a) Fees for processing your request processing. requestor has been sent a fee estimate, may be waived if you meet the criteria (b) The denial letter shall be signed by the request shall not be considered listed in paragraph (b) of this section. the FOIA Officer or designee and shall received until the requestor makes a The burden is on you to justify include all of the following: firm commitment to pay the anticipated entitlement to a fee waiver. Requests for (1) The name and title of the person total fee. Any such agreement must be fee waivers are decided on a case-by- responsible for the denial. made by the requestor in writing and case basis. The fact that you have (2) A brief statement of the reason(s) must be received within 60 days of the received a fee waiver in the past does for the denial, including any FOIA Board’s notice. If the requestor does not not mean you are automatically entitled exemptions applied in denying the provide a firm commitment to pay the to a fee waiver for every request you request. anticipated fee within 60 days of the may submit, because the essential (3) An estimate of the volume of notice, the request shall be closed. The element of any fee waiver determination records withheld, in number of pages or requestor may be given an opportunity is whether the release of the particular in some other reasonable form of to work with the Board to change the documents sought in the request will estimation. This estimate does not need request and lower the cost. likely contribute significantly to public to be provided if it would harm an (b) Charges for other services. When understanding of the operations or interest protected by an applicable the Board chooses as a matter of activities of the government. The Board exemption. administrative discretion to provide a will rely on the fee waiver justification (4) A statement that the denial may be special service, such as certifying that you have submitted in your request appealed under § 201.14 and a records are true copies or sending them letter. If you do not submit sufficient description of the requirements of by other than ordinary mail, the Board justification, your fee waiver request § 201.14. shall pay the costs of providing the will be denied. The Board may, at its services unless previous arrangements discretion, communicate with you to § 201.13 Business information. have been made with the requestor. request additional information if (a) In general. Business information (c) Charging interest. The Board may necessary. However, the Board must obtained by the Board from a submitter charge interest on any unpaid bill make a determination on the fee waiver shall be disclosed under the FOIA only starting on the 31st day following the request within the statutory time limit, under this section. date of billing. Interest charges shall be even if the Board has not received such (b) Definitions. For purposes of this assessed at the rate provided in 31 additional information. In certain section: U.S.C. 3717 and shall accrue from the circumstances, a partial fee waiver may (1) Business information—commercial date of the billing until payment is be appropriate, if some, but not all, of or financial records obtained by the received by the Board. The Board shall the requested records are likely to Board that may be protected from follow the provisions of the Debt contribute significantly to public disclosure under Exemption 4 of the Collection Act of 1982 (Pub. L. 97–365, understanding of the operations and FOIA. 96 Stat. 1749), as amended. activities of the government. (2) Submitter—any person or entity (d) Aggregating requests. If the Board (b) The Board will waive fees (in from which the Board obtains business reasonably believes that a requestor or a whole or part) if disclosure of all or part records, either directly or indirectly. group of requestors acting together is of the information is in the public The term includes but is not limited to trying to divide a request into a series interest because of its release: corporations and State, local, Tribal, of smaller requests for the purpose of and foreign governments. avoiding fees, the Board may aggregate (1) Is likely to contribute significantly (c) Designation of business the requests and charge accordingly. to public understanding of the information. Submitters of business The Board shall assume that multiple operations or activities of the information shall designate any part of requests of the same type made within government; and the record considered to be protected a 30-day period have been made in (2) Is not primarily in the commercial from disclosure under Exemption 4 of order to avoid fees. If requests are interest of the requester. the FOIA by appropriately marking the

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material. This may be done either at the (2) A description of the business decision on the appeal. A decision time the record is submitted or at a records to be disclosed; and affirming an adverse determination shall reasonable time thereafter. This (3) A specified disclosure date at a include a statement of the reason(s) for designation lasts for 10 years after reasonable time subsequent to the the affirmation, including any FOIA submittal unless the submitter requests notice. exemption(s) applied, and shall include and provides justification for a longer (h) Exceptions to notice requirements. the FOIA provisions for court review of period. The notice requirements in paragraphs the decision. If the adverse (d) Notice to submitters. The Board (d) and (g) of this section shall not apply determination is reversed or modified shall provide a business submitter with if: on appeal, the request shall be prompt written notice of any FOIA (1) The Board determines that the reprocessed in accordance with that request or appeal that seeks its business information should not be disclosed; appeal decision. (2) The information has been information under paragraph (e) of this (c) When appeal is required. If a published legally or has been officially section, except as provided in paragraph review by a court of any adverse made available to the public; (h) of this section, to give the submitter determination is desired, the (3) Disclosure of the information is an opportunity to object to that determination must first be appealed required by another statute or by a disclosure under paragraph (f) of this under this section. section. The notice shall either describe regulation issued in accordance with the records requested or include copies Executive Order 12600 (3 CFR, 1987 (d) Denial of appeal. An adverse of the records. Comp., p. 235); or determination by the Executive Director (e) Required notice. The Board shall (4) The objection made by the shall be the final action of the Board. give notice of a FOIA request seeking submitter under paragraph (f) of this (e) Unacceptable appeals. An appeal business information when: section appears frivolous. In such a will not be acted on if the request (1) The submitter has designated that case, the Board shall promptly notify becomes a matter of FOIA litigation. the submitter of its decision using the the information is considered protected § 201.15 Preservation of records. from disclosure under Exemption 4 of guidelines in paragraph (g) of this the FOIA; or section. The Board shall preserve all (2) The Board has reason to believe (i) Notice of FOIA lawsuit. When a correspondence pertaining to the that the information may be protected requestor files a lawsuit seeking to requests that it receives under this from disclosure under Exemption 4 of compel the disclosure of business subpart, as well as copies of all the FOIA. information, the Board shall promptly requested records, until disposition or (f)(1) Objecting to disclosure. A notify the submitter. destruction is authorized by title 44 of (j) Corresponding notice to requestors. submitter shall have 30 days to respond the United States Code of the National When the Board provides a submitter to the notice described in paragraph (d) Archives and Records Administration’s with either notice and an opportunity to of this section. If a submitter has an General Records Schedule 14. Records object to disclosure under paragraph (d) objection to disclosure, it is required to will not be disposed of while they are of this section or with its intent to submit a detailed written statement the subject of a pending request, appeal, disclose requested information under including: or lawsuit. paragraph (g) of this section, the Board (i) All grounds for withholding any of also shall notify the requestor(s). When § 201.16 Other rights and services. the information under any exemption of a submitter files a lawsuit seeking to the FOIA, and Nothing in this part shall be prevent the disclosure of business (ii) In the case of Exemption 4, the construed to entitle any person, as a information, the Board shall notify the reason why the information is a trade right, to any service or to the disclosure requestor(s). secret, commercial, or financial of any record to which such person is information that is privileged or § 201.14 Appeals. entitled under the FOIA. confidential. (a)(1) Appeals of adverse § 201.17 How to track a FOIA request. (2) If a submitter fails to respond to determinations. If you are dissatisfied the notice in paragraph (d) of this with the Board’s response to your (a) Tracking number. The Board will section within 30 days, the Board shall request, you may appeal to the Board’s issue a tracking number to all FOIA assume that the submitter has no Executive Director: requesters within 5 days of the receipt objection to disclosure. The Board shall (i) By mail to: Recovery of the request (as described in not consider information not received Accountability and Transparency Board, § 201.7(b)). The tracking number will be by the Board until after a disclosure 1717 Pennsylvania Avenue, NW., Suite sent via electronic mail if the requester decision has been made. Information 700, Washington, DC 20006; has provided an electronic mail address. provided by a submitter under this (ii) By e-mail to: [email protected]; or Otherwise, the Board will mail the paragraph might itself be subject to (iii) By fax to: 202–254–7970. tracking number to the requester’s disclosure under the FOIA. (2) The appeal must be in writing and physical address, as provided in the (g) Notice of intent to disclose. The must be received within 30 days of the FOIA request. Board shall consider a submitter’s date of the Board’s response. The appeal (b) Status of request. FOIA requesters objections and specific grounds for letter, e-mail or fax may include as may check the status of their FOIA nondisclosure in deciding whether to much or as little related information as request(s) by contacting the FOIA disclose the business records. Whenever you wish, as long as it clearly identifies Officer at [email protected] or (202) 254– the Board decides to disclose business the Board determination that you are 7900. records over the objection of a appealing, including the assigned submitter, it shall give the submitter request number, if known. For prompt Ivan J. Flores, written notice, that will include: handling, please mark your appeal Paralegal Specialist, Recovery Accountability (1) A statement of the reason(s) the ‘‘Freedom of Information Act Appeal.’’ and Transparency Board. submitter’s objections were not (b) Responses to appeals. Requestors [FR Doc. E9–18353 Filed 7–31–09; 8:45 am] sustained; shall be notified in writing of the BILLING CODE 6820–GA–P

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NUCLEAR REGULATORY should not include any information in SUPPLEMENTARY INFORMATION: COMMISSION their comments that they do not want I. Background publicly disclosed. II. Discussion 10 CFR Part 31 Federal Rulemaking Web site: Go to A. Rationale for Limiting the Quantity of RIN 3150–AI33 http://www.regulations.gov and search Byproduct Material in a Generally for documents filed under Docket ID Licensed Device [NRC–2008–0272] NRC–2008–0272. Address questions B. Decision on Proposed Amendment To about NRC dockets to Carol Gallagher at Place a Limit on Quantity of Byproduct Limiting the Quantity of Byproduct 301–492–3668, e-mail: Material in Generally Licensed Devices C. Specific Licensees and Generally Material in a Generally Licensed [email protected]. Device Licensed Devices Mail comments to: Secretary, U.S. D. Specific Questions for Comment AGENCY: Nuclear Regulatory Nuclear Regulatory Commission, E. Implementation of the Proposed Rule Commission. Washington, DC 20555–0001, ATTN: Amendments Rulemakings and Adjudications Staff. III. Discussion of Proposed Amendments by ACTION: Proposed rule. E-mail comments to: Section SUMMARY: The U.S. Nuclear Regulatory [email protected]. If you IV. Criminal Penalties Commission (NRC) is proposing to do not receive a reply e-mail confirming V. Agreement State Compatibility that we have received your comments, VI. Plain Language amend its regulations to limit the VII. Voluntary Consensus Standards quantity of byproduct material contact us directly at 301–415–1677. Hand-deliver comments to: 11555 VIII. Environmental Impact: Categorical contained in a generally licensed device Exclusion to below one-tenth (1/10) of the Rockville Pike, Rockville, Maryland IX. Paperwork Reduction Act Statement International Atomic Energy Agency 20852, between 7:30 a.m. and 4:15 p.m. Public Protection Notification (IAEA) Category 3 thresholds. As a on Federal workdays. (Telephone 301– X. Regulatory Analysis result of this amendment, individuals 415–1677) XI. Regulatory Flexibility Certification possessing devices with byproduct Fax comments to: Secretary, U.S. XII. Backfit Analysis material meeting or exceeding these Nuclear Regulatory Commission at 301– 415–1101. You may submit comments I. Background thresholds would be required to apply on the information collections by the Prior to the terrorist attacks of for and obtain a specific license. The methods indicated in the Paperwork September 11, 2001 (9/11), several NRC is also proposing to further clarify Reduction Act Statement. national and international efforts were the requirements that apply when a You can access publicly available underway to address the potentially device authorized to be used under the documents related to this proposed rule significant health and safety hazards general license is instead held under a using the following methods: posed by uncontrolled sources. These specific license. The proposed NRC’s Public Document Room (PDR): efforts recognized the need for increased amendments would also modify the The public may examine and have control of high-risk radioactive Compatibility Categories contained in copied for a fee publicly available materials to prevent inadvertent and the current regulations. documents at the NRC’s PDR, Public intentional unauthorized access, DATES: Submit comments on the rule by File Area O–1 F21, One White Flint primarily due to the potential health October 19, 2009. Submit comments North, 11555 Rockville Pike, Rockville, and safety hazards posed by the specific to the information collection Maryland 20852. uncontrolled material. Following 9/11, aspects of this rule by September 2, NRC’s Agencywide Document Access these efforts were expanded to include 2009. Comments received after the and Management System (ADAMS): a heightened awareness and increased above date will be considered if it is Publicly available documents created or focus on the need to prevent intentional practical to do so, but the NRC is able received at the NRC are available unauthorized access due to potential to ensure consideration only for electronically at the NRC’s Electronic malicious acts. These efforts, such as the comments received on or before this Reading Room at: http://www.nrc.gov/ IAEA Code of Conduct on the Safety date. reading-rm/adams.html. From this page, and Security of Radioactive Sources ADDRESSES: You may submit comments the public can gain entry into ADAMS, (Code of Conduct) concerning Category on the rule by any one of the following which provides text and image files of 1 and Category 2 sources, seek to methods. Please include the Docket ID NRC’s public documents. If you do not increase the control over sources to NRC–2008–0272 in the subject line of have access to ADAMS or if there are prevent unintended radiation exposure your comments. Comments submitted in problems in accessing the documents and to prevent malicious acts. Proper writing or in electronic form will be located in ADAMS, contact the NRC’s security and control measures reduce posted on the NRC Web site and on the PDR Reference staff at 1–800–397–4209, the likelihood of intentional Federal rulemaking Web site 301–415–4737, or by e-mail to unauthorized access that could result in Regulations.gov. Because your [email protected]. this radioactive material being used in comments will not be edited to remove Federal Rulemaking Web site: Public radiological dispersal devices (RDD) or any identifying or contact information, comments and supporting materials in radiological exposure devices (RED). the NRC cautions you against including related to this proposed rule can be In June 2002, the Secretary of Energy any information in your submission that found at http://www.regulations.gov by and the NRC Chairman met to discuss you do not want to be publicly searching on Docket ID NRC–2008– the adequate protection of nuclear disclosed. 0272. materials that could be used in a RDD. The NRC requests that any party FOR FURTHER INFORMATION CONTACT: At the June meeting, the Secretary of soliciting or aggregating comments Solomon Sahle, Office of Federal and Energy and the NRC Chairman agreed to received from other persons for State Materials and Environmental convene an Interagency Working Group submission to the NRC inform those Management Programs, U.S. Nuclear on Radiological Dispersal Devices to persons that the NRC will not edit their Regulatory Commission, Washington, address security concerns. In May 2003, comments to remove any identifying or DC 20555–0001, telephone (301) 415– the joint U.S. Department of Energy contact information, and therefore, they 3781, e-mail: [email protected]. (DOE)/NRC working group issued its

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report ‘‘Radiological Dispersal Devices: environment, or the common defense Organization of Agreement States (OAS) An Initial Study To Identify Radioactive and security of the United States (U.S.). filed a petition for rulemaking on June Materials of Greatest Concern and While the various efforts and reviews 27, 2005 (PRM–31–5), requesting that Approaches to Their Tracking, Tagging, previously noted in this notice have the NRC strengthen its GL regulatory and Disposition.’’ been ongoing, the NRC also system. The NRC staff has been The NRC also supported U.S. implemented several measures to considering similar issues, including Government efforts to establish increase the safety and security of that under the current GL regulatory international guidance for the safety and radioactive sources, with particular system, the NRC and the Agreement security of radioactive materials of focus on radioactive sources of concern. States do not have an opportunity to concern, which resulted in a major These measures included the issuance review the purpose of use, adequacy of revision of the IAEA Code of Conduct. of increased controls orders to specific applicant facilities and equipment, The IAEA Board of Governors approved licensees who possess IAEA Category 1 training and experience, and the ability the revised Code of Conduct in and Category 2 radioactive sources (70 to meet any other applicable September 2003; it is available on the FR 72128; December 1, 2005). The requirements for those that possess GL IAEA Web site at: http://www- orders required these licensees to devices. Further, a licensee’s loss of pub.iaea.org/MTCD/publications/PDF/ exercise added control over these control of radioactive sources, whether Code-2004_web.pdf. In particular, the sources. In addition, the NRC increased it be inadvertent or through a deliberate Code of Conduct contains a the frequency of inspections to further act, could result in significant adverse recommendation that each IAEA ensure that there is adequate control of health impacts, which could constitute Member State develop a national source these materials. The NRC also published a threat to the public health and safety. registry of radioactive sources that a final rule in November 2006 that Thus, the NRC has been considering includes as a minimum Category 1 and established a National Source Tracking whether it is appropriate to amend 10 Category 2 radioactive sources as System (NSTS) to provide better CFR Part 31 to require specific licensing described in Annex 1 of the Code of accountability and control over Category for some materials currently regulated Conduct. Annex 1 of the Code of 1 and Category 2 sources. The NRC under the GL regulatory system. Conduct source registry proposed, in a separate rulemaking (73 Limiting the source activity allowed recommendation addressed 16 FR 19749; April 11, 2008), to expand the under a GL would result in more radionuclides. NSTS to include sources equal to, or specifically licensed devices, which greater than, 1/10 of the IAEA Category would be regulated under 10 CFR Part The DOE/NRC joint report paralleled 3 threshold values to address 30, ‘‘Rules of General Applicability to the work on the Code of Conduct and accountability of these sources and Domestic Licensing of Radioactive the development of IAEA TECDOC– concerns over potential malevolent Material.’’ 1344, ‘‘Categorization of Radioactive aggregation of these lower activity Sources.’’ (Section A.4.1 of this sources to IAEA Category 2 levels. II. Discussion document contains a description of the (Note: Sources referred to as ‘‘1/10 of In this rulemaking, the NRC is IAEA source categorization system.) The Category 3’’ were formerly referred to as proposing to amend its regulations to IAEA updated this categorization ‘‘Category 3.5’’ sources in these limit the quantity of byproduct material system for radioactive sources in August documents. To be consistent with IAEA allowed in a generally licensed device. 2005, in the IAEA Safety Standards terminology, the term ‘‘Category 3.5’’ The proposed amendment to the NRC’s Series No. RS–G–1.9 ‘‘Categorization of has been changed to ‘‘1/10 of Category regulations would limit the quantity of Radioactive Sources.’’ The Safety Guide 3.’’). The NRC staff evaluated the certain byproduct material allowed in a is available on the IAEA’s Web site at comments received on this proposed generally licensed device to below 1/10 http://www-pub.iaea.org/MTCD/ rule and, in SECY–09–0086 dated June of the IAEA’s Category 3 thresholds; _ publications/PDF/Pub1227 web.pdf and 10, 2009, requested approval from the licensees with devices containing provides the underlying methodology Commission to publish the final rule in byproduct material at or above this limit for the development of the Code of the Federal Register. Staff’s would be required to obtain a specific Conduct thresholds. The categorization recommendation in SECY–09–0086 was license (SL). This rulemaking is directed system is based on the potential for to expand the NSTS to Category 3 toward improving the safety and sources to cause deterministic effects sources instead of 1/10 of Category 3. In security of devices now held under GL and uses radionuclide-specific activity a Staff Requirements Memorandum containing radioactive sources falling levels (D values) as normalizing factors; (SRM) dated June 30, 2009, the within IAEA Categories 3 through 5 by the D values are used for emergency Commission stated that it was unable to causing a portion of them to be planning and response. The quantities reach a decision on the staff’s specifically licensed allowing the of concern identified in the May 2003 recommendation and therefore did not remaining portion to continue to be DOE/NRC report are similar to the IAEA approve publication of the NSTS used under general license. Code of Conduct Category 2 threshold Expansion final rule. In determining whether to place a values, and therefore, to allow During this time, there has been limit on the quantity of byproduct alignment between domestic and increased concern regarding devices material allowed in a generally licensed international efforts to increase the that are currently possessed under device, the NRC has considered the safety and security of radioactive NRC’s general license (GL) regulatory need to balance the secure handling and sources, the NRC has adopted the program. The requirements for general use of the materials without Category 2 definitions contained in the licensees are described in 10 CFR Part discouraging the beneficial use of GL IAEA’s Code of Conduct. The NRC 31, ‘‘General Domestic Licenses for devices in academic, medical, and considers IAEA Category 2 quantities Byproduct Material.’’ The U.S. Congress industrial applications. Radioactive (and higher) to be risk-significant and the U.S. Government materials provide critical capabilities in radioactive material that has a potential Accountability Office (GAO) raised the oil and gas, electrical power, to result in significant adverse impacts concerns regarding the safety and construction, and food industries; are that could reasonably constitute a threat security of radioactive material covered used to treat millions of patients each to the public health and safety, the by the GL regulatory system and the year in diagnostic and therapeutic

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procedures; and are used in technology presented recommendations that would Category 2 threshold and reserve research and development involving remedy their concerns. The GAO authorization to possess higher activity academic, government, and private completed two investigations of the sources to specific licensees. The staff institutions. These materials are as security aspects of NRC’s materials noted that a benefit of setting such a diverse in geographical location as they licensing process, including one in 2007 limit would be greater oversight of these are in functional use. (GAO–07–1038T, July 12, 2007) on the licensees, allowing regulatory bodies the Placing a limit on the quantity of security of the NRC licensing process. In opportunity to perform an assessment of byproduct material allowed in a its report, the GAO raised concerns a licensee’s legitimacy or any other generally licensed device is part of a about the relative ease with which lower regulatory activities the Commission comprehensive control program for activity sources can be purchased and determined to be necessary. The NRC radioactive materials of greatest potentially aggregated to higher activity staff, in SECY–06–0094, recommended concern, as discussed in SECY–07– levels. setting the GL limit at 1⁄2 of Category 2 0147, ‘‘Response to U.S. Government A.2 Agreement State Issues because the activity levels in such Accountability Office Recommendations devices would be close to the Category and Other Recommendations to Address Agreement States have also raised 2 levels and such a limit would not Security Issues in the U.S. Nuclear concerns about the security and affect a significant number of licenses. accountability of byproduct materials in Regulatory Commission Materials In response to SECY–06–0094, the generally licensed devices. In its June Program,’’ dated August 25, 2007. Commission, in a Staff Requirements 27, 2005, petition for rulemaking, the Although this proposed amendment Memorandum (SRM), dated June 9, OAS requested that NRC ‘‘strengthen cannot by itself ensure the physical 2006, approved the staff’s plan to amend the regulation of radioactive materials protection of sources, converting certain the GL requirements in 10 CFR 31.5, but by requiring a specific license for devices from use under a GL to use disapproved the staff’s recommendation higher-activity devices that are currently under an SL can provide greater device to set the limit at 1⁄2 of IAEA Category available under the general license in 10 accountability and, as part of an overall 2. Instead, the Commission approved effort in conjunction with other related CFR 31.5.’’ Specifically, the petition requested that the NRC amend its moving forward to evaluate requiring activities (e.g., potential applicability of specific licensing of general licensees the NSTS, Web-based licensing, pre- regulations to require specific licensing for devices exceeding the registration possessing devices greater than or equal licensing site visits, and increased 1 quantity limits in 10 CFR 31.5(c) (13)(i). to ⁄10 of the IAEA’s Category 3 controls orders), can improve the threshold. control of radioactive sources and Additionally, the OAS requested that protect public health and safety, as well NRC revise the compatibility A.4 Considerations Regarding the as common defense and security. designation of 10 CFR 31.6 from ‘‘B’’ to Need for Placing a Limit on the Quantity This rulemaking also considers the ‘‘C’’ which would allow States to better of Byproduct Material Allowed in a issues raised by the OAS in its June 27, track service providers and distributors Generally Licensed Device, and 2005, petition for rulemaking, in which of generally licensed devices. In Determining What the ‘‘Limit’’ Should it requested that the NRC revise 10 CFR addition, the State of Florida also Be requested a compatibility category 31.5 and change the Compatibility This section briefly describes the Category of 10 CFR 31.6 from ‘‘B’’ to change for 10 CFR 31.5(c)(13)(i) from ‘‘B’’ to ‘‘C’’ to allow the State to IAEA source characterization system ‘‘C.’’ The rulemaking also considers the continue to require registration of other (Section A.4.1); the existing GL issues raised by the State of Florida in generally licensed devices in addition to regulatory system (Section A.4.2); and its June 3, 2005, request to change the those currently registered by the NRC. the specific rationale for revising the Compatibility Category of 10 CFR These petitions were docketed by NRC existing GL regulatory system to place a 31.5(c)(13)(i) from ‘‘B’’ to ‘‘C.’’ These as PRM–31–5. The NRC requested limit on the quantity of byproduct issues were docketed by the NRC as public comment on PRM–31–5 on material in a generally licensed device PRM–31–5. December 20, 2005 (70 FR 75423). Four (Section A.4.3). The following sections of this comment letters were received on the statement of considerations discuss the A.4.1 The Five IAEA Categories and petition; the commenters disagreed with rationale for placing a limit on the the Relative Health and Safety Risk using the registration levels to require quantity of byproduct material in a Posed by Sources in Those Categories general licensees to become specific generally licensed device (Section A) licensees but had differing views on The IAEA source categorization and the NRC’s decision on the approach changing the compatibility categories. In scheme includes five categories. These in this proposed amendment (Section considering the petition and the public categories are based on the potential for B). comments, the NRC decided to consider sources to cause health effects to A. Rationale for Limiting the Quantity of the concerns and issues raised by OAS persons exposed to them. Sources in Byproduct Material in a Generally and the State of Florida in this Category 1 are considered to be the most Licensed Device rulemaking. By letter dated August 17, dangerous because they can pose a very 2007, the petitioners were informed of high risk to human health if not A.1 Congressional Concerns/GAO this decision. managed safely and securely. At the Investigations lower end of the categorization system, The U.S. Senate and the GAO have A.3 Recent NRC Actions sources in Category 5 are the least expressed concerns regarding the safety On April 24, 2006, the NRC staff dangerous, but even these sources could and security of radioactive sources. In a submitted SECY–06–0094, ‘‘Tracking or give rise to doses in excess of the dose report by the Permanent Subcommittee Providing Enhanced Controls for limits if not properly controlled. Based on Investigations (PSI), July 12, 2007, Category 3 Sources,’’ to the Commission on analysis of potential health effects, the subcommittee expressed concerns for review. In that paper, the NRC staff each of the IAEA Categories contain about certain U.S. Government practices proposed initiating a rulemaking that radioactive material in sealed sources in and procedures for issuing licenses to would set activity limits for general quantities that can be characterized as possess radioactive materials and licensees at one-half (1⁄2) of the IAEA follows:

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Category 1: Greater than or equal to 31.5(c)(13)(i) must be registered should it be set lower to include devices the Category 1 threshold (e.g., for annually with the NRC. There are about that are above the current registration Cobalt-60 (Co-60): 810 Curies (Ci)); these 1,200 general licensees possessing such levels which are at a level sources are typically used in irradiators, devices who are currently registered approximately 1⁄1000 of the IAEA radiation therapy, and radiothermal with the NRC. The radionuclides listed Category 3 threshold (as suggested in generators; in 10 CFR 31.5(c)(13)(i) are Co-60, the June 27, 2005 OAS petition for Category 2: Less than the Category 1 Cesium-137, Strontium-90, Radium-226, rulemaking). threshold but equal to or greater than Americium-241, and any other The rationale for modifying the the Category 2 threshold (which is 1⁄100 transuranics. As an example, the existing GL regulatory system and a of Category 1; e.g., for Co-60: 8.1 Ci); registration level for Co-60 is 0.001 Ci; discussion of the selection of the 1⁄10 of these sources are typically used in which falls in the IAEA Category 5 Category 3 threshold are provided in industrial gamma radiography and high range and is approximately 1⁄1000 of the Sections A.4.3.1 and A.4.3.2, and medium dose rate brachytherapy; IAEA Category 3 threshold for Co-60 respectively, of this document. Category 3: Less than the Category 2 (and approximately 1⁄10 of the Category threshold but equal to or greater than A.4.3.1 Rationale for Revising the GL 4 threshold). Regulatory System To Require Generally the Category 3 threshold (1⁄10 of The GL registration program was Licensed Devices Above a Certain Limit Category 2; e.g., for Co-60: 0.81 Ci); initiated in rule amendments finalized To Become Specific Licenses these sources are typically used in fixed on August 4, 1999 (64 FR 42269), and industrial gauges involving high activity December 18, 2000 (65 FR 79162). As As part of its overall process, the NRC sources; noted in the Federal Register notice evaluated its current GL regulatory Category 4: Less than the Category 3 (FRN) for the August 4, 1999, system, as described in Section A.4.2 of threshold but equal to or greater than rulemaking, the GL registration program this document, and found that the the Category 4 threshold (1⁄100 of is primarily intended to ensure that relatively few administrative or Category 3; e.g., for Co-60: 0.0081 Ci); general licensees are aware of and operational regulatory constraints and understand the requirements for the (mainly as a result of the safety features Category 5: Less than the Category 4 possession of devices containing incorporated into their design), imposed threshold down to IAEA exempt byproduct materials, and that such on GL devices raise a number of quantities. devices are maintained and transferred concerns about security vulnerabilities. Under the current GL regulatory system, A.4.2 The Existing GL Regulatory properly and not inadvertently a general licensee would not be subject System in 10 CFR Part 31 and Its discarded. In initiating the GL to the same regulatory controls (i.e., pre- Rationale registration program, the NRC noted that it was most concerned about generally licensing reviews, inspection, safety and The primary elements of the existing licensed devices that had not been security requirements) as specific GL regulatory framework are contained handled or disposed of properly and licensees possessing similar quantities in 10 CFR Part 31. A generally licensed believed that if general licensees were of radioactive material. Placing certain device usually consists of byproduct made aware of their responsibilities, generally licensed devices under the SL material contained in a sealed source they would be more likely to comply process would subject them to elements within a shielded housing. The device with the requirements for proper of oversight that are not part of the GL is designed with inherent radiation handling and disposal of generally process, including the license safety features so that it can be used by licensed devices. Additional application and review process, and persons with no radiation training or compliance with these requirements more routine inspections and elements experience. Thus, the GL regulatory would help reduce the potential for of security requirements. The SL program simplifies the licensing process incidents, including those related to regulatory controls would improve not because a case-by-case determination of sources not disposed of properly and only the ability to prevent any theft or the adequacy of the radiation training or accidently melted in steel mills, which diversion of these materials, but would experience of each user is not necessary. can cause unnecessary radiation also help prevent or detect any As part of the GL regulatory system, the exposure and property contamination. inadvertent loss of such devices that NRC evaluates the adequacy of generally could potentially impact public health licensed products by ensuring that A.4.3. Rationale for Revising the and safety. manufacturers and distributors of the Existing GL Regulatory System and Further, requiring a specific license products (all of whom hold specific Placing a Limit on the Quantity of for some generally licensed devices licenses) meet the various specific Radioactivity Allowed in a Generally would provide an opportunity for a requirements in Subpart B to 10 CFR Licensed Device detailed review of the radioactive Part 32. Although there is no limit In preparing this proposed rule, the materials program proposed by an specified in the existing GL regulatory NRC has determined that there is a need applicant, an opportunity for oral and system regarding the quantity of to enhance the security and written dialogue with the applicant, and byproduct material that can be allowed accountability for devices with certain a regulatory decision as to whether to in a device and still continue to be lower activity sources. The issues the grant the license as requested, or if generally licensed, at this time all of the NRC considered in this rulemaking certain modifications are necessary. generally licensed devices are in IAEA include: Specifically, this amendment would Categories 3 through 5 (i.e., there are no (1) Whether to modify the existing GL allow for a more rigorous screening of Category 1 or Category 2 generally regulatory system by placing a limit on applicants through pre-licensing visits licensed devices currently in existence). the quantity of byproduct material to the proposed location of licensed As part of the current GL regulatory allowed in generally licensed devices; activities (currently under system, 10 CFR 31.5 contains and consideration); a more efficient requirements that certain generally (2) The appropriate value for the licensing process to facilitate the rapid licensed devices containing byproduct limit, i.e., should the limit be set at 1⁄10 communication between regulators material in quantities above of the IAEA Category 3 threshold (as regarding the legitimacy of a given ‘‘registration’’ levels listed in 10 CFR suggested in the June 9, 2006 SRM) or entity; and other potential

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enhancements to the specific licensing threshold). These two groups are has considered this level, which would process. discussed below. include devices with sources in all of The NRC does not routinely perform Category 3 sources are defined by the IAEA Category 4 radioactivity range inspections of general licensees. IAEA as ‘‘dangerous sources’’—i.e., (i.e., including those in the ‘‘low-end’’ of Inspections of general licensees are only sources that could, if not under control, the Category 4 radioactivity range) and performed in certain circumstances, give rise to exposure sufficient to cause also all devices with sources in IAEA such as when there are indications of severe deterministic effects, and thus Category 5. In general, these categories unsafe practices by the general even without any aggregation there is are so low that hundreds or thousands licensees. By converting certain general rationale for specifically licensing of devices with such sources would licensees to specific licensees, the devices with Category 3 sources. need to be aggregated to constitute a effectiveness of any applicable safety Further, devices with Category 3 sources radioactive source in a quantity of and security measures could be could be easily aggregated to Category 2 concern. In view of the lower likelihood accurately determined in a more timely levels because they contain sources with that devices with sources in the lower manner if needed. The SL inspection activity levels that range from just below range of Category 4 or in Category 5 program is implemented by the NRC the Category 2 threshold down to 1⁄10 of would be aggregated to quantities of and Agreement States in a risk-informed the Category 2 threshold. Thus, sources concern, the staff believes that the manner (e.g., inspection frequency is at the high end of the range of activities relatively low security risk does not commensurate with the scope and in Category 3 can be at levels just below justify the significant regulatory complexity of the licensed activity and the threshold of a Category 2 source, resources and impacts on licensees that the quantity and type/form of meaning that it would take only a few would result from specifically licensing radioactive material authorized by the of these devices with such sources to devices with sources in the lower license) and by use of performance- aggregate to Category 2. The major Category 4 and Category 5 ranges. based inspections, which focus on the category of licensees who possess program outcomes achieved by the devices with Category 3 sources include A.4.3.2.2 Consideration of the licensee and then probe (through those with industrial gauges and, Additional Resource Burden on interview, observation, and reviews of because these devices are relatively Licensees and Regulatory Bodies To selected records) where needed and widespread in use and relatively Comply With These Proposed appropriate to understand the basis for broadly used in industry, there is Amendments each outcome. potential for aggregation of sufficient Requiring certain general licensees to numbers of them to Category 2 levels. obtain specific licenses would result in A.4.3.2 Specific Rationale for With regard to devices with sources increased burden on licensees, and on Determining the Limit on the Quantity that are 1⁄10 of IAEA Category 3, these the NRC and Agreement States, for of Radioactivity Allowed in a Generally are actually a subset of IAEA Category preparation and review of specific Licensed Device 4 sources that are in the high end of the license applications and amendments As noted in Section A.4.3 of this Category 4 radioactivity range. A and for conducting inspections. In the document, the NRC considered the principal rationale for including sources Regulatory Analysis for this rulemaking appropriate value to limit the quantity at the high-end of the Category 4 range (see Section X of this document), the of byproduct material allowed in a of activities (at 1⁄10 of Category 3) is the Commission provides an analysis of the generally licensed device. The potential that a sufficient number of additional costs and benefits of placing Commission’s June 9, 2006 SRM devices with these higher-activity a limit on the quantity of radioactivity directed the staff to evaluate specific Category 4 sources could be obtained allowed in a generally licensed device. licensing at 1⁄10 of the IAEA Category 3 and aggregated to create the equivalent A summary of the analysis follows. thresholds, whereas the OAS, in its June of Category 2 sources. These ‘‘high-end’’ For Devices With Sources at or Above 27, 2005 petition, requested that the Category 4 sources can be at levels just 1⁄10 of the IAEA Category 3 Thresholds: limit be set at a lower level to include below the threshold of a Category 3 Limiting the quantity of byproduct devices that are at or above the current source, which is about 1⁄10 of the material allowed in generally licensed 1 registration levels (approximately 1⁄1000 threshold of a Category 2 source, devices to below ⁄10 of the IAEA’s of the IAEA Category 3 threshold). meaning that it would require about 10– Category 3 thresholds would result in Considerations as to what level to set 12 of these devices with such sources to approximately 280 NRC general the limit are based on the potential for aggregate to Category 2 quantities. licensees being converted to specific aggregation to higher activity quantities Devices with these high-end Category 4 licensees (approximately 1400 NRC and of concern and also on the additional (1⁄10 Category 3) sources are possessed Agreement State general licensees). resource burden placed on licensees and by similar licensees noted to have These licensees would now have to on the regulatory bodies which would Category 3 sources, namely those with follow existing NRC requirements result from such an amendment. industrial gauges, and, as previously including 10 CFR Parts 19, 20, and 30. noted, are in relatively widespread use The added number of specific licensees A.4.3.2.1 Potential for Aggregation to and broadly used in industry, thus would also result in an increase in the Higher IAEA Categories of Concern for allowing for the potential for regulatory resources that would be Devices With Sources at or Above 1⁄10 of aggregation of sufficient numbers of devoted to reviewing the new SL the IAEA Category 3 Thresholds them to IAEA Category 2 levels. applications and inspecting the Converting certain devices with For Devices With Sources That Are at licensees after the license is issued. sources that are equal to or greater than or Above Registration Levels: However, the NRC and Agreement State 1⁄10 of Category 3 to specific licenses As noted above, the OAS in its June resources incurred are not considered would involve sources in Category 3 27, 2005, petition requested that the GL significant because the number of itself, as well as a subset of IAEA limit be set at a level that would include additional general licensees that would Category 4 sources (i.e., sources at the devices with sources that are at or above be converted to specific licensees ‘‘high end’’ of the Category 4 the current registration levels, which are represent only about 6 percent of the radioactivity range that are equal to, or approximately 1⁄1000 of the IAEA NRC and Agreement States existing greater than, 1⁄10 of the Category 3 Category 3 threshold. The Commission population of specific licensees and,

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hence, would not result in significant and regulatory bodies that would result Nevertheless, the NRC recognizes the additional NRC and/or Agreement from the proposed amendments is desire on the part of the States States resource commitment. reasonable because of the enhanced supporting the OAS petition to exercise For Devices With Sources at or Above public health and safety and security greater control over the actions of their Registration Levels: derived from placing these higher licensees. Therefore, the NRC is Limiting the quantity of byproduct activity generally licensed devices proposing to revise the Compatibility material allowed in generally licensed under a greater range of regulatory Category of 10 CFR 31.5(a) from ‘‘B’’ to devices to registration levels would controls. ‘‘C’’ and the Compatibility Category of result in approximately 1,200 NRC The need for this proposed 10 CFR 31.6 from ‘‘B’’ to ‘‘C.’’ The OAS general licensees being converted to amendment to the GL regulatory system stated that these actions were needed to specific licensees (approximately 6,000 was not foreseen in 1999 and 2000 establish a higher national standard of NRC and Agreement State general when NRC issued the rule amendments regulation for higher risk generally licensees), these licensees, possessing instituting the GL registration system. licensed devices, and to allow retention Category 4 and upper-end Category 5 As noted in Section A.4.2 of this of a tool used by Agreement States to sources, would now have to follow document, and in the Statements of track the location and movement of existing NRC requirements including 10 Considerations for those rule device manufacturers and service CFR Parts 19, 20, and 30. The added amendments, the principal rationale for providers within the State limits. number of specific licensees would the GL registration program was to make Revising these compatibility categories result in an increase in the regulatory general licensees more aware of would provide the Agreement States the resources that would need to be devoted applicable requirements, hence flexibility to adopt additional to reviewing the new SL applications reducing the potential for improper requirements, based on their and inspecting the licensees after the handling or disposal of devices due to circumstances and needs. The NRC is license is issued. It is estimated that the lack of knowledge or inadvertent also revising the Compatibility Category number of additional general licensees misuse, and the belief that if general of 10 CFR 31.5(c)(13)(i) from ‘‘B’’ to ‘‘C.’’ that would be converted into specific licenses are aware of their Florida stated that this action was licensees represent about 25 percent of responsibilities they will comply with necessary to avoid having to relax its the NRC and Agreement States existing requirements for proper handling and existing health, safety, and security population of specific licensees and, disposal of generally licensed devices. controls to be compatible with less hence, would represent a relatively The current rulemaking seeks to reflect stringent national standards in NRC’s significant additional NRC and/or the changed domestic and international regulations. Florida also noted that the Agreement States resource commitment. threat environments, and related U.S. registering of additional generally In view of the lower likelihood that Government-supported international licensed devices in Florida does not devices with sources in the lower range have direct and significant effect on the of Category 4 or in Category 5 would be initiatives in the nuclear security area, by setting an upper limit for licensing of transportation of the devices or on their aggregated to quantities of concern, the 1 movement into and out of Florida. staff believes that the relatively low generally licensed devices at ⁄10 of security risk does not justify the IAEA Category 3 for certain isotopes C. Specific Licensees and Generally significant regulatory resources and listed in Appendix E to 10 CFR Part 20. Licensed Devices impacts on licensees that would result The NRC has chosen not to extend The Commission is considering an from specifically licensing devices with this new limit on generally licensed additional revision to 10 CFR 31.5. This sources in the lower Category 4 and devices down to the 10 CFR amendment would clarify the applicable Category 5 ranges. 31.5(c)(13)(i) registration levels, as requirements when a device that is requested by the OAS in its rulemaking authorized to be used under the general B. Decision on Proposed Amendment To petition because it is neither necessary license in 10 CFR 31.5 is instead held Place a Limit on the Quantity of nor appropriate from a source by a licensee under an SL. Currently, a Byproduct Material Allowed in aggregation and cost-benefit basis. The specific licensee may obtain a device Generally Licensed Devices NRC believes that the relatively low approved for use under 10 CFR 31.5 as Based on the considerations of security risk posed by lower Category 4 a specifically licensed device rather Section II.A of this document, the NRC and Category 5 sources does not justify than use the authority of the GL. If a has decided to propose amending its the significant regulatory resources and device is initially obtained as a regulations by limiting the quantity of impacts on licensees that would result generally licensed device, it can later be byproduct material that can be in a from specifically licensing devices with transferred for use under the SL in generally licensed device to 1⁄10 of the lower Category 4 and Category 5 accordance with the procedures IAEA Category 3 threshold. The sources. Instead, the NRC has left the GL outlined in 10 CFR 31.5(c)(8)(iii). Some regulatory text is based on the existing registration program as it currently licensees have found it easier to comply text of Appendix E to 10 CFR Part 20, exists for general licensees below the with the regulations if all of their i.e., with the limit ‘‘less than 1⁄100 of the new GL limit because the rationale for radioactive material is covered by the thresholds listed in Appendix E to 10 instituting the GL registration program same requirements. Others have used CFR Part 20 for Category 2.’’ in the 1999 and 2000 rule amendments these devices under their SL in order to The basis for this limit is discussed in continues to remain valid today. The minimize their fees. The proposed rule Section A of this document. In sum, the NRC successfully implemented the GL would add a new paragraph, 10 CFR NRC believes that the additional registration program with 80 to 98 31.5(b)(3), to further clarify that when a security and safety provided by the percent of general licensees responding device is held under an SL, all terms specific licensing process is necessary to annually with completed registration and conditions of the SL apply, and the limit the potential for aggregating forms. This rate of registration can be requirements in 10 CFR 31.5 do not Category 3 and high-end Category 4 attributed in part to general licensees’ apply. radioactive sources to IAEA Category 2 enhanced awareness of regulatory The Commission is also considering quantities of concern. The NRC believes reporting, transfer, disposal, and and may include in the final rule an that the additional burden to licensees recordkeeping requirements. additional change concerning generally

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licensed devices held by specific 1⁄10 of IAEA Category 3, then the general 150.20 for portable gauges currently licensees. The proposal would prohibit licensee must obtain an SL, or more licensed under 10 CFR 31.5 and specific licensees from possessing simply, by using the IAEA Category 4 equivalent Agreement State regulations generally licensed devices under 10 CFR threshold level as the limit for the GL; that are used in more than one 31.5 at the same site. Any specific (3) Whether an even lower threshold jurisdiction? How would this proposal licensee possessing a device generally limit for requiring licensees to obtain a affect servicers of devices currently licensed under 10 CFR 31.5 at a site for SL should be used, such as the operating under the reciprocity which an SL is in place would be registration levels in 10 CFR provision of 10 CFR 31.6 and equivalent required to transfer the device to the 31.5(c)(13)(i). In providing support for provisions of Agreement States? authority of their SL. As noted, the this approach, the NRC is interested in (E) Would it be preferable to maintain possession and use of the device would whether there is specific information the applicability of 10 CFR 31.5, but to then be subject to the terms and (i.e., lack of accountability due to apply some or all of the terms and conditions of the user’s SL. Any such generally licensed devices being lost conditions of the SLs, e.g., by removing device obtained by specific licensees in and/or abandoned) that would indicate the exemptions in 10 CFR 31.5(c)(10) for the future would be required to be that the GL registration program as those holding an SL? obtained as a specifically licensed instituted in the 1999 and 2000 (F) How much impact would there be device. Under these requirements, all rulemakings (see Section II.A.4.2 of this to 10 CFR 32.51 licensees and licensed material at a site where document) is no longer working Agreement State equivalent licensees to specifically licensed material is used satisfactorily from the standpoint of ensure that they are transferring these would be governed by the same set of protecting the public health and safety devices to entities without an SL? regulations. from routine use of these devices by (G) Should the sealed source and This option to require all such devices general licensees; or device registration certificates to be held under the SL would make the (4) Whether the approach regarding authorizing devices for use under 10 requirements for these devices uniform Compatibility Categories laid out in CFR 31.5 and equivalent Agreement with the other material held under the Section II.B of this document, i.e., in State regulations be required to address SL. All licensed material at a site (where which States have flexibility to adopt transfers to both general and specific specifically licensed material is used) more rigorous requirements for general licensees? would be governed by the same set of licensees, based on their circumstances regulations and accounted for and needs, can work satisfactorily. In E. Implementation of the Proposed Rule uniformly. The Commission believes particular, will there be any significant Amendments that this proposal would reduce transboundary issues related to this The amended regulations would confusion and improve compliance with approach or, will such an approach not require a specific license for each the regulations because a licensee have direct and significant effect on the devices or source containing byproduct would have to follow only one set of transportation of the devices or on their material meeting or exceeding 1⁄10 of the requirements at each site. This proposal movement in and out of States? IAEA Category 3 thresholds as listed in would also reduce the number of Concerning the proposal discussed in Appendix E to 10 CFR Part 20. generally licensed devices that the NRC Section C of this document which Additional information regarding would need to track. would prohibit specific licensees from If this approach is included in the using GL devices under 10 CFR 31.5 and implementation of these requirements final rule, it is anticipated that the would require these devices to be will be provided as part of guidance for restriction would be limited to devices possessed and used under an SL, the complying with these amended used at sites covered by the SL. There Commission requests comments to regulations. Examples of information may be specifically licensed entities, assist in its evaluation of the impacts of that may be in included in guidance are such as large corporations, that hold such a change on specific licensees and the types of information needed in a generally licensed devices at other sites on how best to implement the change. license application; how general where specifically licensed material is Specific questions for comment: licensees would be notified that they not used. Such operations may be quite (A) How should this change be need to obtain an SL (e.g., by the independent of the specifically licensed applied in the case of devices used by regulator or by the manufacturer); how activities. It would be too burdensome a specific licensee at different locations? general licensees and/or NRC would to apply the requirements connected Would there be difficulties in identify the quantity of byproduct with an SL to generally licensed devices determining which devices used by a material in devices; how decay of the at separate sites owned by the same given entity must be under the specific source radioactivity levels within licensed entity. license, if the applicability of 10 CFR generally licensed devices would be 31.5 were to be determined by the identified and considered; and the D. Specific Questions for Comment location of use, as suggested? relationship of the requirements to the The NRC invites comment on its (B) How much time should be sealed sources and device (SS&D) proposal to place a limit on the quantity allowed for the specific licensees to registry. of byproduct material allowed in transfer their currently held generally The rule would become effective 60 generally licensed devices, specifically: licensed GL devices to their SLs? days after the final rule is published in (1) Whether the 1⁄10 of IAEA Category Should devices currently held under the the Federal Register. Any general 3 limit is the appropriate threshold level GL only be added to the SL only at the licensee that currently possesses of byproduct material below which time of license renewal or amendment? generally licensed devices meeting or general licenses would still apply; (C) Should the details of the voluntary exceeding 1⁄10 of the IAEA’s Category 3 (2) Whether there should be transfer process in 10 CFR 31.5(c)(8)(iii) thresholds would be given an additional additional protection against become mandatory and be maintained 90 days beyond the effective date of the aggregation of sources by either in the regulation to assist the process? final rule to submit an application for a requiring that if the aggregated amount (D) Would there be a significant specific license (i.e., 150 days after the of byproduct material that a general impact from the applicability of final rule is published in the Federal licensee possesses in devices exceeds reciprocity requirements in 10 CFR Register).

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III. Discussion of Proposed Category 3 threshold, for the isotopes these thresholds would continue to be Amendments by Section listed in Appendix E to 10 CFR Part 20. generally licensed. Licensees who possess devices The values corresponding to Category 10 CFR 31.5(a) General Domestic containing byproduct material meeting 3 and 1⁄10 of Category 3 (or 1/100 of Licenses for Byproduct Material or exceeding these thresholds would be Category 2) in Appendix E to 10 CFR The proposed rule would amend 10 required to become specifically Part 20 for byproduct material CFR 31.5(a) to limit the quantity of licensed, and would become subject to radionuclides are provided here as byproduct material in generally licensed all applicable regulations. Devices information along with the notes to the devices to below 1⁄10 of the IAEA’s containing byproduct material below table.

Category 3 Category 3 1⁄10 Category 3 1⁄10 Category 3 Radioactive material (TBq) (Ci) (TBq) (Ci)

Actinium-227 ...... 0.02 0.54 0 .002 0 .054 Americium-241 ...... 0.06 1 .6 0 .006 0.16 Americium-241/Be ...... 0 .06 1.6 0.006 0 .16 Californium-252 ...... 0 .02 0.54 0 .002 0.054 Cobalt-60 ...... 0.03 0.81 0 .003 0 .081 Curium-244 ...... 0.05 1 .4 0 .005 0.14 Cesium-137 ...... 0.1 2.7 0.01 0.27 Gadolinium-153 ...... 1 27 0.1 2.7 Iridium-192 ...... 0.08 2 .2 0 .008 0 .22 Plutonium-238 ...... N/A N/A N/A N/A Plutonium-239/Be ...... N/A N/A N/A N/A Polonium-210 ...... 0 .06 1.6 0.006 0 .16 Promethium-147 ...... 40 1100 4 110 Radium-226 ...... 0.04 1 .1 0 .004 0 .11 Selenium-75 ...... 0.2 5.4 0.02 0 .54 Strontium-90 ...... 1 .0 27 0.1 2.7 Thorium-228 ...... N/A N/A N/A N/A Thorium-229 ...... N/A N/A N/A N/A Thulium-170 ...... 20 540 2 54 Ytterbium-169 ...... 0.3 8.1 0.03 0.81 Note: N/A means ‘‘not applicable’’ because Plutonium-238 and Plutonium-239/Be are not byproduct material but are special nuclear material. Thorium-228 and Thorium-229 are source material.

10 CFR 31.5(b)(3) 5.9, ‘‘Adequacy and Compatibility of the flexibility to adopt additional A clarification concerning the Agreement State Programs.’’ requirements for tracking the movement applicable requirements for devices As a result of the amendments to 10 of service providers and the location of authorized for use under 10 CFR 31.5 CFR 31.5(a) and new section (b)(3), generally licensed devices. Designating but held under specific license would these sections would now be designated 10 CFR 31.5(a) and 31.6 as be added. as Compatibility Category C. Compatibility Category C would address Compatibility Category C are those the issues and concerns raised by the IV. Criminal Penalties program elements that do not meet the OAS in their June 2005, petition for For the purpose of Section 223 of the criteria of Category A or B, but the rulemaking. Designating 10 CFR Atomic Energy Act (AEA) of 1954, as essential objectives of which an 31.5(c)(13)(i) as Compatibility Category amended, the Commission is proposing Agreement State should adopt to avoid C the NRC would address the issues and to amend 10 CFR Part 31 under one or conflict, duplication, gaps, or other concerns raised by the State of Florida more of Sections 161b, 161i, or 161o of conditions that would jeopardize an in their June 2005 request as part of the the AEA. Willful violations of the rule orderly pattern in the regulation of petition. Considering these issues in this would be subject to criminal agreement material on a national basis. rulemaking action closes the entire enforcement. An Agreement State should adopt these petition. essential objectives. After considering V. Agreement State Compatibility the issues associated with the VI. Plain Language Under the ‘‘Policy Statement on compatibility requirements for 10 CFR The Presidential Memorandum ‘‘Plain Adequacy and Compatibility of 31.5(c)(13)(i), this section would now be Language in Government Writing’’ Agreement State Programs’’ approved by designated as Compatibility Category C. published June 10, 1998 (63 FR 31883), the Commission on June 30, 1997, and After considering the issues associated directed that the Government’s published in the Federal Register on with the compatibility requirements for documents be in clear and accessible September 3, 1997 (62 FR 46517), the 10 CFR 31.6, this section would now be language. The NRC requests comments proposed rule would be a matter of designated as Compatibility Category C. on this proposed rule specifically with compatibility between the NRC and the For the reasons provided in Section B respect to the clarity and effectiveness Agreement States, thereby providing of this document, the NRC is proposing of the language used. Comments should consistency among the Agreement to designate 10 CFR 31.5(a), (b)(3), be sent to the address listed under the States and the NRC’s requirements. The (c)(13)(i), and 31.6 as Compatibility ADDRESSES heading. NRC staff analyzed the proposed rule in Category C and, by so doing, Agreement accordance with the procedure States would have flexibility to adopt VII. Voluntary Consensus Standards established in Part III, ‘‘Categorization additional requirements, based on their The National Technology Transfer Act Process for NRC Program Elements,’’ of circumstances and needs, if necessary. of 1995 (Pub. L. 104–113) requires that Handbook 5.9 to Management Directive This would also allow Agreement States Federal agencies use technical standards

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that are developed or adopted by meeting or exceeding these thresholds displays a currently valid OMB control voluntary consensus standards bodies to submit an application for a specific number. unless the use of such a standard is license. The NRC and/or the Agreement X. Regulatory Analysis inconsistent with applicable law or States would review such applications otherwise impractical. In this proposed and issue licenses as appropriate. The Commission has prepared a draft rule, the NRC would require licensees The NRC is seeking public comment regulatory analysis on this proposed that possess generally licensed devices on the potential impact of the regulation. The analysis examines the with any of the radioactive sources and information collections contained in costs and benefits of the alternatives thresholds specified in the proposed this proposed rule and on the following considered by the Commission. rule to submit an application for a issues: The Commission requests public specific license. This action does not 1. Is the proposed information comment on the draft regulatory constitute the establishment of a collection necessary for the proper analysis. Comments may be submitted standard that contains generally performance of the functions of the to the NRC as indicated under the applicable requirements. NRC, including whether the information ADDRESSES heading. The analysis is would have practical utility? VIII. Environmental Impact: available for inspection in the NRC 2. Is the estimate of burden accurate? Public Document Room, 11555 Categorical Exclusion 3. Is there a way to enhance the Rockville Pike, Rockville, MD 20852, or quality, utility, and clarity of the The NRC has determined that this online at http://www.regulations.gov. information to be collected? proposed rule is the type of action Single copies of the draft regulatory 4. How can the burden of the described as a categorical exclusion in analysis are available from Solomon information collection be minimized, 10 CFR 51.22(c)(3)(iii). Therefore, Sahle, telephone (301) 415–3781, including the use of automated neither an environmental impact e-mail: [email protected], of the statement nor an environmental collection techniques? A copy of the OMB clearance package Office of Federal and State Materials assessment has been prepared for this and Environmental Management proposed rule. may be viewed free of charge at the NRC Public Document Room, One White Programs. IX. Paperwork Reduction Act Flint North, 11555 Rockville Pike, Room XI. Regulatory Flexibility Certification Statement O–1 F21, Rockville, Maryland 20852. The OMB clearance package and rule In accordance with the Regulatory This proposed rule contains new or Flexibility Act of 1980 (5 U.S.C. 605(b)), amended information collection are available at the NRC Worldwide Web site: http://www.nrc.gov/public- the Commission certifies that this rule requirements that are subject to the would not, if promulgated, have a Paperwork Reduction Act of 1995 (44 involve/doc-comment/omb/index.html for 60 days after the signature date of significant economic impact on a U.S.C. 3501 et seq.). This rule has been substantial number of small entities. submitted to the Office of Management this notice. Send comments on any aspect of The proposed rule would affect about and Budget (OMB) for review and 280 NRC licensees and approximately approval of the information collection these proposed information collections, including suggestions for reducing the an additional 1,120 Agreement State requirements. licensees possessing generally licensed Type of submission, new or revision: burden and on the above issues, by devices with certain byproduct Revision. September 2, 2009 to the Records and materials meeting or exceeding the 1⁄10 The title of the information collection: FOIA/Privacy Services Branch (T–5 of IAEA’s Category 3 thresholds. 10 CFR Part 31, Limiting the Quantity F52), U.S. Nuclear Regulatory Affected licensees include licensees of Byproduct Material in a Generally Commission, Washington, DC 20555– using fixed gauges, x-ray fluorescence Licensed Device. 0001, or by Internet electronic mail to How often the collection is required: [email protected] density/moisture/level interface gauges, Initially during license applications and and to the Desk Officer, Christine Kymn, fixed thickness gauges, and any other at license renewals and amendments Office of Information and Regulatory licensees possessing devices with and other reporting for specific licenses. Affairs, NEOB–10202 (3150–0016), sources meeting or exceeding these Who would be required or asked to Office of Management and Budget, thresholds, some of which may qualify report: Licensees in possession of Washington, DC 20503. Comments on as small business entities as defined by devices containing quantities of the proposed information collections 10 CFR 2.810. However, the proposed byproduct material meeting or may also be submitted via Federal rule is not expected to have a significant economic impact on these licensees. exceeding 1⁄10 of the IAEA Code of Rulemaking Web site http:// Conduct’s Category 3 thresholds. www.regulations.gov, Docket ID NRC– Because of the widely differing An estimate of the number of annual 2008–0272. Comments received after conditions under which impacted responses: 2,975 (1,575 responses; 1,400 this date will be considered if it is licensees operate, the NRC is recordkeepers). practical to do so, but assurance of specifically requesting public comment The estimated number of annual consideration cannot be given to from licensees concerning the impact of respondents: 1,400 (280 NRC; 1,120 comments received after this date. You the proposed regulation. The NRC Agreement State). may also e-mail comments to particularly desires comment from An estimate of the total number of [email protected] or licensees who qualify as small hours needed annually to complete the comment by telephone at (202) 395– businesses, specifically as to how the requirement or request: 31,114. 4638. proposed regulation would affect them Abstract: The NRC is proposing to and how the regulation may be tiered or amend its regulations to limit the Public Protection Notification otherwise modified to impose less amount of certain byproduct material in The NRC may not conduct or sponsor, stringent requirements on small entities a generally licensed device to below and a person is not required to respond while still adequately protecting the 1⁄10 of the IAEA Category 3 thresholds. to, a request for information or an public health and safety. Comments on The proposed amendment would information collection requirement how the regulation could be modified to require licensees possessing devices unless the requesting document take into account the differing needs of

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small entities should specifically § 31.5 Certain detecting, measuring, continuing airworthiness information discuss: gauging, or controlling devices and certain (MCAI) originated by the European (1) The size of the business and how devices for producing light or an ionized Aviation Safety Agency (EASA), which the proposed regulation would result in atmosphere. is the Technical Agent for the Member a significant economic burden upon it (a) A general license is hereby issued States of the European Community. The as compared to a larger organization in to commercial and industrial firms and MCAI states that the AD is issued the same business community; research, educational and medical following a manufacturing (2) How the proposed regulation institutions, individuals in the conduct nonconformity found on one batch of could be further modified to take into of their business, and Federal, State or the servo-control caps. With a defective account the business’s differing needs or local government agencies to acquire, servo-control, rotation of the distributor capabilities; receive, possess, use or transfer, in might not be stopped mechanically (3) The benefits that would accrue, or accordance with the provisions of since only friction of inner seals holds the detriments that would be avoided, if paragraphs (b), (c) and (d) of this the distributor sleeve in its position. the proposed regulation was modified as section, byproduct material contained in The proposed AD actions are intended suggested by the commenter; devices designed and manufactured for to address the unsafe condition created (4) How the proposed regulation, as the purpose of detecting, measuring, by a manufacturing nonconformity modified, would more closely equalize gauging or controlling thickness, found on one batch of servo-control the impact of NRC regulations as density, level, interface location, caps. If not corrected this condition opposed to providing special advantages radiation, leakage, or qualitative or could cause untimely movements of to any individuals or groups; and quantitative chemical composition, or servo-controls, which are used on main (5) How the proposed regulation, as for producing light or an ionized and anti-torque rotors, and lead to the modified, would still adequately protect atmosphere, provided that each device loss of control of the helicopter. contains byproduct material in the public health and safety. DATES: quantities less than 1/100th of the We must receive comments on Comments should be submitted as this proposed AD by September 2, 2009. indicated under the ADDRESSES heading. thresholds listed in Appendix E of 10 CFR Part 20 for Category 2. ADDRESSES: You may send comments by XII. Backfit Analysis (b) * * * any of the following methods: The NRC has determined that the (3) For devices meeting the criteria of • Federal eRulemaking Portal: Go to backfit rule does not apply to this this general license, but instead held http://www.regulations.gov. Follow the proposed rule because the amendments under the authority of a specific license, instructions for submitting comments. in this rule modify conditions of a all of the terms and conditions of the • Fax: 202–493–2251. general license for byproduct material, specific license apply in lieu of the • Mail: U.S. Department of and do not involve any provisions that provisions in this general license. Transportation, Docket Operations, would impose backfits as defined in 10 * * * * * M–30, West Building Ground Floor, CFR 50.109, 70.76, 72.62, and 76.76. Dated at Rockville, Maryland, this 28th day Room W12–140, 1200 New Jersey Therefore, a backfit analysis has not of July 2009. Avenue, SE., Washington, DC 20590. • been prepared for this proposed rule. For the Nuclear Regulatory Commission. Hand Delivery: U.S. Department of List of Subjects in 10 CFR Part 31 Andrew L. Bates, Transportation, Docket Operations, Acting Secretary for the Commission. M–30, West Building Ground Floor, Byproduct material, Criminal Room W12–140, 1200 New Jersey [FR Doc. E9–18438 Filed 7–31–09; 8:45 am] penalties, Labeling, Nuclear materials, Avenue, SE., Washington, DC 20590, Packaging and containers, Radiation BILLING CODE 7590–01–P between 9 a.m. and 5 p.m., Monday protection, Reporting and recordkeeping through Friday, except Federal holidays. requirements, Scientific equipment. You may get the service information For the reasons set out in the notice DEPARTMENT OF TRANSPORTATION identified in this proposed AD from and under the authority of the Atomic Federal Aviation Administration American Eurocopter Corporation, 2701 Energy Act of 1954, as amended; the Forum Drive, Grand Prairie, TX 75053– Energy Reorganization Act of 1974, as 14 CFR Part 39 4005, telephone (972) 641–3460, fax amended; and 5 U.S.C. 553; the NRC is (972) 641–3527, or at http:// proposing to adopt the following [Docket No. FAA–2009–0663; Directorate www.eurocopter.com. amendments to 10 CFR Part 31. Identifier 2007–SW–25–AD] Examining the Docket: You may RIN 2120–AA64 examine the AD docket on the Internet PART 31—GENERAL DOMESTIC at http://www.regulations.gov or in LICENSES FOR BYPRODUCT Airworthiness Directives; Eurocopter person at the Docket Operations office MATERIAL France Model AS 332 C, L, L1, and L2; between 9 a.m. and 5 p.m., Monday 1. The authority citation for part 31 AS 350 B3; AS 355 F, F1, F2, and N; through Friday, except Federal holidays. continues to read as follows: SA 365 N and N1; AS 365 N2 and N3; The AD docket contains this proposed SA 366 G1; EC 130 B4; and EC 155B AD, the economic evaluation, any Authority: Secs. 81, 161, 183, 68 Stat. 935, and B1 Helicopters comments received, and other 948, 954, as amended (42 U.S.C. 2111, 2201, information. The street address for the 2233); secs. 201, as amended, 202, 88 Stat. AGENCY: Federal Aviation Docket Operations office (telephone 1242, as amended, 1244 (42 U.S.C. 5841, Administration (FAA), DOT. 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. (800) 647–5527) is in the ADDRESSES ACTION: Notice of proposed rulemaking 3504 note); sec. 651(e), Public Law 109–58, section. Comments will be available in 119 Stat. 806–810 (42 U.S.C. 2014, 2021, (NPRM). the AD docket shortly after receipt. 2021b, 2111). SUMMARY: We propose to adopt a new FOR FURTHER INFORMATION CONTACT: 2. In § 31.5, paragraph (a) is revised airworthiness directive (AD) for the Uday Garadi, Aviation Safety Engineer, and paragraph (b)(3) is added to read as specified model helicopters. This Regulations and Policy Group, FAA, follows: proposed AD results from mandatory Rotorcraft Directorate, Fort Worth,

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Texas 76137, telephone (817) 222–5123, is a separate ASB No. 67A010 with the section 106, describes the authority of fax (817) 222–5961. same date for the Model EC130 the FAA Administrator. ‘‘Subtitle VII: SUPPLEMENTARY INFORMATION: helicopter and the Model EC 155 Aviation Programs,’’ describes in more helicopter. The actions described in the detail the scope of the Agency’s Comments Invited MCAI are intended to correct the same authority. We invite you to send any written unsafe condition as that identified in We are issuing this rulemaking under relevant data, views, or arguments about the service information. the authority described in ‘‘Subtitle VII, this proposed AD. Send your comments Part A, Subpart III, Section 44701: to an address listed under the FAA’s Determination and Proposed General requirements.’’ Under that ADDRESSES section. Include ‘‘Docket No. Requirements section, Congress charges the FAA with FAA–2009–0663; Directorate Identifier These helicopters have been approved promoting safe flight of civil aircraft in 2007–SW–25–AD’’ at the beginning of by the aviation authority of another air commerce by prescribing regulations your comments. We specifically invite country, and are approved for operation for practices, methods, and procedures comments on the overall regulatory, in the United States. Pursuant to our the Administrator finds necessary for economic, environmental, and energy bilateral agreement with the State of safety in air commerce. This regulation aspects of this proposed AD. We will Design Authority, we have been notified is within the scope of that authority consider all comments received by the of the unsafe condition described in the because it addresses an unsafe condition closing date and may amend this MCAI and service information. We are that is likely to exist or develop on proposed AD based on those comments. proposing this AD because we evaluated helicopters identified in this rulemaking We will post all comments we all pertinent information and action. receive, without change, to http:// determined an unsafe condition exists Regulatory Findings www.regulations.gov, including any and is likely to exist or develop on other personal information you provide. We products of the same type designs. We determined that this proposed AD will also post a report summarizing each would not have federalism implications substantive verbal contact we receive Differences Between This AD and the under Executive Order 13132. This about this proposed AD. MCAI proposed AD would not have a Discussion We have reviewed the MCAI and substantial direct effect on the States, on related service information and, in the relationship between the national The EASA, which is the technical general, agree with their substance. Government and the States, or on the agent for Member States of the European However, our AD differs from the MCAI distribution of power and Community, has issued EASA AD No. in that it: responsibilities among the various 2007–0099, dated April 11, 2007 • Is not applicable to the Model AS levels of government. (referred to after this as ‘‘the MCAI’’), to 332 C1 helicopters because they are not For the reasons discussed above, I correct an unsafe condition for type certificated in the United States; certify this proposed regulation: Eurocopter France Model AS 332 C, L, • Does not require returning the 1. Is not a ‘‘significant regulatory L1, and L2; AS 350 B3; AS 355 F, F1, servo-controls to the manufacturer; action’’ under Executive Order 12866; F2, and N; SA 365 N and N1; AS 365 • Does not address servo-control 2. Is not a ‘‘significant rule’’ under the N2 and N3; SA 366 G1; EC 130 B4; and ‘‘spares’’ (parts not installed on a DOT Regulatory Policies and Procedures EC 155 B and B1 helicopters. The MCAI helicopter); (44 FR 11034, February 26, 1979); and states that the AD is issued following a • Uses the term ‘‘inspect’’ rather than 3. Will not have a significant manufacturing nonconformity found on ‘‘check’’; and economic impact, positive or negative, one batch of the servo-control cap, part • Includes information explaining on a substantial number of small entities number 800137. With a defective servo- that there are 2 ASBs with the same under the criteria of the Regulatory control, rotation of the distributor might number and date—ASB No. 67A010 for Flexibility Act. not be stopped mechanically since only the Model EC130 B4 helicopters and We prepared an economic evaluation friction of inner seals holds the ASB No. 67A010 for the Model EC 155 of the estimated costs to comply with distributor sleeve in its position. If not B and B1 helicopters. this proposed AD and placed it in the corrected this condition could cause AD docket. Costs of Compliance untimely movements of servo-controls, List of Subjects in 14 CFR Part 39 which are used on main and anti-torque We estimate that this proposed AD rotors, and lead to the loss of control of would affect about 318 helicopters with Air transportation, Aircraft, Aviation the helicopter. You may obtain further 33 non-conforming control cap safety, Incorporation by reference, information by examining the MCAI and assemblies of U.S. registry. Also, we Safety. service information in the AD docket. estimate that it would take about 1 The Proposed Amendment work-hour to inspect each helicopter in Relevant Service Information the fleet and 4 work-hours per Accordingly, under the authority Eurocopter has issued Alert Service helicopter to remove and replace an delegated to me by the Administrator, Bulletin (ASB) No. 67.00.37 for Model unairworthy servo-control. The average the FAA proposes to amend 14 CFR part AS 332 helicopters, ASB No. 67.00.40 labor rate is $80 per work-hour. A 39 as follows: for Model AS 350 helicopters, ASB No. replacement cap assembly would cost PART 39—AIRWORTHINESS 67.00.28 for Model AS 355 helicopters, $15,605. Based on these figures, we DIRECTIVES ASB No. 67.00.13 for Model AS 365 and estimate the cost of the proposed AD on SA 365 helicopters, ASB No. 67.08 for U.S. operators to be $550,965, or $1,733 1. The authority citation for part 39 Model SA 366 helicopters, ASB No. per helicopter. continues to read as follows: 67A010 for Model EC 130 helicopters, Authority: 49 U.S.C. 106(g), 40113, 44701. and ASB No. 67A010 for Model EC 155 Authority for This Rulemaking helicopters, all Revision 0 and all dated Title 49 of the United States Code § 39.13 [Amended] February 19, 2007. Two of the ASBs specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding have identical numbers and dates. There rules on aviation safety. Subtitle I, the following new AD:

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Eurocopter France: Docket No. FAA–2009– With a defective servo-control, rotation of the the servo-control, or not later than 2 years 0663; Directorate Identifier 2007–SW– distributor might not be stopped after the effective date of this AD, whichever 25–AD. mechanically since only friction of inner occurs first, replace the servo-control with an Comments Due Date seals holds the distributor sleeve in its airworthy servo-control that has an ‘‘R’’ position. If not corrected this condition could marked in the inspection box of the servo- (a) We must receive comments by cause untimely movements of servo-controls, control identification plate or one with a September 2, 2009. which are used on main and anti-torque serial number not listed in paragraph 1.A.1 Other Affected ADs rotors, and lead to the loss of control of the of the ASB applicable to your model helicopter. helicopter. (b) None. Actions and Compliance Note 1: The letter ‘‘R’’ marked in the Applicability inspection box of the servo-control (c) This AD applies to Eurocopter France (e) Within 2 months after the effective date of this AD, unless already done, do the identification plate indicates that the servo- (Eurocopter) Model AS 332 C, L, L1, and L2; control cap assembly has been brought into AS 350 B3; AS 355 F, F1, F2, and N; SA 365 following actions. (1) For each servo-control with a P/N and conformity with design data and has been N and N1; AS 365 N2 and N3; SA 366 G1; installed properly. EC 130 B4; and EC 155 B and B1 helicopters, a serial number (S/N) listed in paragraph certificated in any category. 1.A.1. of the applicable Eurocopter Alert (3) There are 2 identically numbered and Service Bulletin (ASB) stated in Table 1 of dated ASBs. There is an ASB No. 67A010, Reason this AD, determine whether there is a letter dated February 19, 2007, that applies to the (d) The mandatory continuing ‘‘R’’ marked in the inspection box of the Model EC130B4 helicopters and an ASB No. airworthiness information (MCAI) states that servo-control identification plate. 67A010, dated February 19, 2007, that the AD is issued following a manufacturing (2) If there is no letter ‘‘R’’ marked in the applies to the Model EC 155B and B1 nonconformity found on one batch of the inspection box of a servo-control helicopters. You must use the ASB that servo-control cap, part number (P/N) 800137. identification plate, on the next removal of applies to your model helicopter.

TABLE 1

For helicopter model Refer to paragraph 1.A.1 of ASB

AS 332 C, L, L1, and L2 ...... No. 67.00.37, dated February 19, 2007. AS 350 B3 ...... No. 67.00.40, dated February 19, 2007. AS 355 F, F1, F2, and N ...... No. 67.00.28, dated February 19, 2007. AS 365 N and N1 ...... No. 67.00.13, dated February 19, 2007. SA 366 G1 ...... No. 67.08, dated February 19, 2007. EC 130 B4 ...... No. 67A010, dated February 19, 2007. EC 155B and B1 ...... No. 67A010, dated February 19, 2007.

Differences between the FAA AD and the Joint Aircraft System/Component (JASC) ADDRESSES: Mail or deliver written MCAI AD Code comments to the Manager, Mailing (f) This AD differs from the MCAI AD in (i) JASC Code 6700: Rotorcraft Flight Standards, U.S. Postal Service, 475 that it: Control. L’Enfant Plaza, SW., Room 3436, (1) Is not applicable to the Model AS 332 Issued in Fort Worth, Texas, on July 14, Washington, DC 20260–3436. You may C1 helicopters because they are not type 2009. inspect and photocopy all written certificated in the United States; Judy I. Carl, comments at USPS Headquarters (2) Does not require returning the servo- Acting Manager, Rotorcraft Directorate, Library, 475 L’Enfant Plaza, SW., 11th controls to the manufacturer; Aircraft Certification Service. Floor N, Washington, DC between 9 a.m. (3) Does not address servo-control ‘‘spares’’ [FR Doc. E9–18429 Filed 7–31–09; 8:45 am] and 4 p.m., Monday through Friday. (parts not installed on a helicopter); BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: Bert (4) Uses the term ‘‘inspect’’ rather than Olsen, 202–268–7276. ‘‘check’’; and SUPPLEMENTARY INFORMATION: On June (5) Includes information explaining that POSTAL SERVICE 18, 2008, Congress enacted the Food, there are 2 ASBs with the same number and Conservation, and Energy Act of 2008 date. 39 CFR Part 111 (the 2008 Act) which amended certain Other Information provisions of the Animal Welfare Act Advertisements for Animals and Sharp (g) Alternative Methods of Compliance pertaining to animal fighting ventures. Instruments for Use in Animal Fighting The 2008 Act’s amendments added (AMOCs): The Manager, Safety Management Ventures Are Nonmailable Group, FAA, has the authority to approve prohibitions on using the mail service of AMOCs for this AD, if requested using the AGENCY: Postal ServiceTM. the United States (1) to advertise an procedures found in 14 CFR 39.19. Send ACTION: Proposed rule. animal for use in an animal fighting information to ATTN: Uday Garadi, Aviation venture, or (2) to advertise a knife, a Safety Engineer, Regulations and Policy SUMMARY: The Postal Service proposes gaff, or any other sharp instrument Group, Rotorcraft Directorate, FAA, Fort to revise our mailing standards attached, or designed or intended to be Worth, Texas 76137, telephone (817) 222– pertaining to animal fighting ventures. attached, to the leg of a bird for use in 5123, fax (817) 222–5961. We intend to harmonize our standards an animal fighting venture. The 2008 with section 26 (7 U.S.C. 2156) of the Act also revised the definition of the Related Information Animal Welfare Act as amended by the term ‘‘animal fighting venture’’ to refer (h) MCAI EASA Airworthiness Directive Food, Conservation, and Energy Act of to ‘‘any event, in or affecting interstate 2007–0099, dated April 11, 2007, contains 2008. or foreign commerce’’ involving a fight related information. DATES: Submit comments on or before ‘‘conducted or to be conducted’’ September 2, 2009. between at least two animals. To

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implement the 2008 Act’s amendments a. The term animal means any live b. Advertises a knife, a gaff, or any and to ensure that our standards bird, or any live mammal (e.g., dog), other sharp instrument attached, or comport with the current language in except human. designed or intended to be attached, to section 26 (7 U.S.C. 2156) of the Animal b. The term animal fighting venture the leg of a bird for use in an animal Welfare Act, we propose the new means any event, in or affecting fighting venture. standards below. interstate or foreign commerce, that c. Promotes or in any other manner Although we are exempt from the involves a fight conducted or to be furthers an animal fighting venture. notice and comment requirements of the conducted between at least two animals * * * * * Administrative Procedure Act [5 U.S.C. for purposes of sport, wagering, or We will publish an appropriate 553(b), (c)], regarding proposed entertainment (excluding any activity amendment to 39 CFR 111 to reflect rulemaking by 39 U.S.C. 410(a), the whose primary purpose involves using these changes if our proposal is Postal Service invites comments on the one or more animals in hunting other adopted. following proposed revision of the animals; Mailing Standards of the United States c. The term state means any state of Stanley F. Mires, Postal Service, Domestic Mail Manual, the United States, the District of Chief Counsel, Legislative. incorporated by reference in the Code of Columbia, the Commonwealth of Puerto [FR Doc. E9–18420 Filed 7–31–09; 8:45 am] Federal Regulations. See 39 CFR part Rico, or any U.S. territory or possession. BILLING CODE 7710–12–P 111. * * * * * List of Subjects in 39 CFR Part 111 11.0 Other Restricted and ENVIRONMENTAL PROTECTION Nonmailable Matter Administrative practice and AGENCY procedure, Postal Service. * * * * * [Revise the heading and text of 11.20, 40 CFR Part 62 PART 111—[AMENDED] as follows:] [EPA–R03–OAR–2009–0482; FRL–8938–7] 1. The authority citation for 39 CFR 11.20 Prohibition on Sharp part 111 continues to read as follows: Instruments Intended for Use in an Approval and Promulgation of State Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, Animal Fighting Venture Air Quality Plans for Designated 401, 403, 404, 414, 416, 3001–3011, 3201– Facilities and Pollutants; West 3219, 3403–3406, 3621, 3622, 3626, 3632, The interstate or international mailing Virginia; Control of Emissions From 3633, and 5001. of a knife, a gaff, or any other sharp Existing Commercial and Industrial instrument attached, or designed or 2. Revise the following sections of Incineration (CISWI) Units, Plan intended to be attached, to the leg of a Revision Mailing Standards of the United States bird for use in an animal fighting Postal Service, Domestic Mail Manual ® venture (as defined in section AGENCY: Environmental Protection (DMM ) as follows: 601.9.3.1b) is prohibited (7 U.S.C. 2156). Agency (EPA). * * * * * Violators can be subject to the criminal ACTION: Proposed rule. 600 Basic Standards for All Mailing penalties in 18 U.S.C. 49. See 601.9.3.1 Services for the prohibition on mailing animals SUMMARY: EPA proposes to approve a intended for use in an animal fighting revision to the West Virginia (WV) 601 Mailability venture and 601.12.5.7 for the commercial and industrial solid waste * * * * * restrictions on mailing written, printed, incinerator (CISWI) 111(d)/129 plan (the or graphic matter related to animal ‘‘plan’’). The revision contains a 9.0 Perishable fighting ventures. modified WV Department of * * * * * * * * * * Environmental Protection, Division of Air Quality (DAQ) rule, WV45CSR18, 9.3 Live Animals 12.0 Written, Printed, and Graphic that streamlines the state’s regulatory * * * * * Matter Generally structure for incinerator units into one [Revise the heading and text of 9.3.1, * * * * * rule which incorporates Clean Air Act as follows:] (CAA), section 129 requirements. This 12.5 Other Nonmailable Matter approval action relates only to CISWI 9.3.1 Prohibition on Animals Intended * * * * * units. In the Final Rules section of this for Use in an Animal Fighting Venture [Revise the heading and text of 12.5.7, Federal Register, EPA is approving the An animal is nonmailable if such as follows:] State of West Virginia’s CISWI plan animal is being mailed for the purpose revision submittal as a direct final rule 12.5.7 Restriction on Matter Related of having it participate in an animal without prior proposal because the to Animal Fighting Ventures fighting venture (7 U.S.C. 2156). This Agency views this as a noncontroversial standard applies regardless of whether This standard does not pertain to action and anticipate no adverse such venture is permitted under the written, printed, or graphic matter comments. A detailed rationale for the laws of the state in which it is related to fighting ventures involving approval is set forth in the direct final conducted. Violators can be subject to live birds if such fight is permitted rule. If no adverse comments are the criminal penalties in 18 U.S.C. 49. under the laws of the state in which the received in response to this action, no See 601.11.20 for the prohibition on fight is to take place (7 U.S.C. 2156). further activity is contemplated. If EPA mailing sharp instruments intended for The terms animal, animal fighting receives adverse comments, the direct use in an animal fighting venture and venture, and state are defined in final rule will be withdrawn and all 601.12.5.7 for restrictions on mailing 601.9.3.1. Written, printed, or graphic public comments received will be written, printed, or graphic matter matter is nonmailable if it: addressed in a subsequent final rule related to animal fighting ventures. a. Advertises an animal for use in an based on this proposed rule. EPA will For this standard: animal fighting venture. not institute a second comment period.

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Any parties interested in commenting http://www.regulations.gov index. that streamlines and consolidates the on this action should do so at this time. Although listed in the index, some state’s regulatory structure for DATES: Comments must be received in information is not publicly available, incinerator units into one rule which writing by September 2, 2009. i.e., CBI or other information whose incorporates Clean Air Act (CAA), ADDRESSES: Submit your comments, disclosure is restricted by statute. section 129, requirements. This identified by Docket ID Number EPA– Certain other material, such as approval action relates only to HMIWI R03–OAR–2009–0482 by one of the copyrighted material, is not placed on units. In the Final Rules section of this following methods: the Internet and will be publicly Federal Register, EPA is approving the A. http://www.regulations.gov. Follow available only in hard copy form. State of West Virginia’s HMIWI plan the online instructions for submitting Publicly available docket materials are revision submittal as a direct final rule comments. available either electronically in http:// without prior proposal because the B. E-mail: E-mail: http:// www.regulations.gov or in hard copy Agency views this as a noncontroversial [email protected]. during normal business hours at the Air action and anticipates no adverse C. Mail: EPA–R03–OAR–2009–0482, Protection Division, U.S. Environmental comments. A detailed rationale for the Walter Wilkie, Chief, Air Quality Protection Agency, Region III, 1650 approval is set forth in the direct final Analysis Branch, Mailcode 3AP22, U.S. Arch Street, Philadelphia, Pennsylvania rule. If no adverse comments are Environmental Protection Agency, 19103. Copies of the State submittal are received in response to this action, no Region III, 1650 Arch Street, available at the West Virginia Division further activity is contemplated. If EPA Philadelphia, Pennsylvania 19103. of Air Quality, 601 57th Street, SE., receives adverse comments, the direct D. Hand Delivery: At the previously- Charleston, West Virginia 25304. final rule will be withdrawn and all listed EPA Region III address. Such FOR FURTHER INFORMATION CONTACT: public comments received will be deliveries are only accepted during the James B. Topsale, P.E., at (215) 814– addressed in a subsequent final rule Docket’s normal hours of operation, and 2190, or by e-mail at based on this proposed rule. EPA will special arrangements should be made [email protected]. Please note that not institute a second comment period. for deliveries of boxed information. while questions may be posed via phone Any parties interested in commenting Instructions: Direct your comments to and e-mail, formal comments must be on this action should do so at this time. Docket ID No. EPA–R03–OAR–2009– submitted in writing, as indicated in the DATES: Comments must be received in 0482 EPA’s policy is that all comments ADDRESSES section of this document. writing by September 2, 2009. received will be included in the public SUPPLEMENTARY INFORMATION: For ADDRESSES: Submit your comments, docket without change, and may be further information, please see the identified by Docket ID Number EPA– made available online at http:// information provided in the direct final R03–OAR–2009–0463 by one of the www.regulations.gov, including any action, with the same title, that is following methods: personal information provided, unless located in the ‘‘Rules and Regulations’’ A. http://www.regulations.gov. Follow the comment includes information section of this Federal Register the on-line instructions for submitting claimed to be Confidential Business publication. comments. Information (CBI) or other information Dated: July 21, 2009. B. E-mail: http:// whose disclosure is restricted by statute. William C. Early, [email protected]. Do not submit information that you C. Mail: EPA–R03–OAR–2009–0463, consider to be CBI or otherwise Acting Regional Administrator, EPA Region III. Walter Wilkie, Chief, Air Quality protected through http:// Analysis Branch, Mailcode 3AP22, U.S. [FR Doc. E9–18479 Filed 7–31–09; 8:45 am] www.regulations.gov or e-mail. The Environmental Protection Agency, http://www.regulations.gov Web site is BILLING CODE 6560–50–P Region III, 1650 Arch Street, an ‘‘anonymous access’’ system, which Philadelphia, Pennsylvania 19103. means EPA will not know your identity ENVIRONMENTAL PROTECTION D. Hand Delivery: At the previously- or contact information unless you AGENCY listed EPA Region III address. Such provide it in the body of your comment. deliveries are only accepted during the If you send an e-mail comment directly 40 CFR Part 62 Docket’s normal hours of operation, and to EPA without going through http:// special arrangements should be made www.regulations.gov, your e-mail [EPA–R03–OAR–2009–0463; FRL–8938–9] for deliveries of boxed information. address will be automatically captured Instructions: Direct your comments to Approval and Promulgation of State and included as part of the comment Docket ID No. EPA–R03–OAR–2009– Air Quality Plans for Designated that is placed in the public docket and 0463. EPA’s policy is that all comments Facilities and Pollutants; West made available on the Internet. If you received will be included in the public Virginia; Control of Emissions From submit an electronic comment, EPA docket without change, and may be Existing Hospital/Medical/Infectious recommends that you include your made available online at http:// Waste Incinerator Units, Plan Revision name and other contact information in www.regulations.gov, including any the body of your comment and with any AGENCY: Environmental Protection personal information provided, unless disk or CD–ROM you submit. If EPA Agency (EPA). the comment includes information cannot read your comment due to ACTION: Proposed rule. claimed to be Confidential Business technical difficulties and cannot contact Information (CBI) or other information you for clarification, EPA may not be SUMMARY: EPA proposes to approve a whose disclosure is restricted by statute. able to consider your comment. revision to the West Virginia (WV) Do not submit information that you Electronic files should avoid the use of hospital/medical/infectious waste consider to be CBI or otherwise special characters, any form of incinerator (HMIWI) 111(d)/129 plan protected through http:// encryption, and be free of any defects or (the ‘‘plan’’). The revision contains a www.regulations.gov or e-mail. viruses. modified WV Department of The http://www.regulations.gov Web Docket: All documents in the Environmental Protection, Division of site is an ‘‘anonymous access’’ system, electronic docket are listed in the Air Quality (DAQ) rule, WV45CSR18, which means EPA will not know your

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identity or contact information unless DEPARTMENT OF HOMELAND (FEMA) proposes to make you provide it in the body of your SECURITY determinations of BFEs and modified comment. If you send an e-mail BFEs for each community listed below, comment directly to EPA without going Federal Emergency Management in accordance with section 110 of the through http://www.regulations.gov, Agency Flood Disaster Protection Act of 1973, your e-mail address will be 42 U.S.C. 4104, and 44 CFR 67.4(a). automatically captured and included as 44 CFR Part 67 These proposed BFEs and modified part of the comment that is placed in the [Docket ID FEMA–2008–0020; Internal BFEs, together with the floodplain public docket and made available on the Agency Docket No. FEMA–B–1058] management criteria required by 44 CFR Internet. If you submit an electronic 60.3, are the minimum that are required. comment, EPA recommends that you Proposed Flood Elevation They should not be construed to mean include your name and other contact Determinations that the community must change any existing ordinances that are more information in the body of your AGENCY: Federal Emergency stringent in their floodplain comment and with any disk or CD–ROM Management Agency, DHS. you submit. If EPA cannot read your management requirements. The ACTION: Proposed rule. comment due to technical difficulties community may at any time enact and cannot contact you for clarification, SUMMARY: Comments are requested on stricter requirements of its own, or EPA may not be able to consider your the proposed Base (1% annual-chance) pursuant to policies established by other comment. Electronic files should avoid Flood Elevations (BFEs) and proposed Federal, State, or regional entities. the use of special characters, any form BFE modifications for the communities These proposed elevations are used to of encryption, and be free of any defects listed in the table below. The purpose meet the floodplain management or viruses. of this notice is to seek general requirements of the NFIP and are also information and comment regarding the used to calculate the appropriate flood Docket: All documents in the insurance premium rates for new electronic docket are listed in the http:// proposed regulatory flood elevations for the reach described by the downstream buildings built after these elevations are www.regulations.gov index. Although made final, and for the contents in these listed in the index, some information is and upstream locations in the table below. The BFEs and modified BFEs are buildings. not publicly available, i.e., CBI or other a part of the floodplain management Comments on any aspect of the Flood information whose disclosure is measures that the community is Insurance Study and FIRM, other than restricted by statute. Certain other required either to adopt or show the proposed BFEs, will be considered. material, such as copyrighted material, evidence of having in effect in order to A letter acknowledging receipt of any is not placed on the Internet and will be qualify or remain qualified for comments will not be sent. publicly available only in hard copy participation in the National Flood National Environmental Policy Act. form. Publicly available docket Insurance Program (NFIP). In addition, This proposed rule is categorically materials are available either these elevations, once finalized, will be excluded from the requirements of 44 electronically in http:// used by insurance agents, and others to CFR part 10, Environmental www.regulations.gov or in hard copy calculate appropriate flood insurance Consideration. An environmental during normal business hours at the Air premium rates for new buildings and impact assessment has not been Protection Division, U.S. Environmental the contents in those buildings. prepared. Protection Agency, Region III, 1650 Regulatory Flexibility Act. As flood DATES: Comments are to be submitted elevation determinations are not within Arch Street, Philadelphia, Pennsylvania on or before November 2, 2009. 19103. Copies of the State submittal are the scope of the Regulatory Flexibility ADDRESSES: The corresponding available at the West Virginia Division Act, 5 U.S.C. 601–612, a regulatory preliminary Flood Insurance Rate Map of Air Quality, 601 57th Street, SE., flexibility analysis is not required. (FIRM) for the proposed BFEs for each Charleston, West Virginia 25304. Executive Order 12866, Regulatory community is available for inspection at Planning and Review. This proposed FOR FURTHER INFORMATION CONTACT: the community’s map repository. The rule is not a significant regulatory action James B. Topsale, P.E., at (215) 814– respective addresses are listed in the under the criteria of section 3(f) of 2190, or by e-mail at table below. Executive Order 12866, as amended. [email protected]. Please note that You may submit comments, identified Executive Order 13132, Federalism. while questions may be posed via phone by Docket No. FEMA–B–1058, to This proposed rule involves no policies and e-mail, formal comments must be William R. Blanton Jr., Chief, that have federalism implications under submitted in writing, as indicated in the Engineering Management Branch, Executive Order 13132. ADDRESSES section of this document. Mitigation Directorate, Federal Executive Order 12988, Civil Justice Emergency Management Agency, 500 C Reform. This proposed rule meets the SUPPLEMENTARY INFORMATION: For Street, SW., Washington, DC 20472, further information, please see the applicable standards of Executive Order (202) 646–3151, or (e-mail) 12988. information provided in the direct final [email protected]. action, with the same title, that is List of Subjects in 44 CFR Part 67 located in the ‘‘Rules and Regulations’’ FOR FURTHER INFORMATION CONTACT: William R. Blanton Jr., Chief, Administrative practice and section of this Federal Register procedure, Flood insurance, Reporting publication. Engineering Management Branch, Mitigation Directorate, Federal and recordkeeping requirements. Dated: July 21, 2009. Emergency Management Agency, 500 C Accordingly, 44 CFR part 67 is William C. Early, Street, SW., Washington, DC 20472, proposed to be amended as follows: Acting Regional Administrator, EPA Region (202) 646–3151, or (e-mail) III. [email protected]. PART 67—[AMENDED] [FR Doc. E9–18481 Filed 7–31–09; 8:45 am] SUPPLEMENTARY INFORMATION: The 1. The authority citation for part 67 BILLING CODE 6560–50–P Federal Emergency Management Agency continues to read as follows:

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Authority: 42 U.S.C. 4001 et seq.; § 67.4 [Amended] Reorganization Plan No. 3 of 1978, 3 CFR, 2. The tables published under the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, authority of § 67.4 are proposed to be 3 CFR, 1979 Comp., p. 376. amended as follows:

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet Flooding source(s) Location of referenced elevation** above ground Communities affected ∧ Elevation in meters (MSL) Effective Modified

Barnstable County, Massachusetts (All Jurisdictions)

Atlantic Ocean ...... Along the shoreline at the south end of Ocean View +9 +14 Town of Chatham, Town Drive. of Eastham, Town of Orleans, Town of Provincetown, Town of Truro. Along the shoreline, approximately 1,200 feet south of +12 +14 the projection of Beach Road. Buzzards Bay ...... Along the shoreline, approximately 130 feet west of +18 +21 Town of Falmouth. the intersection of County Road and Pine Bank Road. Cape Cod Bay ...... Along the shoreline at the intersection of Commercial None +9 Town of Provincetown, Street and Conway Street. Town of Barnstable, Town of Brewster, Town of Sandwich, Town of Truro, Town of Wellfleet. Along the shoreline at the intersection of Ellis Landing None +17 Road and Captain Dunbar Road. Nantucket Sound ...... Along the shoreline approximately 550 feet south of +10 +14 Town of Barnstable, Town the intersection of Chase Avenue and Belmont of Chatham, Town of Road. Dennis, Town of Har- wich, Town of Yarmouth. Along the shoreline, approximately 750 feet west of None +15 the Parker’s River western jetty.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Barnstable Maps are available for inspection at the Town Hall, 367 Main Street, Hyannis, MA 02649. Town of Brewster Maps are available for inspection at the Town Hall, 2198 Main Street, Brewster, MA 02631. Town of Chatham Maps are available for inspection at the Town Hall, 549 Main Street, Chatham, MA 02633. Town of Dennis Maps are available for inspection at the Town Hall, 485 Main Street, South Dennis, MA 02660. Town of Eastham Maps are available for inspection at the Town Hall, 2500 State Highway, Eastham, MA 02642. Town of Falmouth Maps are available for inspection at the Town Hall, 59 Town Hall Square, Falmouth, MA 02540. Town of Harwich Maps are available for inspection at the Town Hall, 732 Main Street, Harwich, MA 02645. Town of Orleans Maps are available for inspection at the Town Hall, 19 School Road, Orleans, MA 02653. Town of Provincetown Maps are available for inspection at the Town Hall, 260 Commercial Street, Provincetown, MA 02657. Town of Sandwich Maps are available for inspection at the Town Hall, 130 Main Street, Sandwich, MA 02563. Town of Truro Maps are available for inspection at the Town Hall, 24 Town Hall Road, Truro, MA 02666.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet Flooding source(s) Location of referenced elevation** above ground Communities affected ∧ Elevation in meters (MSL) Effective Modified

Town of Wellfleet Maps are available for inspection at the Town Hall, 300 Main Street, Wellfleet, MA 02667. Town of Yarmouth Maps are available for inspection at the Town Hall, 1146 Route 28, South Yarmouth, MA 02664.

(Catalog of Federal Domestic Assistance No. [email protected], Media allotments. See 47 CFR 1.1204(b) for 97.022, ‘‘Flood Insurance.’’) Bureau, (202) 418–1600. rules governing permissible ex parte Dated: July 23, 2009. SUPPLEMENTARY INFORMATION: This is a contacts. Deborah S. Ingram, synopsis of the Commission’s Notice of For information regarding proper Acting Deputy Assistant Administrator for Proposed Rule Making, MB Docket No. filing procedures for comments, see 47 Mitigation, Mitigation Directorate, 09–129, adopted July 20, 2009, and CFR 1.415 and 1.420. Department of Homeland Security, Federal released July 22, 2009. The full text of List of Subjects in 47 CFR Part 73 Emergency Management Agency. this document is available for public [FR Doc. E9–18407 Filed 7–31–09; 8:45 am] inspection and copying during normal Television, Television broadcasting. BILLING CODE 9110–12–P business hours in the FCC’s Reference For the reasons discussed in the Information Center at Portals II, CY– preamble, the Federal Communications A257, 445 12th Street, SW., Commission proposes to amend 47 CFR FEDERAL COMMUNICATIONS Washington, DC 20554. This document part 73 as follows: COMMISSION will also be available via ECFS (http:// www.fcc.gov/cgb/ecfs/). (Documents PART 73—RADIO BROADCAST 47 CFR Part 73 will be available electronically in ASCII, SERVICES Word 97, and/or Adobe Acrobat.) This [DA 09–1576; MB Docket No. 09–129; RM– 1. The authority citation for part 73 11549] document may be purchased from the continues to read as follows: Commission’s duplicating contractor, Authority: 47 U.S.C. 154, 303, 334, 336. Television Broadcasting Services; Best Copy and Printing, Inc., 445 12th Hutchinson and Wichita, KS Street, SW., Room CY–B402, § 73.622 [Amended] Washington, DC 20554, telephone 2. Section 73.622(i), the Post- AGENCY: Federal Communications 1–800–478–3160 or via e-mail http:// Transition Table of DTV Allotments Commission. www.BCPIWEB.com. To request this under Kansas is amended by adding ACTION: Proposed rule. document in accessible formats DTV channel 19 and removing DTV (computer diskettes, large print, audio SUMMARY: channel 12 at Hutchinson and by adding The Commission has before it recording, and Braille), send an e-mail a petition for rulemaking filed by DTV channel 12 and removing DTV to [email protected] or call the channel 19 at Wichita. Sunflower Broadcasting, Inc. Commission’s Consumer and (‘‘Sunflower’’), the licensee of stations Governmental Affairs Bureau at (202) Federal Communications Commission. KWCH–DT, Hutchinson, Kansas, DTV 418–0530 (voice), (202) 418–0432 Clay C. Pendarvis, channel 12, and KSCW–DT, Wichita, (TTY). This document does not contain Associate Chief, Video Division, Media Kansas, DTV channel 19. Sunflower proposed information collection Bureau. requests the substitution of DTV requirements subject to the Paperwork [FR Doc. E9–18470 Filed 7–31–09; 8:45 am] channel 19 for KWCH–DT’s assigned Reduction Act of 1995, Public Law 104– BILLING CODE 6712–01–P DTV channel 12 at Hutchinson and the 13. In addition, therefore, it does not substitution of DTV channel 12 for contain any proposed information KSCW–DT’s assigned DTV channel 19 collection burden ‘‘for small business FEDERAL COMMUNICATIONS at Wichita. concerns with fewer than 25 COMMISSION DATES: Comments must be filed on or employees,’’ pursuant to the Small 47 CFR Part 73 before August 18, 2009, and reply Business Paperwork Relief Act of 2002, comments on or before August 28, 2009. Public Law 107–198, see 44 U.S.C. [DA 09–1595; MB Docket No. 09–132; RM– ADDRESSES: Federal Communications 3506(c)(4). 11550] Commission, Office of the Secretary, Provisions of the Regulatory 445 12th Street, SW., Washington, DC Flexibility Act of 1980 do not apply to Television Broadcasting Services; Fort 20554. In addition to filing comments this proceeding. Members of the public Worth, TX with the FCC, interested parties should should note that from the time a Notice AGENCY: Federal Communications serve counsel for petitioner as follows: of Proposed Rule Making is issued until Commission. Wilmer Cutler Pickering, Hale and Dorr the matter is no longer subject to ACTION: Proposed rule. LLP, 1875 Pennsylvania Avenue, NW., Commission consideration or court Washington, DC 20006. review, all ex parte contacts are SUMMARY: The Commission has before it FOR FURTHER INFORMATION CONTACT: prohibited in Commission proceedings, a petition for rulemaking filed by CBS Adrienne Y. Denysyk, such as this one, which involve channel Stations Group of Texas, L.P. (‘‘CBS

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Stations Group’’) and Television Station Provisions of the Regulatory requests the substitution of digital KTXA, L.P. (‘‘KTXA L.P.’’) (collectively, Flexibility Act of 1980 do not apply to channel 9 for digital channel 28 at ‘‘Joint Petitioners’’), the respective this proceeding. Members of the public Boise. licensees of Fort Worth, Texas stations should note that from the time a Notice DATES: Comments must be filed on or KTVT(TV), channel 11, and KTXA(TV), of Proposed Rule Making is issued until before August 18, 2009, and reply channel 19. The Joint Petitioners request the matter is no longer subject to comments on or before August 28, 2009. the substitution of DTV channel 19 for Commission consideration or court ADDRESSES: Federal Communications KTVT(TV)’s assigned DTV channel 11 at review, all ex parte contacts are Commission, Office of the Secretary, Fort Worth and the substitution of DTV prohibited in Commission proceedings, 445 12th Street, SW., Washington, DC channel 29 for KTXA(TV)’s assigned such as this one, which involve channel 20554. In addition to filing comments DTV channel 19 at Fort Worth. allotments. See 47 CFR 1.1204(b) for with the FCC, interested parties should DATES: Comments must be filed on or rules governing permissible ex parte serve counsel for petitioner as follows: before August 18, 2009, and reply contacts. Wade H. Hargrove, Esq., Brooks, Pierce, comments on or before August 28, 2009. For information regarding proper McLendon, Humphrey, and Leonard, filing procedures for comments, see 47 LLP, PO Box 1800, Raleigh, NC 27602. ADDRESSES: Federal Communications CFR 1.415 and 1.420. Commission, Office of the Secretary, FOR FURTHER INFORMATION CONTACT: 445 12th Street, SW., Washington, DC List of Subjects in 47 CFR Part 73 Joyce L. Bernstein, 20554. In addition to filing comments Television, Television broadcasting. [email protected], Media Bureau, with the FCC, interested parties should (202) 418–1600. For the reasons discussed in the serve counsel for petitioner as follows: SUPPLEMENTARY INFORMATION: This is a preamble, the Federal Communications Howard F. Jaeckel, Esq., 51 W. 52nd synopsis of the Commission’s Notice of Commission proposes to amend 47 CFR Street, New York, New York 10019 Proposed Rule Making, MB Docket No. part 73 as follows: FOR FURTHER INFORMATION CONTACT: 09–96, adopted July 22, 2009, and Adrienne Y. Denysyk, PART 73—RADIO BROADCAST released July 23, 2009. The full text of [email protected], Media SERVICES this document is available for public Bureau, (202) 418–1600. inspection and copying during normal 1. The authority citation for part 73 business hours in the FCC’s Reference SUPPLEMENTARY INFORMATION: This is a continues to read as follows: Information Center at Portals II, synopsis of the Commission’s Notice of Authority: 47 U.S.C. 154, 303, 334, 336. CY–A257, 445 12th Street, SW., Proposed Rule Making, MB Docket No. Washington, DC 20554. This document 09–132, adopted July 21, 2009, and § 73.622 [Amended] will also be available via ECFS (http:// released July 24, 2009. The full text of 2. Section 73.622(i), the Post- www.fcc.gov/cgb/ecfs/). (Documents this document is available for public Transition Table of DTV Allotments will be available electronically in ASCII, inspection and copying during normal under Texas is first amended by adding Word 97, and/or Adobe Acrobat.) This business hours in the FCC’s Reference DTV channel 29 and removing DTV document may be purchased from the Information Center at Portals II, CY– channel 19 at Fort Worth. Commission’s duplicating contractor, A257, 445 12th Street, SW., 3. Section 73.622(i), the Post- Best Copy and Printing, Inc., 445 12th Washington, DC 20554. This document Transition Table of DTV Allotments Street, SW., Room CY–B402, will also be available via ECFS (http:// under Texas is next amended by adding Washington, DC 20554, telephone www.fcc.gov/cgb/ecfs/). (Documents DTV channel 19 and removing DTV 1–800–478–3160 or via e-mail http:// will be available electronically in ASCII, channel 11 at Fort Worth. www.BCPIWEB.com. To request this Word 97, and/or Adobe Acrobat.) This document in accessible formats Federal Communications Commission. document may be purchased from the (computer diskettes, large print, audio Commission’s duplicating contractor, Clay C. Pendarvis, recording, and Braille), send an e-mail Best Copy and Printing, Inc., 445 12th Associate Chief, Video Division, Media to [email protected] or call the Street, SW., Room CY–B402, Bureau. Commission’s Consumer and Washington, DC 20554, telephone [FR Doc. E9–18471 Filed 7–31–09; 8:45 am] Governmental Affairs Bureau at (202) 1–800–478–3160 or via e-mail http:// BILLING CODE 6712–01–P 418–0530 (voice), (202) 418–0432 www.BCPIWEB.com. To request this (TTY). This document does not contain document in accessible formats proposed information collection (computer diskettes, large print, audio FEDERAL COMMUNICATIONS requirements subject to the Paperwork recording, and Braille), send an e-mail COMMISSION Reduction Act of 1995, Public Law 104– to [email protected] or call the 47 CFR Part 73 13. In addition, therefore, it does not Commission’s Consumer and contain any proposed information Governmental Affairs Bureau at (202) [DA 09–1579; MB Docket No. 09–96; RM– collection burden ‘‘for small business 418–0530 (voice), (202) 418–0432 11537] concerns with fewer than 25 (TTY). This document does not contain employees,’’ pursuant to the Small Television Broadcasting Services; proposed information collection Business Paperwork Relief Act of 2002, Boise, ID requirements subject to the Paperwork Public Law 107–198, see 44 U.S.C. Reduction Act of 1995, Public Law 104– AGENCY: Federal Communications 3506(c)(4). 13. In addition, therefore, it does not Commission. Provisions of the Regulatory contain any proposed information ACTION: Proposed rule. Flexibility Act of 1980 do not apply to collection burden ‘‘for small business this proceeding. Members of the public concerns with fewer than 25 SUMMARY: The Commission has before it should note that from the time a Notice employees,’’ pursuant to the Small a petition for rulemaking filed by Fisher of Proposed Rule Making is issued until Business Paperwork Relief Act of 2002, Broadcasting—Idaho TV, L.L.C. the matter is no longer subject to Public Law 107–198, see 44 U.S.C. (‘‘Fisher’’), the licensee of KBCI–DT, Commission consideration or court 3506(c)(4). digital channel 28, Boise, Idaho. Fisher review, all ex parte contacts are

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prohibited in Commission proceedings, For the reasons discussed in the § 73.622 [Amended] such as this one, which involve channel preamble, the Federal Communications 2. Section 73.622(i), the Post- allotments. See 47 CFR 1.1204(b) for Commission proposes to amend 47 CFR Transition Table of DTV Allotments rules governing permissible ex parte part 73 as follows: under Idaho is amended by adding DTV contacts. channel 9 and removing DTV channel PART 73—RADIO BROADCAST For information regarding proper 28 at Boise. SERVICES filing procedures for comments, see 47 Federal Communications Commission. CFR 1.415 and 1.420. 1. The authority citation for part 73 Clay C. Pendarvis, continues to read as follows: Associate Chief, Video Division, Media List of Subjects in 47 CFR Part 73 Bureau. Authority: 47 U.S.C. 154, 303, 334, 336. Television, Television broadcasting. [FR Doc. E9–18473 Filed 7–31–09; 8:45 am] BILLING CODE 6712–01–P

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Notices Federal Register Vol. 74, No. 147

Monday, August 3, 2009

This section of the FEDERAL REGISTER comments for the preparation of the EA. San Isabel Electric Association, 893 East contains documents other than rules or The scoping meetings will be held on Enterprise Drive, Pueblo West, CO proposed rules that are applicable to the the following dates: Monday, August 17, 81007–1476 public. Notices of hearings and investigations, 2009, from 4–7 p.m. at the Blanca/Fort La Veta Public Library District, 310 committee meetings, agency decisions and Main Street, La Veta, CO 81055–0028 rulings, delegations of authority, filing of Garland Community Center, 17591 petitions and applications and agency Highway 160, Blanca, Colorado 81123; Robert Hoag Rawlings Public Library, statements of organization and functions are Tuesday, August 18, 2009, from 4–7 100 East Abriendo Avenue, , Pueblo, examples of documents appearing in this p.m. at the Alamosa Recreation Center, CO 81004–4232 section. 2222 Old Sanford Road, Alamosa, Costilla County Public Library, 418 Colorado 81101; Wednesday, August 19, Gasper Street, San Luis, CO 81152– 2009, from 9 a.m.–11 a.m. at the 0351 DEPARTMENT OF AGRICULTURE Gardner Community Center, 28 County San Luis Valley Rural Electric Road 632, Gardner, Colorado 81040; Cooperative, 3625 U.S. Highway 160 Rural Utilities Service Wednesday, August 19, 2009, from 4–7 W, Monte Vista, CO 81144–9300 p.m. at the Walsenburg Community Southern Peaks Public Library, 423 Tri-State Generation and Transmission Fourth Street , Alamosa, CO 81101– Association, Inc., Notice of Intent To Center, 928 Russell Avenue, Walsenburg, Colorado 81089–2155; 2601 Hold Public Scoping Meetings and Carnegie Public Library, 120 Jefferson Thursday, August 20, 2009, from 9 Prepare an Environmental Assessment Street, Monte Vista, CO 81144–1797 a.m.–11 a.m. at the Hollydot Golf Lamb Branch Library, 2525 South AGENCY: Rural Utilities Service, USDA. Course, 55 North Parkway Drive, Pueblo Boulevard, Pueblo, CO 81005– ACTION: Notice of Intent to Hold Public Colorado City, Colorado 81019; and 2700 Scoping Meetings and Prepare an Thursday, August 20, 2009, from 4–7 Environmental Assessment. Spanish Peaks Library District, 323 p.m. at the Sangre de Cristo Arts and Main Street, Walsenburg, CO 81089– Conference Center, 210 N. Santa Fe SUMMARY: The Rural Utilities Service 1842 Avenue, Pueblo, Colorado 81003. All (RUS) intends to hold public scoping SUPPLEMENTARY INFORMATION: written questions and comments must The meetings and prepare an Environmental primary purpose for the proposed action Assessment (EA) to meet its be received by RUS by September 21, 2009. is to improve the electric service and responsibilities under the National increase reliability for Tri-State and Environmental Policy Act (NEPA) and 7 ADDRESSES: To send comments or for Public Service customers in the San CFR part 1794 in connection with further information, contact: Dennis Luis Valley and Front Range areas. The potential impacts related to a proposed Rankin, Environmental Protection proposed action would also provide a project in Colorado by Tri-State Specialist, USDA Rural Utilities Service, transmission outlet for renewable Generation and Transmission at 1400 Independence Avenue, SW., energy generation in the San Luis Association, Inc. (Tri-State) and Public Stop 1571, Washington, DC 20250– Valley. This proposed action will assist Service Company of Colorado (Public 1571, or e-mail: Tri-State and Public Service in meeting Service), an Xcel Energy Operating [email protected]. A their respective transmission needs in Company. The proposed San Luis combined Alternative Evaluation Study the region by using one common Valley-Calumet-Comanche (AES) and Macro Corridor Study (MCS) transmission corridor instead of two Transmission Project (proposed action) has been prepared for the San Luis separate corridors. This joint approach consists of the following: a proposed Valley to Walsenburg portion of the will minimize potential impacts to 230/345-kilovolt (kV) Calumet proposed project, and an AES and MCS property owners and the environment. Substation to be located approximately have been prepared for the Calumet to Tri-State is seeking financing from 6 miles north of the existing Walsenburg Comanche portion of the proposed RUS for its percent ownership in the Substation in Huerfano County; a project. All documents are available for proposed project. Prior to making a proposed double-circuit 230-kV public review prior to and at the public financial decision about whether to transmission line between the existing scoping meetings. The reports are provide financial assistance for a San Luis Valley Substation in Alamosa available at the RUS address provided proposed project, RUS is required to County and the Calumet Substation; a in this notice and on the agency’s Web conduct an environmental review under proposed single-circuit 230-kV site: http://www.usda.gov/rus/water/ the NEPA in accordance with the RUS transmission line between the Calumet ees/eis.htm. The documents are also policies and procedures codified in 7 Substation and the Walsenburg available for review at the offices of Tri- CFR Part 1794. Government agencies, Substation; and a proposed double- State and its member cooperatives San private organizations, and the public are circuit 345-kV transmission line Luis Valley Rural Electric Cooperative invited to participate in the planning connecting the Calumet Substation to and San Isabel Electric Cooperative. In and analysis of the proposed action. the existing Comanche Substation in Representatives from the RUS, Tri-State, Pueblo County. Tri-State is requesting addition, the following repositories will have the AES and MCS available for and Public Service will be available at that RUS provide financial assistance the scoping meetings to discuss the public review: for the proposed action. environmental review process, describe DATES: RUS will conduct public scoping Tri-State Generation & Transmission, the proposed action, discuss the scope meetings in an open house format to 1100 West 116th Avenue, of environmental issues to be provide information and solicit Westminster, CO 80234–2814, considered, answer questions, and

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accept comments. RUS will use SUMMARY: The Cooperative State Done at Washington, DC, this 28th day of comments and input provided by Research, Education, and Extension July 2009. government agencies, private Service (CSREES) is announcing the Ralph A. Otto, organizations, and the public in the release of the FY 2009 Healthy Urban Associate Administrator, Cooperative State preparation of the Draft EA. If RUS Food Enterprise Development Center Research, Education, and Extension Service. finds, based on the EA, that the (HUFED–Center) Request for [FR Doc. E9–18411 Filed 7–31–09; 8:45 am] proposed action will not have a Applications (RFA) via Grants.gov. BILLING CODE 3410–22–P significant effect on the quality of the DATES: human environment, RUS will prepare The FY 2009 Healthy Urban Food Enterprise Development Center a Finding of No Significant Impact COMMISSION ON CIVIL RIGHTS (FONSI). Public notification of a (HUFED–Center) RFA was posted to Finding of No Significant Impact would Grants.gov on Tuesday, July 14, 2009 Agenda and Notice of Public Meeting be published in the Federal Register and applications must be received via of the New Hampshire Advisory and in newspapers with circulation in Grants.gov by 5 p.m. Eastern Time on Committee the project area. RUS may take its final Wednesday, August 12, 2009. Notice is hereby given, pursuant to action on proposed actions requiring an FOR FURTHER INFORMATION CONTACT: the provisions of the rules and EA (§ 1794.23) any time after Elizabeth Tuckermanty 202–205–0241 publication of applicant notices that a regulations of the U.S. Commission on (phone), 202–401–6488 (fax), or Civil Rights and the Federal Advisory FONSI has been made and any required [email protected]. review period has expired. When Committee Act, that the New Hampshire substantive comments are received on SUPPLEMENTARY INFORMATION: Advisory Committee will convene a the EA, RUS may provide an additional briefing meeting and planning meeting Background and Purpose period (15 days) for public review at 10 a.m. on Friday, August 14, 2009, following the publication of its FONSI at the Legislative Office Building, Room Section 4402 of the Food, 201, Concord, New Hampshire 03301. determination. Final action will not be Conservation and Energy Act of 2008 taken until this review period has The purpose of the briefing meeting is (Pub. L. 110–246) amended section 25 of to hear presentations from experts about expired. Where appropriate to carry out the Food and Nutrition Act of 2008 the purposes of NEPA, RUS may civil rights issues in the State. The which requires that the Secretary of purpose of the planning meeting is for impose, on a case-by-case basis, Agriculture provide a grant to a additional requirements associated with the Committee to discuss possible topics nonprofit organization to establish and for the Committee’s future civil rights the preparation of an EA. If at any point support a healthy urban food enterprise in the preparation of an EA, RUS project. development center. The purpose of the Members of the public are entitled to determines that the proposed action will HUFED Center is to increase access to have a significant effect on the quality submit written comments; the healthy, affordable foods, including comments must be received in the of the human environment, the locally produced agricultural products, preparation of an Environmental Impact regional office by September 14, 2009. to underserved communities. The The address is the Eastern Regional Statement will be required. HUFED Center will provide training and Any final action by RUS related to the Office, 624 Ninth Street, NW., Suite 740, technical assistance for healthy food Washington, DC 20425. Persons wishing proposed action will be subject to, and enterprises and award sub-grants to contingent upon, compliance with all to e-mail their comments, or who desire eligible entities for healthy food additional information should contact relevant Federal, State, and local enterprise development. The HUFED environmental laws and regulations and Alfreda Greene, Secretary, at 202–376– Center shall provide two main completion of the environmental review 7533 or by e-mail to: [email protected]. functions: (1) Provide for training and requirements as prescribed in the RUS Hearing-impaired persons who will technical assistance (T&TA) for healthy Environmental Policies and Procedures attend the meeting and require the food enterprises; and (2) implement a (7 CFR part 1794). services of a sign language interpreter competitive sub-grant program for should contact the Regional Office at Dated: July 28, 2009. healthy food enterprises. least ten (10) working days before the Mark S. Plank, The HUFED Center was created to scheduled date of the meeting. Director, Engineering and Environmental respond to the need to redevelop a food Records generated from this meeting Staff, Rural Utilities Service. enterprise structure in the United States may be inspected and reproduced at the [FR Doc. E9–18413 Filed 7–31–09; 8:45 am] in order to make more healthy, Eastern Regional Office, as they become BILLING CODE P affordable food available in low-income available, both before and after the areas, to improve access for small and meeting. Persons interested in the work mid-sized agricultural producers, and to of this advisory committee are advised DEPARTMENT OF AGRICULTURE promote the positive economic activities to go to the Commission’s Web site, http://www.usccr.gov, or to contact the Cooperative State Research, generated from attracting food Eastern Regional Office at the above e- Education, and Extension Service enterprises into underserved communities. mail or street address. The meeting will be conducted Notice of Funding Availability for the The estimated amount available for Healthy Urban Food Enterprise pursuant to the rules and regulations of support of this program in FY 2009 is the Commission and FACA. Development Center Request for $900,000. The eligibility criteria for the Applications for Fiscal Year (FY) 2009 project and applicants, and the Dated in Washington, DC, July 29, 2009. Peter Minarik, AGENCY: Cooperative State Research, application forms and associated Education, and Extension Service, instructions needed to apply for a Acting Chief, Regional Programs Coordination Unit. USDA. HUFED Center award can be accessed through the Grants.gov Web site at [FR Doc. E9–18464 Filed 7–31–09; 8:45 am] ACTION: Notice of funding availability. http://www.grants.gov. BILLING CODE 6335–01–P

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DEPARTMENT OF COMMERCE provide the necessary information for Form Number(s): None. meeting agency requirements for Type of Request: Regular submission. Submission for OMB Review; socioeconomic impact analyses under Number of Respondents: 4,323. Comment Request the National Environmental Policy Act Average Hours per Response: One (NEPA), Executive Order 12086 hour and 20 minutes, including pre- The Department of Commerce will (Regulatory Impact Review) and an deployment information, information submit to the Office of Management and Initial and Final Regulatory Flexibility gathered directly from captain/crew Budget (OMB) for clearance the Analysis (impacts on small businesses). during trips, reimbursement requests following proposal for collection of The first step in the assessment process and observer evaluations. information under the provisions of the will be to interview three key sanctuary Burden Hours: 17,455. Paperwork Reduction Act (44 U.S.C. user groups—commercial fishers, for Needs and Uses: NOAA’s National Chapter 35). Marine Fisheries Service (NMFS) hire recreational dive operations and for Agency: National Oceanic and deploys fishery observers on United hire recreational fishing operations Atmospheric Administration (NOAA). States commercial fishing vessels and to (charter and party/head boat Title: Socioeconomics of Commercial fish processing plants in order to collect operations)—with questions focusing Fishers and For Hire Diving and Fishing biological and economic data. NMFS on: (1) General information, economic Operations in the Flower Garden Banks has at least one observer program in information and trip costs; and (2) National Marine Sanctuary. each of its six Regions. These observer knowledge, attitudes and perceptions of OMB Control Number: None. programs provide the only reliable or sanctuary management strategies and Form Number(s): None. most effective method for obtaining regulations. Type of Request: Regular submission. information that is critical for the Affected Public: Business or other for- Number of Respondents: 80. conservation and management of living profit organizations. Average Hours per Response: 3. marine resources. Observer programs Burden Hours: 240. Frequency: One-time only. Respondent’s Obligation: Voluntary. primarily obtain information through Needs and Uses: The National Marine OMB Desk Officer: David Rostker, direct observations by employees or Sanctuaries Act (16 U.S.C. 1431, et seq.) (202) 395–3897. agents of NMFS or through non- authorizes the use of research and Copies of the above information standardized oral communication in monitoring within National Marine collection proposal can be obtained by connection with such direct Sanctuaries (NMS). In 1996, the Flower calling or writing Diana Hynek, observations; and such collections are Gardens Bank National Marine Departmental Paperwork Clearance not generally subject to the Paperwork Sanctuary (FGBNMS) was added to the Officer, (202) 482–0266, Department of Reduction Act (PRA). However, system of NMS via 15 CFR part 922, Commerce, Room 7845, 14th and observer programs also collect the subpart L. In 2001, Stetson Bank was Constitution Avenue, NW., Washington, following information that requires added in a revision of 15 CFR part 922. DC 20230 (or via the Internet at clearance under the PRA: (1) The National Marine Sanctuaries Act [email protected]). Standardized questions of fishing vessel (NMSA) specifies that each NMS should Written comments and captains/crew or fish processing plant revise their management plans on a five- recommendations for the proposed managers/staff, which include gear and year cycle. The FGBNMS has begun the information collection should be sent performance questions, safety questions, management plan review process. The within 30 days of publication of this and trip costs, crew size and other NMSA also allows for the creation of notice to David Rostker, OMB Desk economic questions; (2) questions asked Sanctuary Advisory Councils (SACs). Officer, FAX number (202) 395–7285, or by observer program staff/contractors to SACs are comprised of representatives [email protected]. plan observer deployments; (3) forms of all NMS stakeholders. Management that are completed by observers and that Plan Review (MPR) is a public process Dated: July 28, 2009. fishing vessel captains are asked to and the SACs, along with a series of Gwellnar Banks, review and sign; (4) questionnaires to public meetings, are used to help scope Management Analyst, Office of the Chief evaluate observer performance; (5) out issues in revising the management Information Officer. information used to ensure that the data plans and regulations. SAC Working [FR Doc. E9–18366 Filed 7–31–09; 8:45 am] for a specific trip are not provided to an Groups are often used to evaluate BILLING CODE 3510–NK–P individual (e.g., fisherman) who does management or regulatory alternatives. not have authority to obtain that data In the current MPR for the FGBNMS, under the confidentiality requirements two major issues have emerged: DEPARTMENT OF COMMERCE of the Magnuson-Stevens Fishery Boundary expansion and research-only Conservation and Management Act Submission for OMB Review; areas. In addition, several new or (MSA) and/or the Marine Mammal Comment Request modified regulations are being Protection Act (MMPA); and (6) considered to meet specific needs for The Department of Commerce will information on reimbursement forms. diver safety and resource protection (no submit to the Office of Management and NMFS has received PRA clearances for anchoring/mooring buoy use Budget (OMB) for clearance the the second and fourth types of requirement and a more stringent following proposal for collection of collections for some observer programs pollution discharge regulation). information under the provisions of the (OMB Control Numbers 0648–0423 and To address each of these issues, a Paperwork Reduction Act (44 U.S.C. 0648–0202 for deployment questions, socioeconomic panel composed of Chapter 35). and 0648–0550 and 0648–0536 for NOAA staff and social scientists from Agency: National Oceanic and observer evaluations); those burden other agencies, or from universities, will Atmospheric Administration (NOAA). hours are now included in this national, develop information and tools to assess Title: National Marine Fisheries comprehensive PRA submission. the socioeconomic impacts of Service (NMFS) Observer Programs’ The information collected will be management strategies and regulatory Information That Can Be Gathered Only used to: (1) Monitor catch and bycatch; alternatives. The information and tools Through Questions. (2) understand the population status developed in this process will also OMB Control Number: None. and trends of fish stocks and protected

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species, as well as the interactions Final Decision and Order (the ‘‘Order’’) of Micei’s petition for review. In between them; (3) determine the in this administrative enforcement addition, Micei has recently hired new quantity and distribution of net benefits proceeding against Respondent Micei U.S-based counsel and there are some derived from living marine resources; International (‘‘Micei’’) on May 14, indications that Micei may be prepared (4) predict the biological, ecological, 2009, which was effective upon to more meaningfully engage on the and economic impacts of existing publication in the Federal Register on issues. management action and proposed May 26, 2009. 74 FR 24788 (May 26, Based on the circumstances here, I management options; and (5) ensure 2009). The Order affirmed the have decided, in performing duties that the observer programs can safely Administrative Law Judge’s delegated to me by the Acting Under and efficiently collect the information Recommended Decision and Order Secretary, to stay enforcement of the required for the previous four uses. finding, in accordance with Section Order pending resolution of the DC In particular, these biological and 766.7 (Default Order) of the Export Circuit appeal.4 economic data collection programs Administration Regulations (the Accordingly, it is hereby ordered that contribute to analyses required under ‘‘Regulations’’),1 that Micei had waived enforcement of the Final Decision and the MSA, the Endangered Species Act its right to contest the allegations Order against Micei International, dated (ESA), the MMPA, the National contained in the (amended) charging May 14, 2009, and effective on May 26, Environmental Policy Act (NEPA), the letter issued by the Bureau of Industry 2009, is henceforth stayed pending Regulatory Flexibility Act (RFA), and Security (‘‘BIS’’), and that Micei resolution of the petition for review Executive Order 12866 (EO 12866), as had, as alleged, committed 14 violations currently before the United States Court well as a variety of state statutes. The of the Regulations. The allegations of Appeals for the District of Columbia confidentiality of the data will be involved Micei’s knowing participation Circuit. protected as required by law. in seven export transactions using an This Order is effective immediately Affected Public: Business or other for- individual subject to a Denial Order as and shall be published in the Federal profit organizations. an employee or agent to negotiate for Register. Frequency: On occasion. and purchase items in the United States Dated: July 24, 2009. for export from the United States to Respondent’s Obligation: Some Gay Shrum, mandatory (e.g., vessel safety checks), Micei in Macedonia. The Order also affirmed the recommended sanctions of Acting Deputy Under Secretary of Commerce most voluntary. for Industry and Security. a civil penalty of $126,000, and a denial OMB Desk Officer: David Rostker, [FR Doc. E9–18428 Filed 7–31–09; 8:45 am] (202) 395–3897. of Micei’s export privileges for a period BILLING CODE 3510–DT–P Copies of the above information of five years. collection proposal can be obtained by On May 19, 2009, Micei filed a Petition for Immediate Stay of calling or writing Diana Hynek, DEPARTMENT OF COMMERCE Departmental Paperwork Clearance Publication and Enforcement of Final Officer, (202) 482–0266, Department of Decision and Order Pending Outcome of Patent and Trademark Office Commerce, Room 7845, 14th and Respondent’s Petition To Set Aside Constitution Avenue, NW., Washington, Default and Vacate Final Decision and Submission for OMB Review; Order or Alternatively Pending Appeal Comment Request DC 20230 (or via the Internet at 2 [email protected]). (‘‘Stay Petition’’). On June 30, 2009, Micei filed a Motion for Stay Pending The United States Patent and Written comments and Appeal (‘‘Stay Motion’’) with the United Trademark Office (USPTO) will submit recommendations for the proposed States Court of Appeals for the District to the Office of Management and Budget information collection should be sent of Columbia Circuit (‘‘D.C. Circuit’’), (OMB) for clearance the following within 30 days of publication of this seeking a stay of the Order pending proposal for collection of information notice to David Rostker, OMB Desk appeal.3 under the provisions of the Paperwork Officer, FAX number (202) 395–7285, or _ In its June 30 filing with the DC Reduction Act (44 U.S.C. Chapter 35). David [email protected]. Circuit, Micei made a number of Agency: United States Patent and Dated: July 28, 2009. assertions and presented documentary Trademark Office (USPTO). Gwellnar Banks, materials that were not part of the Stay Title: Trademark Petitions. Management Analyst, Office of the Chief Petition it had filed with BIS. BIS is Form Number(s): None. Information Officer. continuing to evaluate and investigate Agency Approval Number: 0651– [FR Doc. E9–18376 Filed 7–31–09; 8:45 am] questions surrounding the accuracy and 00xx. Type of Request: New collection. BILLING CODE 3510–22–P foundation of those assertions, but nonetheless does not wish further delay Burden: 862 hours. in addressing and resolving the merits Number of Respondents: 953 DEPARTMENT OF COMMERCE responses. 1 The Regulations are currently codified in the Avg. Hours per Response: 30 minutes Bureau of Industry and Security Code of Federal Regulations at 15 CFR parts 730– (0.50 hours) to one hour. This includes 774 (2009). The violations at issue, which occurred time to gather the necessary [08–BIS–0005] in 2003, are governed by the 2003 version of the information, create the documents, and Code of Federal Regulations. 15 CFR parts 730–774 (2003). The 2009 Regulations govern the procedural submit the completed request to the Action Affecting Export Privileges; aspects of this case. USPTO. Micei International; In the Matter of: 2 On May 19, 2009, Micei also filed with BIS a Needs and Uses: The information Micei International, Respondent; Order Petition To Set Aside Default and Vacate Final described in this collection is used by Staying Enforcement of Final Decision Decision and Order. On June 26, 2009, Micei filed a notice with BIS to withdraw that petition, but did the public for a variety of private and Order Pending Appeal not address the Stay Petition it had filed with BIS. 3 4 The Acting Under Secretary of Micei had previously filed a Notice of Appeal This determination does not constitute a finding to the DC Circuit on May 29, 2009. Micei or conclusion that BIS agrees with the assertions or Commerce for Industry and Security subsequently filed a second Notice of Appeal on evidentiary materials included in Micei’s Stay (‘‘Acting Under Secretary’’) issued a June 29, 2009, petitioning for review of the Order. Motion (or Stay Petition).

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business purposes related to behind lawn groomers and certain parts groomer, are also included in the scope establishing and enforcing trademark thereof (lawn groomers) from the of the order. rights. Information relating to the People’s Republic of China (‘‘PRC’’). Lawn sweepers consist of a frame, as registration of a trademark is made EFFECTIVE DATE: August 3, 2009 well as a series of brushes attached to an axle or shaft which allows the publicly available by the USPTO. The FOR FURTHER INFORMATION CONTACT: brushing component to rotate. Lawn release of information in a letter of Karine Gziryan, Thomas Martin or sweepers also include a container protest is controlled and may be Zhulieta Willbrand, AD/CVD (which is a receptacle into which debris available upon request only. Operations, Office 4, Import swept from the lawn or turf is Affected Public: Business or other for- Administration, International Trade deposited) supported by the frame. profit; not-for-profit institutions. Administration, U.S. Department of Aerators consist of a frame, as well as Frequency: On occasion. Commerce, 14th Street and Constitution an aerating component that is attached Respondent’s Obligation: Voluntary. Avenue, NW, Washington, DC 20230; to an axle or shaft which allows the OMB Desk Officer: Nicholas A. Fraser, telephone: (202) 482–4081, (202) 482– aerating component to rotate. The e-mail: 3936, and (202) 482–3147 respectively. [email protected]. aerating component is made up of a set SUPPLEMENTARY INFORMATION: Once submitted, the request will be of knives fixed to a plate (known as a publically available in electronic format Background ‘‘plug aerator’’), a series of discs with protruding spikes (a ‘‘spike aerator’’), or through the Information Collection In accordance with sections 735(d) Review page at http://www.reginfo.gov. any other configuration, that are and 777(i)(1) of the Tariff Act of 1930, designed to create holes or cavities in a Paper copies can be obtained by: as amended (‘‘the Act’’), on March 31, • E-mail: [email protected]. lawn or turf surface. Dethatchers consist 2009, the Department published in the Include ‘‘0651–0060 National Medal of of a frame, as well as a series of tines Federal Register its final determination Technology and Innovation Nomination designed to remove material (e.g., dead in the instant investigation. See Certain Application copy request’’ in the subject grass or leaves) or other debris from the Tow Behind Lawn Groomers and line of the message. lawn or turf. The dethatcher tines are Certain Parts Thereof from the People’s • Fax: 571–273–0112, marked to the attached to and suspended from the Republic of China: Final Determination attention of Susan K. Fawcett. frame. Lawn spreaders consist of a of Sales at Less Than Fair Value, 74 FR • Mail: Susan K. Fawcett, Records frame, as well as a hopper (i.e., a 29167 (June 19, 2009). container of any size, shape, or material) Officer, Office of the Chief Information On July 27, 2009, the ITC notified the Officer, Administrative Management that holds a media to be spread on the Department of its final determination, lawn or turf. The media can be Group, U.S. Patent and Trademark pursuant to section 705(b)(1)(A)(i) of the Office, P.O. Box 1450, Alexandria, VA distributed by means of a rotating Act, that an industry in the United spreader plate that broadcasts the media 22313–1450. States is materially injured by reason of Written comments and (‘‘broadcast spreader’’), a rotating subsidized imports of subject agitator that allows the media to be recommendations for the proposed merchandise from the PRC. See Tow– information collection should be sent on released at a consistent rate (‘‘drop Behind Lawn Groomers From China, spreader’’), or any other configuration. or before September 2, 2009 to Nicholas Investigation Nos. 701–TA–457 and A. Fraser, OMB Desk Officer, via e-mail Lawn dethatchers with a net fully– 731–TA–1153 (Final), USITC assembled weight (i.e., without packing, at [email protected] or Publication 4090 (July 2009). additional weights, or accessories) of by fax to 202–395–5167, marked to the 100 pounds or less are covered by the attention of Nicholas A. Fraser. Scope of the Order scope of the order. Other lawn groomers Susan K. Fawcett, The scope of this order covers certain sweepers, aerators, and spreaders with a Records Officer, USPTO, Office of the Chief non–motorized tow behind lawn net fully–assembled weight (i.e., Information Officer, Administrative groomers, manufactured from any without packing, additional weights, or Management Group. material, and certain parts thereof. Lawn accessories) of 200 pounds or less are [FR Doc. E9–18357 Filed 7–31–09; 8:45 am] groomers are defined as lawn sweepers, covered by the scope of the order. BILLING CODE 3510–16–P aerators, dethatchers, and spreaders. Also included in the scope of the Unless specifically excluded, lawn order are modular units, consisting of a groomers that are designed to perform at chassis that is designed to incorporate a DEPARTMENT OF COMMERCE least one of the functions listed above hitch, where the hitch may or may not are included in the scope of this order, be included, which allows modules that International Trade Administration even if the lawn groomer is designed to perform sweeping, aerating, [A–570–939] perform additional non–subject dethatching, or spreading operations to functions (e.g., mowing). be interchanged. Modular units when Certain Tow Behind Lawn Groomers All lawn groomers are designed to imported with one or more lawn and Certain Parts Thereof from the incorporate a hitch, of any grooming modules with a fully People’s Republic of China: configuration, which allows the product assembled net weight (i.e., without Antidumping Duty Order to be towed behind a vehicle. Lawn packing, additional weights, or groomers that are designed to accessories) of 200 pounds or less when AGENCY: Import Administration, incorporate both a hitch and a push including a single module, are included International Trade Administration, handle, of any type, are also covered by in the scope of the order. Modular unit Department of Commerce. the scope of this order. The hitch and chasses, imported without a lawn SUMMARY: Based on affirmative final handle may be permanently attached or grooming module and with a fully determinations by the Department of removable, and they may be attached on assembled net weight (i.e., without Commerce (the Department) and the opposite sides or on the same side of the packing, additional weights, or International Trade Commission lawn groomer. Lawn groomers designed accessories) of 125 pounds or less, are (‘‘ITC’’), the Department is issuing an to incorporate a hitch, but where the also covered by the scope of the order. antidumping duty order on certain tow hitch is not attached to the lawn When imported separately, modules

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that are designed to perform subject propelling the lawn groomer; 4) lawn instructed U.S. Customs and Border lawn grooming functions (i.e., sweeping, groomers that are designed to be hand Protection (‘‘CBP’’) to terminate aerating, dethatching, or spreading), held or are designed to be attached suspension of liquidation and to with a fully assembled net weight (i.e., directly to the frame of a vehicle, rather liquidate without regard to antidumping without packing, additional weights, or than towed; 5) ‘‘push’’ lawn grooming duties (i.e., release all bonds and refund accessories) of 75 pounds or less, and products that incorporate a push handle all cash deposits), unliquidated entries that are imported with or without a rather than a hitch, and which are of lawn groomers from the PRC entered, hitch, are also covered by the scope. designed solely to be manually or withdrawn from warehouse, for Lawn groomers, assembled or operated; 6) dethatchers with a net consumption after July 27, 2009, and unassembled, are covered by this order. assembled weight (i.e., without packing, before the date of publication of the For purposes of this order, additional weights, or accessories) of ITC’s final injury determination in the ‘‘unassembled lawn groomers’’ consist more than 100 pounds, or lawn Federal Register. Suspension of of either 1) all parts necessary to make groomers sweepers, aerators, and liquidation will resume on the date of a fully assembled lawn groomer, or 2) spreaders with a net fully–assembled publication of the ITC’s final injury any combination of parts, constituting a weight (I.E., without packing, additional determination in the Federal Register. less than complete, unassembled lawn weights, or accessories) of more than groomer, with a minimum of two of the 200 pounds; and 7) lawn rollers Antidumping Duty Order following ‘‘major components’’: designed to flatten grass and turf, 1) an assembled or unassembled including lawn rollers which On July 27, 2009, in accordance with brush housing designed to be used incorporate an aerator component (e.g., section 735(d) of the Act, the ITC in a lawn sweeper, where a brush ‘‘drum–style’’ spike aerators). notified the Department of its final housing is defined as a component The lawn groomers that are the determination, pursuant to section housing the brush assembly, and subject of this order are currently 735(b)(1)(A)(i) of the Act, that an consisting of a wrapper which classifiable in the Harmonized Tariff industry in the United States is covers the brush assembly and two Schedule of the United States materially injured by reason of less– end plates attached to the wrapper; (‘‘HTSUS’’) statistical reporting numbers than-fair–value imports of subject 2) a sweeper brush; 8432.40.0000, 8432.80.0000, merchandise from the PRC. Therefore, 3) an aerator or dethatcher weight 8432.80.0010, 8432.90.0030, in accordance with section 736(a)(1) of tray, or similar component designed 8432.90.0080, 8479.89.9896, the Act, the Department will direct CBP to allow weights of any sort to be 8479.89.9897, 8479.90.9496, and to assess, upon further instruction by added to the unit; 9603.50.0000. These HTSUS provisions the Department, antidumping duties 4) a spreader hopper; are given for reference and customs equal to the amount by which the 5) a rotating spreader plate or agitator, purposes only, and the description of normal value of the merchandise or other component designed for merchandise is dispositive for exceeds the export price of the distributing media in a lawn determining the scope of the product merchandise for all relevant entries of spreader; included in this order. lawn groomers from the PRC. Except for 6) dethatcher tines; the entries noted above,1 these Provisional Measures 7) aerator spikes, plugs, or other antidumping duties will be assessed on aerating component; or Section 733(d) of the Act states that all unliquidated entries of lawn 8) a hitch, defined as a complete hitch suspension of liquidation ordered groomers from the PRC entered, or assembly comprising of at least the pursuant to an affirmative preliminary withdrawn from the warehouse, for following two major hitch determination may not remain in effect consumption on or after January 28, components, tubing and a hitch for more than four months except where 2009, the date on which the Department plate regardless of the absence of exporters representing a significant published its Preliminary minor components such as pin or proportion of exports of the subject Determination. See Preliminary fasteners. Individual hitch merchandise request the Department to Determination. component parts, such as tubing, extend that four-month period to no hitch plates, pins or fasteners are more than six months. At the request of Effective on the date of publication of not covered by the scope. two exporters that accounted for a the ITC’s final affirmative injury The major components or parts of significant proportion of exports of lawn determination, CBP will require, at the lawn groomers that are individually groomers, we extended the four-month same time as importers would normally covered by this order under the term period to no more than six months. See deposit estimated duties on this ‘‘certain parts thereof’’ are: (1) brush Certain Tow Behind Lawn Groomers merchandise, a cash deposit based on housings, where the wrapper and end and Certain Parts Thereof from the the estimated weighted–average plates incorporating the brush assembly People’s Republic of China: Preliminary antidumping duty margins listed below. may be individual pieces or a single Determination of Sales at Less Than The cash deposit rate for all exporter– piece; and (2) weight trays, or similar Fair Value and Postponement of Final producer combinations not listed below components designed to allow weights Determination, 74 FR 4929, 4936 will be equal to the estimated weighted– of any sort to be added to a dethatcher (January 28, 2009) (‘‘Preliminary average antidumping duty margin or an aerator unit. Determination’’). In this investigation, applicable to the combination. The The scope of this order specifically the six-month period beginning on the ‘‘PRC–wide’’ rate applies to all exporters excludes the following: 1) agricultural date of the publication of the of subject merchandise not specifically implements designed to work (e.g., Preliminary Determination (i.e., January listed. The weighted–average dumping churn, burrow, till, etc.) soil, such as 28, 2009) ended on July 27, 2009. margins are as follows: cultivators, harrows, and plows; 2) lawn Section 737 of the Act states that or farm carts and wagons that do not definitive duties are to begin on the date 1 Namely, entries of lawn groomers from the PRC entered, or withdrawn from warehouse, for groom lawns; 3) grooming products of publication of the ITC’s final injury consumption after July 27, 2009, and before the date incorporating a motor or an engine for determination. Therefore, in accordance of publication of the ITC’s final injury the purpose of operating and/or with section 733(d) of the Act, we have determination in the Federal Register.

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LAWN GROOMERS FROM THE PRC suspended under section 704 or 734 of FOR FURTHER INFORMATION CONTACT: the Act would be likely to lead to Sheila E. Forbes, Office of AD/CVD Exporter and Producer Weighted–Average continuation or recurrence of dumping Operations, Customs Unit, Import Margin (Percent) or a countervailable subsidy (as the case Administration, International Trade may be) and of material injury. Administration, U.S. Department of Nantong D & B Machin- ery Co., Ltd...... 154.72 FOR FURTHER INFORMATION CONTACT: Commerce, 14th Street and Constitution Qingdao Huatian Truck Hallie Zink, AD/CVD Operations, Avenue, NW., Washington, DC 20230, Co., Ltd., a.k.a. Import Administration, International telephone: (202) 482–4697. Qingdao Huatian Trade Administration, U.S. Department Background Hand Truck Co., Ltd. 154.72 of Commerce, 14th Street & Constitution PRC–wide Entity (in- Ave., NW, Washington, DC 20230; Each year during the anniversary cluding Jiashan Su- telephone (202) 482–6907. month of the publication of an perpower Tools Co., antidumping or countervailing duty Ltd. and Princeway Upcoming Sunset Reviews for order, finding, or suspension of Furniture (Dong September 2009 Guan) Co., Ltd.) ...... 386.28 investigation, an interested party, as There are no Sunset Reviews defined in section 771(9) of the Tariff This notice constitutes the scheduled for initiation in September Act of 1930, as amended (‘‘the Act’’), antidumping duty order with respect to 2009. may request, in accordance with section lawn groomers from the PRC pursuant For information on the Department’s 351.213 (2008) of the Department of to section 736(a) of the Act. Interested procedures for the conduct of sunset Commerce (‘‘the Department’’) parties may contact the Department’s reviews, See 19 CFR 351.218. This regulations, that the Department Central Records Unit, Room 1117 of the notice is not required by statute but is conduct an administrative review of that main Commerce building, for copies of published as a service to the antidumping or countervailing duty an updated list of antidumping duty international trading community. order, finding, or suspended orders currently in effect. Guidance on methodological or investigation. This order is published in accordance analytical issues relevant to the Respondent Selection with section 736(a) of the Act and 19 Department’s conduct of Sunset CFR 351.211(b). Reviews is set forth in the Department’s In the event the Department limits the Policy Bulletin 98.3, Policies Regarding Dated: July 29, 2009. number of respondents for individual the Conduct of Five-year (‘‘Sunset’’) Ronald K. Lorentzen, examination for administrative reviews Reviews of Antidumping and initiated pursuant to requests made for Acting Assistant Secretary for Import Countervailing Duty Orders; Policy Administration. the orders identified below, the Bulletin, 63 FR 18871 (April 16, 1998). [FR Doc. E9–18599 Filed 7–31–09; 8:45 am] Department intends to select The Notice of Initiation of Five-year respondents based on U.S. Customs and BILLING CODE 3510–DS–S (‘‘Sunset’’) Reviews provides further Border Protection (‘‘CBP’’) data for U.S. information regarding what is required imports during the period of review of all parties to participate in Sunset DEPARTMENT OF COMMERCE (‘‘POR’’). We intend to release the CBP Reviews. data under Administrative Protective International Trade Administration Dated: July 23, 2009. Order (‘‘APO’’) to all parties having an John M. Andersen, APO within five days of publication of Antidumping or Countervailing Duty Acting Deputy Assistant Secretary for the initiation Federal Register notice. Order, Finding, or Suspended Antidumping and Countervailing Duty Therefore, we encourage all parties Investigation; Advance Notification of Operations. interested in commenting on respondent Sunset Reviews [FR Doc. E9–18476 Filed 7–31–09; 8:45 am] selection to submit their APO AGENCY: Import Administration, BILLING CODE 3510–DS–S applications on the date of publication International Trade Administration, of the initiation notice, or as soon Department of Commerce. thereafter as possible. The Department DEPARTMENT OF COMMERCE invites comments regarding the CBP Background data and respondent selection within 10 Every five years, pursuant to section International Trade Administration calendar days of publication of the 751(c) of the Tariff Act of 1930, as initiation Federal Register notice. Antidumping or Countervailing Duty amended (‘‘the Act’’), the Department of Order, Finding, or Suspended Opportunity to Request a Review: Not Commerce (‘‘the Department’’) and the 1 Investigation; Opportunity To Request later than the last day of August 2009, International Trade Commission Administrative Review interested parties may request automatically initiate and conduct a administrative review of the following review to determine whether revocation AGENCY: Import Administration, orders, findings, or suspended of a countervailing or antidumping duty International Trade Administration, investigations, with anniversary dates in order or termination of an investigation Department of Commerce. August for the following periods:

Period

Antidumping Duty Proceeding Germany: Corrosion-Resistant Carbon Steel Flat Products A–428–815 ...... 8/1/08—7/31/09

1 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed.

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Period

Seamless Line and Pressure Pipe A–428–820 ...... 8/1/08—7/31/09 Sodium Nitrite A–428–841 ...... 4/23/08—7/31/09 Italy: Granular Polytetrafluoroethylene Resin A–475–703 ...... 8/1/08—7/31/09 Japan: Brass Sheet & Strip A–588–704 ...... 8/1/08—7/31/09 Granular Polytetrafluoroethylene Resin A–588–707 ...... 8/1/08—7/31/09 Tin Mill Products A–588–854 ...... 8/1/08—7/31/09 Malaysia: Polyethylene Retail Carrier Bags A–557–813 ...... 8/1/08—7/31/09 Mexico: Gray Portland Cement and Cement Clinker A–201–802 8/1/08—3/31/09 Light-Walled Rectangular Pipe and Tube A–201–836 ...... 1/30/08—7/31/09 Republic of Korea: Corrosion-Resistant Carbon Steel Flat Products A–580–816 ...... 8/1/08—7/31/09 Light-Walled Rectangular Pipe and Tube A–580–859 ...... 1/30/08—7/31/09 Romania: Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Under 41⁄2 Inches) A–485–805 ...... 8/1/08—7/31/09 Thailand: Polyethylene Retail Carrier Bags A–549–821 ...... 8/1/08—7/31/09 The People’s Republic of China: Floor Standing Metal-Top Ironing Tables and Parts Thereof A–570–888 8/1/08—7/31/09 Laminated Woven Sacks A–570–916 ...... 1/31/08—7/31/09 Light-Walled Rectangular Pipe and Tube A–570–914 ...... 1/30/08—7/31/09 Petroleum Wax Candles A–570–504 ...... 8/1/08—7/31/09 Polyethylene Retail Carrier Bags A–570–886 ...... 8/1/08—7/31/09 Sodium Nitrite A–570–925 ...... 4/23/08—7/31/09 Steel Nails A–570–909 ...... 1/23/08—7/31/09 Sulfanilic Acid A–570–815 ...... 8/1/08—7/31/09 Tetrahydrofurfuryl Alcohol A–570–887 ...... 8/1/08—7/31/09 Vietnam: Frozen Fish Fillets A–552–801 ...... 8/1/08—7/31/09 Countervailing Duty Proceedings Republic of Korea: Corrosion-Resistant Carbon Steel Plate C–580–818 ...... 1/1/08—12/31/08 Dynamic Random Access Memory Semiconductors C–580–851 ...... 1/1/08—8/10/08 Stainless Steel Sheet and Strip in Coils C–580–835 ...... 1/1/08—12/31/08 Laminated Woven Sacks C–570–917 ...... 12/3/07—12/31/08 Sodium Nitrite C–570–926 ...... 4/11/08—12/31/08 Light-Walled Rectangular Pipe and Tube C–570–915 ...... 11/30/07—12/31/08

Suspension Agreements origin is subject to a separate order, then merchandise subject to antidumping None. the interested party must state findings and orders. See also the Import In accordance with section 351.213(b) specifically, on an order-by-order basis, Administration Web site at http:// of the regulations, an interested party as which exporter(s) the request is ia.ita.doc.gov. defined by section 771(9) of the Act may intended to cover. Six copies of the request should be request in writing that the Secretary Please note that, for any party the submitted to the Assistant Secretary for conduct an administrative review. For Department was unable to locate in Import Administration, International both antidumping and countervailing prior segments, the Department will not Trade Administration, Room 1870, U.S. duty reviews, the interested party must accept a request for an administrative Department of Commerce, 14th Street & specify the individual producers or review of that party absent new Constitution Avenue, NW., Washington, exporters covered by an antidumping information as to the party’s location. DC 20230. The Department also asks finding or an antidumping or Moreover, if the interested party who parties to serve a copy of their requests countervailing duty order or suspension files a request for review is unable to to the Office of Antidumping/ agreement for which it is requesting a locate the producer or exporter for Countervailing Operations, Attention: review. In addition, a domestic which it requested the review, the Sheila Forbes, in room 3065 of the main interested party or an interested party interested party must provide an Commerce Building. Further, in described in section 771(9)(B) of the Act explanation of the attempts it made to accordance with section 351.303(f)(l)(i) must state why it desires the Secretary locate the producer or exporter at the of the regulations, a copy of each to review those particular producers or same time it files its request for review, request must be served on every party exporters.2 If the interested party in order for the Secretary to determine on the Department’s service list. The Department will publish in the intends for the Secretary to review sales if the interested party’s attempts were Federal Register a notice of ‘‘Initiation of merchandise by an exporter (or a reasonable, pursuant to 19 CFR of Administrative Review of producer if that producer also exports 351.303(f)(3)(ii). As explained in Antidumping and Antidumping or Countervailing Duty merchandise from other suppliers) Countervailing Duty Proceedings: Order, Finding, or Suspended which were produced in more than one Assessment of Antidumping Duties, 68 Investigation’’ for requests received by country of origin and each country of FR 23954 (May 6, 2003), the Department the last day of August 2009. If the 2 If the review request involves a non-market has clarified its practice with respect to Department does not receive, by the last economy and the parties subject to the review the collection of final antidumping day of August 2009, a request for review request do not qualify for separate rates, all other duties on imports of merchandise where of entries covered by an order, finding, exporters of subject merchandise from the non- intermediate firms are involved. The or suspended investigation listed in this market economy country who do not have a separate rate will be covered by the review as part public should be aware of this notice and for the period identified of the single entity of which the named firms are clarification in determining whether to above, the Department will instruct CBP a part. request an administrative review of to assess antidumping or countervailing

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duties on those entries at a rate equal to regarding the protection and Avenue, NW., Washington, DC 20230; the cash deposit of (or bond for) management of marine resources; and telephone: (202) 482–3586 and (202) estimated antidumping or possibly the length of residence in the 482–1396, respectively. countervailing duties required on those area affected by the sanctuary. SUPPLEMENTARY INFORMATION: entries at the time of entry, or Applicants who are chosen as members withdrawal from warehouse, for should expect to serve 3-year terms, Background consumption and to continue to collect pursuant to the council’s Charter. In accordance with section 705(d) of the cash deposit previously ordered. DATES: Applications are due by August the Tariff Act of 1930, as amended (the This notice is not required by statute 21, 2009. Act), on June 19, 2009, the Department but is published as a service to the ADDRESSES: Application kits may be published its final determination in the international trading community. obtained from Lilli Ferguson, Florida countervailing duty investigation of Dated: July 29, 2009. Keys National Marine Sanctuary, 33 lawn groomers from the PRC. See Certain Tow-Behind Lawn Groomers John M. Andersen, East Quay Rd., Key West, FL 33040. Completed applications should be sent and Certain Parts Thereof From the Acting Deputy Assistant Secretary for People’s Republic of China: Final Antidumping and Countervailing Duty to the same address. Affirmative Countervailing Duty Operations. FOR FURTHER INFORMATION CONTACT: Lilli Determination, 74 FR 29180 (June 19, [FR Doc. E9–18474 Filed 7–31–09; 8:45 am] Ferguson, Florida Keys National Marine 2009). BILLING CODE 3510–DS–P Sanctuary, 33 East Quay Rd., Key West, On July 27, 2009, the ITC notified the FL 33040; (305) 292–0311 x245; Department of its final determination, [email protected]. pursuant to section 705(b)(1)(A)(i) of the DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: Per the Act, that an industry in the United National Oceanic and Atmospheric council’s Charter, if necessary, terms of States is materially injured by reason of Administration appointment may be changed to provide subsidized imports of subject for staggered expiration dates or merchandise from the PRC. See Certain Availability of Seats for the Florida member resignation mid term. Tow-Behind Lawn Groomers from Keys National Marine Sanctuary Authority: 16 U.S.C. 1431, et seq. China, USITC Pub. 4090, Investigation Nos. 701–TA–457 and 731–TA–1153 Advisory Council (Federal Domestic Assistance Catalog (Final) (July 2009). AGENCY: Office of National Marine Number 11.429 Marine Sanctuary Program) Sanctuaries (ONMS), National Ocean Dated: July 16, 2009. Scope of the Order Service (NOS), National Oceanic and Daniel J. Basta, The scope of this order covers certain Atmospheric Administration (NOAA), Director, Office of National Marine non-motorized tow behind lawn Department of Commerce (DOC). Sanctuaries, National Ocean Service, groomers, manufactured from any ACTION: Notice and request for National Oceanic and Atmospheric material, and certain parts thereof. Lawn applications. Administration. groomers are defined as lawn sweepers, [FR Doc. E9–17845 Filed 7–31–09; 8:45 am] aerators, dethatchers, and spreaders. SUMMARY: The ONMS is seeking BILLING CODE 3510–NK–M Unless specifically excluded, lawn applications for the following vacant groomers that are designed to perform at seats on the Florida Keys National least one of the functions listed above Marine Sanctuary Advisory Council: DEPARTMENT OF COMMERCE are included in the scope of this order, Citizen at Large—Lower Keys (member), even if the lawn groomer is designed to Citizen at Large—Lower Keys International Trade Administration perform additional non-subject (alternate), Citizen at Large—Middle [C–570–940] functions (e.g., mowing). Keys (member), Conservation and All lawn groomers are designed to Environment [1 of 2] (member), Certain Tow-Behind Lawn Groomers incorporate a hitch, of any Conservation and Environment [2 of 2] and Certain Parts Thereof From the configuration, which allows the product (member), Conservation and People’s Republic of China: to be towed behind a vehicle. Lawn Environment [2 of 2] (alternate), Countervailing Duty Order groomers that are designed to Diving—Lower Keys (member), incorporate both a hitch and a push AGENCY: Import Administration, Diving—Lower Keys (alternate), handle, of any type, are also covered by International Trade Administration, Education and Outreach (member), the scope of this order. The hitch and Department of Commerce. Education and Outreach (alternate), handle may be permanently attached or Fishing—Charter Fishing Flats Guide SUMMARY: Based on affirmative final removable, and they may be attached on (member), Fishing—Charter Fishing determinations by the Department of opposite sides or on the same side of the Flats Guide (alternate), Fishing— Commerce (the Department) and the lawn groomer. Lawn groomers designed Commercial—Shell/Scale (member), U.S. International Trade Commission to incorporate a hitch, but where the Fishing—Commercial—Shell/Scale (ITC), the Department is issuing a hitch is not attached to the lawn (alternate), South Florida Ecosystem countervailing duty order on certain groomer, are also included in the scope Restoration (alternate), Submerged tow-behind lawn groomers and certain of the order. Cultural Resources (member), parts thereof (lawn groomers) from the Lawn sweepers consist of a frame, as Submerged Cultural Resources People’s Republic of China (PRC). well as a series of brushes attached to (alternate), Tourism—Upper Keys DATES: Effective Date: August 3, 2009. an axle or shaft which allows the (member) and Tourism Upper Keys FOR FURTHER INFORMATION CONTACT: brushing component to rotate. Lawn (alternate). Applicants are chosen based Gene Calvert or Jun Jack Zhao, AD/CVD sweepers also include a container upon their particular expertise and Operations, Office 6, Import (which is a receptacle into which debris experience in relation to the seat for Administration, International Trade swept from the lawn or turf is which they are applying; community Administration, U.S. Department of deposited) supported by the frame. and professional affiliations; philosophy Commerce, 14th Street and Constitution Aerators consist of a frame, as well as

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an aerating component that is attached For purposes of this order, more than 100 pounds, or lawn to an axle or shaft which allows the ‘‘unassembled lawn groomers’’ consist groomers—sweepers, aerators, and aerating component to rotate. The of either (1) all parts necessary to make spreaders—with a net fully-assembled aerating component is made up of a set a fully assembled lawn groomer, or (2) weight (i.e., without packing, additional of knives fixed to a plate (known as a any combination of parts, constituting a weights, or accessories) of more than ‘‘plug aerator’’), a series of discs with less than complete, unassembled lawn 200 pounds; and (7) lawn rollers protruding spikes (a ‘‘spike aerator’’), or groomer, with a minimum of two of the designed to flatten grass and turf, any other configuration, that are following ‘‘major components’’: including lawn rollers which designed to create holes or cavities in a (1) An assembled or unassembled incorporate an aerator component (e.g., lawn or turf surface. Dethatchers consist brush housing designed to be used in a ‘‘drum-style’’ spike aerators). of a frame, as well as a series of tines lawn sweeper, where a brush housing is The lawn groomers that are the designed to remove material (e.g., dead defined as a component housing the subject of this order are currently grass or leaves) or other debris from the brush assembly, and consisting of a classifiable in the Harmonized Tariff lawn or turf. The dethatcher tines are wrapper which covers the brush Schedule of the United States (HTSUS) attached to and suspended from the assembly and two end plates attached to statistical reporting numbers frame. Lawn spreaders consist of a the wrapper; 8432.40.0000, 8432.80.0000, frame, as well as a hopper (i.e., a (2) A sweeper brush; 8432.80.0010, 8432.90.0030, container of any size, shape, or material) (3) An aerator or dethatcher weight 8432.90.0080, 8479.89.9896, that holds a media to be spread on the tray, or similar component designed to 8479.89.9897, 8479.90.9496, and lawn or turf. The media can be allow weights of any sort to be added to 9603.50.0000. These HTSUS provisions distributed by means of a rotating the unit; are given for reference and customs spreader plate that broadcasts the media (4) A spreader hopper; purposes only, and the description of (broadcast spreader), a rotating agitator (5) A rotating spreader plate or merchandise is dispositive for that allows the media to be released at agitator, or other component designed determining the scope of the product a consistent rate (drop spreader), or any for distributing media in a lawn included in this order. spreader; other configuration. Countervailing Duty Order Lawn dethatchers with a net fully- (6) Dethatcher tines; assembled weight (i.e., without packing, (7) Aerator spikes, plugs, or other On July 27, 2009, the ITC notified the additional weights, or accessories) of aerating component; or Department of its final determination, 100 pounds or less are covered by the (8) A hitch, defined as a complete pursuant to section 705(b)(1)(A)(i) of the scope of the order. Other lawn hitch assembly comprising of at least Act, that an industry in the United groomers—sweepers, aerators, and the following two major hitch States is materially injured as a result of spreaders—with a net fully-assembled components, tubing and a hitch plate subsidized imports of lawn groomers weight (i.e., without packing, additional regardless of the absence of minor from the PRC. As a result of the ITC’s weights, or accessories) of 200 pounds components such as pin or fasteners. final determination, in accordance with or less are covered by the scope of the Individual hitch component parts, such section 706(a) of the Act, the order. as tubing, hitch plates, pins or fasteners Department will direct U.S. Customs Also included in the scope of the are not covered by the scope. and Border Protection (CBP) to assess, order are modular units, consisting of a The major components or parts of upon further instruction by the chassis that is designed to incorporate a lawn groomers that are individually Department, countervailing duties on all hitch, where the hitch may or may not covered by this order under the term unliquidated entries of lawn groomers be included, which allows modules that ‘‘certain parts thereof’’ are: (1) Brush from the PRC entered, or withdrawn perform sweeping, aerating, housings, where the wrapper and end from warehouse, for consumption on or dethatching, or spreading operations to plates incorporating the brush assembly after November 24, 2008, the date on be interchanged. Modular units—when may be individual pieces or a single which the Department published its imported with one or more lawn piece; and (2) weight trays, or similar preliminary affirmative countervailing grooming modules—with a fully components designed to allow weights duty determination in the Federal assembled net weight (i.e., without of any sort to be added to a dethatcher Register, and before March 24, 2009, the packing, additional weights, or or an aerator unit. date on which the Department accessories) of 200 pounds or less when The scope of this order specifically instructed CBP to discontinue the including a single module, are included excludes the following: (1) Agricultural suspension of liquidation in accordance in the scope of the order. Modular unit implements designed to work (e.g., with section 703(d) of the Act. See chassis, imported without a lawn churn, burrow, till, etc.) soil, such as Certain Tow-Behind Lawn Groomers grooming module and with a fully cultivators, harrows, and plows; (2) and Certain Parts Thereof From the assembled net weight (i.e., without lawn or farm carts and wagons that do People’s Republic of China: Preliminary packing, additional weights, or not groom lawns; (3) grooming products Affirmative Countervailing Duty accessories) of 125 pounds or less, are incorporating a motor or an engine for Determination and Alignment of Final also covered by the scope of the order. the purpose of operating and/or Countervailing Duty Determination With When imported separately, modules propelling the lawn groomer; (4) lawn Final Antidumping Duty Determination, that are designed to perform subject groomers that are designed to be hand 73 FR 70971 (November 24, 2008). lawn grooming functions (i.e., sweeping, held or are designed to be attached Section 703(d) of the Act states that the aerating, dethatching, or spreading), directly to the frame of a vehicle, rather suspension of liquidation pursuant to a with a fully assembled net weight (i.e., than towed; (5) ‘‘push’’ lawn grooming preliminary determination may not without packing, additional weights, or products that incorporate a push handle remain in effect for more than four accessories) of 75 pounds or less, and rather than a hitch, and which are months. Entries of lawn groomers made that are imported with or without a designed solely to be manually on or after March 24, 2009, and prior to hitch, are also covered by the scope. operated; (6) dethatchers with a net the date of publication of the ITC’s final Lawn groomers, assembled or assembled weight (i.e., without packing, determination in the Federal Register, unassembled, are covered by this order. additional weights, or accessories) of are not liable for the assessment of

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countervailing duties, due to the This countervailing duty order is DEPARTMENT OF COMMERCE Department’s discontinuation, effective issued and published in accordance March 24, 2009, of the suspension of with sections 705(c)(2), 706(a) and International Trade Administration liquidation. 777(i)(1) of the Act, and 19 CFR Initiation of Five-year (‘‘Sunset’’) In accordance with section 706 of the 351.211. Act, the Department will direct CBP to Review reinstitute the suspension of liquidation Dated: July 29, 2009. for lawn groomers from the PRC, Ronald K. Lorentzen, AGENCY: Import Administration, effective the date of publication of the Acting Assistant Secretary for Import International Trade Administration, ITC’s notice of final determination in Administration. Department of Commerce. the Federal Register, and to assess, [FR Doc. E9–18595 Filed 7–31–09; 8:45 am] SUMMARY: In accordance with section upon further advice by the Department BILLING CODE 3510–DS–P 751(c) of the Tariff Act of 1930, as pursuant to section 706(a)(1) of the Act, amended (‘‘the Act’’), the Department of countervailing duties for each entry of Commerce (‘‘the Department’’) is the subject merchandise in an amount DEPARTMENT OF COMMERCE automatically initiating a five-year based on the net countervailable review (‘‘Sunset Review’’) of the subsidy rates for the subject Foreign–Trade Zones Board antidumping duty order listed below. merchandise, except for subject The International Trade Commission merchandise entered by Princeway [Docket 51–2008] (‘‘the Commission’’) is publishing Furniture (Dong Guan) Co., Ltd. and concurrently with this notice its notice Princeway Limited, whose net subsidy Foreign–Trade Zone 82, Application for of Institution of Five-year Review which rate is de minimis and, hence, is Subzone Authority, ThyssenKrupp covers the same order. excluded from this order. This Steel and Stainless USA, LLC, Notice EFFECTIVE DATE: August 3, 2009. exclusion will apply only to subject of Public Hearing and Reopening of FOR FURTHER INFORMATION CONTACT: The merchandise both produced and Comment Period exported by Princeway Furniture (Dong Department official identified in the Initiation of Review section below at Guan) Co., Ltd. and Princeway Limited. A public hearing will be held on the AD/CVD Operations, Import On or after the date of publication of the application for subzone authority at the Administration, International Trade ITC’s final injury determination in the ThyssenKrupp Steel and Stainless USA, 1 Administration, U.S. Department of Federal Register, CBP must require, at LLC (ThyssenKrupp) facility in Calvert, the same time as importers would Commerce, 14th Street & Constitution Alabama (73 FR 58535–58536, 10/7/08). normally deposit estimated duties on Ave., NW, Washington, DC 20230. For The Commerce examiner will hold the this merchandise, a cash deposit equal information from the Commission to the rates noted below: public hearing on September 10, 2009 at contact Mary Messer, Office of 1:00 p.m., at the Department of Investigations, U.S. International Trade Net subsidy Commerce, Room 4830, 1401 Commission at (202) 205–3193. Exporter/manufacturer rate Constitution Ave., NW, Washington, DC SUPPLEMENTARY INFORMATION: (percent) 20230. Interested parties should Princeway Furniture (Dong indicate their intent to participate in the Background hearing and provide a summary of their Guan) Co., Ltd. and The Department’s procedures for the a a remarks no later than September 4, Princeway Limited ...... 0.56 conduct of Sunset Reviews are set forth Jiashan Superpower Tools 2009. Co., Ltd...... 13.30 in its Procedures for Conducting Five- Maxchief Investments Ltd...... 264.98 The comment period for the case year (‘‘Sunset’’) Reviews of Qingdao EA Huabang Instru- referenced above is being reopened Antidumping and Countervailing Duty ment Co., Ltd...... 264.98 through September 25, 2009, to allow Orders, 63 FR 13516 (March 20, 1998) Qingdao Hundai Tools Co., interested parties additional time in and 70 FR 62061 (October 28, 2005). Ltd...... 264.98 which to comment. Rebuttal comments Guidance on methodological or Qingdao Taifa Group Co., Ltd. 264.98 may be submitted during the subsequent analytical issues relevant to the World Factory, Inc...... 264.98 All Others ...... 13.30 15-day period, until October 13, 2009. Department’s conduct of Sunset Submissions (original and one Reviews is set forth in the Department’s a De minimis. electronic copy) shall be addressed to Policy Bulletin 98.3 - Policies Regarding This notice constitutes the the Board’s Executive Secretary at: the Conduct of Five-year (‘‘Sunset’’) countervailing duty order with respect Foreign–Trade Zones Board, U.S. Reviews of Antidumping and to lawn groomers from the PRC Department of Commerce, Room 2111, Countervailing Duty Orders: Policy pursuant to section 706(a) of the Act. 1401 Constitution Ave. NW, Bulletin, 63 FR 18871 (April 16, 1998). Interested parties may contact the Washington, DC 20230. Please note that in the Initiation of Five- year (‘‘Sunset’’) Review notice that Department’s Central Records Unit, For further information, contact Room 1117 of the main Commerce published on July 1, 2009 (74 FR Elizabeth Whiteman at building, for copies of an updated list of 31412), the Department inadvertently [email protected] or countervailing duty orders currently in initiated a Sunset Review for the (202) 482–0473. effect. antidumping duty order on Stainless Dated: July 24, 2009. Steel Wire Rod from Sweden (A–401– 1 With the exception of Princeway Furniture Andrew McGilvray, 806). This order was revoked effective (Dong Guan) Co., and Princeway Limited whose net April 23, 2007. Accordingly, the Executive Secretary. subsidy was de minimis, and, hence, is excluded Department hereby retracts its initiation from this order. This exclusion will apply only to [FR Doc. E9–18475 Filed 7–31–09; 8:45 am] subject merchandise both produced and exported of a Sunset Review of the antidumping BILLING CODE 3510–DS–S by Princeway Furniture (Dong Guan) Co., Ltd. and duty order on Stainless Steel Wire Rod Princeway Limited. from Sweden.

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Initiation of Review Review of the following antidumping In accordance with 19 CFR duty order: 351.218(c), we are initiating the Sunset

DOC Case No. ITC Case No. Country Product Department Contact

A–357–405 ...... 731–TA–208 Argentina Barbed Wire & Barbless Wire Strand Dana Mermelstein (202) 482–1391 (3rd Review)

Filing Information do not receive a notice of intent to DEPARTMENT OF COMMERCE As a courtesy, we are making participate from at least one domestic National Oceanic and Atmospheric information related to Sunset interested party by the 15-day deadline, Administration proceedings, including copies of the the Department will automatically pertinent statute and Department’s revoke the order without further review. RIN: 0648–XQ69 regulations, the Department schedule See 19 CFR 351.218(d)(1)(iii). for Sunset Reviews, a listing of past If we receive an order–specific notice Pacific Fishery Management Council; revocations and continuations, and of intent to participate from a domestic Public Meetings current service lists, interested party, the Department’s AGENCY: National Marine Fisheries available to the public on the regulations provide that all parties Department’s Internet Web site at the Service (NMFS), National Oceanic and wishing to participate in the Sunset Atmospheric Administration (NOAA), following address: Review must file complete substantive ≥http://ia.ita.doc.gov/sunset/.’’ All Commerce. responses not later than 30 days after submissions in these Sunset Reviews ACTION: Notice of two public meetings. must be filed in accordance with the the date of publication in the Federal SUMMARY: Department’s regulations regarding Register of this notice of initiation. The Two meetings will be held to format, translation, service, and required contents of a substantive review a new assessment for petrale sole certification of documents. These rules response, on an order–specific basis, are and develop control rules for specifying can be found at 19 CFR 351.303. set forth at 19 CFR 351.218(d)(3). Note scientific uncertainty buffers in Pursuant to 19 CFR 351.103 (c), the that certain information requirements acceptable biological catch (ABC) Department will maintain and make differ for respondent and domestic specifications for groundfish and coastal available a service list for these parties. Also, note that the Department’s pelagic species (CPS). The first meeting proceedings. To facilitate the timely information requirements are distinct will be attended by the Groundfish preparation of the service list(s), it is from the Commission’s information Subcommittee of the Pacific Fishery requested that those seeking recognition requirements. Please consult the Management Council’s Scientific and Statistical Committee (SSC) to review a as interested parties to a proceeding Department’s regulations for new assessment for petrale sole. contact the Department in writing information regarding the Department’s Further, the SSC Groundfish within 10 days of the publication of the conduct of Sunset Reviews.1 Please Notice of Initiation. Subcommittee will consider the consult the Department’s regulations at scientific basis for considering Because deadlines in Sunset Reviews 19 CFR Part 351 for definitions of terms can be very short, we urge interested estimated or alternative proxy target and for other general information biomass levels or fishing mortality rates parties to apply for access to proprietary concerning antidumping and information under administrative for petrale sole and other west coast countervailing duty proceedings at the flatfish stocks. The second meeting will protective order (‘‘APO’’) immediately Department. following publication in the Federal be attended by the Groundfish and CPS Register of this notice of initiation by This notice of initiation is being Subcommittees of the SSC to develop filing a notice of intent to participate. published in accordance with section new control rules for deciding scientific The Department’s regulations on 751(c) of the Act and 19 CFR 351.218 uncertainty buffers for groundfish and submission of proprietary information (c). CPS species compliant with new National Standard 1 guidelines. Both and eligibility to receive access to Dated: July 23, 2009. business proprietary information under meetings are work sessions which are John M. Andersen, APO can be found at 19 CFR 351.304– open to the public. 306. Acting Deputy Assistant Secretary for DATES: The SSC Groundfish Antidumping and Countervailing Duty Subcommittee meeting to review the Information Required from Interested Operations. new petrale sole assessment will be held Parties [FR Doc. E9–18477 Filed 7–31–09; 8:45 am] beginning at 8:30 a.m., Monday, August Domestic interested parties defined in BILLING CODE 3510–DS–S 31, 2009 and will end at 5:30 p.m. or as section 771(9)(C), (D), (E), (F), and (G) of necessary to complete business.The SSC the Act and 19 CFR 351.102(b)) wishing Groundfish and CPS Subcommittees to participate in a Sunset Review must 1 In comments made on the interim final sunset meeting to develop control rules for respond not later than 15 days after the regulations, a number of parties stated that the scientific uncertainty buffers for date of publication in the Federal proposed five-day period for rebuttals to groundfish and CPS species will be held Register of this notice of initiation by substantive responses to a notice of initiation was beginning at 8:30 a.m., Tuesday, filing a notice of intent to participate. insufficient. This requirement was retained in the September 1, 2009. The meeting will final sunset regulations at 19 CFR 351.218(d)(4). As The required contents of the notice of provided in 19 CFR 351.302(b), however, the continue on Wednesday, September 2, intent to participate are set forth at 19 Department will consider individual requests to 2009 beginning at 8:30 a.m. The meeting CFR 351.218(d)(1)(ii). In accordance extend that five-day deadline based upon a showing will end at 5:30 p.m. each day, or as with the Department’s regulations, if we of good cause. necessary to complete business.

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ADDRESSES: Both SSC Subcommittee Section 305(c) of the Magnuson-Stevens the draft Comprehensive Annual Catch meetings will be held at the NOAA Fishery Conservation and Management Limit Amendment for the South Western Regional Center’s Sand Point Act, provided the public has been Atlantic Region. The amendment is Facility, Alaska Fisheries Science notified of the meeting participants’ being prepared in order to meet the Center, Building 4, Traynor Room, 7600 intent to take final action to address the requirements of the Reauthorized Sand Point Way N.E., Seattle, WA emergency. Magnuson-Stevens Act, including the 98115–6349; telephone: (206) 526–6548. Special Accommodations establishment of Maximum Sustainable Council address: Pacific Fishery Yield (MSY), Allowable Biological Management Council, 7700 NE These meetings are physically Catch (ABC) and Overfishing Levels accessible to people with disabilities. Ambassador Place, Suite 101, Portland, (OFLs) as recommended by South Requests for sign language OR 97220–1384. Atlantic Fishery Management Council’s interpretation or other auxiliary aids FOR FURTHER INFORMATION CONTACT: Mr. Scientific and Statistical Committee should be directed to Ms. Carolyn Porter John DeVore, Pacific Fishery (SSC), Annual Catch Limits (ACLs), Management Council; telephone: (503) at (503) 820–2280 at least 5 days prior to the meeting date. Annual Catch Targets (ACTs) and 820–2280. Accountability Measures (AMs) for SUPPLEMENTARY INFORMATION: The Dated: July 29, 2009. species currently not listed as purpose of the first SSC Groundfish Tracey L. Thompson, undergoing overfishing, including Subcommittee meeting is to review a Acting Director, Office of Sustainable dolphin and wahoo. The amendment new draft stock assessment for petrale Fisheries, National Marine Fisheries Service. will also include alternatives addressing sole and any other pertinent [FR Doc. E9–18433 Filed 7–31–09; 8:45 am] the sale of dolphin from for-hire vessels information, work with the Stock BILLING CODE 3510–22–S and minimum size limits for dolphin Assessment Team to make necessary caught in federal waters off the coasts of revisions, and ultimately produce an SSC report for use by the Council family DEPARTMENT OF COMMERCE North Carolina and South Carolina and and other interested persons. in the Mid-Atlantic and New England The purpose of the second SSC National Oceanic and Atmospheric areas. Groundfish and CPS Subcommittees Administration The AP will provide meeting is to review groundfish and RIN: 0648–XQ67 recommendations to the Council CPS assessments, requested analyses, regarding the alternatives in the draft and any other pertinent information to Fisheries of the South Atlantic; South amendment. The Amendment is being develop new control rules for deciding Atlantic Fishery Management Council; prepared by the South Atlantic Fishery scientific uncertainty buffers for ABC Public Meeting Management Council, with input from specifications for groundfish and CPS the Mid-Atlantic and New England AGENCY: National Marine Fisheries species. An SSC report will ultimately Councils for decisions relative to Service (NMFS), National Oceanic and be produced incorporating dolphin and wahoo. recommendations and considerations Atmospheric Administration (NOAA), developed by the two SSC Commerce. Although non-emergency issues not Subcommittees. ACTION: Notice of a public meeting. contained in this agenda may come No management actions will be before this group for discussion, those decided at these SSC Subcommittee SUMMARY: The South Atlantic Fishery issues may not be the subject of formal meetings. The SSC Subcommittees’ role Management Council will hold a action during this meeting. Action will will be development of meeting of its Dolphin Wahoo Advisory be restricted to those issues specifically recommendations and reports for Panel in North Charleston, SC. See listed in this notice and any issues consideration by the SSC and the SUPPLEMENTARY INFORMATION. arising after publication of this notice Council at its September meeting in DATES: The meeting will take place that require emergency action under Foster City, CA. August 19–20, 2009. See section 305(c) of the Magnuson-Stevens Entry to the NOAA Western Regional SUPPLEMENTARY INFORMATION. Fishery Conservation and Management Center’s Sand Point Facility requires ADDRESSES: The meeting will be held at Act, provided the public has been visitors to show a valid picture ID and the Hilton Garden Inn, 5265 notified of the Council’s intent to take register with security. A visitor’s badge, International Boulevard, North final action to address the emergency. which must be worn while at the NOAA Charleston, SC; telephone: (843) 308– Western Regional Center’s Facility, will 9330. Special Accommodations be issued to non-Federal employees FOR FURTHER INFORMATION CONTACT: This meeting is physically accessible participating in the meeting. Non-U.S. Kim citizens will require advance security Iverson, Public Information Officer, to people with disabilities. Requests for clearance and should call (206) 526– South Atlantic Fishery Management auxiliary aids should be directed to the 6548 at least 2 days prior to the meeting Council, 4055 Faber Place Drive, Suite council office (see ADDRESSES) 3 days date. 201, N. Charleston, SC, 29405; prior to the meeting. Although non-emergency issues not telephone: (843) 571–4366 or toll free Note: The times and sequence contained in the meeting agendas may (866) SAFMC–10; fax: (843) 769–4520; specified in this agenda are subject to come before the meeting participants for email: [email protected]. change. discussion, those issues may not be the SUPPLEMENTARY INFORMATION: Members Dated: July 29, 2009. subject of formal action during these of the Dolphin Wahoo Advisory Panel meetings. SSC Subcommittee action will will meet from 3:30 p.m. until 5 p.m. on Tracey L. Thompson, be restricted to those issues specifically August 19, 2009, and from 8:30 a.m. Acting Director, Office of Sustainable listed in this notice and any issues until 5 p.m. on August 20, 2009. Fisheries, National Marine Fisheries Service. arising after publication of this notice The Advisory Panel will review [FR Doc. E9–18412 Filed 7–31–09; 8:45 am] that require emergency action under actions and management alternatives in BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE Group Spanish Mackerel, and cobia in ACTION: Notice of a public meeting. both the Gulf of Mexico and South National Oceanic and Atmospheric Atlantic. The amendment also includes SUMMARY: The Gulf of Mexico Fishery Administration alternatives for establishing a Gulf Management Council will convene a meeting of the ABC Control Rule RIN: 0648–XQ66 Migratory Group and South Atlantic Migratory Group for cobia, additions to Workgroup. Fisheries of the South Atlantic; South Framework procedures that would DATES: The meeting will convene at 1 Atlantic Fishery Management Council; include stock assessments through the p.m. on Monday, August 17, 2009 and Public Meeting Southeast Data, Assessment, and conclude by 3 p.m. on Tuesday, August Review (SEDAR) stock assessment 18, 2009. AGENCY: National Marine Fisheries program, OFLs, ABCs, ACLs and ADDRESSES: The meeting will be held at Service (NMFS), National Oceanic and possibly Annual Catch Targets (ACTs) the Quorum, 700 N. Westshore Blvd, Atmospheric Administration (NOAA), to the list of items that can be modified Tampa, FL 33609, telephone: (813) 289– Commerce. through Framework actions, and an 8200. ACTION: Notice of a public meeting. alternative to prohibit the sale of Council address: Gulf of Mexico recreational bag limit Atlantic Migratory Fishery Management Council, 2203 N. SUMMARY: The South Atlantic Fishery Group king mackerel. Lois Avenue, Suite 1100, Tampa, FL Management Council will hold a The AP will provide 33607. meeting of its King and Spanish recommendations to the Council Mackerel (Mackerel) Advisory Panel in FOR FURTHER INFORMATION CONTACT: regarding the alternatives in the draft North Charleston, SC. See Steven Atran, Population Dynamics amendment. The Gulf of Mexico Fishery SUPPLEMENTARY INFORMATION. Statistician; Gulf of Mexico Fishery Management Council is taking the lead Management Council; telephone: (813) DATES: The meeting will take place in development of joint Amendment 18. August 18–19, 2009. See 348–1630. Although non-emergency issues not SUPPLEMENTARY INFORMATION: The ABC SUPPLEMENTARY INFORMATION for specific contained in this agenda may come dates and times. Control Rule Workgroup will meet to before this group for discussion, those begin the process of developing a ADDRESSES: The meeting will be held at issues may not be the subject of formal structured decision making framework the Hilton Garden Inn, 5265 action during this meeting. Action will International Boulevard, North to assist in assessing scientific be restricted to those issues specifically uncertainty, the probability of Charleston, SC; telephone: (843) 308– listed in this notice and any issues 9330. overfishing, and acceptable levels of risk arising after publication of this notice when setting acceptable biological catch FOR FURTHER INFORMATION CONTACT: Kim that require emergency action under (ABC). The working group includes Iverson, Public Information Officer, section 305(c) of the Magnuson-Stevens Council members, Council staff, NOAA South Atlantic Fishery Management Fishery Conservation and Management staff, and members of the Scientific and Council, 4055 Faber Place Drive, Suite Act, provided the public has been Statistical Committee (SSC). Under the 201, N. Charleston, SC 29405; notified of the Council’s intent to take Magnuson-Stevens Fishery telephone: (843) 571–4366 or toll free final action to address the emergency. Conservation and Management (866) SAFMC–10; fax: (843) 769–4520; Special Accommodations Reauthorization Act of 2006, the SSC is email: [email protected]. charged with setting ABC levels for This meeting is physically accessible SUPPLEMENTARY INFORMATION: Members managed stocks that account for to people with disabilities. Requests for of the Mackerel Advisory Panel will scientific uncertainty in the estimate of auxiliary aids should be directed to the meet from 1 p.m. until 5 p.m. on August the overfishing limit (OFL) and any council office (see ADDRESSES) 3 days 18, 2009, and from 8:30 a.m. until 3 other scientific uncertainty. prior to the meeting. p.m. on August 19, 2009. Determining an acceptable level of risk Note: The times and sequence The Advisory Panel will review of overfishing when setting ABC is a specified in this agenda are subject to actions and management alternatives in policy issue that requires input from change. draft Amendment 18 to the Fishery both scientists and managers. The Management Plan (FMP) for the Coastal Dated: July 29, 2009. meeting will include discussions on the Migratory Pelagic Resources (Mackerels) Tracey L. Thompson, Magnuson-Stevens Act National in the Gulf of Mexico and South Acting Director, Office of Sustainable Standard 1 guidelines, sources of Atlantic Region. The joint amendment is Fisheries, National Marine Fisheries Service. scientific uncertainty, approaches to being prepared in order to meet the [FR Doc. E9–18410 Filed 7–31–09; 8:45 am] developing control rules for setting ABC mandates of the Reauthorized BILLING CODE 3510–22–S including decision trees and analytical Magnuson-Stevens Act, including the methods, and scheduling of future establishment of Maximum Sustainable actions by the working group. Yield (MSY), Allowable Biological DEPARTMENT OF COMMERCE Copies of the agenda and other related Catch (ABC) and Overfishing Levels materials can be obtained by calling (OFLs) as recommended by both the National Oceanic and Atmospheric (813) 348–1630. Gulf of Mexico Fishery Management Administration Although other non-emergency issues Council’s Scientific and Statistical not on the agenda may come before the Committee (SSC) and the South Atlantic RIN: 0648–XQ68 ABC Control Rule Workgroup for Council’s SSC, Annual Catch Limits Gulf of Mexico Fishery Management discussion, in accordance with the (ACLs), Annual Catch Targets (ACTs) Council; Public Meeting Magnuson-Stevens Fishery and Accountability Measures (AMs) for Conservation and Management Act Gulf Migratory Group king mackerel, AGENCY: National Marine Fisheries (Magnuson-Stevens Act), those issues Gulf Migratory Group Spanish mackerel, Service (NMFS), National Oceanic and may not be the subject of formal action South Atlantic Migratory Group king Atmospheric Administration (NOAA), during this meeting. Actions of the ABC mackerel, South Atlantic Migratory Commerce. Control Rule Workgroup will be

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restricted to those issues specifically telephone (301) 504–7733 or Neal S. 7. Downeast reported to CPSC on January identified in the agenda and any issues Cohen, Trial Attorney, (same address); 25, 2008 that recent testing of samples of the arising after publication of this notice telephone (301) 504–7504. Bottles by an independent laboratory had demonstrated that various colors of paints that require emergency action under SUPPLEMENTARY INFORMATION: The text of used to create the designs on the outside Section 305(c) of the Magnuson-Stevens the Agreement and Order appears surface of the Bottles contained a total lead Act, provided the public has been below. content ranging from 0.07 percent to as high notified of the Council’s intent to take Dated: July 28, 2009. as 59.78 percent. These levels of lead are in action to address the emergency. Todd A. Stevenson, excess of the permissible 0.06 percent limit set forth in the Ban. Special Accommodations Secretary. 8. On March 25, 2008, the Commission and This meeting is physically accessible United States of America—Consumer Downeast announced a consumer-level recall to people with disabilities. Requests for Product Safety Commission of about 18,000 units of the Bottles because sign language interpretation or other In the Matter of Downeast Concepts, Inc., ‘‘Surface paint on the metal water bottles auxiliary aids should be directed to Tina CPSC Docket No. 09–C0022. contains excessive levels of lead, violating the Federal lead paint standard.’’ ADDRESSES O’Hern at the Council (see ) Settlement Agreement 9. Although Downeast reported no at least 5 working days prior to the 1. In accordance with 16 CFR 1118.20, incidents or injuries associated with the meeting. Downeast Concepts, Inc. (‘‘Downeast’’) and Bottles, it failed to take adequate action to Dated: July 29, 2009. the staff (‘‘Staff’’) of the United States ensure that none would bear or contain lead- Tracey L. Thompson, Consumer Product Safety Commission containing paint, thereby creating a risk of (‘‘CPSC’’ or the ‘‘Commission’’) enter into lead poisoning and adverse health effects to Acting Director, Office of Sustainable this Settlement Agreement (‘‘Agreement’’). children. Fisheries, National Marine Fisheries Service. The Agreement and the incorporated 10. The Bottles constitute ‘‘banned [FR Doc. E9–18403 Filed 7–31–09; 8:45 am] attached Order (‘‘Order’’) settle the Staff’s hazardous products’’ under CPSA section 8 BILLING CODE 3510–22–S allegations set forth below. and the Ban, 15 U.S.C. 2057 and 16 CFR 1303.1(a)(1), 1303.4(b), in that they bear or Parties contain paint or other surface coating 2. The Commission is an independent materials whose lead content exceeds the CONSUMER PRODUCT SAFETY Federal regulatory agency established permissible limit of 0.06 percent of the COMMISSION pursuant to, and responsible for the weight of the total nonvolatile content of the enforcement of, the Consumer Product Safety paint or the weight of the dried paint film. [CPSC Docket No. 09–C0022] Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). 11. Between February 2006 and January 3. Downeast is a corporation organized and Downeast Concepts, Inc., Provisional 2008, Downeast manufactured for sale, existing under the laws of Maine, with its distributed in commerce, or imported into Acceptance of a Settlement Agreement principal offices located in Yarmouth, Maine. the United States, or caused one or more of and Order At all times relevant hereto, Downeast such acts, with respect to the aforesaid imported and/or sold painted metal water banned hazardous Bottles, in violation of AGENCY: Consumer Product Safety bottles. section 19(a)(1) of the CPSA, 15 U.S.C. Commission. Staff Allegations 2068(a)(1). Downeast committed these ACTION: Notice. prohibited acts ‘‘knowingly,’’ as that term is 4. Between February 2006 and February defined in section 20(d) of the CPSA, 15 2007, Downeast imported into the United SUMMARY: It is the policy of the U.S.C. 2069(d). States about 18,000 units of metal water Commission to publish settlements 12. Pursuant to section 20 of the CPSA, 15 bottles, marketed under the ‘‘Backyard and U.S.C. 2069, Downeast is subject to civil which it provisionally accepts under the Beyond’’ brand and painted with assorted Consumer Product Safety Act in the animal and insect graphics on the exterior penalties for the aforementioned violations. Federal Register in accordance with the (Model Numbers: 60442, 60448, 67402, Downeast’s Responsive Allegations 67404, 67442, 67444, 67742, 67744, 67746 terms of 16 CFR 1118.20(e). Published 13. Downeast denies the Staff’s allegations and 67748 (‘‘Bottle(s)’’)). Downeast below is a provisionally-accepted set forth above that Downeast knowingly distributed most of the subject products to Settlement Agreement with Downeast violated the CPSA. Concepts, Inc., containing a civil major retailers, gift shops, convenience stores, mass merchandise and drug stores Agreement of the Parties penalty of $30,000.00. nationwide from February 2006 through 14. Under the CPSA, the Commission has DATES: Any interested person may ask January 2008 and said products were then jurisdiction over this matter and over sold for about $8.00 per unit. the Commission not to accept this Downeast. agreement or otherwise comment on its 5. The Bottles are ‘‘consumer product(s),’’ and, at all times relevant hereto, Downeast 15. The parties enter into the Agreement contents by filing a written request with for settlement purposes only. The Agreement the Office of the Secretary by August 18, was a ‘‘manufacturer’’ of those consumer product(s), which were ‘‘distributed in does not constitute an admission by 2009. commerce,’’ as those terms are defined in Downeast, or a determination by the ADDRESSES: Persons wishing to CPSA sections 3(a)(3), (5), (8), and (11), 15 Commission, that Downeast has knowingly comment on this Settlement Agreement U.S.C. §§ 2052(a)(3), (5), (8), and (11). violated the CPSA. 6. The Bottles are articles intended to be 16. In settlement of the Staff’s allegations, should send written comments to the Downeast shall pay a civil penalty in the Comment 09–C0022, Office of the entrusted to or for use by children, and, therefore, are subject to the requirements of amount of thirty thousand dollars Secretary, Consumer Product Safety the Commission’s Ban of Lead-Containing ($30,000.00). The civil penalty shall be paid Commission, 4330 East West Highway, Paint and Certain Consumer Products within twenty (20) calendar days of service Room 502, Bethesda, Maryland 20814– Bearing Lead-Containing Paint, 16 CFR part of the Commission’s final Order accepting 4408. 1303 (the ‘‘Ban’’). Under the Ban, toys and the Agreement. The payment shall be made by check payable to the order of the United FOR FURTHER INFORMATION CONTACT: M. other children’s articles must not bear ‘‘lead- States Treasury. Reza Malihi, Trial Attorney, Division of containing paint,’’ defined as paint or other surface coating materials whose lead content 17. Upon the Commission’s provisional Compliance, Office of the General is more than 0.06 percent of the weight of the acceptance of the Agreement, the Agreement Counsel, Consumer Product Safety total nonvolatile content of the paint or the shall be placed on the public record and Commission, 4330 East West Highway, weight of the dried paint film. 16 CFR published in the Federal Register in Bethesda, Maryland 20814–4408; 1303.2(b)(1). accordance with the procedures set forth in

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16 CFR 1118.20(e). In accordance with 16 M. Reza Malihi, the Office of the Secretary by August 18, CFR 1118.20(f), if the Commission does not Trial Attorney, Office of the General Counsel. 2009. receive any written request not to accept the By: lllllllllllllllllll ADDRESSES: Persons wishing to Agreement within fifteen (15) days, the Neal S. Cohen, comment on this Settlement Agreement Agreement shall be deemed finally accepted Trial Attorney, Office of the General Counsel. on the sixteenth (16th) day after the date it should send written comments to the is published in the Federal Register. United States of America—Consumer Comment 09–C0026, Office of the 18. Upon the Commission’s final Product Safety Commission Secretary, Consumer Product Safety acceptance of the Agreement and issuance of In the Matter of Downeast Concepts, Inc., Commission, 4330 East West Highway, the final Order, Downeast knowingly, CPSC Docket No. 09–C0022. Room 502, Bethesda, Maryland 20814– voluntarily, and completely waives any 4408. rights it may have in this matter to the Order FOR FURTHER INFORMATION CONTACT: M. following: (1) An administrative or judicial Upon consideration of the Settlement hearing; (2) judicial review or other challenge Agreement entered into between Downeast Reza Malihi, Trial Attorney, Division of or contest of the validity of the Commission’s Concepts, Inc. (‘‘Downeast’’) and the U.S. Compliance, Office of the General Order or actions; (3) a determination by the Consumer Product Safety Commission Counsel, Consumer Product Safety Commission of whether Downeast failed to (‘‘Commission’’) staff, and the Commission Commission, 4330 East West Highway, comply with the CPSA and its underlying having jurisdiction over the subject matter Bethesda, Maryland 20814–4408; regulations; (4) a statement of findings of fact and over Downeast, and it appearing that the telephone (301) 504–7733. and conclusions of law; and (5) any claims Settlement Agreement and Order are in the SUPPLEMENTARY INFORMATION: The text of under the Equal Access to Justice Act. public interest, it is the Agreement and Order appears 19. The Commission may publicize the Ordered, that the Settlement Agreement be, terms of the Agreement and Order. and hereby is, accepted; and it is below. 20. The Agreement and Order shall apply Further ordered, that Downeast shall pay a Dated: July 28, 2009. to, and be binding upon, Downeast and each civil penalty in the amount of thirty Todd A. Stevenson, of its successors and assigns. thousand dollars ($30,000.00). The civil Secretary. 21. The Commission issues the Order penalty shall be paid within twenty (20) under the provisions of the CPSA, and calendar days of service of the Commission’s United States of America—Consumer violation of the Order may subject Downeast final Order accepting the Agreement. The Product Safety Commission and each of its successors and assigns to payment shall be made by check payable to In the Matter of First Learning Company appropriate legal action. the order of the United States Treasury. Upon Limited CPSC Docket No. 09–C0026. 22. The Agreement may be used in the failure of Downeast to make the foregoing interpreting the Order. Understandings, payment when due, interest on the Settlement Agreement and Order agreements, representations, or outstanding balance shall accrue and be paid 1. In accordance with 16 CFR 1118.20, interpretations apart from those contained in by Downeast at the Federal legal rate of First Learning Company Limited (‘‘First the Agreement and Order may not be used to interest set forth at 28 U.S.C. 1961(a) and (b). Learning’’) and the staff (‘‘Staff’’) of the vary or contradict its terms. The Agreement Provisionally accepted and provisional United States Consumer Product Safety shall not be waived, amended, modified, or Order issued on the 8th day of July, 2009. Commission (‘‘CPSC’’ or the ‘‘Commission’’) otherwise altered, except in a writing that is By Order of the Commission. enter into this Settlement Agreement executed by the party against whom such (‘‘Agreement’’). The Agreement and the Todd A. Stevenson, waiver, amendment, modification, or incorporated attached Order (‘‘Order’’) settle alteration is sought to be enforced. Secretary, U.S. Consumer Product Safety the Staff’s allegations set forth below. 23. If any provision of the Agreement and Commission. Order is held to be illegal, invalid, or [FR Doc. E9–18520 Filed 7–31–09; 8:45 am] Parties unenforceable under present or future laws BILLING CODE 6355–01–P 2. The Commission is an independent effective during the terms of the Agreement Federal regulatory agency established and Order, such provision shall be fully pursuant to, and responsible for the severable. The balance of the Agreement and CONSUMER PRODUCT SAFETY enforcement of, the Consumer Product Safety Order shall remain in full force and effect, COMMISSION Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). unless the Commission and Downeast agree 3. First Learning is a corporation organized that severing the provision materially affects [CPSC Docket No. 09–C0026] and existing under the laws of Hong Kong, the purpose of the Agreement and Order. People’s Republic of China (PRC), with its Downeast Concepts, Inc. First Learning Company Limited, principal offices located in Kowloon, Hong Provisional Acceptance of a Kong, PRC. First Learning’s network of Dated: 3/18/09. manufacturer representatives conduct lllllllllllllllllll Settlement Agreement and Order By: business on its behalf through offices located Frederick H. Palmer, AGENCY: Consumer Product Safety in the United States. At all times relevant President, Downeast Concepts, Inc., 86 hereto, First Learning manufactured and/or Downeast Drive, Yarmouth, ME 04096. Commission. ACTION: Notice. sold toys and other children’s products, Dated: 3/20/09. among other merchandise. By: lllllllllllllllllll SUMMARY: It is the policy of the David W. Bertoni, Esq., Staff Allegations Commission to publish settlements Brann & Isaacson, 184 Main Street, P.O. Box 4. Between April 2006 and August 2006, 3070, Lewiston, ME 04243, Counsel for which it provisionally accepts under the First Learning manufactured in China for sale Downeast Concepts, Inc. Consumer Product Safety Act in the in the United States about 9,400 units of U.S. Consumer Product Safety Commission Federal Register in accordance with the certain ‘‘Soldier Bear’’ toys, including the Staff. terms of 16 CFR 1118.20(e). Published Soldier Bear Wooden Pull-Along Learning Cheryl A. Falvey, below is a provisionally-accepted Blocks Wagon, style number 6320, UPC code General Counsel, Office of the General Settlement Agreement with First number 834162002158; the Soldier Bear Counsel. Learning Company Limited, containing Time Teacher, style #6231, UPC a civil penalty of $50,000.00. #834162002646; and the Soldier Bear Ronald G. Yelenik, Wooden Riding Horse, style number 6349, Assistant General Counsel, Office of the DATES: Any interested person may ask and UPC code number 834162003698 General Counsel. the Commission not to accept this (collectively, ‘‘Soldier Bear Toy(s)’’). From Dated: 4/14/09. agreement or otherwise comment on its August 2006 through October 2007, First By: lllllllllllllllllll contents by filing a written request with Learning offered the Soldier Bear Toys for

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sale or sold them to a retailer, which, in turn, a component of the Big Wooden Learning amount of fifty thousand dollars offered for sale or sold these products to Blocks (60 pieces) contained a total lead ($50,000.00). The civil penalty shall be paid consumers. content of 0.07 percent; and that yellow paint in three (3) installments as follows: 5. Beginning in or before October 2006, on a component of the Train Set contained $10,000.00 shall be paid within thirty (30) First Learning manufactured in China for sale a total lead content of 0.065 percent. These calendar days of service of the Commission’s in the United States about 15,000 units of levels of lead are in excess of the permissible final Order accepting the Agreement; certain Big Wooden Learning Blocks and 0.06 percent limit set forth in the Ban. $15,000.00 shall be paid within one hundred Jumbo Wooden Train Sets. The Big Wooden Through contacts with the retailer and/or the and twenty (120) calendar days of service of Learning Blocks consisted of 30 or 60 block staff, First Learning learned of these failing the Commission’s final Order accepting the pieces, sold as either the Big Wooden test results shortly after completion of this Agreement; and $25,000.00 shall be paid Learning Blocks (30 pieces), style number testing. within one hundred and eighty (180) 7210, UPC code number 14559211, or the Big 10. On December 19, 2007, the calendar days of service of the Commission’s Wooden Learning Blocks (60 pieces), style Commission and the retailer announced a final Order accepting the Agreement. Each number 7211, UPC code number 14559235 consumer-level recall of products, including, payment shall be made by check payable to (collectively, the ‘‘Learning Block(s)’’). The but not limited to, about 9,400 Soldier Bear the order of the United States Treasury. Jumbo Wooden Train Sets consisted of 70 Toys, because ‘‘[t]he surface paint on the toys 20. Upon the Commission’s provisional wooden pieces, sold as style number 13275A, contains excessive levels of lead, violating acceptance of the Agreement, the Agreement and UPC code number 14217340 (‘‘Train the Federal lead paint standard.’’ shall be placed on the public record and Set(s)’’). From October 2006 through 11. On January 24, 2008, the Commission published in the Federal Register in November 2007, First Learning offered the and the retailer announced a consumer-level accordance with the procedures set forth in Learning Blocks and Train Sets for sale or recall of about 15,000 units of the Learning 16 CFR 1118.20(e). In accordance with 16 sold them to a retailer, which, in turn, offered Blocks and Train Sets because ‘‘[s]urface CFR 1118.20(f), if the Commission does not for sale or sold these products to consumers. paint on some pieces of the toys contains receive any written request not to accept the 6. The Soldier Bear Toys, Learning Blocks, excessive levels of lead, violating the Federal Agreement within fifteen (15) days, the and Train Sets are ‘‘consumer product(s),’’ lead paint standard.’’ Agreement shall be deemed finally accepted and, at all times relevant hereto, First 12. Although no incidents or injuries were on the sixteenth (16th) day after the date it Learning was a ‘‘manufacturer’’ of those reported by First Learning or the retailers in is published in the Federal Register. consumer product(s), which were connection with the Soldier Bear Toys, 21. Upon the Commission’s final ‘‘distributed in commerce,’’ as those terms Learning Blocks and Train Sets, First acceptance of the Agreement and issuance of are defined in CPSA sections 3(a)(3), (5), (8), Learning failed to take adequate action to the final Order, First Learning knowingly, and (11), 15 U.S.C. §§ 2052(a)(3), (5), (8), and ensure that none would bear or contain lead- voluntarily, and completely waives any (11). containing paint, thereby creating a risk of rights it may have in this matter to the 7. The Soldier Bear Toys, Learning Blocks, lead poisoning and adverse health effects to following: (1) An administrative or judicial and Train Sets are articles intended to be children. hearing; (2) judicial review or other challenge entrusted to or for use by children, and, 13. The Soldier Bear Toys, Learning Blocks or contest of the validity of the Commission’s Order or actions; (3) a determination by the therefore, are subject to the requirements of and Train Sets constitute ‘‘banned hazardous Commission of whether First Learning failed the Commission’s Ban of Lead-Containing products’’ under CPSA section 8 and the Ban, to comply with the CPSA and its underlying Paint and Certain Consumer Products 15 U.S.C. 2057 and 16 CFR 1303.1(a)(1), regulations; (4) a statement of findings of fact Bearing Lead-Containing Paint, 16 CFR part 1303.4(b), in that they bear or contain paint and conclusions of law; and (5) any claims 1303 (the ‘‘Ban’’). Under the Ban, toys and or other surface coating materials whose lead under the Equal Access to Justice Act. other children’s articles must not bear ‘‘lead- content exceeds the permissible limit of 0.06 22. The Commission may publicize the containing paint,’’ defined as paint or other percent of the weight of the total nonvolatile terms of the Agreement and Order. surface coating materials whose lead content content of the paint or the weight of the dried 23. The Agreement and Order shall apply is more than 0.06 percent of the weight of the paint film. total nonvolatile content of the paint or the to, and be binding upon, First Learning and 14. Between April 2006 and November each of its successors and assigns. weight of the dried paint film. 16 CFR 2007, First Learning sold, manufactured for 1303.2(b)(1). 24. The Commission issues the Order sale, offered for sale, or distributed in under the provisions of the CPSA, and 8. In October and November 2007, the Staff commerce in the United States, or caused one obtained the results of testing conducted by violation of the Order may subject First or more of such acts, with respect to the Learning to appropriate legal action. an independent testing laboratory, showing Soldier Bear Toys, Learning Blocks and Train that multiple samples of the Soldier Bear 25. The Agreement may be used in Sets, in violation of section 19(a)(1) of the interpreting the Order. Understandings, Toys failed to comply with the Ban. The CPSA, 15 U.S.C. 2068(a)(1). First Learning testing demonstrated that the red surface agreements, representations, or committed these prohibited acts interpretations apart from those contained in coating on certain components of the Soldier ‘‘knowingly,’’ as that term is defined in Bear Wooden Pull-Along Learning Blocks the Agreement and Order may not be used to section 20(d) of the CPSA, 15 U.S.C. 2069(d). vary or contradict its terms. The Agreement Wagon contained a total lead content of 1,400 15. Pursuant to section 20 of the CPSA, 15 shall not be waived, amended, modified, or mg/kg; that the black, green, orange, and red U.S.C. 2069, First Learning is subject to civil otherwise altered, except in a writing that is surface coatings on certain components of the penalties for the aforementioned violations. executed by the party against whom such Soldier Bear Time Teacher contained a total waiver, amendment, modification, or lead content from 820 mg/kg to 13,000 mg/ First Learning Response alteration is sought to be enforced. kg; and that the orange/yellow surface 16. First Learning denies the Staff’s 26. If any provision of the Agreement and coating on the Soldier Bear Wooden Riding allegations set forth above that First Learning Order is held to be illegal, invalid, or Horse contained a total lead content of knowingly violated the CPSA. unenforceable under present or future laws 18,000 mg/kg. These levels of lead are in Agreement of the Parties effective during the terms of the Agreement excess of the permissible 0.06 percent limit and Order, such provision shall be fully set forth in the Ban. First Learning learned 17. Under the CPSA, the Commission has severable. The balance of the Agreement and of these failing test results shortly after jurisdiction over this matter and over First Order shall remain in full force and effect, completion of this testing. Learning. unless the Commission and First Learning 9. On October 15, 2007, the Staff obtained 18. The parties enter into the Agreement agree that severing the provision materially samples of the Learning Blocks and Train for settlement purposes only. The Agreement affects the purpose of the Agreement and Sets from a retail store. In November 2007, does not constitute an admission by First Order. the staff tested these samples. The testing Learning, or a determination by the demonstrated that the orange paint on a Commission, that First Learning has First Learning Company Limited. component of the Big Wooden Learning knowingly violated the CPSA. Dated: 12/10/2008. Blocks (30 pieces) contained a total lead 19. In settlement of the Staff’s allegations, By: lllllllllllllllllll content of 2.633 percent; that orange paint on First Learning shall pay a civil penalty in the Leung Suk Yue,

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Secretary and Director, First Learning CONSUMER PRODUCT SAFETY Parties Company Limited, Room 401, 4th Floor, COMMISSION 2. The Commission is an independent Block A, Sun Fung Centre, 88 Kwok Shui federal regulatory agency established Road, Kwai Hing, Hong Kong. pursuant to, and responsible for the [CPSC Docket No. 09–C0027] Dated: 12/12/2008. enforcement of, the Consumer Product Safety By: lllllllllllllllllll A&A Global Industries, Inc., Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). Bob Casey, Esq., 3. A&A is a corporation organized and 1205 NW 25th Avenue, Portland, OR 97210– Provisional Acceptance of a existing under the laws of Maryland, with its 2422, Counsel for First Learning Company Settlement Agreement and Order principal office located in Cockeysville, Limited. Maryland. At all times relevant hereto, A&A AGENCY: Consumer Product Safety U.S. Consumer Product Safety Commission imported and/or distributed in commerce toy Staff. Commission. jewelry. Cheryl A. Falvey, ACTION: Notice. Staff Allegations General Counsel, Office of the General 4. From approximately January 2005 to Counsel. SUMMARY: It is the policy of the March 2007, A&A imported and/or Ronald G. Yelenik, Commission to publish settlements distributed about 3.95 million units of Assistant General Counsel, Division of which it provisionally accepts under the children’s ‘‘Groovy Grabber’’ bracelets Compliance, Office of the General Counsel. Consumer Product Safety Act in the (‘‘Bracelets’’), which ultimately were sold to Dated: 3/6/09. Federal Register in accordance with the consumers in vending machines located in By: lllllllllllllllllll terms of 16 CFR 1118.20(e). Published malls, discount, department and grocery M. Reza Malihi, below is a provisionally-accepted stores nationwide from November 2005 to Trial Attorney, Division of Compliance, Settlement Agreement with A&A Global March 2007 for $.25 per unit. Office of the General Counsel. 5. The Bracelets are ‘‘consumer Industries, Inc., containing a civil product(s),’’ and, at all times relevant hereto, United States of America—Consumer penalty of $40,000.00. A&A was an ‘‘importer’’ and/or ‘‘distributor’’ Product Safety Commission DATES: Any interested person may ask of those consumer product(s), which were In the Matter of First Learning Company the Commission not to accept this ‘‘distributed in commerce,’’ as those terms Limited, CPSC Docket No. 09–C0026. agreement or otherwise comment on its are defined in CPSA sections 3(a)(5), (7), (8), (9), and (11), 15 U.S.C. 2052(a)(5), (7), (8), (9), Order contents by filing a written request with and (11). Upon consideration of the Settlement the Office of the Secretary by August 18, 6. The Bracelets are articles intended to be Agreement entered into between First 2009. entrusted to or for use by children, and, Learning Company Limited (‘‘First ADDRESSES: Persons wishing to therefore, are subject to the requirements of Learning’’) and the U.S. Consumer Product comment on this Settlement Agreement the Commission’s Ban of Lead-Containing Paint and Certain Consumer Products Safety Commission (‘‘Commission’’) staff, should send written comments to the and the Commission having jurisdiction over Bearing Lead-Containing Paint, 16 CFR Part the subject matter and over First Learning, Comment 09–C0027, Office of the 1303 (the ‘‘Ban’’). Under the Ban, toys and and it appearing that the Settlement Secretary, Consumer Product Safety other children’s articles must not bear ‘‘lead- Agreement and Order are in the public Commission, 4330 East West Highway, containing paint,’’ defined as paint or other interest, it is Room 502, Bethesda, Maryland 20814– surface coating materials whose lead content Ordered, that the Settlement Agreement be, 4408. is more than 0.06 percent of the weight of the and hereby is, accepted; and it is total nonvolatile content of the paint or the Further ordered, that First Learning shall FOR FURTHER INFORMATION CONTACT: M. weight of the dried paint film. 16 CFR pay a civil penalty in the amount of fifty Reza Malihi, Trial Attorney, Division of 1303.2(b)(1) thousand dollars ($50,000.00). The civil Compliance, Office of the General 7. On February 2, 2007, the Staff obtained penalty shall be paid in three (3) installments Counsel, Consumer Product Safety Bracelet samples from one of A&A’s as follows: $10,000.00 shall be paid within Commission, 4330 East West Highway, customers based in New York, which thirty (30) calendar days of service of the Bethesda, Maryland 20814–4408; subsequently were tested at the CPSC Commission’s final Order accepting the telephone (301) 504–7733 or Renee K. Laboratory for the presence of lead. The test Agreement; $15,000.00 shall be paid within Haslett, Trial Attorney, (same address); results demonstrated that the yellow paint on one hundred and twenty (120) calendar days certain Bracelet samples contained a total of service of the Commission’s final Order telephone (301) 504–7673. lead content from 7.114 percent to 7.742 accepting the Agreement; and $25,000.00 SUPPLEMENTARY INFORMATION: The text of percent. These levels of lead are in excess of shall be paid within one hundred and eighty the Agreement and Order appears the permissible 0.06 percent limit set forth in (180) calendar days of service of the below. the Ban. Commission’s final Order accepting the 8. On April 3, 2007, the Commission and Agreement. Each payment shall be made by Dated: July 28, 2009. A&A announced a consumer-level recall of check payable to the order of the United Todd A. Stevenson, about four million units of the Bracelets States Treasury. Upon the failure of First Secretary. because ‘‘[t]he paint on the metallic band Learning to make any of the foregoing beneath the decorative cover contains high payments when due, (i) the entire amount of United States of America, Consumer Product levels of lead. Lead is toxic if ingested by the civil penalty shall become due and Safety Commission young children and can cause adverse health payable, and (ii) interest on the outstanding In the Matter of A&A Global Industries, effects.’’ balance shall accrue and be paid by First Inc. 9. Although A&A reported no incidents or Learning at the Federal legal rate of interest injuries associated with the Bracelets, it set forth at 28 U.S.C. 1961(a) and (b). Settlement Agreement and Order failed to take adequate action to ensure that Provisionally accepted and provisional 1. In accordance with 16 CFR 1118.20, none would bear or contain lead-containing Order issued on the 8th day of July, 2009. A&A Global Industries, Inc. (‘‘A&A’’) and the paint, thereby creating a risk of lead By Order of the Commission. staff (‘‘Staff’’) of the United States Consumer poisoning and adverse health effects to Todd A. Stevenson, Product Safety Commission (‘‘CPSC’’ or the children. Secretary, U.S. Consumer Product Safety ‘‘Commission’’) enter into this Settlement 10. The Bracelets constitute ‘‘banned Commission. Agreement (‘‘Agreement’’). The Agreement hazardous products’’ under CPSA section 8 and the incorporated attached Order and the Ban, 15 U.S.C. 2057 and 16 CFR [FR Doc. E9–18514 Filed 7–31–09; 8:45 am] (‘‘Order’’) settle the Staff’s allegations set 1303.1(a)(1), 1303.4(b), in that they bear or BILLING CODE 6355–01–P forth below. contain paint or other surface coating

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materials whose lead content exceeds the 16 CFR 1118.20(e). In accordance with 16 By: lllllllllllllllllll permissible limit of 0.06 percent of the CFR 1118.20(f), if the Commission does not By: lllllllllllllllllll weight of the total nonvolatile content of the receive any written request not to accept the M. Reza Malihi, paint or the weight of the dried paint film. Agreement within fifteen (15) days, the Trial Attorney, Renee K. Haslett, Trial 11. From January 2005 to March 2007, Agreement shall be deemed finally accepted Attorney, Division of Compliance, Office of A&A sold, manufactured for sale, offered for on the sixteenth (16th) day after the date it the General Counsel. sale, distributed in commerce, or imported is published in the Federal Register. In the Matter of A&A Global Industries, into the United States, or caused one or more 21. Upon the Commission’s final Inc. of such acts, with respect to the aforesaid acceptance of the Agreement and issuance of banned hazards Bracelets in violation of the final Order, A&A knowingly, voluntarily, Order section 19(a)(1) of the CPSA, 15 U.S.C. and completely waives any rights it may have Upon consideration of the Settlement 2068(a)(1) (which acts at the time were in in this matter to the following: (1) An Agreement entered into between A&A Global violation of 19(a)(2) of the CPSA, 15 U.S.C. administrative or judicial hearing; (2) judicial Industries, Inc. (‘‘A&A’’) and the U.S. 2068(a)(2), as the Consumer Product Safety review or other challenge or contest of the Consumer Product Safety Commission Improvement Act of 2008, Public Law 110– validity of the Commission’s Order or (‘‘Commission’’) staff, and the Commission 314, had yet to be enacted). A&A committed actions; (3) a determination by the having jurisdiction over the subject matter these prohibited acts ‘‘knowingly,’’ as that Commission of whether A&A failed to and over A&A, and it appearing that the term is defined in section 20(d) of the CPSA, comply with the CPSA and its underlying Settlement Agreement and Order are in the 15 U.S.C. 2069(d). regulations; (4) a statement of findings of fact public interest, it is 12. Pursuant to section 20 of the CPSA, 15 and conclusions of law; and (5) any claims Ordered, that the Settlement Agreement be, U.S.C. 2069, A&A is subject to civil penalties under the Equal Access to Justice Act. and hereby is, accepted; and it is for the aforementioned violations. 22. The Commission may publicize the Further ordered, that A&A shall pay a civil terms of the Agreement and Order. penalty in the amount of forty thousand A&A’s Responsive Allegations 23. The Agreement and Order shall apply dollars ($40,000.00). The civil penalty shall 13. A&A contests and denies the Staff’s to, and be binding upon, A&A and each of be paid within twenty (20) calendar days of allegations set forth in paragraphs 4 through its successors and assigns. service of the Commission’s final Order 12. 24. The Commission issues the Order accepting the Agreement. The payment shall 14. A&A specifically denies that it failed to under the provisions of the CPSA, and be made by check payable to the order of the take adequate action to ensure that the violation of the Order may subject A&A to United States Treasury. Upon the failure of Bracelets did not bear lead-containing paint appropriate legal action. A&A to make the foregoing payment when exceeding the permissible limits set forth in 25. The Agreement may be used in due, interest on the unpaid amount shall the Ban. A&A’s compliance program, at the interpreting the Order. Understandings, accrue and be paid by A&A at the federal time of the subject recall met or exceeded agreements, representations, or legal rate of interest set forth at 28 U.S.C. industry standards for ensuring compliance interpretations apart from those contained in 1961(a) and (b). with the permissible lead limits set forth in the Agreement and Order may not be used to Provisionally accepted and provisional the Ban. Likewise, A&A asserts that it acted vary or contradict its terms. The Agreement Order issued on the 8th day of July 2009. shall not be waived, amended, modified, or responsibly and reasonably to respond to the By Order of the Commission. otherwise altered, except in a writing that is Commission’s concern regarding the Todd A. Stevenson, executed by the party against whom such Bracelets, including its prompt and voluntary Secretary, U.S. Consumer Product Safety waiver, amendment, modification, or implementation of a successful product recall Commission. of the Bracelets in cooperation with the alteration is sought to be enforced. Commission. 26. If any provision of the Agreement and [FR Doc. E9–18513 Filed 7–31–09; 8:45 am] 15. A&A specifically denies that any Order is held to be illegal, invalid, or BILLING CODE 6355–01–P alleged violation of the CPSA occurred unenforceable under present or future laws ‘‘knowingly,’’ as the term ‘‘knowingly’’ is effective during the terms of the Agreement defined in section 20(d) of the CPSA, 15 and Order, such provision shall be fully CONSUMER PRODUCT SAFETY U.S.C. 2069(d). severable. The balance of the Agreement and COMMISSION 16. A&A has entered into the Agreement Order shall remain in full force and effect, for settlement purposes only, to avoid unless the Commission and A&A agree that [CPSC Docket No. 09–C0021] incurring additional expenses and the severing the provision materially affects the distraction of litigation. Accordingly, the purpose of the Agreement and Order. Raymond Geddes & Co., Provisional Agreement and Order do not constitute, and A&A Global Industries, Inc. Acceptance of a Settlement Agreement are not evidence of, any fault or wrongdoing Dated: 4/23/09. and Order on the part of A&A. By: lllllllllllllllllll AGENCY: Consumer Product Safety Agreement of the Parties Eugene Lipman, Commission. Vice President of Finance and 17. Under the CPSA, the Commission has ACTION: Notice. jurisdiction over this matter and over A&A. Administration, A&A Global Industries, Inc., 17 Stenersen Lane, Cockeysville, MD 21030. 18. The parties enter into the Agreement SUMMARY: It is the policy of the for settlement purposes only. The Agreement Dated: 4/27/09. Commission to publish settlements does not constitute an admission by A&A, or By: lllllllllllllllllll which it provisionally accepts under the a determination by the Commission, that Kathleen M. Sanzo, Esq., Consumer Product Safety Act in the A&A has knowingly violated the CPSA. Morgan, Lewis & Bockius LLP, 1111 19. In settlement of the Staff’s allegations, Pennsylvania Avenue, NW., Washington, DC Federal Register in accordance with the A&A shall pay a civil penalty in the amount 20004, Counsel for A&A Global Industries, terms of 16 CFR 1118.20(e). Published of forty thousand dollars ($40,000.00) within Inc. below is a provisionally-accepted twenty (20) calendar days of service of the U.S. Consumer Product Safety Commission Settlement Agreement with Raymond Commission’s final Order accepting the Staff Geddes & Co., containing a civil penalty Agreement. The payment shall be made by Cheryl A. Falvey, of $40,000.00. check payable to the order of the United General Counsel, Office of the General DATES: Any interested person may ask States Treasury. Counsel. 20. Upon the Commission’s provisional the Commission not to accept this acceptance of the Agreement, the Agreement Ronald G. Yelenik, agreement or otherwise comment on its shall be placed on the public record and Assistant General Counsel, Office of the contents by filing a written request with published in the Federal Register in General Counsel. the Office of the Secretary by August 18, accordance with the procedures set forth in Dated: 5/12/09. 2009.

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ADDRESSES: Persons wishing to 6. The Children’s Pencil Pouches are Agreement of the Parties comment on this Settlement Agreement articles intended to be entrusted to or for use 14. Under the CPSA, the Commission has should send written comments to the by children, and, therefore, are subject to the jurisdiction over this matter and over Comment 09–C0021, Office of the requirements of the Commission’s Ban of Geddes. Secretary, Consumer Product Safety Lead-Containing Paint and Certain Consumer 15. The parties enter into the Agreement Commission, 4330 East West Highway, Products Bearing Lead-Containing Paint, 16 for settlement purposes only. The Agreement does not constitute an admission by Geddes, Room 502, Bethesda, Maryland 20814– CFR part 1303 (the ‘‘Ban’’). Under the Ban, toys and other children’s articles must not or a determination by the Commission, that 4408. bear or contain ‘‘lead-containing paint,’’ Geddes has knowingly violated the CPSA. FOR FURTHER INFORMATION CONTACT: defined as paint or other surface coating 16. In settlement of the Staff’s allegations, Sean Ward, Trial Attorney, Division of materials whose lead content is more than Geddes shall pay a civil penalty in the Compliance, Office of the General 0.06 percent of the weight of the total amount of forty thousand dollars ($40,000.00) within twenty (20) calendar Counsel, Consumer Product Safety nonvolatile content of the paint or the weight days of service of the Commission’s final Commission, 4330 East West Highway, of the dried paint film. 16 CFR 1303.2(b)(1). Order accepting the Agreement. The payment Bethesda, Maryland 20814–4408; 7. On October 24, 2007, Intertek Testing shall be by check payable to the order of the telephone (301) 504–7602. Services (‘‘Intertek’’) conducted follow-up United States Treasury. SUPPLEMENTARY INFORMATION: The text of testing for total lead content on samples of 17. Upon the Commission’s provisional the Agreement and Order appears metal zippers on the Stuff Keepers pencil acceptance of the Agreement, the Agreement below. pouches. The test results demonstrated that shall be placed on the public record and the surface paint on two of the metal zipper published in the Federal Register in Dated: July 28, 2009. samples had a total lead content from 0.277 accordance with the procedures set forth in Todd A. Stevenson, percent to 0.314 percent. These levels of lead 16 CFR 1118.20(e). In accordance with 16 Secretary. are in excess of the permissible 0.06 percent CFR 1118.20(f), if the Commission does not limit set forth in the Ban. On October 30, receive any written request not to accept the United States of America—Consumer 2007, Intertek tested the zipper pull on a Bear Agreement within fifteen (15) days, the Product Safety Commission Pencil Pouch sample for the presence of lead. Agreement shall be deemed finally accepted In the Matter of Raymond Geddes & Co., The test result demonstrated that the surface on the sixteenth (16th) day after the date it Provisional Acceptance of a Settlement paint on the sample had a total lead content is published in the Federal Register. Agreement and Order CPSC Docket No. 09– above the permissible 0.06 percent limit set 18. Upon the Commission’s final acceptance of the Agreement and issuance of C0021. forth in the Ban. the final Order, Geddes knowingly, 8. On November 21, 2007, the Commission Settlement Agreement and Order voluntarily, and completely waives any 1. In accordance with 16 CFR 1118.20, and Geddes announced a consumer-level rights it may have in this matter to the Raymond Geddes & Co. (‘‘Geddes’’) and the recall of about 84,200 units of the Children’s following: (1) An administrative or judicial staff (‘‘Staff’’) of the United States Consumer Pencil Pouches because ‘‘[t]he paint on the hearing; (2) judicial review or other challenge Product Safety Commission (‘‘CPSC’’ or the pencil pouches’ zipper pulls contains or contest of the validity of the Commission’s ‘‘Commission’’) enter into this Settlement excessive levels of lead, violating the Federal Order or actions; (3) a determination by the Agreement (‘‘Agreement’’). The Agreement lead paint standard.’’ Commission of whether Geddes failed to and the incorporated attached Order 9. Although Geddes reported no incidents comply with the CPSA and its underlying (‘‘Order’’) settle the Staff’s allegations set or injuries from the Children’s Pencil regulations; (4) a statement of findings of fact forth below. Pouches, it failed to take adequate action to and conclusions of law; and (5) any claims Parties ensure that they did not bear or contain lead- under the Equal Access to Justice Act. containing paint, thereby creating a risk of 19. The Commission may publicize the 2. The Commission is an independent lead poisoning and adverse health effects to terms of the Agreement and Order. Federal regulatory agency established 20. The Agreement and Order shall apply pursuant to the Consumer Product Safety children. 10. The Children’s Pencil Pouches to, and be binding upon, Geddes and each of Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). The its successors and assigns. Commission is responsible for the constitute ‘‘banned hazardous products’’ under CPSA section 8 and the Ban, 15 U.S.C. 21. The Commission issues the Order enforcement of the CPSA. under the provisions of the CPSA, and 2057 and 16 CFR 1303.1(a)(1), 1303.4(b), in 3. Geddes is a corporation organized and violation of the Order may subject Geddes to that they bear or contain paint or other existing under the laws of Maryland, with its appropriate legal action. principal offices located in Baltimore, surface coating materials whose lead content 22. The Agreement may be used in Maryland. At all times relevant hereto, exceeds the permissible limit of 0.06 percent interpreting the Order. Understandings, Geddes imported, distributed and sold pencil of the weight of the total nonvolatile content agreements, representations, or pouches to school supply distributors. of the paint or the weight of the dried paint interpretations apart from those contained in Staff Allegations film. the Agreement and Order may not be used to 11. From September 1997 through October vary or contradict its terms. The Agreement 4. From September 1997 through October 2007, Geddes sold, manufactured for sale, shall not be waived, amended, modified, or 2007, Geddes imported and sold about offered for sale, distributed in commerce, or otherwise altered, except in a writing that is 84,200 units of pencil pouches, consisting of imported into the United States, or caused executed by the party against whom such ‘‘Stuff Keepers’’ pencil pouches, Style one or more of such acts, with respect to the waiver, amendment, modification, or #63525, and ‘‘Bear Pencil Pouches,’’ Style alteration is sought to be enforced. #67221 (collectively, the ‘‘Children’s Pencil Children’s Pencil Pouches, in violation of 23. If after the effective date hereof, any Pouches’’). The Children’s Pencil Pouches section 19(a)(1) of the CPSA, 15 U.S.C. provision of the Agreement and Order is held were supplied by and purchased from Getco 2068(a)(1). Geddes committed these to be illegal, invalid, or unenforceable under Toys Nanjing Co., LTD (‘‘Getco’’), of China. prohibited acts ‘‘knowingly,’’ as that term is present or future laws effective during the Geddes sold the Children’s Pencil Pouches to defined in section 20(d) of the CPSA, 15 terms of the Agreement and Order, such school supply distributors nationwide. U.S.C. 2069(d). provision shall be fully severable. The 5. The Children’s Pencil Pouches are 12. Pursuant to section 20 of the CPSA, 15 balance of the Agreement and Order shall ‘‘consumer product(s),’’ and, at all times U.S.C. 2069, Geddes is subject to civil remain in full force and effect, unless the relevant hereto, Geddes was a penalties for the aforementioned violations. Commission and Geddes agree that severing ‘‘manufacturer’’ of those consumer Geddes Response the provision materially affects the purpose product(s), which were ‘‘distributed in of the Agreement and Order. commerce,’’ as those terms are defined in 13. Geddes denies the Staff’s allegations set CPSA sections 3(a)(3), (5), (8), and (11), 15 forth above that Geddes knowingly violated Raymond Geddes & Co. U.S.C. 2052(a)(3), (5), (8), and (11). the CPSA. Dated: 12/2/08.

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By: lllllllllllllllllll ACTION: Notice. Staff Allegations Will Geddes, 4. During 2006 and 2007, Family Dollar, President, 8901 Yellow Brick Rd., Baltimore, SUMMARY: It is the policy of the through its subsidiary Family Dollar MD 21237–2303. Commission to publish settlements Services, Inc., imported into the United Dated: 12/8/08. which it provisionally accepts under the States a total of about 142,000 units of certain By: lllllllllllllllllll Consumer Product Safety Act in the Halloween-themed plastic pails (SKU John Scaldara, Esq., Federal Register in accordance with the number 1033953, and UPC number Offit Kurman, 8 Park Center Court, Suite 200, terms of 16 CFR 1118.20(e). Published 017845000591) (‘‘Pail(s)’’). Specifically, Owings Mill, MD 21117, Counsel for below is a provisionally-accepted Family Dollar imported 28,725 of the Pails Raymond Geddes & Co. Settlement Agreement with Family during 2006, and an additional 112,560 in July 2007. From August 2007 through U.S. Consumer Product Safety Commission Dollar Stores, Inc., containing a civil Staff October 2007, Family Dollar stores penalty of $75,000.00. Cheryl A. Falvey, nationwide offered the Pails for sale or sold General Counsel, Office of the General DATES: Any interested person may ask them to consumers. Counsel. the Commission not to accept this 5. The Pails are ‘‘consumer product(s),’’ agreement or otherwise comment on its and, at all times relevant hereto, Family Ronald G. Yelenik, Dollar was a ‘‘manufacturer’’ and/or a Assistant General Counsel, Division of contents by filing a written request with the Office of the Secretary by August 18, ‘‘retailer’’ of those consumer product(s), Compliance, Office of the General Counsel. which were ‘‘distributed in commerce,’’ as Dated: 11/25/08. 2009. those terms are defined in CPSA sections By: lllllllllllllllllll ADDRESSES: Persons wishing to 3(a)(3), (5), (8), (11), and (13), 15 U.S.C. Sean R. Ward, comment on this Settlement Agreement 2052(a)(3), (5), (8), (11), and (13). Trial Attorney, Division of Compliance, should send written comments to the 6. The Pails are articles intended to be Office of the General Counsel. Comment 09–C0023, Office of the entrusted to or for use by children, and, United States of America—Consumer Secretary, Consumer Product Safety therefore, are subject to the requirements of Product Safety Commission Commission, 4330 East West Highway, the Commission’s Ban of Lead-Containing Paint and Certain Consumer Products In the Matter of Raymond Geddes & Co., Room 502, Bethesda, Maryland 20814– Bearing Lead-Containing Paint, 16 CFR part CPSC Docket No. 09–C0021. 4408. 1303 (the ‘‘Ban’’). Under the Ban, toys and Order FOR FURTHER INFORMATION CONTACT: other children’s articles must not bear ‘‘lead- Belinda V. Bell, Trial Attorney, Division containing paint,’’ defined as paint or other Upon consideration of the Settlement of Compliance, Office of the General surface coating materials whose lead content Agreement entered into between Raymond is more than 0.06 percent of the weight of the Geddes & Co. (‘‘Geddes’’) and the U.S. Counsel, Consumer Product Safety Commission, 4330 East West Highway, total nonvolatile content of the paint or the Consumer Product Safety Commission weight of the dried paint film. 16 CFR (‘‘Commission’’) staff, and the Commission Bethesda, Maryland 20814–4408; 1303.2(b)(1) having jurisdiction over the subject matter telephone (301) 504–7592 or M. Reza 7. On September 28, 2007, the Staff and over Geddes, and it appearing that the Malihi, Trial Attorney, (same address); obtained third-party laboratory results Settlement Agreement and Order are in the telephone (301) 504–7733. relating to, in pertinent part, testing for the public interest, it is SUPPLEMENTARY INFORMATION: The text of presence of lead in the surface coating of a Ordered, that the Settlement Agreement be, sample of the Pails purchased from a Family and hereby is, accepted; and it is the Agreement and Order appears below. Dollar retail store in Ashland, Ohio. The test Further ordered, that Geddes shall pay a results demonstrated that a green coating on civil penalty in the amount of forty thousand Dated: July 28, 2009. the outside surface of the Pail contained a dollars ($40,000.00) within twenty (20) Todd A. Stevenson, total lead content of 2.1% by weight. This calendar days of service of the Commission’s Secretary. level of lead is in excess of the permissible final Order accepting the Agreement. The 0.06 percent limit set forth in the Ban. payment shall be made by check payable to United States of America—Consumer 8. In October 2007, Family Dollar reported the order of the United States Treasury. Upon Product Safety Commission to CPSC that it had commissioned an the failure of Geddes to make any of the independent laboratory to conduct further foregoing payments when due, interest on the In the Matter of Family Dollar Stores, Inc., CPSC Docket No. 09–C0023. testing for the presence of lead in surface unpaid amount shall accrue and be paid by coatings of another twelve (12) Pail samples. Geddes at the Federal legal rate of interest set Settlement Agreement As expressed in a test report issued October forth at 28 U.S.C. 1961(a) and (b). 1. In accordance with 16 CFR 1118.20, 5, 2007, the test results demonstrated that the Provisionally accepted and provisional Family Dollar Stores, Inc. (‘‘Family Dollar’’) Pails’ green surface coating contained a total Order issued on the 8th day of July, 2009. and the staff (‘‘Staff’’) of the United States lead content of 1200 mg/kg. These levels of By Order of the Commission. Consumer Product Safety Commission lead are in excess of the permissible 0.06 Todd A. Stevenson, (‘‘CPSC’’ or the ‘‘Commission’’) enter into percent limit set forth in the Ban. Secretary, U.S. Consumer Product Safety this Settlement Agreement (‘‘Agreement’’). 9. On October 25, 2007, the Commission Commission. The Agreement and the incorporated and Family Dollar announced a consumer- attached Order (‘‘Order’’) settle the Staff’s level recall of about 142,000 units of the Pails [FR Doc. E9–18522 Filed 7–31–09; 8:45 am] allegations set forth below. because ‘‘[t]he green paint on the pails BILLING CODE 6355–01–P contains excessive levels of lead, violating Parties the Federal lead paint standard.’’ 2. The Commission is an independent 10. Although Family Dollar reported no CONSUMER PRODUCT SAFETY Federal regulatory agency established incidents or injuries associated with the COMMISSION pursuant to, and responsible for the Pails, it failed to take adequate action to enforcement of, the Consumer Product Safety ensure that none would bear or contain lead- [CPSC Docket No. 09–C0023] Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). containing paint, thereby creating a risk of 3. Family Dollar is a corporation organized lead poisoning and adverse health effects to Family Dollar Stores, Inc., Provisional and existing under the laws of Delaware, children. Acceptance of a Settlement Agreement with its principal offices located in 11. The Pails constitute ‘‘banned hazardous and Order Matthews, North Carolina. At all times products’’ under CPSA section 8 and the Ban, relevant hereto, Family Dollar imported and/ 15 U.S.C. 2057 and 16 CFR 1303.1(a)(1), AGENCY: Consumer Product Safety or sold toys and children’s products, among 1303.4(b), in that they bear or contain paint Commission. other merchandise. or other surface coating materials whose lead

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content exceeds the permissible limit of 0.06 23. The Agreement may be used in Dollar to make any of the foregoing payments percent of the weight of the total nonvolatile interpreting the Order. Understandings, when due, interest on the unpaid amount content of the paint or the weight of the dried agreements, representations, or shall accrue and be paid by Family Dollar at paint film. interpretations apart from those contained in the Federal legal rate of interest set forth at 12. Beginning in 2006 and ending in the Agreement and Order may not be used to 28 U.S.C. 1961(a) and (b). October 2007, Family Dollar sold, vary or contradict its terms. The Agreement Provisionally accepted and provisional manufactured for sale, offered for sale, shall not be waived, amended, modified, or Order issued on the 8th day of July, 2009. distributed in commerce, or imported into otherwise altered, except in a writing that is By Order of the Commission. the United States, or caused one or more of executed by the party against whom such Todd A. Stevenson, such acts, with respect to the Pails, in waiver, amendment, modification, or Secretary, U.S. Consumer Product Safety violation of section 19(a)(1) of the CPSA, 15 alteration is sought to be enforced. Commission. U.S.C. 2068(a)(1). Family Dollar committed 24. If any provision of the Agreement and these prohibited acts ‘‘knowingly,’’ as that Order is held to be illegal, invalid, or [FR Doc. E9–18519 Filed 7–31–09; 8:45 am] term is defined in section 20(d) of the CPSA, unenforceable under present or future laws BILLING CODE 6355–01–P 15 U.S.C. 2069(d). effective during the terms of the Agreement 13. Pursuant to section 20 of the CPSA, 15 and Order, such provision shall be fully U.S.C. 2069, Family Dollar is subject to civil severable. The balance of the Agreement and CONSUMER PRODUCT SAFETY penalties for the aforementioned violations. Order shall remain in full force and effect, COMMISSION Family Dollar Response unless the Commission and Family Dollar agree that severing the provision materially [CPSC Docket No. 09–C0024] 14. Family Dollar denies the Staff’s affects the purpose of the Agreement and allegations set forth above that Family Dollar Order. Michaels Stores, Inc., Provisional knowingly violated the CPSA. Family Dollar Stores, Inc. Acceptance of a Settlement Agreement and Order Agreement of the Parties Dated: 3/19/09. 15. Under the CPSA, the Commission has By: lllllllllllllllllll AGENCY: Consumer Product Safety jurisdiction over this matter and over Family Jacob Modla, Esq., Commission. Dollar. Assistant Secretary and Interim General ACTION: Notice. 16. The parties enter into the Agreement Counsel, Family Dollar Stores, Inc., 10401 for settlement purposes only. The Agreement Monroe Road, Matthews, NC 28105–5349. SUMMARY: It is the policy of the does not constitute an admission by Family Dollar, or a determination by the Dated: 3/23/09. Commission to publish settlements Commission, that Family Dollar has By: lllllllllllllllllll which it provisionally accepts under the knowingly violated the CPSA. Michael J. Gidding, Esq. Consumer Product Safety Act in the 17. In settlement of the Staff’s allegations, Brown & Gidding, P.C., 3201 N. Mexico Ave, Federal Register in accordance with the Family Dollar shall pay a civil penalty in the NW., Washington, DC 20016, Counsel for terms of 16 CFR 1118.20(e). Published amount of seventy five thousand dollars Family Dollar Stores, Inc. below is a provisionally-accepted ($75,000.00) within twenty (20) calendar U.S. Consumer Product Safety Commission Settlement Agreement with Michaels days of service of the Commission’s final Staff. Stores, Inc., containing a civil penalty of Order accepting the Agreement. This Cheryl A. Falvey, $45,000.00. payment shall be made by check payable to General Counsel, Office of the General DATES: Any interested person may ask the order of the United States Treasury. Counsel, Ronald G. Yelenik, Assistant 18. Upon the Commission’s provisional General Counsel, Division of Compliance, the Commission not to accept this acceptance of the Agreement, the Agreement Office of the General Counsel. agreement or otherwise comment on its shall be placed on the public record and contents by filing a written request with published in the Federal Register in Dated: 3/31/09. By: lllllllllllllllllll the Office of the Secretary by August 18, accordance with the procedures set forth in 2009. 16 CFR 1118.20(e). In accordance with 16 Belinda V. Bell, CFR 1118.20(f), if the Commission does not Trial Attorney, M. Reza Malihi, Trial ADDRESSES: Persons wishing to receive any written request not to accept the Attorney, Division of Compliance, Office of comment on this Settlement Agreement Agreement within fifteen (15) days, the the General Counsel. should send written comments to the Agreement shall be deemed finally accepted United States of America—Consumer Comment 09–C0024, Office of the on the sixteenth (16th) day after the date it Product Safety Commission Secretary, Consumer Product Safety is published in the Federal Register. Commission, 4330 East West Highway, In the Matter of Family Dollar Stores, Inc., 19. Upon the Commission’s final Room 502, Bethesda, Maryland 20814– acceptance of the Agreement and issuance of CPSC Docket No. 09–C0023. the final Order, Family Dollar knowingly, 4408. Order voluntarily, and completely waives any FOR FURTHER INFORMATION CONTACT: M. rights it may have in this matter to the Upon consideration of the Settlement Reza Malihi, Trial Attorney, Division of following: (1) An administrative or judicial Agreement entered into between Family Compliance, Office of the General hearing; (2) judicial review or other challenge Dollar Stores, Inc. (‘‘Family Dollar’’) and the Counsel, Consumer Product Safety or contest of the validity of the Commission’s U.S. Consumer Product Safety Commission (‘‘Commission’’) staff, and the Commission Commission, 4330 East West Highway, Order or actions; (3) a determination by the Bethesda, Maryland 20814–4408; Commission of whether Family Dollar failed having jurisdiction over the subject matter to comply with the CPSA and its underlying and over Family Dollar, and it appearing that telephone (301) 504–7733. regulations; (4) a statement of findings of fact the Settlement Agreement and Order are in SUPPLEMENTARY INFORMATION: The text of and conclusions of law; and (5) any claims the public interest, it is the Agreement and Order appears under the Equal Access to Justice Act. Ordered, that the Settlement Agreement be, below. 20. The Commission may publicize the and hereby is, accepted; and it is terms of the Agreement and Order. Further ordered, that Family Dollar shall Dated: July 28, 2009. 21. The Agreement and Order shall apply pay a civil penalty in the amount of seventy Todd A. Stevenson, to, and be binding upon, Family Dollar and five thousand dollars ($75,000.00) within Secretary. each of its successors and assigns. twenty (20) calendar days of service of the 22. The Commission issues the Order Commission’s final Order accepting the Settlement Agreement under the provisions of the CPSA, and Agreement. The payment shall be made by 1. In accordance with 16 CFR 1118.20, violation of the Order may subject Family check payable to the order of the United Michaels Stores, Inc. (‘‘Michaels’’) and the Dollar to appropriate legal action. States Treasury. Upon the failure of Family staff (‘‘Staff’’) of the United States Consumer

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Product Safety Commission (‘‘CPSC’’ or the testing for the presence of lead in surface shall be placed on the public record and ‘‘Commission’’) enter into this Settlement coatings on additional Pen samples. As published in the Federal Register in Agreement (‘‘Agreement’’). The Agreement expressed in two test reports issued accordance with the procedures set forth in and the incorporated attached Order concurrently, the confirmatory testing 16 CFR 1118.20(e). In accordance with 16 (‘‘Order’’) settle the Staff’s allegations set demonstrated that four (4) composite paint CFR 1118.20(f), if the Commission does not forth below. colors obtained from different locations of receive any written request not to accept the the Flower Writers Pens contained a total Agreement within fifteen (15) days, the Parties lead content from 4,400 parts per million Agreement shall be deemed finally accepted 2. The Commission is an independent (ppm) up to 37,000 ppm; and that six (6) on the sixteenth (16th) day after the date it federal regulatory agency established composite paint colors obtained from is published in the Federal Register. pursuant to, and responsible for the different locations of the Easter Writers Pens 19. Upon the Commission’s final enforcement of, the Consumer Product Safety contained a total lead content from 970 ppm acceptance of the Agreement and issuance of Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). to 31,000 ppm. These levels of lead are in the final Order, Michaels knowingly, 3. Michaels is a corporation organized and excess of the permissible 0.06 percent limit voluntarily, and completely waives any set forth in the Ban. existing under the laws of Delaware, with its rights it may have in this matter to the 9. On April 10, 2008, the Commission and principal offices located in Irving, Texas. At following: (1) An administrative or judicial Michaels announced a consumer-level recall all times relevant hereto, Michaels imported hearing; (2) judicial review or other challenge of about 310,000 units of the Pens because and/or sold children’s products, among other or contest of the validity of the Commission’s arts and crafts merchandise in various ‘‘The seasonal writing pens’ surface coating contains high levels of lead, violating the Order or actions; (3) a determination by the categories such as Seasonal, Kids Crafts and Commission of whether Michaels failed to Paper Crafts. federal lead paint standard.’’ 10. Although Michaels reported no comply with the CPSA and its underlying Staff Allegations incidents or injuries associated with the regulations; (4) a statement of findings of fact and conclusions of law; and (5) any claims 4. Beginning in August 2007, Michaels Pens, it failed to take adequate action to ensure that none would bear or contain lead- under the Equal Access to Justice Act. imported into the United States about 20. The Commission may publicize the 310,000 units of certain seasonal writing containing paint, thereby creating a risk of lead poisoning and adverse health effects to terms of the Agreement and Order. pens, consisting of ‘‘Flower Writers,’’ 21. The Agreement and Order shall apply ‘‘Christmas Writers,’’ ‘‘Easter Writers’’ and children. 11. The Pens constitute ‘‘banned hazardous to, and be binding upon, Michaels and each ‘‘Spooky Writers’’ styles, each bearing of its successors and assigns. applicable themed decorations including products’’ under CPSA section 8 and the Ban, 15 U.S.C. 2057 and 16 CFR 1303.1(a)(1), 22. The Commission issues the Order flowers, Christmas, Easter and Halloween under the provisions of the CPSA, and ornamentation (‘‘Pen(s)’’). The Pens were, in 1303.4(b), in that they bear or contain paint or other surface coating materials whose lead violation of the Order may subject Michaels turn, offered for sale or sold to consumers at to appropriate legal action. Michaels stores nationwide from August content exceeds the permissible limit of 0.06 percent of the weight of the total nonvolatile 23. The Agreement may be used in 2007 through March 2008 for about $1 per interpreting the Order. Understandings, unit. content of the paint or the weight of the dried paint film. agreements, representations, or 5. The Pens are ‘‘consumer product(s),’’ interpretations apart from those contained in and, at all times relevant hereto, Michaels 12. Between August 2007 and March 2008, Michaels sold, manufactured for sale, offered the Agreement and Order may not be used to was a ‘‘manufacturer’’ and/or a ‘‘retailer’’ of vary or contradict its terms. The Agreement those consumer product(s), which were for sale, distributed in commerce, or imported into the United States, or caused shall not be waived, amended, modified, or ‘‘distributed in commerce,’’ as those terms otherwise altered, except in a writing that is are defined in CPSA sections 3(a)(3), (5), (8), one or more of such acts, with respect to the aforesaid banned hazardous Pens, in executed by the party against whom such (11), and (13), 15 U.S.C. §§ 2052(a)(3), (5), (8), waiver, amendment, modification, or (11), and (13). violation of section 19(a)(1) of the CPSA, 15 U.S.C. 2068(a)(1). Michaels committed these alteration is sought to be enforced. 6. The Pens are articles intended to be prohibited acts ‘‘knowingly,’’ as that term is 24. If any provision of the Agreement and entrusted to or for use by children, and, defined in section 20(d) of the CPSA, 15 Order is held to be illegal, invalid, or therefore, are subject to the requirements of U.S.C. 2069(d). unenforceable under present or future laws the Commission’s Ban of Lead-Containing 13. Pursuant to section 20 of the CPSA, 15 effective during the terms of the Agreement Paint and Certain Consumer Products U.S.C. 2069, Michaels is subject to civil and Order, such provision shall be fully Bearing Lead-Containing Paint, 16 CFR Part penalties for the aforementioned violations. severable. The balance of the Agreement and 1303 (the ‘‘Ban’’). Under the Ban, toys and Order shall remain in full force and effect, other children’s articles must not bear ‘‘lead- Michaels Response unless the Commission and Michaels agree containing paint,’’ defined as paint or other 14. Michaels denies the Staff’s allegations that severing the provision materially affects surface coating materials whose lead content set forth above that Michaels knowingly the purpose of the Agreement and Order. is more than 0.06 percent of the weight of the violated the CPSA. total nonvolatile content of the paint or the Michaels Stores, Inc. weight of the dried paint film. 16 CFR Agreement of the Parties Dated: February 3, 2009. § 1303.2(b)(1) 15. Under the CPSA, the Commission has By: lllllllllllllllllll 7. On October 28, 2007, the Staff obtained jurisdiction over this matter and over Michael Veitenheimer, from the University of Ashland’s Department Michaels. Senior Vice President, General Counsel and of Chemistry laboratory results relating to, in 16. The parties enter into the Agreement Secretary, Michaels Stores, Inc., 8000 Bent pertinent part, testing for the presence of lead for settlement purposes only. The Agreement Branch Drive, Irving, Texas 75063. in surface paints on samples of the Flower does not constitute an admission by U.S. Consumer Product Safety Commission Writers and Christmas Writers Pens Michaels, or a determination by the Staff. purchased from a Michaels store in Commission, that Michaels has knowingly Cheryl A. Falvey, Mansfield, Ohio. The University’s test results violated the CPSA. General Counsel, Office of the General demonstrated that each of twelve paint colors 17. In settlement of the Staff’s allegations, Counsel. tested contained excessive lead levels, with Michaels shall pay a civil penalty in the an average total lead content of 2.53 percent, amount of forty five thousand dollars Ronald G. Yelenik, and an upper range as high as 5.07 percent. ($45,000.00) within twenty (20) calendar Assistant General Counsel, Division of These levels of lead are in excess of the days of service of the Commission’s final Compliance, Office of the General Counsel. permissible 0.06 percent limit set forth in the Order accepting the Agreement. This Dated: March 6, 2009. Ban. payment shall be made by check payable to By: lllllllllllllllllll 8. In March 2008, Michaels reported to the order of the United States Treasury. M. Reza Malihi, CPSC that it had commissioned an 18. Upon the Commission’s provisional Trial Attorney, Division of Compliance, independent laboratory to conduct further acceptance of the Agreement, the Agreement Office of the General Counsel.

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Order FOR FURTHER INFORMATION CONTACT: M. were, in turn, offered for sale or sold to Upon consideration of the Settlement Reza Malihi, Trial Attorney, Division of consumers at Hobby Lobby stores nationwide Agreement entered into between Michaels Compliance, Office of the General from January 2008 through March 2008, for Stores, Inc. (‘‘Michaels’’) and the U.S. about $2.50 per unit and about $2 per unit, Counsel, Consumer Product Safety respectively. Consumer Product Safety Commission Commission, 4330 East West Highway, (‘‘Commission’’) staff, and the Commission 6. The Baskets, Eggs and Tops are Bethesda, Maryland 20814–4408; ‘‘consumer product(s),’’ and, at all times having jurisdiction over the subject matter telephone (301) 504–7733. and over Michaels, and it appearing that the relevant hereto, Hobby Lobby was a Settlement Agreement and Order are in the SUPPLEMENTARY INFORMATION: The text of ‘‘manufacturer’’ and/or a ‘‘retailer’’ of those public interest, it is the Agreement and Order appears consumer product(s), which were ‘‘distributed in commerce,’’ as those terms Ordered, that the Settlement Agreement be, below. are defined in CPSA sections 3(a)(3), (5), (8), and hereby is, accepted; and it is Dated: July 28, 2009. (11), and (13), 15 U.S.C. 2052(a)(3), (5), (8), Further Ordered, that Michaels shall pay a (11), and (13). civil penalty in the amount of forty five Todd A. Stevenson, 7. The Baskets, Eggs and Tops are articles thousand dollars ($45,000.00) within twenty Secretary. intended to be entrusted to or for use by (20) calendar days of service of the Settlement Agreement children, and, therefore, are subject to the Commission’s final Order accepting the requirements of the Commission’s Ban of Agreement. The payment shall be made by 1. In accordance with 16 CFR 1118.20, Hobby Lobby Stores, Inc. (‘‘Hobby Lobby’’) Lead-Containing Paint and Certain Consumer check payable to the order of the United Products Bearing Lead-Containing Paint, 16 States Treasury. Upon the failure of Michaels and the staff (‘‘Staff’’) of the United States Consumer Product Safety Commission CFR part 1303 (the ‘‘Ban’’). Under the Ban, to make any of the foregoing payments when toys and other children’s articles must not (‘‘CPSC’’ or the ‘‘Commission’’) enter into due, interest on the unpaid amount shall bear ‘‘lead-containing paint,’’ defined as this Settlement Agreement (‘‘Agreement’’). accrue and be paid by Michaels at the federal paint or other surface coating materials The Agreement and the incorporated legal rate of interest set forth at 28 U.S.C. whose lead content is more than 0.06 percent attached Order (‘‘Order’’) settle the Staff’s 1961(a) and (b). of the weight of the total nonvolatile content Provisionally accepted and provisional allegations set forth below. of the paint or the weight of the dried paint Order issued on the 8th day of July, 2009. Parties film. 16 CFR 1303.2(b)(1) 8. Samples of the Baskets were tested by By Order of the Commission. 2. The Commission is an independent an independent laboratory for the presence of Todd A. Stevenson, Federal regulatory agency established lead pursuant to the Ban. The test results Secretary, U.S. Consumer Product Safety pursuant to, and responsible for the Commission. demonstrated that certain samples of each enforcement of, the Consumer Product Safety contained levels of lead in excess of the [FR Doc. E9–18518 Filed 7–31–09; 8:45 am] Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). permissible 0.06 percent limit set forth in the BILLING CODE 6355–01–P 3. Hobby Lobby is a corporation organized Ban. On or about October 30, 2007, the and existing under the laws of Oklahoma, Commission informed Hobby Lobby of the with its principal offices located in violation. CONSUMER PRODUCT SAFETY Oklahoma City, Oklahoma. At all times 9. On November 16, 2007, the Commission COMMISSION relevant hereto, Hobby Lobby imported and/ and Hobby Lobby announced a consumer- or sold toys and other children’s products, level recall of about 10,000 units of the [CPSC Docket No. 09–C0025] among other merchandise such as arts and Baskets because ‘‘Surface paint on the bat, crafts, hobbies, picture framing, jewelry pumpkin and witch emblems attached to the Hobby Lobby Stores, Inc., Provisional making, fashion fabrics, floral, cards and baskets contains excess levels of lead, which Acceptance of a Settlement Agreement party items. violates the Federal lead paint ban.’’ and Order Staff Allegations 10. Samples of the Eggs and Tops were tested by an independent laboratory for the AGENCY: Consumer Product Safety 4. During August 2007, Hobby Lobby presence of lead pursuant to the Ban. The test Commission. imported into the United States about 10,000 results demonstrated that certain samples of ACTION: Notice. units of certain Halloween-themed plastic each contained levels of lead in excess of the baskets, with two carrying handles, an permissible 0.06 percent limit set forth in the SUMMARY: It is the policy of the emblem of a witch, bat or pumpkin attached Ban. On or about March 13, 2008, the Commission to publish settlements to each side of the handle, and item number Commission informed Hobby Lobby of the which it provisionally accepts under the 5464201 located next to the price on the violation. Consumer Product Safety Act in the paper hangtag on the handle (‘‘Basket(s)’’). 11. On March 21, 2008, the Commission The Baskets were, in turn, offered for sale or and Hobby Lobby announced a consumer- Federal Register in accordance with the sold to consumers at Hobby Lobby stores terms of 16 CFR 1118.20(e). Published level recall of about 13,000 units of the Eggs nationwide from August 2007 through and Tops because ‘‘The paint on the toys below is a provisionally-accepted November 2007 for about $1 per unit. contains excessive levels of lead, violating Settlement Agreement with Hobby 5. Also during August 2007, Hobby Lobby the Federal lead paint standard.’’ Lobby Stores, Inc., containing a civil imported into the United States about 13,000 12. Although Hobby Lobby reported no penalty of $50,000.00. units of Easter-Themed Camouflage Eggs and incidents or injuries associated with the DATES: Any interested person may ask Spinning Egg Top Toys. The Camouflage Baskets, Eggs and Tops, it failed to take Easter Egg Treat Containers have Item #1031 adequate action to ensure that none would the Commission not to accept this printed on the front of the packaging and are agreement or otherwise comment on its bear or contain lead-containing paint, thereby white, brown and green camouflage colors, creating a risk of lead poisoning and adverse contents by filing a written request with sold in a package of eight eggs, with ‘‘Made health effects to children. the Office of the Secretary by August 18, in China for Tony Development and Mfg Ltd; 13. The Baskets, Eggs and Tops constitute 2009. TST, Kin, HK’’ and UPC code number 43078 ‘‘banned hazardous products’’ under CPSA ADDRESSES: Persons wishing to 01031 printed on the back of the packing section 8 and the Ban, 15 U.S.C. 2057 and 16 comment on this Settlement Agreement (‘‘Egg(s)’’). The Easter Spinning Egg Tops CFR 1303.1(a)(1), 1303.4(b), in that they bear should send written comments to the have Item # 1054 printed on the front of the or contain paint or other surface coating packaging and are multi-colored and come in Comment 09–C0025, Office of the materials whose lead content exceeds the packages of a single egg and a rip cord, with permissible limit of 0.06 percent of the Secretary, Consumer Product Safety ‘‘Made in China for Tony Development and weight of the total nonvolatile content of the Commission, 4330 East West Highway, Mfg Ltd. TST, Kin, HK’’ and UPC code paint or the weight of the dried paint film. Room 502, Bethesda, Maryland 20814– number 43078 01054 printed on the back of 14. Between August 2007 and March 2008, 4408. the packaging (‘‘Top(s)’’). The Eggs and Tops Hobby Lobby manufactured for sale, offered

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for sale, distributed in commerce, or agreements, representations, or CONSUMER PRODUCT SAFETY imported into the United States, or caused interpretations apart from those contained in COMMISSION one or more of such acts, with respect to the the Agreement and Order may not be used to aforesaid banned hazardous Baskets, Eggs vary or contradict its terms. The Agreement [CPSC Docket No. 09–C0029] and Tops, in violation of section 19(a)(1) of shall not be waived, amended, modified, or the CPSA, 15 U.S.C. 2068(a)(1). Hobby Lobby otherwise altered, except in a writing that is Dollar General Corporation, committed these prohibited acts executed by the party against whom such Provisional Acceptance of a ‘‘knowingly,’’ as that term is defined in waiver, amendment, modification, or Settlement Agreement and Order section 20(d) of the CPSA, 15 U.S.C. 2069(d). alteration is sought to be enforced. 15. Pursuant to section 20 of the CPSA, 15 26. If any provision of the Agreement and AGENCY: Consumer Product Safety U.S.C. 2069, Hobby Lobby is subject to civil Order is held to be illegal, invalid, or Commission. penalties for the aforementioned violations. unenforceable under present or future laws ACTION: Notice. effective during the terms of the Agreement Hobby Lobby’s Responsive Allegations and Order, such provision shall be fully SUMMARY: It is the policy of the 16. Hobby Lobby denies the Staff’s severable. The balance of the Agreement and Commission to publish settlements allegations set forth above that Hobby Lobby Order shall remain in full force and effect, knowingly violated the CPSA or that it failed unless the Commission and Hobby Lobby which it provisionally accepts under the to take adequate action to ensure that none agree that severing the provision materially Consumer Product Safety Act in the of the products contained lead containing affects the purpose of the Agreement and Federal Register in accordance with the paint. Order. terms of 16 CFR 1118.20(e). Published Agreement of the Parties Dated: March 3, 2009. below is a provisionally-accepted Steve Green, Settlement Agreement with Dollar 17. Under the CPSA, the Commission has General Corporation, containing a civil jurisdiction over this matter and over Hobby President, Hobby Lobby Stores, Inc., 7707 Lobby. SW. 44th Street, Oklahoma City, OK 73179. penalty of $100,000.00. 18. The parties enter into the Agreement Dated: March 3, 2009. DATES: Any interested person may ask for settlement purposes only. The Agreement the Commission not to accept this Peter M. Dobelbower, does not constitute an admission by Hobby Vice President & General Counsel, Hobby agreement or otherwise comment on its Lobby, or a determination by the Lobby Stores, Inc. U.S. Consumer Product contents by filing a written request with Commission, that Hobby Lobby has Safety Commission Staff. the Office of the Secretary by August 18, knowingly violated the CPSA. 2009. 19. In settlement of the Staff’s allegations, Cheryl A. Falvey, Hobby Lobby shall pay a civil penalty in the General Counsel, Office of the General ADDRESSES: Persons wishing to amount of fifty thousand dollars ($50,000.00) Counsel. comment on this Settlement Agreement within twenty (20) calendar days of service Ronald G. Yelenik, should send written comments to the of the Commission’s final Order accepting Assistant General Counsel, Office of the Comment 09–C0029, Office of the the Agreement. This payment shall be made General Counsel. Secretary, Consumer Product Safety by check payable to the order of the United Dated: March 6, 2009. Commission, 4330 East West Highway, States Treasury. Room 502, Bethesda, Maryland 20814– 20. Upon the Commission’s provisional M. Reza Malihi, acceptance of the Agreement, the Agreement Trial Attorney, Division of Compliance, 4408. shall be placed in the public record and Office of the General Counsel. FOR FURTHER INFORMATION CONTACT: Neal published in the Federal Register in Order S. Cohen, Trial Attorney, Division of accordance with the procedures set forth in Upon consideration of the Settlement Compliance, Office of the General 16 CFR 1118.20(e). In accordance with 16 Agreement entered into between Hobby Counsel, Consumer Product Safety CFR 1118.20(f), if the Commission does not Lobby Stores, Inc. (‘‘Hobby Lobby’’) and the Commission, 4330 East West Highway, receive any written request not to accept the U.S. Consumer Product Safety Commission Bethesda, Maryland 20814–4408; Agreement within fifteen (15) days, the (‘‘Commission’’) staff, and the Commission Agreement shall be deemed finally accepted telephone (301) 504–7504 or M. Reza having jurisdiction over the subject matter on the sixteenth (16th) day after the date it Malihi, Trial Attorney, (same address); and over Hobby Lobby, and it appearing that is published in the Federal Register. telephone (301) 504–7733. the Settlement Agreement and Order are in 21. Upon the Commission’s final the public interest, it is SUPPLEMENTARY INFORMATION: The text of acceptance of the Agreement and issuance of ORDERED, that the Settlement Agreement the Agreement and Order appears the final Order, Hobby Lobby knowingly, be, and hereby is, accepted; and it is below. voluntarily, and completely waives any FURTHER ORDERED, that Hobby Lobby rights it may have in this matter to the Dated: July 28, 2009. shall pay a civil penalty in the amount of following: (1) An administrative or judicial Todd A. Stevenson, fifty thousand dollars ($50,000.00) within hearing; (2) judicial review or other challenge twenty (20) calendar days of service of the Secretary. or contest of the validity of the Commission’s Commission’s final Order accepting the Order or actions; (3) a determination by the In the Matter of Dollar General Corporation; Agreement. The payment shall be made by Commission of whether Hobby Lobby failed Settlement Agreement check payable to the order of the United to comply with the CPSA and its underlying States Treasury. Upon the failure of Hobby 1. In accordance with 16 CFR 1118.20, regulations; (4) a statement of findings of fact Lobby to make any of the foregoing payments Dollar General Corporation (‘‘DGC’’), for itself and conclusions of law; and (5) any claims when due, interest on the unpaid amount and on behalf of its wholly owned under the Equal Access to Justice Act. shall accrue and be paid by Hobby Lobby at subsidiaries referenced in paragraph three 22. The Commission may publicize the the Federal legal rate of interest set forth at (collectively referred to as ‘‘Dollar General’’), terms of the Agreement and Order. 28 U.S.C. 1961(a) and (b). and the staff (‘‘Staff’’) of the United States 23. The Agreement and Order shall apply Consumer Product Safety Commission to, and be binding upon, Hobby Lobby and Provisionally accepted and provisional (‘‘CPSC’’ or the ‘‘Commission’’) enter into each of its successors and assigns. Order issued on the 8th day of July, 2009. this Settlement Agreement (‘‘Agreement’’). 24. The Commission issues the Order By Order of the Commission. The Agreement and the incorporated under the provisions of the CPSA, and Todd A. Stevenson, attached Order (‘‘Order’’) settle the Staff’s violation of the Order may subject Hobby Secretary, U.S. Consumer Product Safety allegations set forth below. Lobby and those designated in paragraph 23 Commission. above to appropriate legal action. Parties 25. The Agreement may be used in [FR Doc. E9–18516 Filed 7–31–09; 8:45 am] 2. The Commission is an independent interpreting the Order. Understandings, BILLING CODE 6355–01–P federal regulatory agency established

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pursuant to, and responsible for the Lead-Containing Paint and Certain Consumer exceeds the permissible limit of 0.06 percent enforcement of, the Consumer Product Safety Products Bearing Lead-Containing Paint, 16 of the weight of the total nonvolatile content Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). CFR Part 1303 (the ‘‘Ban’’). Under the Ban, of the paint or the weight of the dried paint 3. DGC is a corporation organized and toys and other children’s articles must not film. existing under the laws of Tennessee, with its bear ‘‘lead-containing paint,’’ defined as 15. Between March 2005 and October 2007, principal offices located in Goodlettsville, paint or other surface coating materials Dollar General sold, manufactured for sale, Tennessee. At all times relevant hereto, the whose lead content is more than 0.06 percent offered for sale, distributed in commerce, or following wholly owned subsidiaries of DGC of the weight of the total nonvolatile content imported into the United States, or caused had principal offices located in of the paint or the weight of the dried paint one or more of such acts, with respect to the Goodlettsville, Tennessee. Dollar General film. 16 CFR 1303.2(b)(1) aforesaid banned hazardous Tumblers, Merchandising, Inc. (‘‘DGMI’’), a corporation, 9. On September 28, 2007, the Staff Sunglasses and Toy Cars, in violation of and DG Retail, LLC, a limited liability obtained from the University of Ashland’s section 19(a)(1) of the CPSA, 15 U.S.C. company, were entities organized and Department of Chemistry laboratory results 2068(a)(1). Dollar General committed these existing under the laws of Tennessee. relating to, in pertinent part, testing for the prohibited acts ‘‘knowingly,’’ as that term is Dolgencorp, Inc. (‘‘Dolgencorp,’’) Dolgencorp presence of lead in surface paints on samples defined in section 20(d) of the CPSA, 15 of Texas, Inc., and Dolgencorp of New York, of the Tumblers collected from a DGC retail U.S.C. 2069(d). Inc. were corporations, and Dollar General store in Ashland, Ohio. The University’s test 16. Pursuant to section 20 of the CPSA, 15 Partners was a partnership, organized and results demonstrated that paint from the U.S.C. 2069, Dollar General is subject to civil existing under the laws of Kentucky. (DG center of the eye on certain Tumbler samples penalties for the aforementioned violations. Retail LLC, Dolgencorp, Dolgencorp of Texas, contained a total lead content in excess of the Inc., Dolgencorp of New York, Inc., and permissible 0.06 percent limit set forth in the Dollar General’s Responsive Allegations Dollar General Partners, are collectively Ban. 17. Dollar General denies that it knowingly referred to as the ‘‘Retail Subsidiaries.’’) At 10. On October 12, 2007, Dollar General violated the CPSA. all times relevant hereto, Dollar General reported to CPSC that it had commissioned 18. Dollar General states that the vendors imported and/or sold toys and other an independent laboratory to conduct of the Tumblers, Sunglasses and Toy Cars children’s products, among other general validation testing for the presence of lead in each represented and warranted to Dollar merchandise. surface coatings on a sample of the General that the products furnished by the Sunglasses. As expressed in a test report of applicable vendor complied with all Staff Allegations the same date, the test results demonstrated applicable laws, regulations and standards. 4. During September 2007, DGMI imported that the yellow surface coating and gold Additionally, prior to importing the into the United States about 63,000 units of surface coating (printing on sample) Tumblers, Sunglasses and Toy Cars, Dollar green, plastic Frankenstein head-shaped contained a total lead content in excess of the General had the products tested by a Tumblers (‘‘Tumbler(s)’’). The Tumblers permissible 0.06 percent limit set forth in the qualified independent third party laboratory were, in turn, offered for sale or sold to Ban. for all applicable safety standards, including, consumers at retail stores nationwide owned 11. On November 6, 2007, Dollar General without limitation, lead paint standards. The or operated by DGC or one of its Retail reported to CPSC that it had commissioned tests indicated that the products were fully Subsidiaries in September 2007 for about $1 an independent laboratory to conduct testing compliant. per unit. for the presence of lead in surface coatings 19. Thus, Dollar General neither knew, nor 5. Between April 2007 and July 2007, on multiple samples of the Toy Cars. As should have known, of any potential DGMI imported about 380,000 Pull-Back expressed in two test reports dated November problems with these products. However, as a Action Toy Cars, comprising two styles that 5, 2007, the test results demonstrated that result of industry changes and in an included a four pack of ‘‘Super Wheels’’ samples of the ‘‘4-pack’’ and ‘‘2-pack’’ Toy abundance of caution, Dollar General (UPC #400016576344) and a two pack of Cars contained a total lead content in excess voluntarily commenced validation re-testing ‘‘Super Racer’’ cars (UPC #883788965002) of the permissible 0.06 percent limit set forth of toys to confirm initial test results. Dollar (‘‘Toy Car(s)’’). The Toy Cars were, in turn, in the Ban. General tested hundreds of samples and, of offered for sale or sold to consumers at retail 12. On October 4, 2007, the Commission those, discovered that two, the Sunglasses stores nationwide owned or operated by DGC and DGMI announced a consumer-level and Toy Cars, did not meet applicable or one of its Retail Subsidiaries from April recall of about 63,000 units of the Tumblers standards. Dollar General notified the CPSC 2007 through October 2007 for about $1 per because ‘‘Surface paint on the center of the of the results and promptly initiated a pack. eyes of some of the cups can contain high voluntary recall of the items. 6. Between March 2005 and October 2007, levels of lead, violating the federal lead paint Dolgencorp imported about 51,000 Children’s standard.’’ On November 7, 2007, the Agreement of the Parties Sunglasses, yellow in color, with the word Commission and DGMI announced a recall of 20. Under the CPSA, the Commission has ‘‘CHINA’’ printed on the left side of the about 380,000 units of the Toy Cars because jurisdiction over this matter and over Dollar frame, and the UPC #400007860896 and ‘‘Surface paint on the cars contains excessive General. words ‘‘Fashion Sunglasses’’ and ‘‘Time to levels of lead, violating the federal lead paint 21. The parties enter into the Agreement Play Every Day’’ printed on the product’s red standard.’’ On the next day, November 8, for settlement purposes only. The Agreement hangtag (‘‘Sunglasses’’). The Sunglasses 2007, the Commission and Dolgencorp does not constitute an admission by Dollar were, in turn, offered for sale or sold to likewise announced a recall of about 51,000 General, or a determination by the consumers at retail stores nationwide owned units of the Sunglasses because ‘‘The yellow Commission, that Dollar General has or operated by DGC or one of its Retail surface paint on the sunglasses may contain knowingly violated the CPSA. Subsidiaries from March 2005 through excessive levels of lead, violating the federal 22. In settlement of the Staff’s allegations, October 2007 for about $1 per unit. lead paint standard.’’ DGC shall pay, on behalf of Dollar General, 7. The Tumblers, Toy Cars and Sunglasses 13. Although Dollar General reported no a civil penalty in the amount of one hundred are ‘‘consumer product(s),’’ and, at all times incidents or injuries associated with the thousand dollars ($100,000.00) within twenty relevant hereto, Dollar General was a Tumblers, Sunglasses and Toy Cars, it failed (20) calendar days of service of the ‘‘manufacturer’’ and/or a ‘‘retailer’’ of those to take adequate action to ensure that none Commission’s final Order accepting the consumer product(s), which were would bear or contain lead-containing paint, Agreement. This payment shall be made by ‘‘distributed in commerce,’’ as those terms thereby creating a risk of lead poisoning and check payable to the order of the United are defined in CPSA sections 3(a)(3), (5), (8), adverse health effects to children. States Treasury. (11), and (13), 15 U.S.C. 2052(a)(3), (5), (8), 14. The Tumblers, Sunglasses and Toy Cars 23. Upon the Commission’s provisional (11), and (13). constitute ‘‘banned hazardous products’’ acceptance of the Agreement, the Agreement 8. The Tumblers, Toy Cars and Sunglasses under CPSA section 8 and the Ban, 15 U.S.C. shall be placed on the public record and are articles intended to be entrusted to or for 2057 and 16 CFR 1303.1(a)(1), 1303.4(b), in published in the Federal Register in use by children, and, therefore, are subject to that they bear or contain paint or other accordance with the procedures set forth in the requirements of the Commission’s Ban of surface coating materials whose lead content 16 CFR 1118.20(e). In accordance with 16

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CFR 1118.20(f), if the Commission does not Neal S. Cohen, DATES: Any interested person may ask receive any written request not to accept the Trial Attorney, Division of Compliance, the Commission not to accept this Agreement within fifteen (15) days, the Office of the General Counsel. agreement or otherwise comment on its Agreement shall be deemed finally accepted By: lllllllllllllllllll contents by filing a written request with on the sixteenth (16th) day after the date it M. Reza Malihi, is published in the Federal Register. the Office of the Secretary by August 18, Trial Attorney, Division of Compliance, 2009. 24. Upon the Commission’s final Office of the General Counsel. acceptance of the Agreement and issuance of ADDRESSES: Persons wishing to the final Order, Dollar General knowingly, In the Matter of Dollar General Corporation; voluntarily, and completely waives any Order comment on this Settlement Agreement should send written comments to the rights it may have in this matter to the Upon consideration of the Settlement following: (1) An administrative or judicial Agreement entered into between Dollar Comment 09–C0030, Office of the hearing; (2) judicial review or other challenge General Corporation (‘‘DGC’’), for itself and Secretary, Consumer Product Safety or contest of the validity of the Commission’s on behalf of its wholly owned subsidiaries, Commission, 4330 East West Highway, Order or actions; (3) a determination by the Dollar General Merchandising, Inc., DG Room 502, Bethesda, Maryland 20814– Commission of whether Dollar General failed Retail, LLC, Dolgencorp, Inc., Dolgencorp of 4408. to comply with the CPSA and its underlying Texas, Inc., Dolgencorp of New York, Inc., regulations; (4) a statement of findings of fact and Dollar General Partners (collectively FOR FURTHER INFORMATION CONTACT: Seth and conclusions of law; and (5) any claims referred to as ‘‘Dollar General’’), and the U.S. B. Popkin, Lead Trial Attorney, Division under the Equal Access to Justice Act. Consumer Product Safety Commission of Compliance, Office of the General 25. The Commission may publicize the (‘‘Commission’’) staff, and the Commission Counsel, Consumer Product Safety terms of the Agreement and Order. having jurisdiction over the subject matter Commission, 4330 East West Highway, 26. The Agreement and Order shall apply and over Dollar General, and it appearing Bethesda, Maryland 20814–4408; to, and be binding upon, Dollar General and that the Settlement Agreement and Order are each of its successors and assigns. in the public interest, it is telephone (301) 504–7612. 27. The Commission issues the Order Ordered, that the Settlement Agreement be, SUPPLEMENTARY INFORMATION: The text of under the provisions of the CPSA, and and hereby is, accepted; and it is the Agreement and Order appears violation of the Order may subject those Further ordered, that DGC shall pay, on referenced in paragraph 26 above to behalf of Dollar General, a civil penalty in the below. appropriate legal action. amount of one hundred thousand dollars Dated: July 29, 2009. 28. The Agreement may be used in ($100,000.00) within twenty (20) calendar Todd A. Stevenson, interpreting the Order. Understandings, days of service of the Commission’s final Secretary. agreements, representations, or Order accepting the Agreement. The payment interpretations apart from those contained in shall be made by check payable to the order United States of America—Consumer the Agreement and Order may not be used to of the United States Treasury. Product Safety Commission vary or contradict its terms. The Agreement Upon the failure of DGC to make any of the In the Matter of Haier America Trading, shall not be waived, amended, modified, or foregoing payments when due, interest on the LLC, CPSC Docket No. 09–C0030. otherwise altered, without written agreement unpaid amount shall accrue and be paid by thereto executed by the party against whom DGC at the federal legal rate of interest set Settlement Agreement such waiver, amendment, modification, or forth at 28 U.S.C. 1961(a) and (b). 1. In accordance with 16 CFR 1118.20, alteration is sought to be enforced. Provisionally accepted and provisional Haier America Trading, LLC (‘‘Haier 29. If any provision of the Agreement and Order issued on the 8th day of July 2009. America’’) and the staff (‘‘Staff’’) of the Order is held to be illegal, invalid, or United States Consumer Product Safety unenforceable under present or future laws BY ORDER OF THE COMMISSION: Commission (‘‘Commission’’) enter into this effective during the terms of the Agreement lllllllllllllllllllll Settlement Agreement (‘‘Agreement’’). The and Order, such provision shall be fully Todd A. Stevenson, Agreement and the incorporated attached severable. The balance of the Agreement and Secretary, U.S. Consumer Product Safety Order (‘‘Order’’) settle the Staff’s allegations Order shall remain in full force and effect, Commission. set forth below. unless the Commission and Dollar General [FR Doc. E9–18508 Filed 7–31–09; 8:45 am] agree that severing the provision materially BILLING CODE 6355–01–P Parties affects the purpose of the Agreement and 2. The Commission is an independent Order. Federal regulatory agency established DOLLAR GENERAL CORPORATION CONSUMER PRODUCT SAFETY pursuant to, and responsible for the Dated: June 24, 2009. COMMISSION enforcement of, the Consumer Product Safety By: lllllllllllllllllll Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). [CPSC Docket No. 09–C0030] Susan S. Lanigan, 3. Haier America is a limited liability Executive Vice President and General company organized and existing under the Haier America Trading, LLC, laws of New York, with its principal offices Counsel, Dollar General Corporation, 100 Provisional Acceptance of a Mission Ridge, Goodlettsville, TN 37072. located in New York, New York. At all times Settlement Agreement and Order relevant hereto, Haier America sold lllllllllll Dated: June 24, 2009. appliances. By: lllllllllllllllllll AGENCY: Consumer Product Safety Staff Allegations Robert R. Stephenson, Commission. Deputy General Counsel, ACTION: Notice. 4. From on or about January to July 2004, Dollar General Corporation. Haier America distributed in commerce, U.S. CONSUMER PRODUCT SAFETY SUMMARY: It is the policy of the including through importation and sale to COMMISSION STAFF Commission to publish settlements retailers, multiple units of the Haier America which it provisionally accepts under the Oscillating Tower Fan model FTM140GG Cheryl A. Falvey, (‘‘Fan’’). General Counsel, Office of the General Consumer Product Safety Act in the Federal Register in accordance with the 5. The Fans are ‘‘consumer product[s],’’ Counsel. and, at all times relevant hereto, Haier Ronald G. Yelenik, terms of 16 CFR 1118.20(e). Published America was a ‘‘manufacturer’’ of those Assistant General Counsel, Office of the below is a provisionally accepted consumer products, which were ‘‘distributed General Counsel. Settlement Agreement with Haier in commerce,’’ as those terms are defined in Dated: June 25, 2009. lllllllllll America Trading, LLC, containing a CPSA sections 3(a)(5), (8), and (11), 15 U.S.C. By: lllllllllllllllllll civil penalty of $587,500.00. 2052(a)(5), (8), and (11).

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6. From May to October 2004, Haier resolved and agrees not to bring a civil and the Order, such provision shall be fully America received 14 reports of Fan incidents, penalty action against Haier America based severable. The balance of the Agreement and some of which involved fires and injuries. upon the Staff’s allegations set forth in the Order shall remain in full force and 7. From May to October 2004, Haier paragraphs 4–12 above regarding the Fan. effect, unless the Commission and Haier America obtained information about the Fans 16. In settlement of the Staff’s allegations, America agree that severing the provision through investigation, testing, and analysis. Haier America shall pay a civil penalty in the materially affects the purpose of the 8. The incident reports and other amount of five hundred eighty-seven Agreement and the Order. information that Haier America received thousand five hundred dollars ($587,500.00) Haier America Trading, LLC. about the Fans raised defect and hazard within twenty (20) calendar days of service concerns for Haier America. of the Commission’s final Order accepting Dated: lllllllllllllllll 9. On November 22, 2005, Haier America the Agreement. The payment shall be by By: lllllllllllllllllll and the Commission announced a recall of check payable to the order of the United Michael Jemal, the Fans. As indicated in part in the recall States Treasury. President and CEO, Haier America Trading, Press Release, the defect and hazard involved 17. Upon provisional acceptance of the LLC, 1356 Broadway, New York, N.Y. 10018. repeated bending of the Fan wires from the Agreement, the Agreement shall be placed on Dated: 6/1/09. base to the tower during oscillation, which the public record and published in the lllllllllllllllllll caused the wires to break and arc, resulting Federal Register in accordance with the By: in a fire hazard. procedures set forth in 16 CFR 1118.20(e). In Eric A. Rubel, Esq., 10. By no later than July 1, 2004, Haier accordance with 16 CFR 1118.20(f), if the Arnold & Porter LLP, 555 12th Street, NW., America had obtained information that Commission does not receive any written Washington, DC 20004–1206, Counsel for reasonably supported the conclusion that the request not to accept the Agreement within Haier America Trading LLC. Fans contained a defect that could create a fifteen (15) calendar days, the Agreement U.S. CONSUMER PRODUCT SAFETY substantial product hazard or that they shall be deemed finally accepted on the COMMISSION STAFF created an unreasonable risk of serious injury sixteenth (16th) calendar day after the date it Cheryl A. Falvey, or death. CPSA sections 15(b)(3) and (4), 15 is published in the Federal Register. General Counsel. U.S.C. 2064(b)(3) and (4), required Haier 18. Upon the Commission’s final America to immediately inform the acceptance of the Agreement and issuance of Ronald G. Yelenik, Commission of the Fans’ defect and risk. the final Order, Haier America knowingly, Assistant General Counsel, Office of the 11. Haier America did not report to the voluntarily, and completely waives any General Counsel. Commission regarding the Fans until rights it may have in this matter to the Dated: 6/19/09. December 22, 2004, after the Commission following: (1) An administrative or judicial By: lllllllllllllllllll staff requested that Haier America report. In hearing; (2) judicial review or other challenge Seth B. Popkin, addition, at the time that it reported, Haier or contest of the validity of the Order or of Lead Trial Attorney, Division of Compliance, America failed to furnish all required the Commission’s actions; (3) a Office of the General Counsel. information. Haier America thereby failed to determination by the Commission of whether immediately and adequately inform the Haier America failed to comply with the United States of America—Consumer Commission about the Fans’ defect and risk CPSA and its underlying regulations; (4) a Product Safety Commission as required by CPSA sections 15(b)(3) and statement of findings of fact and conclusions In the Matter of Haier America Trading, (4), 15 U.S.C. 2064(b)(3) and (4). This failure of law; and (5) any claims under the Equal LLC, CPSC Docket No. 09–C0030. constituted a prohibited act under CPSA Access to Justice Act. section 19(a)(4), 15 U.S.C. 2068(a)(4). 19. The Commission may publicize the Order 12. Haier America knowingly committed terms of the Agreement and the Order. Upon consideration of the Settlement this prohibited act, as the term ‘‘knowingly’’ 20. The Agreement and the Order shall Agreement entered into between Haier is defined in CPSA section 20(d), 15 U.S.C. apply to, and be binding upon, Haier America Trading, LLC (‘‘Haier America’’) and 2069(d). Pursuant to CPSA section 20, 15 America and each of its successors and the U.S. Consumer Product Safety U.S.C. 2069, Haier America’s prohibited act assigns. Commission (‘‘Commission’’) staff, and the subjected it to civil penalties. 21. The Commission issues the Order Commission having jurisdiction over the under the provisions of the CPSA, and Haier America Response subject matter and over Haier America, and violation of the Order may subject those it appearing that the Settlement Agreement 13. Haier America denies the Staff’s persons or entities referenced in the and the Order are in the public interest, it is allegations set forth in paragraphs 4–12 preceding paragraph to appropriate legal Ordered, that the Settlement Agreement be, above, including, but not limited to, any action. and hereby is, accepted; and it is allegation that Haier America failed timely to 22. The Agreement may be used in Further ordered, that Haier America shall notify the Commission in accordance with interpreting the Order. Understandings, pay a civil penalty in the amount of five section 15 of the CPSA. agreements, representations, or hundred eighty-seven thousand five hundred interpretations apart from those contained in Agreement of the Parties dollars ($587,500.00) within twenty (20) the Agreement and the Order may not be calendar days of service of the Commission’s 14. Under the CPSA, the Commission has used to vary or contradict their terms. The jurisdiction over this matter and over Haier Agreement shall not be waived, amended, final Order accepting the Agreement. The America. modified, or otherwise altered without payment shall be made by check payable to 15. The parties enter into the Agreement written agreement thereto executed by the the order of the United States Treasury. Upon for settlement purposes only. The Agreement party against whom such waiver, the failure of Haier America to make the does not constitute an admission by Haier amendment, modification, or alteration is foregoing payment when due, interest on the America, or a determination by the sought to be enforced. unpaid amount shall accrue and be paid by Commission, that Haier America knowingly 23. If any provision of the Agreement and Haier America at the Federal legal rate of violated the CPSA. Upon issuance of, and the Order is held to be illegal, invalid, or interest set forth at 28 U.S.C. 1961(a) and (b). Haier America’s compliance with, the final unenforceable under present or future laws Provisionally accepted and provisional Order, the Commission regards this matter as effective during the terms of the Agreement Order issued on the 28th day of July, 2009.

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By Order of the Commission: Commission (‘‘CPSC’’ or the ‘‘Commission’’) contains high levels of lead. Lead is toxic if lllllllllllllllllllll enter into this Settlement Agreement ingested by young children and can cause Todd A. Stevenson, (‘‘Agreement’’). The Agreement and the adverse health effects.’’ Secretary, U.S. Consumer Product Safety incorporated attached Order (‘‘Order’’) settle 10. Although Cardinal reported no Commission. the Staff’s allegations set forth below. incidents or injuries associated with the Necklaces and Bracelets, it failed to take [FR Doc. E9–18506 Filed 7–31–09; 8:45 am] Parties adequate action to ensure that none would BILLING CODE 6355–01–P 2. The Commission is an independent bear or contain lead-containing paint, thereby Federal regulatory agency established creating a risk of lead poisoning and adverse pursuant to, and responsible for the health effects to children. CONSUMER PRODUCT SAFETY enforcement of, the Consumer Product Safety 11. The Necklaces and Bracelets constitute COMMISSION Act, 15 U.S.C. 2051—2089 (‘‘CPSA’’). ‘‘banned hazardous products’’ under CPSA 3. Cardinal is a corporation organized and section 8 and the Ban, 15 U.S.C. 2057 and 16 [CPSC Docket No. 09–C0028] existing under the laws of Maryland, with its CFR 1303.1(a)(1), 1303.4(b), in that they bear principal offices located in Baltimore, or contain paint or other surface coating Cardinal Distributing Company, Inc., Maryland. At all times relevant hereto, materials whose lead content exceeds the Provisional Acceptance of a Cardinal imported and/or sold toy jewelry. permissible limit of 0.06 percent of the Settlement Agreement and Order Staff Allegations weight of the total nonvolatile content of the paint or the weight of the dried paint film. AGENCY: Consumer Product Safety 4. Between November 2005 and April 12. Between November 2005 and April Commission. 2007, Cardinal imported into the United 2007, Cardinal sold, manufactured for sale, ACTION: Notice. States about 900,000 units of toy jewelry, offered for sale, distributed in commerce, or consisting of Children’s ‘‘Sportswear’’ imported into the United States, or caused SUMMARY: It is the policy of the Necklaces, Item # 8261 (‘‘Necklace(s)’’), and one or more of such acts, with respect to the Commission to publish settlements Children’s Charm Bracelets, Item # INK705 aforesaid banned hazardous Necklaces and which it provisionally accepts under the (‘‘Bracelet(s)’’). Cardinal offered for sale or Bracelets, in violation of section 19(a)(1) of Consumer Product Safety Act in the sold most of the subject products through the CPSA, 15 U.S.C. 2068(a)(1). Cardinal Federal Register in accordance with the vending machines located in malls, discount, committed these prohibited acts department and grocery stores nationwide ‘‘knowingly,’’ as that term is defined in terms of 16 CFR 1118.20(e). Published from January 2006 through April 2007 for below is a provisionally accepted section 20(d) of the CPSA, 15 U.S.C. 2069(d). $0.25 per unit. 13. Pursuant to section 20 of the CPSA, 15 Settlement Agreement with Cardinal 5. The Necklaces and Bracelets are U.S.C. 2069, Cardinal is subject to civil Distributing Company, Inc., containing a ‘‘consumer product(s),’’ and, at all times penalties for the aforementioned violations. civil penalty of $100,000.00. relevant hereto, Cardinal was a Cardinal Response DATES: Any interested person may ask ‘‘manufacturer’’ and/or a ‘‘retailer’’ of those the Commission not to accept this consumer product(s), which were 14. Cardinal denies the Staff’s allegations agreement or otherwise comment on its ‘‘distributed in commerce,’’ as those terms set forth above that Cardinal knowingly are defined in CPSA sections 3(a)(3), (5), (8), violated the CPSA. contents by filing a written request with (11), and (13), 15 U.S.C. 2052(a)(3), (5), (8), the Office of the Secretary by August 18, (11), and (13). Agreement of the Parties 2009. 6. The Necklaces and Bracelets are articles 15. Under the CPSA, the Commission has ADDRESSES: Persons wishing to intended to be entrusted to or for use by jurisdiction over this matter and over comment on this Settlement Agreement children, and, therefore, are subject to the Cardinal. should send written comments to the requirements of the Commission’s Ban of 16. The parties enter into the Agreement Comment 09–C0028, Office of the Lead-Containing Paint and Certain Consumer for settlement purposes only. The Agreement Products Bearing Lead-Containing Paint, 16 does not constitute an admission by Cardinal, Secretary, Consumer Product Safety CFR part 1303 (the ‘‘Ban’’). Under the Ban, or a determination by the Commission, that Commission, 4330 East West Highway, toys and other children’s articles must not Cardinal has knowingly violated the CPSA. Room 502, Bethesda, Maryland 20814– bear ‘‘lead-containing paint,’’ defined as 17. In settlement of the Staff’s allegations, 4408. paint or other surface coating materials Cardinal shall pay a civil penalty in the FOR FURTHER INFORMATION CONTACT: M. whose lead content is more than 0.06 percent amount of one hundred thousand dollars Reza Malihi, Trial Attorney, Division of of the weight of the total nonvolatile content ($100,000.00). The civil penalty shall be paid Compliance, Office of the General of the paint or the weight of the dried paint in two (2) installments as follows: $50,000.00 Counsel, Consumer Product Safety film. 16 CFR 1303.2(b)(1) shall be paid within twenty (20) calendar 7. On February 16, 2007, the Staff obtained days of service of the Commission’s final Commission, 4330 East West Highway, samples of the Necklaces from one of Order accepting the Agreement; and Bethesda, Maryland 20814–4408; Cardinal’s customers based in Illinois, which $50,000.00 shall be paid within six (6) telephone (301) 504–7733. subsequently were tested at the CPSC months of service of the Commission’s final SUPPLEMENTARY INFORMATION: The text of Laboratory for the presence of lead. The test Order accepting the Agreement. Each the Agreement and Order appears results demonstrated that the yellow paint on payment shall be made by check payable to below. certain Necklace samples contained a total the order of the United States Treasury. lead content from 0.519 percent to 0.726 18. The CPSC agrees to take no further Dated: July 28, 2009. percent. These levels of lead are in excess of action involving Cardinal with respect to Todd A. Stevenson, the permissible 0.06 percent limit set forth in CPSC Sample Nos. 07–302–0148 and 07– Secretary. the Ban. 302–0149 (Children’s Rings with Dice or 8. Cardinal reported to CPSC on April 10, Horseshoes, Release No. 07–174), and CPSC United States of America—Consumer 2007 that recent testing of the Bracelets by an No. RP070318 (Children’s Turquoise Rings, Product Safety Commission independent laboratory had demonstrated Release No. 07–189). In the Matter of Cardinal Distributing that their surface coating contained a total 19. Upon the Commission’s provisional Company, Inc., CPSC Docket No. 09–C0028. lead content as high as 1.5 percent. These acceptance of the Agreement, the Agreement levels of lead are in excess of the permissible shall be placed on the public record and Settlement Agreement 0.06 percent limit set forth in the Ban. published in the Federal Register in 1. In accordance with 16 CFR 1118.20, 9. On April 17, 2007, the Commission and accordance with the procedures set forth in Cardinal Distributing Company, Inc. Cardinal announced a consumer-level recall 16 CFR 1118.20(e). In accordance with 16 (‘‘Cardinal’’) and the staff (‘‘Staff’’) of the of about 900,000 units of the Necklaces and CFR 1118.20(f), if the Commission does not United States Consumer Product Safety Bracelets because ‘‘The paint on this jewelry receive any written request not to accept the

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Agreement within fifteen (15) days, the Trial Attorney, Division of Compliance, information shall have practical utility; Agreement shall be deemed finally accepted Office of the General Counsel. the accuracy of DoD’s estimate of the on the sixteenth (16th) day after the date it United States of America—Consumer burden of the proposed information is published in the Federal Register. collection; ways to enhance the quality, 20. Upon the Commission’s final Product Safety Commission acceptance of the Agreement and issuance of In the Matter of Cardinal Distributing utility, and clarity of the information to the final Order, Cardinal knowingly, Company, Inc., CPSC Docket No. 09–C0028. be collected; and ways to minimize the voluntarily, and completely waives any burden of the information collection on Order rights it may have in this matter to the respondents, including through the use following: (1) An administrative or judicial Upon consideration of the Settlement of automated collection techniques or hearing; (2) judicial review or other challenge Agreement entered into between Cardinal forms of information technology. or contest of the validity of the Commission’s Distributing Company, Inc. (‘‘Cardinal’’) and DATES: Consideration will be given to all Order or actions; (3) a determination by the the U.S. Consumer Product Safety Commission of whether Cardinal failed to Commission (‘‘Commission’’) staff, and the comments received by October 2, 2009. comply with the CPSA and its underlying Commission having jurisdiction over the ADDRESSES: You may submit comments, regulations; (4) a statement of findings of fact subject matter and over Cardinal, and it identified by docket number and title, and conclusions of law; and (5) any claims appearing that the Settlement Agreement and by any of the following methods: under the Equal Access to Justice Act. Order are in the public interest, it is Federal eRulemaking Portal: http:// 21. The Commission may publicize the ordered, that the Settlement Agreement be, www.regulations.gov. Follow the terms of the Agreement and Order. and hereby is, accepted; and it is instructions for submitting comments. 22. The Agreement and Order shall apply further ordered, that Cardinal shall pay a to, and be binding upon, Cardinal and each civil penalty in the amount of one hundred Mail: Federal Docket Management of its successors and assigns. thousand dollars ($100,000.00). The civil System Office, 1160 Defense Pentagon, 23. The Commission issues the Order penalty shall be paid in two (2) installments Washington, DC 20301–1160. under the provisions of the CPSA, and as follows: $50,000.00 shall be paid within Instructions: All submissions received violation of the Order may subject Cardinal twenty (20) calendar days of service of the must include the agency name, docket to appropriate legal action. Commission’s final Order accepting the number and title for this Federal 24. The Agreement may be used in Agreement; and $50,000.00 shall be paid Register document. The general policy interpreting the Order. Understandings, within six (6) months of service of the for comments and other submissions agreements, representations, or Commission’s final Order accepting the from members of the public is to make interpretations apart from those contained in Agreement. Each payment shall be made by these submissions available for public the Agreement and Order may not be used to check payable to the order of the United vary or contradict its terms. The Agreement States Treasury. Upon the failure of Cardinal viewing on the Internet at http:// shall not be waived, amended, modified, or to make any of the foregoing payments when www.regulations.gov as they are otherwise altered, except in a writing that is due, (i) the entire amount of the civil penalty received without change, including any executed by the party against whom such shall become due and payable, and (ii) personal identifiers or contact waiver, amendment, modification, or interest on the outstanding balance shall information. alteration is sought to be enforced. accrue and be paid by Cardinal at the Federal FOR FURTHER INFORMATION CONTACT: 25. If any provision of the Agreement and legal rate of interest set forth at 28 U.S.C. To Order is held to be illegal, invalid, or 1961(a) and (b). request more information on this unenforceable under present or future laws Provisionally accepted and provisional proposed information collection or to effective during the terms of the Agreement Order issued on the 8th day of July 2009. obtain a copy of the proposal and and Order, such provision shall be fully By Order of the Commission: associated collection instruments, severable. The balance of the Agreement and please write to the Defense Todd A. Stevenson, Order shall remain in full force and effect, Standardization Program Office (DSPO), unless the Commission and Cardinal agree Secretary, U.S. Consumer Product Safety that severing the provision materially affects Commission. Defense Logistics Agency, J–307, the purpose of the Agreement and Order. Attention: Ms. Karen Bond, 8725 John J. [FR Doc. E9–18512 Filed 7–31–09; 8:45 am] CARDINAL DISTRIBUTING COMPANY, Kingman Road, Mail Stop 6233, Fort BILLING CODE 6355–01–P INC. Belvoir, VA 20060–6221, or contact the Dated: 11/13/08. Defense Standardization Program Office (DSPO) at (703) 767–6871. lllllllllllllllllll By: DEPARTMENT OF DEFENSE Title, Associated Forms, and OMB Daniel Paszkiewicz, Number: Acquisition Management President, Cardinal Distributing Company, Office of the Secretary Inc., 6801 Quad Avenue, Baltimore, MD Systems and Data Requirements Control 21237. [Docket ID: DoD–2009–OS–0120] List (AMSDL); Numerous Forms; 0704– Dated: 11/14/08. 0188. By: lllllllllllllllllll Proposed Collection; Comment Needs and Uses: The Acquisition Caroline A. Pilch, Esq., Request Management Systems and Data Yen Pilch Komadina & Flemming, P.C., 6017 Requirements Control List (AMSDL) is a North 15th Street, Phoenix, AZ 85014, AGENCY: Office of the Under Secretary of list of data requirements used in Counsel for Cardinal Distributing Company, Defense for Acquisition, Technology Department of Defense (DoD) contracts. Inc. and Logistics, Department of Defense. The information collected will be used U.S. CONSUMER PRODUCT SAFETY ACTION: Notice. by DoD personnel and other DoD COMMISSION STAFF contractors to support the design, test, Cheryl A. Falvey, In compliance with section manufacture, training, operation, and General Counsel, Office of the General 35006(c)(2)(A) of the Paperwork maintenance of procured items, Counsel. Reduction Act of 1995, the Under including weapons systems critical to Ronald G. Yelenik, Secretary of Defense for Acquisition, the national defense. Assistant General Counsel, Division of Technology, and Logistics announces Affected Public: Business or Other Compliance, Office of the General Counsel. the proposed extension of a public For-Profit; Not-For-Profit Institutions. Dated: 4/14/09. information collection for the proper Annual Burden Hours: 26,915,328. By: lllllllllllllllllll performance of the functions of the Number of Respondents: 944. M. Reza Malihi, agency, including whether the Responses per Respondent: 432.

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Average Burden per Response: 66 Needs and Uses: This information Assistant Secretary of Defense for hours. collection requirement is necessary to Health Affairs announces the extension Frequency: On occasion. aid the MEPS in evaluating effectiveness of an existing public information SUPPLEMENTARY INFORMATION: of current policies and core processes, collection and seeks public comment on identifying unmet customer needs, and the provisions thereof. Comments are Summary of Information Collection allocating resources more efficiently. invited on: (a) Whether the proposed The Acquisition Management Systems Affected Public: Individuals or collection of information is necessary and Data Requirements Control List households. for the proper performance of the (AMSDL) is a list of data requirements Frequency: On occasion. functions of the agency, including used in Department of Defense Respondent’s Obligation: Voluntary. whether the information shall have contracts. Information collection OMB Desk Officer: Ms. Jasmeet practical utility; (b) the accuracy of the requests are contained in DoD contract Seehra. agency’s estimate of the burden of the actions for supplies, services, hardware, Written comments and proposed information collection; (c) and software. This information is recommendations on the proposed ways to enhance the quality, utility, and collected and used by DoD and its information collection should be sent to clarity of the information to be component Military Departments and Ms. Seehra at the Office of Management collected; and (d) ways to minimize the Agencies to support the design, test, and Budget, Desk Officer for DoD, Room burden of the information collection on manufacture, training, operation, 10236, New Executive Office Building, respondents, including through the use maintenance, and logistical support of Washington, DC 20503. of automated collection techniques or You may also submit comments, procured items, including weapons other forms of information technology. identified by docket number and title, systems. The collection of such data is DATES: Consideration will be given to all by the following method: essential to accomplishing the assigned • Federal eRulemaking Portal: http:// comments received by October 2, 2009. mission of the Department of Defense. www.regulations.gov. Follow the ADDRESSES: You may submit comments, Failure to collect this information instructions for submitting comments. identified by docket number and or RIN would have a detrimental effect on the Instructions: All submissions received number and title, by any of the DoD acquisition programs and the must include the agency name, docket following methods: National Security. number and title for this Federal Federal eRulemaking Portal: http:// Information used to prepare the Register document. The general policy www.regulations.gov. Follow the burden hours is contained in the for comments and other submissions instructions for submitting comments. ASSIST Online database. from members of the public is to make Mail: Federal Docket Management Dated: July 17, 2009. these submissions available for public System Office, 1160 Defense Pentagon, Patricia L. Toppings, viewing on the Internet at http:// Washington, DC 20301–1160. Instructions: All submissions received www.regulations.gov as they are OSD Federal Register Liaison Officer, must include the agency name and Department of Defense. received without change, including any docket number or Regulatory personal identifiers or contact [FR Doc. E9–18397 Filed 7–31–09; 8:45 am] Information Number (RIN) for this BILLING CODE 5001–06–P information. DoD Clearance Officer: Ms. Patricia Federal Register document. The general Toppings. policy for comments and other DEPARTMENT OF DEFENSE Written requests for copies of the submissions from members of the public information collection proposal should is to make these submissions available Office of the Secretary be sent to Ms. Toppings at WHS/ESD/ for public viewing on the Internet at http://regulations.gov as they are [Docket ID: DoD–2008–OS–0145] Information Management Division, 1777 North Kent Street, RPN, Suite 11000, received without change, including any personal identifiers or contact Submission for OMB Review; Arlington, VA 22209–2133. information. Comment Request Dated: May 22, 2009. FOR FURTHER INFORMATION CONTACT: To Patricia L. Toppings, ACTION: Notice. request information on this proposed OSD Federal Register Liaison Officer, information collection or to obtain a Department of Defense. The Department of Defense has copy of the proposal and associated submitted to OMB for clearance, the [FR Doc. E9–18399 Filed 7–31–09; 8:45 am] collection instruments, please write to following proposal for collection of BILLING CODE 5001–06–P Office of the Assistant Secretary of information under the provisions of the Defense for Health Affairs (OASD), Paperwork Reduction Act (44 U.S.C. DEPARTMENT OF DEFENSE Tricare Operations Division, ATTN: Chapter 35). Colonel Gary Martin, 5111 Leesburg DATES: Consideration will be given to all Office of the Secretary Pike, Falls Church, VA 22041–3206, or comments received by September 2, call TRICARE Operations Division, at 2009. [Docket ID: DoD–2009–HA–0121] 703–681–0947. Title, Form, and OMB Number: Title; Associated Form; and OMB Proposed Collection; Comment USMEPCOM MEPS Customer Number: Department of Defense Active Request Satisfaction Survey, OMB Control Duty/Reserve Forces Dental Number 0704–TBD. AGENCY: Office of the Assistant Examination; DD Form 2813; OMB Type of Request: New. Secretary of Defense for Health Affairs, Number 0720–0222. Number of Respondents: 60,000. DoD. Needs and Uses: The information Responses per Respondent: 1. ACTION: Notice. collection requirement is necessary to Annual Responses: 60,000. obtain and record the dental health Average Burden per Response: 10 In compliance with Section status of members of the Armed Forces. minutes. 3506(c)(2)(A) of the Paperwork This form is the means for civilian Annual Burden Hours: 10,000. Reduction Act of 1995, the Office of the dentists to record the results of their

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findings and provide the information to DATES: Consideration will be given to all DEPARTMENT OF DEFENSE the member’s military organization. The comments received by September 2, military organizations are required by 2009. Office of the Secretary Department of Defense policy to track Title and OMB Number: Public [Docket No. DoD–2009–HA–0012] the dental status of its members. Perceptions of Military Health Care Affected Public: Business or other System; OMB Control Number 0720– Submission for OMB Review; profit; Not-for-profit institutions. 0038. Comment Request Annual Burden Hours: 42,500. Number of Respondents: 850,000. Type of Request: Extension. ACTION: Notice. Responses per Respondent: 1. Number of Respondents: 1,000. Average Burden per Response: 3 Responses per Respondent: 1. The Department of Defense has minutes. submitted to OMB for clearance, the Frequency: Annually. Annual Responses: 1,000. following proposal for collection of SUPPLEMENTARY INFORMATION: Average Burden per Response: 8 information under the provisions of the minutes. Paperwork Reduction Act (44 U.S.C. Summary of Information Collection Annual Burden Hours: 133. Chapter 35). Respondents are medical Needs and Uses: The goal of this DATES: Consideration will be given to all professionals who provide dental comments received by September 2, services to the general public. Members survey effort is to determine the public’s perceptions of Military Health Care and 2009. of the Armed Forces of the United States Title and OMB Number: TRICARE are the recipients of the dental compare and contrast that with their perceptions of U.S. Health Care. Dental Program (TDP) Dentist’s Claim examination. The Armed Forces Reserve Form DD 5578 G 9/05 and TRICARE component members must maintain Affected Public: Individuals or Dental Program Dentist’s Claim Form their dental health at a predetermined households. DD 5678 F 10/05 OCONUS; OMB No. level so problems do not occur when Frequency: Annually. 0720–0035. they are deployed to a military Respondent’s Obligation: Voluntary. Type of Request: Extension. operation. Reserve component members Number of Respondents: 64,930. OMB Desk Officer: Mr. John Kraemer. usually receive their dental care from Responses per Respondent: 62. civilian dentists; therefore it would be Written comments and Annual Responses: 4,025,660. civilian dentists who would complete recommendations on the proposed Average Burden per Response: 15 the form. Following a routine dental information collection should be sent to minutes. examination, the dentist would review Mr. Kraemer at the Office of Annual Burden Hours: 1,006,415. the categories listed on the form and Management and Budget, Desk Officer Needs and Uses: The TDP Claim circle the number corresponding to the for DoD, Room 10236, New Executive Form(s) CONUS/OCONUS are required condition that best describes the dental Office Building, Washington, DC 20503. to gather information to make payment health of the patient. If dental problems You may also submit comments, for legitimate dental claims and to assist can be identified, they are indicated on identified by docket number and title, in contractor surveillance and program the form. Once the form is complete and by the following method: integrity investigations and to audit the dentist signs it, the members take • Federal eRulemaking Portal: http:// financial transactions where the the form back to the organization to www.regulations.gov. Follow the Department of Defense has a financial which they belong. The information on instructions for submitting comments. stake. The information from the claim the form is logged into a databse. The form is also used to provide important form is kept in the health record until Instructions: All submissions received cost-share explanations to the no longer needed and then it is must include the agency name, docket beneficiary. destroyed. number and title for this Federal Affected Public: Business or other-for- Register document. The general policy Dated: July 17, 2009. profit. for comments and other submissions Frequency: On occasion. Patricia L. Toppings, from members of the public is to make Respondent’s Obligation: Required to OSD Federal Register Liaison Officer, these submissions available for public obtain or retain benefits. Department of Defense. viewing on the Internet at http:// OMB Desk Officer: Mr. John Kraemer. [FR Doc. E9–18400 Filed 7–31–09; 8:45 am] www.regulations.gov as they are Written comments and BILLING CODE 5001–06–P received without change, including any recommendations on the proposed personal identifiers or contact information collection should be sent to information. Mr. Kraemer at the Office of DEPARTMENT OF DEFENSE DoD Clearance Officer: Ms. Patricia Management and Budget, Desk Officer Office of the Secretary Toppings. for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. [Docket No. DoD–2009–HA–0013] Written requests for copies of the information collection proposal should You may also submit comments, identified by docket number and title, Submission for OMB Review; be sent to Ms. Toppings at WHS/ESD/ by the following method: Comment Request Information Management Division, 1777 • North Kent Street, RPN, Suite 11000, Federal eRulemaking Portal: http:// ACTION: Notice. Arlington, VA 22209–2133. www.regulations.gov. Follow the instructions for submitting comments. The Department of Defense has Dated: July 24, 2009. Instructions: All submissions received submitted to OMB for clearance, the Patricia L. Toppings, must include the agency name, docket following proposal for collection of OSD Federal Register Liaison Officer, number and title for this Federal information under the provisions of the Department of Defense. Register document. The general policy Paperwork Reduction Act (44 U.S.C. [FR Doc. E9–18402 Filed 7–31–09; 8:45 am] for comments and other submissions Chapter 35). BILLING CODE 5001–06–P from members of the public is to make

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these submissions available for public Respondent’s Obligation: Required to practical utility; (b) the accuracy of the viewing on the Internet at http:// obtain or retain benefits. agency’s estimate of the burden of the www.regulations.gov as they are OMB Desk Officer: Ms. Jasmeet proposed information collection; (c) received without change, including any Seehra. ways to enhance the quality, unity, and personal identifiers or contact Written comments and clarity of the information to be information. recommendations on the proposed collected; (d) ways to minimize the DoD Clearance Officer: Ms. Patricia information collection should be sent to burden of the information collection on Toppings. Ms. Seehra at the Office of Management respondents, including the use of Written requests for copies of the and Budget, Desk Officer for DoD, Room automated collection techniques or information collection proposal should 10236, New Executive Office Building, other forms of information technology. be sent to Ms. Toppings at WHS/ESD/ Washington, DC 20503. DATES: Consideration will be given to all Information Management Division, 1777 You may also submit comments, comments received by October 2, 2009. identified by docket number and title, North Kent Street, RPN, Suite 11000, ADDRESSES: You may submit comments, Arlington, VA 22209–2133. by the following method: • Federal eRulemaking Portal: http:// identified by docket number and title, Dated: July 24, 2009. www.regulations.gov. Follow the by any of the following methods: Patricia L. Toppings, instructions for submitting comments. Federal eRulemaking Portal: http:// OSD Federal Register Liaison Officer, Instructions: All submissions received www.regulations.gov. Follow the Department of Defense. must include the agency name, docket instructions for submitting comments. [FR Doc. E9–18401 Filed 7–31–09; 8:45 am] number and title for this Federal Mail: Federal Docket Management System Office, 1160 Defense Pentagon, BILLING CODE 5001–06–P Register document. The general policy for comments and other submissions Washington, DC 20301–1160. from members of the public is to make Instructions: All submissions received DEPARTMENT OF DEFENSE these submissions available for public must include the agency name, docket viewing on the Internet at http:// number and title for this Federal Office of the Secretary www.regulations.gov as they are Register document. The general policy for comments and other submissions [Docket ID: DoD–2008–OS–0109] received without change, including any personal identifiers or contact from members of the public is to make Submission for OMB Review; information. these submissions available for public Comment Request DoD Clearance Officer: Ms. Patricia viewing on the Internet at http:// Toppings. www.regulations.gov as they are ACTION: Notice. Written requests for copies of the received without change, including any information collection proposal should personal identifiers or contact The Department of Defense has be sent to Ms. Toppings at WHS/ESD/ information. submitted to OMB for clearance, the Information Management Division, 1777 FOR FURTHER INFORMATION CONTACT: To following proposal for collection of North Kent Street, RPN, Suite 11000, request more information on this information under the provisions of the Arlington, VA 22209–2133. proposed information collection or to Paperwork Reduction Act (44 U.S.C. obtain a copy of the proposed and Chapter 35). Dated: May 22, 2009. Patricia L. Toppings, associated collection instruments, DATES: Consideration will be given to all please write to the United States Air comments received by September 2, OSD Federal Register Liaison Officer, Department of Defense. Force Academy, Office of Admissions, 2009. 2304 Cadet Drive, Suite 236, USAFA, [FR Doc. E9–18398 Filed 7–31–09; 8:45 am] Title, Form, and OMB Number: CO 80840, or call the United States Air Request for Examination; USMEPCOM BILLING CODE 5001–06–P Force Academy, Office of Admissions, Form 680–3A–E; OMB Control Number (719) 333–7291. 0704–TBD. DEPARTMENT OF DEFENSE Title, Associated form, and OMB Type of Request: New. Number: Air Force Academy Secondary Number of Respondents: 850,000. Department of the Air Force School Transcript; USAF Form 148; Responses per Respondent: 1. OMB Number 0701–0066. Annual Responses: 850,000. [Docket ID: USAF–2009–0052] Needs and Uses: The information Average Burden per Response: 10 collection requirement is necessary to minutes. Proposed Collection; Comment Request obtain data on candidate’s background Annual Burden Hours: 141,950. and aptitude in determining eligibility Needs and Uses: This information AGENCY: Department of the Air Force, and selection to the Air Force Academy. collection requirement is necessary to DoD. Affected Public: Individuals or gather the required data for determining ACTION: Notice. households. eligibility to join the Armed Forces and Annual Burden Hours: 4,000. for establishing personal records on SUMMARY: In compliance with section Number of Respondents: 7,500. those enlisting. USMEPCOM Form 680– 3506(c)(2)(A) of the Paperwork Responses per Respondent: 1. 3A–E serves as a processing checklist Reduction Act of 1995, the Office of Average Burden per Response: 32 and security verification of applicants Admissions announces the proposed Minutes. for military service completing extension of a public information Frequency: Annually. qualification requirements. Information collection and seeks public comment on SUPPLEMENTARY INFORMATION: collected on USMEPCOM Form 680– provisions thereof. Comments are 3A–E is transferred electronically into invited on: (a) Whether the proposed Summary of Information Collection DD Form 1966 and helps decrease collection of information is necessary The information collected on this administration time required to for the proper performance of the form is required by 10 U.S.C. 9346. The complete the applicant’s record. functions of the agency, including respondents are students who are Frequency: On occasion. whether the information shall have applying for admission to the United

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States Air Force Academy. Each from members of the public is to make Reduction Act of 1995, DoD Commercial student’s background and aptitude is these submissions available for public Airlift Division announces the proposed reviewed to determine eligibility. If the viewing on the Internet at http:// extension of a public information information on this form is not www.regulations.gov as they are collection and seeks public comment on collected, the individual cannot be received without change, including any the provisions thereof. Comments are considered for admittance to the Air personal identifiers or contact invited on: (a) Whether the proposed Force Academy. information. collection of information is necessary Dated: July 24, 2009. FOR FURTHER INFORMATION CONTACT: To for the proper performance of the Patricia L. Toppings, request more information on this functions of the agency, including whether the information shall have OSD Federal Register Liaison Officer, proposed information collection or to Department of Defense. obtain a copy of the proposal and practical utility; (b) the accuracy of the agency’s estimate of the burden of the [FR Doc. E9–18395 Filed 7–31–09; 8:45 am] associated collection instruments, proposed information collection; (c) BILLING CODE 5001–06–P please write to the Office of Admissions, 2304 Cadet Drive, Suite 236, USAF ways to enhance the quality, utility, and Academy, CO 80840, or telephone 719– clarity of the information to be DEPARTMENT OF DEFENSE 333–7291. collected; and (d) ways to minimize the Title; Associated Form; and OMB burden of the information collection on Department of the Air Force Number: United States Air Force respondents, including through the use of automated collection techniques or [Docket ID: USAF–2009–0051] Academy Writing Sample; United States Air Force Academy Form 0–878; OMB other forms of information technology. Proposed Collection; Comment Number 0701–0147. DATES: Consideration will be given to all Request Needs and Uses: The information comments received by October 2, 2009. collection requirement is necessary to ADDRESSES: You may submit comments, AGENCY: Office of Admissions, obtain data on candidate’s background identified by docket number and title, Headquarters United States Air Force and aptitude in determining eligibility by any of the following methods: Academy, Department of the Air Force, and selection to the Air Force Academy. Federal eRulemaking Portal: http:// Department of Defense. Affected Public: Individuals and www.regulations.gov. Follow the ACTION: Notice. households. instructions for submitting comments. Annual Burden Hours: 4100. Mail: Federal Docket Management In compliance with Section Number of Respondents: 4100. System Office, 1160 Defense Pentagon, 3506(c)(2)(A) of the Paperwork Responses per Respondent: 1. Washington, DC 20301–1160. Reduction Act of 1995, the Office of Average Burden per Response: 1 hour. Instructions: All submissions received Admissions, Headquarters United States Frequency: On occasion. must include the agency name, docket Air Force Academy announces the SUPPLEMENTARY INFORMATION: number and title for this Federal proposed extension of a public Summary of Information Collection Register document. The general policy information collection and seeks public for comments and other submissions comment on the provisions thereof. The information collected on this from members of the public is to make Comments are invited on: (a) Whether form is required by 10 U.S.C. 9346. The these submissions available for public the proposed collection of information respondents are students who are viewing on the Internet at http:// is necessary for the proper performance applying for admission to the United www.regulations.gov as they are of the functions of the agency, including States Air Force Academy. Each received without change, including any whether the information shall have student’s background and aptitude is personal identifiers or contact practical utility; (b) the accuracy of the reviewed to determine eligibility. If the information. agency’s estimate of the burden of the information on this form is not collected, the individual cannot be FOR FURTHER INFORMATION CONTACT: To proposed information collection; (c) request more information on this ways to enhance the quality, utility, and considered for admittance to the Air Force Academy. proposed information collection or to clarity of the information to be obtain a copy of the proposal and collected; and (d) ways to minimize the Dated: July 17, 2009. associated collection instruments, burden of the information collection on Patricia L. Toppings, please write to the DoD Commercial respondents, including through the use OSD Federal Register Liaison Officer, Airlift Division (A34B), 402 Scott Drive, of automated collection techniques or Department of Defense. Unit 3A1, Scott AFB, IL 62225–5302, or other forms of information technology. [FR Doc. E9–18440 Filed 7–31–09; 8:45 am] call HQ AMC/A34B, DoD Commercial DATES: Consideration will be given to all BILLING CODE 5001–06–P Airlift Division, at 618–229–4801. comments received by October 2, 2009. Title; Associated Form; and OMB ADDRESSES: You may submit comments, Number: DoD Statement of Intent, AMC identified by docket number and title, DEPARTMENT OF DEFENSE Form 207; OMB Number 0701–0137. Needs and Uses: The Department of by any of the following methods: Department of the Air Force Federal eRulemaking Portal: http:// Defense Commercial Airlift Division www.regulations.gov. Follow the [Docket ID: USAF–2009–0050] (HQ AMC/A34B) is responsible for the instructions for submitting comments. assessment of a commercial air carrier’s Mail: Federal Docket Management Proposed Collection; Comment ability to provide quality, safe, and System Office, 1160 Defense Pentagon, Request reliable airlift to the Department of Washington, DC 20301–1160. AGENCY: DoD Commercial Airlift Defense. HQ AMC/A34B uses Air Instructions: All submissions received Division. Mobility Command (AMC) Form 207 to must include the agency name, docket ACTION: Notice. acquire information needed to make a number and title for this Federal determination if the commercial carriers Register document. The general policy In compliance with section can support the Department of Defense. for comments and other submissions 3506(c)(2)(A) of the Paperwork Information is evaluated and used in the

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approval process. Failure to respond CATCHER//U.S. Patent No. 7,266,939: 7,530,320: UNDERWATER WATER renders the commercial air carrier MOISTURE-ABSORBING CELLULOSE- CANNON DEFENSE SYSTEM.// ineligible for contracts to provide air BASED MATERIAL AND METHOD ADDRESSES: Requests for copies of the carriers service to the Department of FOR MAKING SAME//U.S. Patent No. patents cited should be directed to Defense. 7,272,242: OBJECT DETECTION IN Office of Counsel, Naval Surface Affected Public: Business or other for ELECTRO-OPTIC SENSOR IMAGES// Warfare Center Panama City Division, profit; not-for-profit institutions. U.S Patent No. 7,296,528: ANGLED 110 Vernon Ave., Panama City, FL Annual Burden Hours: 300. LANDING PLATFORM//U.S. Patent No. 32407–7001. Number of Respondents: 15. 7,296,530: UNMANNED SYSTEM FOR Responses per Respondent: 1. UNDERWATER OBJECT INSPECTION, FOR FURTHER INFORMATION CONTACT: Mr. Average Burden per Response: 20 IDENTIFICATION AND/OR James Shepherd, Patent Counsel, Naval hours. NEUTRALIZATION//U.S. Patent No. Surface Warfare Center Panama City Frequency: On occasion. 7,298,277: DEPTH MONITORING AND Division, 110 Vernon Ave., Panama SUPPLEMENTARY INFORMATION: ALERT SYSTEM//U.S. Patent No. City, FL 32407–7001, telephone (850) 234–4646. Summary of Information Collection 7,299,152: CORRELATING EVENT DATA FOR LARGE GEOGRAPHIC Authority: 35 U.S.C. 207, 37 CFR Part 404. Respondents are commercial air AREA//U.S. Patent No. 7,299,714: carriers desiring to supply airlift Dated: July 28, 2009. TELESCOPING AND LOCKING LEVER services to DOD. AMC Form 207 A.M. Vallandingham, provides vital information form the ARM//U.S. Patent No. 7,301,851: Lieutenant Commander, Judge Advocate carriers needed to determine their UNDERWATER HULL SURVEY General’s Corps, U.S. Navy, Federal Register eligibility to participate in the DOD Air SYSTEM//U.S. Patent No. 7,315,485: Liaison Officer. Transportation Program. SYSTEM AND METHOD FOR TARGET [FR Doc. E9–18467 Filed 7–31–09; 8:45 am] CLASSIFICATION AND CLUTTER BILLING CODE 3810–FF–P Dated: July 17, 2009. REJECTION IN LOW-RESOLUTION Patricia L. Toppings, IMAGERY//U.S. Patent No. 7,342,399: OSD Federal Register Liaison Officer, MAGNETIC ANOMALY SENSING- DEPARTMENT OF DEFENSE Department of Defense. BASED SYSTEM FOR TRACKING A [FR Doc. E9–18396 Filed 7–31–09; 8:45 am] MOVING MAGNETIC TARGET//U.S. Department of the Navy BILLING CODE 5001–06–P Patent No. 7,342,847: METHOD OF Notice of Intent To Grant Exclusive ESTIMATING ALONG-TRACK Patent License; Southern Indiana DISPLACEMENT OF AN Innovators, LLC DEPARTMENT OF DEFENSE UNDERWATER VEHICLE//U.S. Patent Department of the Navy No. 7,383,019: FIELD DATA AGENCY: Department of the Navy, DOD. COLLECTION AND RELAY STATION// Notice of Availability of Government- U.S. Patent No. 7,373,523: PREPARING ACTION: Notice. Owned Inventions; Available for DATA FOR STORAGE IN A SECURE SUMMARY: Licensing FASHION//U.S. Patent No. 7,386,151: The invention listed below is SYSTEM AND METHOD FOR assigned to the United States AGENCY: Department of the Navy, DOD. ASSESSING SUSPICIOUS Government as represented by the ACTION: Notice. BEHAVIORS//U.S. Patent No. Secretary of the Navy. The Department 7,406,001: UNDERWATER ACOUSTIC of the Navy hereby gives notice of its SUMMARY: The inventions listed below intent to grant to Southern Indiana BEACON AND METHOD OF are assigned to the United States Innovators, LLC, a revocable, OPERATING SAME FOR Government as represented by the nonassignable, exclusive license to NAVIGATION//U.S. Patent No. Secretary of the Navy and are available practice in the United States, the 7,421,349: BEARING FAULT for domestic and foreign licensing by Government-owned invention described SIGNATURE DETECTION//U.S. Patent the Department of the Navy. below: No. 7,428,939: WATERJET DRIVE The following patents are available for U.S. Patent 6,767,015 (Navy Case licensing: HOVERCRAFT WITH ADJUSTABLE TRIM SYSTEM//U.S. Patent No. 84636): issued July 27, 2004, entitled U.S. Patent No. 7,255,059: ‘‘THERMAL TARGET’’. ADJUSTABLE ADAPTER ASSEMBLY// 7,448,527: SELF-WELDING U.S. Patent No. 7,262,360: FASTENER//U.S. Patent No. 7,467,579: DATES: Anyone wishing to object to the UNDERWATER POWER GENERATION MINE CLEARING DEVICE grant of this license has fifteen days USING UNDERWATER INCORPORATING PNEUMATIC from the date of this notice to file THERMOCLINE//U.S. Patent No. THRUST AND UNBIASED MOTION// written objections along with 7,263,190: SYSTEM FOR SECURING U.S. Patent No. 7,484,447: MINE supporting evidence, if any. THE CONFIDENTIALITY OF CLEARING DEVICE INCORPORATING ADDRESSES: Written objections are to be ELECTRONICALLY STORED DATA IN UNBIASED MOTION//U.S. Patent No. filed with Naval Surface Warfare Center, THE EVENT OF THE PHYSICAL 7,484,467: DEEP WATER LIFT SYSTEM Crane Division, Code OOL, Bldg. 2, 300 THEFT THEREOF//U.S. Patent No. REMOTE PENDANT//U.S. Patent No. Highway 361, Crane, IN 47522–5001. 7,263,208: AUTOMATED THRESHOLD 7,484,646: DIVE MASK INDEX SELECTION FOR A TRACTABLE BRACKET//U.S. Patent No. 7,484,749: FOR FURTHER INFORMATION CONTACT: Mr. ALARM RATE//U.S. Patent No. FRAME TOW-BAR ADAPTER/U.S. Christopher Monsey, Naval Surface 7,263,588: DATA STORAGE SYSTEM Patent No. 7,513,210: MODULAR Warfare Center, Crane Division, Code USING GEOGRAPHICALLY- SPONSON WITH REPLACEABLE OOL, Bldg. 2, 300 Highway 361, Crane, DISTRIBUTED STORAGE DEVICES/ SECTIONS//U.S. Patent No. 7,515,738: IN 47522–5001, telephone (812) 854– FACILITIES//U.S. Patent No. 7,264,204: BIOMETRIC DATA COLLECTION AND 4100. UNMANNED AERIAL VEHICLE STORAGE SYSTEM//U.S. Patent No. Authority: 35 U.S.C. 207, 37 CFR part 404.

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Dated: July 28, 2009. Applicants: Columbia Gulf (866) 208–3676 (toll free). For TTY, call A.M. Vallandingham, Transmission Company. (202) 502–8659. Lieutenant Commander, Judge Advocate Description: Columbia Gulf Nathaniel J. Davis, Sr., General’s Corps, U.S. Navy, Federal Register Transmission Company submits an Deputy Secretary. Liaison Officer. abbreviated application for permission [FR Doc. E9–18468 Filed 7–31–09; 8:45 am] and approval to abandon natural gas [FR Doc. E9–18501 Filed 7–31–09; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 3810–FF–P service (Rate Schedule X–99). Filed Date: 07/23/2009. Accession Number: 20090723–5076. DEPARTMENT OF ENERGY ENVIRONMENTAL PROTECTION Comment Date: 5 p.m. Eastern Time AGENCY on Tuesday, August 4, 2009. Federal Energy Regulatory [EPA–HQ–OAR–2005–0490; FRL–8936–8] Commission Any person desiring to intervene or to protest in any of the above proceedings Agency Information Collection Combined Notice of Filings No. 1 must file in accordance with Rules 211 Activities; Submission to OMB for and 214 of the Commission’s Rules of July 27, 2009. Review and Approval; Comment Practice and Procedure (18 CFR 385.211 Request; Consolidated Emissions Take notice that the Commission has and 385.214) on or before 5 p.m. Eastern Reporting Rule (Renewal); EPA ICR received the following Natural Gas time on the specified comment date. It No. 0916.13, OMB Control No. 2060– Pipeline Rate and Refund Report filings: is not necessary to separately intervene 0088 Docket Numbers: RP09–838–000. again in a subdocket related to a Applicants: Questar Pipeline compliance filing if you have previously AGENCY: Environmental Protection Company. intervened in the same docket. Protests Agency (EPA). Description: Questar Pipeline will be considered by the Commission ACTION: Notice. Company submits Thirteenth Revised in determining the appropriate action to SUMMARY: In compliance with the Sheet No 1 et al. to its FERC Gas Tariff, be taken, but will not serve to make Paperwork Reduction Act (PRA) (44 First Revised Volume No 1. protestants parties to the proceeding. U.S.C. 3501 et seq.), this document Filed Date: 07/22/2009. Anyone filing a motion to intervene or announces that an Information Accession Number: 20090722–0144. protest must serve a copy of that Collection Request (ICR) has been Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference forwarded to the Office of Management on Monday, August 3, 2009. to filings initiating a new proceeding, and Budget (OMB) for review and Docket Numbers: RP09–839–000. interventions or protests submitted on approval. This is a request to renew an Applicants: Transcontinental Gas or before the comment deadline need existing approved collection. The ICR, Pipe Line Company. not be served on persons other than the which is abstracted below, describes the Description: Transcontinental Gas Applicant. Pipe Line Company, LLC submits Third nature of the information collection and The Commission encourages its estimated burden and cost. Revised Sheet 24 to its FERC Gas Tariff, electronic submission of protests and DATES: Additional comments may be Fourth Revised Volume 1, to be effective interventions in lieu of paper, using the submitted on or before September 2, 8/1/09. FERC Online links at http:// 2009. Filed Date: 07/22/2009. www.ferc.gov. To facilitate electronic Accession Number: 20090722–0148. service, persons with Internet access ADDRESSES: Submit your comments, Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be referencing Docket ID No. EPA–HQ– on Monday, August 3, 2009. listed as a contact for an intervenor OAR–2005–0490, to: (1) EPA online Docket Numbers: RP09–840–000. must create and validate an using http://www.regulations.gov (our Applicants: Questar Overthrust eRegistration account using the preferred method), by e-mail to a-and- Pipeline Company. eRegistration link. Select the eFiling [email protected], or by mail to: EPA Description: Questar Overthurst link to log on and submit the Docket Center, Environmental Pipeline Company’s submits its Annual intervention or protests. Protection Agency, Air and Radiation, Fuel Reimbursement Report and Persons unable to file electronically 2822T, 1200 Pennsylvania Ave., NW., Variance Adjustment Calculations for should submit an original and 14 copies Washington, DC 20460, and (2) OMB by the period ended 5/31/09. of the intervention or protest to the mail to: Office of Information and Filed Date: 07/24/2009. Federal Energy Regulatory Commission, Regulatory Affairs, Office of Accession Number: 20090724–0097. 888 First St., NE., Washington, DC Management and Budget (OMB), Comment Date: 5 p.m. Eastern Time 20426. Attention: Desk Officer for EPA, 725 on Wednesday, August 5, 2009. The filings in the above proceedings 17th Street, NW., Washington, DC Docket Numbers: RP09–841–000. are accessible in the Commission’s 20503. Applicants: Tuscarora Gas eLibrary system by clicking on the FOR FURTHER INFORMATION CONTACT: Transmission Company. appropriate link in the above list. They Dennis Beauregard, Office of Air Quality Description: Tuscarora Gas are also available for review in the Planning and Standards, Air Quality Transmission Company submits First Commission’s Public Reference Room in Assessment Division, Mail Code C339– Revised Sheet 4 et al. to FERC Gas Washington, DC. There is an 02, Environmental Protection Agency, Tariff, Original Volume 1 to reflect the eSubscription link on the Web site that Research Triangle Park, NC 27711; requirements of Order 712. enables subscribers to receive e-mail telephone number: (919)–541–5512; fax Filed Date: 07/24/2009. notification when a document is added number: (919)–541–0684; e-mail Accession Number: 20090724–0099. to a subscribed dockets(s). For address: [email protected]. Comment Date: 5 p.m. Eastern Time assistance with any FERC Online SUPPLEMENTARY INFORMATION: EPA has on Wednesday, August 5, 2009. service, please e-mail submitted the following ICR to OMB for Docket Numbers: CP09–448–000. [email protected]. or call review and approval according to the

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procedures prescribed in 5 CFR 1320.12. numbers in certain EPA regulations is requirements which have subsequently On April 21, 2009 (74 FR 18226), EPA consolidated in 40 CFR part 9. changed; train personnel to be able to sought comments on this ICR pursuant Abstract: EPA has promulgated a respond to a collection of information; to 5 CFR 1320.8(d). EPA received no Consolidated Emissions Reporting Rule search data sources; complete and comments during the comment period. (CERR) (40 CFR part 51, subpart A) to review the collection of information; Any additional comments on this ICR coordinate new emissions inventory and transmit or otherwise disclose the should be submitted to EPA and OMB reporting requirements with existing information. within 30 days of this notice. requirements of the Clean Air Act (CAA) Respondents/Affected Entities: 55 EPA has established a public docket and the 1990 Amendments. Under the State and territorial air pollution control for this ICR under Docket ID No. EPA– CERR, 55 State and territorial air quality agencies, 49 local air agencies, and HQ–OAR–2005–0490, which is agencies, including the District of 1,759 industry sources. available for online viewing at http:// Columbia (DC), as well as an estimated Estimated Number of Respondents: www.regulations.gov, or in person 49 local air quality agencies, must 1,863. viewing at the Air and Radiation Docket annually submit emissions data for Frequency of Response: Annual. in the EPA Docket Center (EPA/DC), point sources emitting specified levels Estimated Total Annual Hour Burden: EPA West, Room 3334, 1301 of volatile organic compounds, oxides of 57,698. Constitution Ave., NW., Washington, nitrogen, carbon monoxide, sulfur Estimated Total Annual Cost: DC. The EPA/DC Public Reading Room dioxide, particulate matter less than or $230,880, includes $230,880 annualized is open from 8 a.m. to 4:30 p.m., equal to 10 micrometers in diameter, capital or operational and maintenance Monday through Friday, excluding legal particulate matter less than or equal to costs. holidays. The telephone number for the 2.5 micrometers in diameter (PM2.5), and Changes in the Estimates: There is a Reading Room is 202–566–1744, and the ammonia (NH3). decrease of 474 hours in the total telephone number for the Air and Every 3 years, states are required to estimated burden currently identified in Radiation Docket is 202–566–1742. submit a point source inventory, as well the OMB Inventory of Approved ICR Use EPA’s electronic docket and as a statewide stationary nonpoint, Burdens. This decrease is due to use of comment system at http:// nonroad mobile, onroad mobile, and updated point source reporting data www.regulations.gov to submit or view biogenic source inventory for all criteria from the 2005 National Emissions public comments, access the index pollutants (including lead and lead Inventory indicating fewer Type A listing of the contents of the docket, and compounds) and their precursors. The sources will be reported annually to to access those documents in the docket emissions data submitted for the annual EPA. that are available electronically. Once in and 3-year cycle inventories for the system, select ‘‘docket search,’’ then stationary point, nonpoint, nonroad Dated: July 21, 2009. key in the docket ID number identified mobile, and onroad mobile sources are Jenny Noonan Edmonds, above. Please note that EPA’s policy is used by EPA’s Office of Air Quality Acting Director, Office of Air Quality Planning that public comments, whether Planning and Standards to assist in and Standards. submitted electronically or in paper, developing ambient air quality emission [FR Doc. E9–18478 Filed 7–31–09; 8:45 am] will be made available for public standards, performing regional BILLING CODE 6560–50–P viewing at http://www.regulations.gov modeling, and preparing national trends as EPA receives them and without assessments and special analyses and change, unless the comment contains reports. Any data submitted to EPA FEDERAL ACCOUNTING STANDARDS copyrighted material, confidential under the CERR is in the public domain ADVISORY BOARD business information (CBI), or other and cannot be treated as confidential. information whose public disclosure is Burden Statement: The annual public Notice of Issuance of Statement of restricted by statute. For further reporting and recordkeeping burden for Federal Financial Accounting information about the electronic docket, this collection of information is Standards (SFFAS) 34, ‘‘The Hierarchy go to http://www.regulations.gov. estimated to average 31 hours per of Generally Accepted Accounting Title: Consolidated Emissions response. The total number of Principles for Federal Entities, Reporting Rule (Renewal). respondents is assumed to be 1,863. Including the Application of Standards ICR numbers: EPA ICR No. 0916.13, This total number of respondents Issued by the Financial Accounting OMB Control No. 2060–0088. includes 104 State agencies that are Standards Board’’ ICR Status: This ICR is scheduled to subject to the CERR data reporting expire on October 31, 2009. Under OMB requirements and 1,759 sources that are AGENCY: Federal Accounting Standards regulations, the Agency may continue to not subject, but are assumed to incur the Advisory Board. conduct or sponsor the collection of burden for reporting estimates of PM2.5 ACTION: Notice. information while this submission is and NH3 to State agencies. Burden pending at OMB. An Agency may not means the total time, effort, or financial Board Action: Pursuant to 31 U.S.C. conduct or sponsor, and a person is not resources expended by persons to 3511(d), the Federal Advisory required to respond to, a collection of generate, maintain, retain, or disclose or Committee Act (Pub. L. 92–463), as information, unless it displays a provide information to or for a Federal amended, and the FASAB Rules of currently valid OMB control number. agency. This includes the time needed Procedure, as amended in April 2004, The OMB control numbers for EPA’s to review instructions; develop, acquire, notice is hereby given that the Federal regulations in title 40 of the CFR, after install, and utilize technology and Accounting Standards Advisory Board appearing in the Federal Register when systems for the purposes of collecting, (FASAB) has issued Statement of approved, are listed in 40 CFR part 9 validating, and verifying information, Federal Financial Accounting Standards and displayed either by publication in processing and maintaining (SFFAS) 34, The Hierarchy of Generally the Federal Register or by other information, and disclosing and Accepted Accounting Principles for appropriate means, such as on the providing information; adjust the Federal Entities, Including the related collection instrument or form, if existing ways to comply with any Application of Standards Issued by the applicable. The display of OMB control previously applicable instructions and Financial Accounting Standards Board.

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SFFAS 34 incorporates the hierarchy from the National Information Center information is accurate, and based on of generally accepted accounting website at www.ffiec.gov/nic/. valid assumptions and methodology; principles (GAAP) into the FASAB’s Unless otherwise noted, comments ways to enhance the quality, utility, and authoritative literature. The ‘‘GAAAP regarding each of these applications clarity of the information to be hierarchy’’ consists of the sources of must be received at the Reserve Bank collected; and ways in which we can accounting principles used in the indicated or the offices of the Board of minimize the burden of the collection of preparation of financial statements of Governors not later than August 28, information on those who are to Federal reporting entities that are 2009. respond, through the use of appropriate presented in conformity with GAAP and A. Federal Reserve Bank of New technological collection techniques or the framework for selecting those York (Ivan Hurwitz, Bank Applications other forms of information technology. principles. Officer) 33 Liberty Street, New York, DATES: Submit comments on or before The statement is available on the New York 10045–0001: September 2, 2009. 1. Morgan Stanley, New York, New FASAB home page http:// ADDRESSES: Submit comments regarding York; to acquire up to 9.9 percent of the www.fasab.gov/exposure.html. Copies this burden estimate or any other aspect voting shares of Community Bankers can be obtained by contacting FASAB at of this collection of information, Trust Corporation, Glen Allen, Virginia, (202) 512–7350. including suggestions for reducing this and thereby indirectly acquire voting FOR FURTHER INFORMATION CONTACT: burden to: FAR Desk Officer, OMB, shares of Bank of Essex, Essex, Virginia. Wendy Payne, Executive Director, at Room 10102, NEOB, Washington, DC (202) 512–7350. Board of Governors of the Federal Reserve 20503, and a copy to the General System, July 29, 2009. Authority: Federal Advisory Committee Services Administration, Regulatory Act, Public Law 92–463. Robert deV. Frierson, Secretariat (VPR), 1800 F Street, NW., Deputy Secretary of the Board. Dated: July 29, 2009. Room 4041, Washington, DC 20405. [FR Doc. E9–18448 Filed 7–31–09; 8:45 am] Charles Jackson, FOR FURTHER INFORMATION CONTACT: Federal Register Liaison Officer. BILLING CODE 6210–01–S Beverly Cromer, Contract Policy Division, GSA, (202) 501–1448 or via [FR Doc. E9–18449 Filed 7–31–09; 8:45 am] e-mail at [email protected]. BILLING CODE 1610–01–P DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: GENERAL SERVICES A. Purpose FEDERAL RESERVE SYSTEM ADMINISTRATION FAR clause 52.243–6, Change Order Accounting, requires that, whenever the Formations of, Acquisitions by, and NATIONAL AERONAUTICS AND estimated cost of a change or series of Mergers of Bank Holding Companies SPACE ADMINISTRATION related changes exceed $100,000, the [OMB Control No. 9000–0026] contracting officer may require the The companies listed in this notice contractor to maintain separate accounts have applied to the Board for approval, Federal Acquisition Regulation; for each change or series of related pursuant to the Bank Holding Company Submission for OMB Review; Change changes. The account shall record all Act of 1956 (12 U.S.C. 1841 et seq.) Order Accounting incurred segregable, direct costs (less (BHC Act), Regulation Y (12 CFR Part allocable credits) of work, both changed 225), and all other applicable statutes AGENCIES: Department of Defense (DOD), and unchanged, allocable to the change. and regulations to become a bank General Services Administration (GSA), These accounts are to be maintained holding company and/or to acquire the and National Aeronautics and Space until the parties agree to an equitable assets or the ownership of, control of, or Administration (NASA). adjustment for the changes or until the the power to vote shares of a bank or ACTION: Notice of request for public matter is conclusively disposed of under bank holding company and all of the comments regarding an extension to an the Disputes clause. This requirement is banks and nonbanking companies existing OMB clearance (9000–0026). necessary in order to be able to account owned by the bank holding company, properly for costs associated with including the companies listed below. SUMMARY: Under the provisions of the changes in supply and research and The applications listed below, as well Paperwork Reduction Act of 1995 (44 development contracts that are as other related filings required by the U.S.C. Chapter 35), the Federal technically complex and incur Board, are available for immediate Acquisition Regulation (FAR) numerous changes. inspection at the Federal Reserve Bank Secretariat will be submitting to the indicated. The applications also will be Office of Management and Budget B. Annual Reporting Burden available for inspection at the offices of (OMB) a request to review and approve Respondents: 8,750. the Board of Governors. Interested an extension of a currently approved Responses per Respondent: 18. persons may express their views in information collection requirement Annual Responses: 157,500. writing on the standards enumerated in concerning change order accounting. A Hours per Response: .084. the BHC Act (12 U.S.C. 1842(c)). If the request for public comments was Total Burden Hours: 13,230. proposal also involves the acquisition of published in the Federal Register at 74 a nonbanking company, the review also FR 18718, April 24, 2009. No comments C. Annual Recordkeeping Burden includes whether the acquisition of the were received. Recordkeepers: 8,750. nonbanking company complies with the Public comments are particularly Hours per Recordkeeper: 1.5. standards in section 4 of the BHC Act invited on: Whether this collection of Total Recordkeeping Burden Hours: (12 U.S.C. 1843). Unless otherwise information is necessary for the proper 13,125. noted, nonbanking activities will be performance of functions of the FAR, Total Burden Hours: 26,355. conducted throughout the United States. and whether it will have practical Obtaining Copies of Proposals: Additional information on all bank utility; whether our estimate of the Requesters may obtain a copy of the holding companies may be obtained public burden of this collection of information collection documents from

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the General Services Administration, ADDRESSES: Submit comments regarding SUMMARY: The Food and Drug Regulatory Secretariat (VPR), 1800 F this burden estimate or any other aspect Administration (FDA) is announcing the Street, Room 4041, Washington, DC of this collection of information, rates and payment procedures for fiscal 20405, telephone (202) 501–4755. including suggestions for reducing this year (FY) 2010 animal drug user fees. Please cite OMB Control No. 9000– burden to: FAR Desk Officer, OMB, The Federal Food, Drug, and Cosmetic 0026, Change Order Accounting, in all Room 10102, NEOB, Washington, DC Act (the act), as amended by the Animal correspondence. 20503, and a copy to the General Drug User Fee Act of 2003 (ADUFA) and Dated: July 28, 2009. Services Administration, Regulatory the Animal Drug User Fee Amendments Al Matera, Secretariat (VPR), 1800 F Street, NW., of 2008 (ADUFA II), authorizes FDA to Room 4041, Washington, DC 20405. collect user fees for certain animal drug Director, Office of Acquisition Policy. FOR FURTHER INFORMATION CONTACT: applications and supplements, on [FR Doc. E9–18465 Filed 7–31–09; 8:45 am] Edward Loeb, Contract Policy Division, certain animal drug products, on certain BILLING CODE 6820–EP–P GSA (202) 501–0650 or via e-mail at establishments where such products are [email protected]. made, and on certain sponsors of such animal drug applications and/or DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: investigational animal drug GENERAL SERVICES A. Purpose submissions. This notice establishes the ADMINISTRATION The FAR requires contracts to be fee rates for FY 2010. awarded to only those contractors FOR FURTHER INFORMATION CONTACT: Visit NATIONAL AERONAUTICS AND determined to be responsible. Instances FDA’s Web site at http://www.fda.gov/ SPACE ADMINISTRATION where a firm or its principals have been ForIndustry/UserFees/AnimalDrug indicted, convicted, suspended, UserFeeActADUFA/default.htm or [OMB Control No. 9000–0094] proposed for debarment, debarred, or contact Lisa Kable, Center for Veterinary had a contract terminated for default are Medicine (HFV–10), Food and Drug Federal Acquisition Regulation; critical factors to be considered by the Administration, 7529 Standish Pl., Submission for OMB Review; contracting officer in making a Rockville, MD 20855, 240–276–9718. Debarment and Suspension responsible determination, 52.209–5, For general questions, you may also e- Certification Responsibility Matters, mail the Center for Veterinary Medicine AGENCIES: Department of Defense (DOD), requires the disclosure of this (CVM) at: [email protected]. General Services Administration (GSA), information. SUPPLEMENTARY INFORMATION: and National Aeronautics and Space Administration (NASA). B. Annual Reporting Burden I. Background ACTION: Notice of request for an Respondents: 89,995. Section 740 of the act (21 U.S.C. 379j- extension to an existing OMB clearance. Responses per Respondent: 12.223. 12) establishes four different kinds of Annual Responses: 1,100,000. user fees: (1) Fees for certain types of SUMMARY: Under the provisions of the Hours per Response: 0.0833. animal drug applications and Paperwork Reduction Act of 1995 (44 Total Burden Hours: 91,667. supplements, (2) annual fees for certain U.S.C. Chapter 35), the Federal Obtaining Copies of Proposals: animal drug products, (3) annual fees Acquisition Regulation (FAR) Requesters may obtain a copy of the for certain establishments where such Secretariat will be submitting to the information collection documents from products are made, and (4) annual fees Office of Management and Budget the General Services Administration, for certain sponsors of animal drug (OMB) a request to review and approve Regulatory Secretariat (VPR), 1800 F applications and/or investigational an extension of a currently approved Street, NW., Room 4041, Washington, animal drug submissions (21 U.S.C. information collection requirement DC 20405, telephone (202) 501–4755. 379j-12(a)). When certain conditions are concerning [subject]. A request for Please cite OMB Control No. 9000–0094, met, FDA will waive or reduce fees (21 public comments was published in the Debarment and Suspension, in all U.S.C. 379j-12(d)). Federal Register at 74 FR 18716 on correspondence. For FY 2009 through FY 2013, the act April 24, 2009. No comments were Dated: July 28, 2009. establishes aggregate yearly base received. Al Matera, revenue amounts for each of these fee Public comments are particularly Director, Office of Acquisition Policy. categories. Base revenue amounts invited on: Whether this collection of established for years after FY 2009 are [FR Doc. E9–18466 Filed 7–31–09; 8:45 am] information is necessary for the proper subject to adjustment for workload. Fees performance of functions of the FAR, BILLING CODE 6820–EP–P for applications, establishments, and whether it will have practical products, and sponsors are to be utility; whether our estimate of the established each year by FDA so that the public burden of this collection of DEPARTMENT OF HEALTH AND revenue for each fee category will information is accurate, and based on HUMAN SERVICES approximate the level established in the valid assumptions and methodology; Food and Drug Administration statute, after the level has been adjusted ways to enhance the quality, utility, and for workload. clarity of the information to be [Docket No. FDA–2009–N–0336] For FY 2010, the animal drug user fee collected; and ways in which we can rates are: $209,400 for an animal drug minimize the burden of the collection of Animal Drug User Fee Rates and application; $145,200 for a information on those who are to Payment Procedures for Fiscal Year supplemental animal drug application respond, through the use of appropriate 2010 for which safety or effectiveness data is technological collection techniques or AGENCY: Food and Drug Administration, required and for an animal drug other forms of information technology. HHS. application subject to the criteria set DATES: Submit comments on or before forth in section 512(d)(4) of the act (21 ACTION: Notice. September 2, 2009. U.S.C. 360b(d)(4)); $6,185 for an annual

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product fee; $73,850 for an annual B. Inflation Adjustment to Fee Revenue 2002 (the base years), and the average establishment fee; and $57,100 for an Amount number of each of these types of annual sponsor fee. FDA will issue The amounts established in ADUFA II applications and submissions over the invoices for FY 2010 product, for each year for FY 2009 through FY most recent 5-year period that ended establishment, and sponsor fees by 2013 include an inflation adjustment; June 30, 2009. December 31, 2009, and these invoices so, no further inflation adjustment is The results of these calculations are will be due and payable within 30 days required. presented in the first two columns of of issuance of the invoice. C. Workload Adjustment to Inflation table 1 of this document. Column 3 The application fee rates are effective Adjusted Fee Revenue Amount reflects the percent change in workload for applications submitted on or after over the two 5-year periods. Column 4 For each FY beginning in FY 2010, October 1, 2009, and will remain in shows the weighting factor for each type ADUFA provides that fee revenue effect through September 30, 2010. of application, reflecting how much of amounts shall be further adjusted to Applications will not be accepted for the total FDA animal drug review review until FDA has received full reflect changes in review workload (21 U.S.C. 379j-12(c)(1)). workload was accounted for by each payment of application fees and any type of application or submission in the other animal drug user fees owed. FDA calculated the average number of each of the five types of applications table during the most recent 5 years. II. Revenue Amount for FY 2010 and submissions specified in the Column 5 of table 1 of this document is the weighted percent change in each A. Statutory Fee Revenue Amounts workload adjustment provision (animal drug applications, supplemental animal category of workload, and was derived ADUFA II (Public Law 110–316 drug applications for which data with by multiplying the weighting factor in signed by the President on August 14, respect to safety or efficacy are required, each line in column 4 by the percent 2008) specifies that the aggregate manufacturing supplemental animal change from the base years in column 3. revenue amount for FY 2010 for each of drug applications, investigational At the bottom right of the table the sum the 4 animal drug user fee categories is animal drug study submissions, and of the values in column 5 is added, $4,320,000, before any adjustment for investigational animal drug protocol reflecting a total change in workload of workload is made. (See 21 U.S.C. 379j- submissions) received over the 5-year -22% percent for FY 2010. This is the 12(b)(1) through (b)(4).) period that ended on September 30, workload adjuster for FY 2010.

TABLE 1.—WORKLOAD ADJUSTER CALCULATION (NUMBERS MAY NOT ADD DUE TO ROUNDING)

Column 1 Column 5 Application Type 5-Year Average Column 2 Column 3 Column 4 Weighted % (Base Years) Latest 5-Year Average Percent Change Weighting Factor Change

New Animal Drug Applications (NADAs) 28.80 12.40 -57% 0.0319 -2%

Supplemental NADAs With Safety or Efficacy Data 23.40 13.60 -42% 0.0233 -1%

Manufacturing Supplements 366.6 435.20 19% 0.1605 3%

Investigational Study Submissions 336.60 242.80 -28% 0.5930 -17%

Investigational Protocol Submis- sions 292.40 204.80 -30% 0.1913 -6%

FY 2010 Workload Adjuster -22%

ADUFA specifies that the workload categories of fees stand at $4,320,000 subsequent fiscal year by that amount adjuster may not result in fees that are with the new total revenue target for (21 U.S.C. 379j-12(g)(4)) prior to its less than the fee revenue amount in the fees in FY 2010 being $17,280,000. amendment under ADUFA II). Table 2 statute (21 U.S.C. 379j-12(c)(1)(B)). III. Adjustment for Excess Collections of this document shows the amount of Because applying the FY 2010 workload in Previous Years collections realized and the amount adjuster would result in fees less than provided in appropriations acts, and the Under the provisions of ADUFA, if the statutory amount, the workload amount to be offset in a subsequent the agency collects more fees than were adjustment will not be applied in FY year, as of the end of the latest complete provided for in appropriations in any 2010. As a result, the statutory revenue year, FDA is required to reduce its fiscal year, 2008, which is the final year target amount for each of the 4 anticipated fee collections in a of ADUFA.

TABLE 2.—FEES COLLECTED, FEES APPROPRIATED, AND OFFSET FOR FUTURE COLLECTIONS—AS OF SEPTEMBER 30, 2008

Amount to Offset Future Fiscal Year Cohort Fees Collected Fees Appropriated Collections

2004 $5,154,700 $5,000,000 $154,700

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TABLE 2.—FEES COLLECTED, FEES APPROPRIATED, AND OFFSET FOR FUTURE COLLECTIONS—AS OF SEPTEMBER 30, 2008—Continued

Amount to Offset Future Fiscal Year Cohort Fees Collected Fees Appropriated Collections

2005 $8,519,101 $8,354,000 $165,101

2006 $10,945,866 $11,318,000 $0

2007 $13,189,060 $11,604,000 $1,585,0601

2008 $11,177,600 $13,696,000 $0

Total $1,904,861

Amount Offset When Fees for FY 2008 Were Determined $320,000

Amount Offset When Fees for FY 2009 Were Determined $1,344,0002

Remaining Balance to Be Offset When FY 2013 Fees Are Set $240,861 1 Some fees for FY 2007 were collected at the end of FY 2008 and were therefore not reflected in the Federal Register document announcing animal drug user fee rates and payment procedures for FY 2009 (September 15, 2008; 73 FR 53254). These additional fees amount to $240,861 and represent the remaining balance to be offset. 2 The amount shown in the corresponding chart last year was $1,342,316 (73 FR 53254). When the reduction was taken this amount was di- vided by 4, so it could be distributed among the 4 categories of fees (application fees, establishment fees, product fees and sponsor fees) and then it was rounded to the nearest thousand dollars, which amounted to $336,000, for each of these categories. Thus, the total reduction actually taken in FY 2009 was $336,000 times 4, or a total of $1,344,000.

When ADUFA fees were established amount set out in the statute and no applications subject to the criteria set for FY 2008 and FY 2009, the amount adjustments are required for FY 2010. forth in section 512(d)(4) of the act that of fee revenues for each year was The fee for a supplemental animal drug would have been subject to half of the reduced by $320,000 and $1,344,000 of application for which safety or full fee was 13.25, including the number collections in excess of appropriations, effectiveness data are required and for for the most recent year, estimated at 9. respectively. That leaves a total of an animal drug application subject to Thus, for FY 2010, FDA estimates $240,861 collected under ADUFA I criteria set forth in section 512(d)(4) is receipt of 8.25 fee paying original remaining to be offset. ADUFA II to be set at 50 percent of the animal applications and 13.25 fee-paying amended the annual offset provision of drug application fee. (See 21 U.S.C. supplemental animal drug applications ADUFA I to require one offset when FY 379j-12(a)(1)(A)(ii), as amended by and applications subject to the criteria 2013 fees are set in August of 2012, if ADUFA II.) set forth is section 512(d)(4) of the act aggregate collections from FY 2009 To set animal drug application fees which pay half of the full fee. through 2011 plus the amount of fees and supplemental animal drug estimated to be collected for FY 2012 application fees to realize $4,320,000, B. Fee Rates for FY 2010 exceed aggregate appropriations over FDA must first make some assumptions FDA must set the fee rates for FY 2010 the same period (21 U.S.C. 379j-12(g)(4), about the number of fee-paying so that the estimated 8.25 applications as amended by ADUFA II). FDA will applications and supplements the that pay the full fee and the estimated include the remaining $240,861 in agency will receive in FY 2010. 13.25 supplements and applications excess collections from FY 2004 through The agency knows the number of subject to the criteria set forth in section FY 2008 in the calculations when it applications that have been submitted 512(d)(4) of the act that pay half of the determines whether or not there will be in previous years. That number full fee will generate a total of an offset in FY 2013, the final year of fluctuates significantly from year to $4,320,000. To generate this amount, the ADUFA II. FDA is not offsetting for year. In estimating the fee revenue to be fee for an animal drug application, excess collections at this time. generated by animal drug application rounded to the nearest hundred dollars, fees in FY 2010, FDA is assuming that will have to be $290,400, and the fee for IV. Application Fee Calculations for FY the number of applications that will pay 2010 a supplemental animal drug application fees in FY 2010 will equal the average for which safety or effectiveness data are The terms ‘‘animal drug application’’ number of submissions over the 4 most required and for applications subject to and ‘‘supplemental animal drug recent years (including an estimate for the criteria set forth in section 512(d)(4) application’’ are defined in section 739 the current year). This may not fully of the act will have to be $145,200. of the act (21 U.S.C. 379j-11(1) and (2)). account for possible year to year fluctuations in numbers of fee-paying V. Product Fee Calculations for FY 2010 A. Application Fee Revenues and applications, but FDA believes that this Numbers of Fee-Paying Applications A. Product Fee Revenues and Numbers is a reasonable approach after 6 years of of Fee-Paying Products The application fee must be paid for experience with this program. any animal drug application or Over the past 4 years, the average The animal drug product fee (also supplemental animal drug application number of animal drug applications that referred to as the product fee) must be that is subject to fees under ADUFA and would have been subject to the full fee paid annually by the person named as that is submitted on or after September was 8.25, including the number for the the applicant in a new animal drug 1, 2003. The application fees are to be most recent year, estimated at 6. Over application or supplemental new animal set so that they will generate $4,320,000 this same period, the average number of drug application for an animal drug in fee revenue for FY 2010. This is the supplemental applications and product submitted for listing under

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section 510 of the act (21 U.S.C. 360), application or supplemental animal VII. Sponsor Fee Calculations for FY and who had an animal drug drug application for an animal drug 2010 application or supplemental animal product submitted for listing under A. Sponsor Fee Revenues and Numbers drug application pending at FDA after section 510 of the act; (3) had an animal of Fee-Paying Sponsors September 1, 2003. (See 21 U.S.C. 379j- drug application or supplemental 12(a)(2).) The term ‘‘animal drug animal drug application pending at FDA The animal drug sponsor fee (also product’’ is defined in 21 U.S.C. 379j- after September 1, 2003; and (4) whose referred to as the sponsor fee) must be 11(3). The product fees are to be set so establishment engaged in the paid annually by each person who: (1) that they will generate $4,320,000 in fee manufacture of the animal drug product Is named as the applicant in an animal revenue for FY 2010. This is the amount during the fiscal year. (See 21 U.S.C. drug application, except for an set out in the statute and no adjustments 379j-12(a)(3).) An establishment subject approved application for which all are required for FY 2010. to animal drug establishment fees is subject products have been removed To set animal drug product fees to assessed only 1 such fee per fiscal year. from listing under section 510 of the act realize $4,320,000, FDA must make (See 21 U.S.C. 379j-12(a)(3).) The term or has submitted an investigational some assumptions about the number of animal drug submission that has not products for which these fees will be ‘‘animal drug establishment’’ is defined in 21 U.S.C. 379j-11(4). The been terminated or otherwise rendered paid in FY 2010. FDA developed data inactive; and (2) had an animal drug establishment fees are to be set so that on all animal drug products that have application, supplemental animal drug they will generate $4,320,000 in fee been submitted for listing under section application, or investigational animal revenue for FY 2010. This is the amount 510 of the act, and matched this to the drug submission pending at FDA after list of all persons who had an animal set out in the statute and no adjustments September 1, 2003. (See 21 U.S.C. 379j- drug application or supplement pending are required for FY 2010. 11(6) and 379j-12(a)(4).) An animal drug after September 1, 2003. As of July 2009, To set animal drug establishment fees sponsor is subject to only one such fee FDA estimates that there are a total of to realize $4,320,000, FDA must make each fiscal year. (See 21 U.S.C. 379j- 776 products submitted for listing by some assumptions about the number of 12(a)(4).) The sponsor fees are to be set persons who had an animal drug establishments for which these fees will so that they will generate $4,320,000 in application or supplemental animal be paid in FY 2010. FDA developed data fee revenue for FY 2010. This is the drug application pending after on all animal drug establishments and amount set out in the statute, and no September 1, 2003. Based on this, FDA matched this to the list of all persons adjustments are required for FY 2010. estimates that a total of 776 products who had an animal drug application or To set animal drug sponsor fees to will be subject to this fee in FY 2010. supplement pending after September 1, realize $4,320,000, FDA must make In estimating the fee revenue to be 2003. As of July 2009, FDA estimates some assumptions about the number of generated by animal drug product fees sponsors who will pay these fees in FY in FY 2010, FDA is assuming that 10 that there are a total of 65 2010. Based on the number of firms that percent of the products invoiced, or establishments owned or operated by would have met this definition in each about 77.6, will not pay fees in FY 2010 persons who had an animal drug of the past 6 years, FDA estimates that due to fee waivers and reductions. application or supplemental animal a total of 161 sponsors will meet this Based on experience with other user fee drug application pending after definition in FY 2010. programs and the first 6 years of September 1, 2003. Based on this, FDA ADUFA, FDA believes that this is a believes that 65 establishments will be Careful review indicates that about reasonable basis for estimating the subject to this fee in FY 2010. one third or 33 percent of all of these number of fee-paying products in FY In estimating the fee revenue to be sponsors will qualify for minor use/ 2010. generated by animal drug establishment minor species waiver or reduction (21 U.S.C. 379j-12(d)(1)(C)). Based on the Accordingly, the agency estimates fees in FY 2010, FDA is assuming that agency’s experience to date with that a total of 698.4 (776 minus 77.6) 10 percent of the establishments sponsor fees, FDA’s current best products will be subject to product fees invoiced, or 6.5, will not pay fees in FY in FY 2010. estimate is that an additional 20 percent 2010 due to fee waivers and reductions. will qualify for other waivers or B. Product Fee Rates for FY 2010 Based on experience with the first 6 reductions, for a total of 53 percent of FDA must set the fee rates for FY 2010 years of ADUFA, FDA believes that this the sponsors invoiced, or 85.3, who will so that the estimated 698.4 products that is a reasonable basis for estimating the not pay fees in FY 2010 due to fee pay fees will generate a total of number of fee-paying establishments in waivers and reductions. FDA believes $4,320,000. To generate this amount FY 2010. that this is a reasonable basis for will require the fee for an animal drug Accordingly, the agency estimates estimating the number of fee-paying product, rounded to the nearest 5 that a total of 58.5 establishments (65 sponsors in FY 2010. dollars, to be $6,185. minus 6.5) will be subject to Accordingly, the agency estimates VI. Establishment Fee Calculations for establishment fees in FY 2010. that a total of 75.7 sponsors (161 minus 85.3) will be subject to and pay sponsor FY 2010 B. Establishment Fee Rates for FY 2010 fees in FY 2010. A. Establishment Fee Revenues and FDA must set the fee rates for FY 2010 Numbers of Fee-Paying Establishments B. Sponsor Fee Rates for FY 2010 so that the estimated 58.5 The animal drug establishment fee establishments that pay fees will FDA must set the fee rates for FY 2010 (also referred to as the establishment generate a total of $4,320,000. To so that the estimated 75.7 sponsors that fee) must be paid annually by the generate this amount will require the fee pay fees will generate a total of person who: (1) Owns or operates, for an animal drug establishment, $4,320,000. To generate this amount directly or through an affiliate, an rounded to the nearest 50 dollars, to be will require the fee for an animal drug animal drug establishment; (2) is named $73,850. sponsor, rounded to the nearest 50 as the applicant in an animal drug dollars, to be $57,100.

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VIII. Fee Schedule for FY 2010 The fee rates for FY 2010 are summarized in table 3 of this document.

TABLE 3.—FY 2010 FEE RATES

Animal Drug User Fee Category Fee Rate for FY 2010

Animal Drug Application Fees Animal Drug Application $290,400 Supplemental Animal Drug Application for Which Safety or Effectiveness Data Are Required or Animal Drug Application Subject to the Criteria Set Forth in Section 512(d)(4) of the Act $145,200

Animal Drug Product Fee $6,185

Animal Drug Establishment Fee1 $73,850

Animal Drug Sponsor Fee2 $57,100 1 An animal drug establishment is subject to only one such fee each fiscal year. 2 An animal drug sponsor is subject to only one such fee each fiscal year.

IX. Procedures for Paying the FY 2010 the courier may deliver the check and Online instructions will walk you Fees printed copy of the cover sheet to: U.S. through this process. Bank, Attn: Government Lockbox A. Application Fees and Payment Step Two—Create an Animal Drug 953877, 1005 Convention Plaza, St. Instructions User Cover Sheet, transmit it to FDA, Louis, MO 63101. (Note: This address is and print a copy. After logging into your The appropriate application fee for courier delivery only. If you have account with your user name and established in the new fee schedule any questions concerning courier password, complete the steps required must be paid for an animal drug delivery contact the U.S. Bank at 314– application or supplement subject to 418–4821. This telephone number is to create an Animal Drug User Fee fees under ADUFA that is submitted only for questions about courier Cover Sheet. One cover sheet is needed after September 30, 2009. Payment must delivery.) for each animal drug application or be made in U.S. currency by check, supplement. Once you are satisfied that The tax identification number of the bank draft, or U.S. postal money order the data on the cover sheet is accurate Food and Drug Administration is payable to the order of the Food and 530196965. (Note: In no case should the and you have finalized the cover sheet, Drug Administration, by wire transfer, payment for the fee be submitted to FDA you will be able to transmit it or electronically using Pay.gov. (The with the application.) electronically to FDA and you will be Pay.gov payment option is available to able to print a copy of your cover sheet It is helpful if the fee arrives at the you after you submit a cover sheet. Click showing your unique PIN. the ‘‘Pay Now’’ button.) On your check, bank at least a day or two before the bank draft, or U.S. postal money order, application arrives at FDA’s CVM. FDA Step Three—Send the payment for please write your application’s unique records the official application receipt your application as described in section Payment Identification Number (PIN), date as the later of the following: The IX.A of this document. beginning with the letters AD, from the date the application was received by Step Four—Please submit your upper right-hand corner of your FDA’s CVM, or the date U.S. Bank application and a copy of the completed completed Animal Drug User Fee Cover notifies FDA that your payment in the Animal Drug User Fee Cover Sheet to Sheet. Also write the FDA post office full amount has been received, or when the following address: Food and Drug box number (P.O. Box 953877) on the the U.S. Treasury notifies FDA of Administration, Center for Veterinary receipt of an electronic or wire transfer enclosed check, bank draft, or money Medicine, Document Control Unit payment. U.S. Bank and the U.S. order. Your payment and a copy of the (HFV–199), 7500 Standish Pl., Treasury are required to notify FDA completed Animal Drug User Fee Cover Rockville, MD 20855. Sheet can be mailed to: Food and Drug within 1 working day, using the PIN Administration, P.O. Box 953877, St. described previously. C. Product, Establishment, and Sponsor Louis, MO, 63195–3877. B. Application Cover Sheet Procedures Fees If payment is made by wire transfer, send payment to: U.S. Department of Step One—Create a user account and By December 31, 2009, FDA will issue Treasury, TREAS NYC, 33 Liberty St., password. Log on to the ADUFA Web invoices and payment instructions for New York, NY 10045, FDA Deposit site at http://www.fda.gov/ForIndustry/ product, establishment, and sponsor Account Number: 75060099, U.S. UserFees/AnimalDrugUserFeeAct fees for FY 2010 using this Fee Department of Treasury routing/transit ADUFA/default.htm and, under Tools Schedule. Payment will be due and number: 021030004, SWIFT Number: and Resources click ‘‘The Animal Drug payable within 30 days of issuance of FRNYUS33. You are responsible for any User Fee Cover Sheet’’ and then click the invoice. FDA will issue invoices in administrative costs associated with the ‘‘Create ADUFA User Fee Cover Sheet.’’ November 2010 for any products, processing of a wire transfer. Contact For security reasons, each firm establishments, and sponsors subject to your bank or financial institution submitting an application will be fees for FY 2010 that qualify for fees regarding additional fees. assigned an organization identification after the December 2009 billing. If you prefer to send a check by a number, and each user will also be courier such as Federal Express required to set up a user account and (FEDEX) or United Parcel Service (UPS), password the first time you use this site.

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Dated: July 28, 2009. in effect through September 30, 2010. categories, annual product fees and Jeffrey Shuren, Applications will not be accepted for annual sponsor fees, is $1,787,000 each, Associate Commissioner for Policy and review until the FDA has received full before any adjustment for workload is Planning. payment of related application fees and made (see 21 U.S.C. 379j–21(b)). [FR Doc. E9–18459 Filed 7–31–09; 8:45 am] any other fees owed under the Animal Generic Drug User Fee program. B. Inflation Adjustment to Fee Revenue BILLING CODE 4160–01–S Amount FOR FURTHER INFORMATION CONTACT: Visit the FDA Web site at http://www.fda.gov/ The amounts established in AGDUFA DEPARTMENT OF HEALTH AND ForIndustry/UserFees/Animal for each year for FY 2009 through FY HUMAN SERVICES GenericDrugUserFeeActAGDUFA/ 2013 include an inflation adjustment, so default.htm or contact Bryan Walsh, no inflation adjustment is required. Food and Drug Administration Center for Veterinary Medicine (HFV– [Docket No. FDA–2009–N–0340] 10), Food and Drug Administration, C. Workload Adjustment to Inflation 7529 Standish Pl., Rockville, MD 20855, Adjusted Fee Revenue Amount Animal Generic Drug User Fee Rates 240–276–9730. For general questions, For each FY beginning after FY 2009, and Payment Procedures for Fiscal you may also e-mail the Center for AGDUFA provides that statutory fee Year 2010 Veterinary Medicine (CVM) at: revenue amounts shall be further [email protected]. AGENCY: Food and Drug Administration, adjusted to reflect changes in review HHS. SUPPLEMENTARY INFORMATION: workload (21 U.S.C. 379j–21(c)(1)). ACTION: Notice. I. Background FDA calculated the average number of each of the four types of applications SUMMARY: The Food and Drug Section 741 of the act (21 U.S.C. 379j– and submissions specified in the Administration (FDA) is announcing the 21) establishes three different kinds of workload adjustment provision rates and payment procedures for fiscal user fees: (1) Fees for certain types of (abbreviated applications for generic year (FY) 2010 generic new animal drug abbreviated applications for generic new new animal drugs, manufacturing user fees. The Federal Food, Drug, and animal drugs, (2) annual fees for certain supplemental abbreviated applications Cosmetic Act (the act), as amended by generic new animal drug products, and for generic new animal drugs, the Animal Generic Drug User Fee Act (3) annual fees for certain sponsors of investigational generic new animal drug of 2008 (AGDUFA), authorizes FDA to abbreviated applications for generic new study submissions, and investigational collect user fees for certain abbreviated animal drugs and/or investigational generic new animal drug protocol applications for generic new animal submissions for generic new animal submissions) received over the 5-year drugs, on certain generic new animal drugs (21 U.S.C. 379j–21(a)). When period ended on September 30, 2008 drug products, and on certain sponsors certain conditions are met, FDA will (the base years), and the average number of such abbreviated applications for waive or reduce fees for generic new of each of these types of applications generic new animal drugs and/or animal drugs intended solely to provide and submissions over the most recent 5- investigational submissions for generic for a minor use or minor species year period that ended on June 30, 2009. new animal drugs. This notice indication (21 U.S.C. 379j–21(d)). establishes the fee rates for FY 2010. For FY 2009 through FY 2013, the act The results of these calculations are For FY 2010, the generic animal drug establishes aggregate yearly base presented in the first two columns of user fee rates are: $75,000 for each revenue amounts for each of these fee table 1 of this document. Column 3 abbreviated application for a generic categories. Base revenue amounts reflects the percent change in workload new animal drug; $3,255 for each established for years after FY 2009 may over the two 5-year periods. Column 4 generic new animal drug product; be adjusted for workload. Fees for shows the weighting factor for each type $54,050 for each generic new animal applications, products, and sponsors are of application, reflecting how much of drug sponsor paying 100 percent of the to be established each year by FDA so the total FDA generic new animal drug sponsor fee; $40,537 for each generic that the revenue for each fee category review workload was accounted for by new animal drug sponsor paying 75 will approximate the level established each type of application or submission percent of the sponsor fee; and $27,025 in the statute, after the level has been in the table during the most recent 5 for a generic new animal drug sponsor adjusted for workload. years. Column 5 of table 1 is the paying 50 percent of the sponsor fee. II. Revenue Amount for FY 2010 weighted percent change in each FDA will issue invoices for FY 2010 category of workload, and was derived product and sponsor fees by December A. Statutory Fee Revenue Amounts by multiplying the weighting factor in 31, 2009. These fees will be due and AGDUFA (Title II of Public Law 110– each line in column 4 by the percent payable within 30 days of the issuance 316 signed by the President on August change from the base years in column 3. of the invoices. 14, 2008) specifies that the aggregate At the bottom right of table 1, the sum The application fee rates are effective revenue amount for FY 2010 for of the values in column 5 is calculated, for all abbreviated applications for a abbreviated application fees is reflecting a total change in workload of generic new animal drug submitted on $1,532,000 and each of the other two negative 11.2 percent for FY 2010. This or after October 1, 2009, and will remain generic new animal drug user fee is the workload adjuster for FY2010.

TABLE 1.—WORKLOAD ADJUSTER CALCULATION

Column 1 Colum 5 Application type 5-Year Avg. (Base Column 2 Column 3 Column 4 Weighted Percent Years) Latest 5-Year Avg. Percent Change Weighting Factor Change

Abbreviated New Animal Drug Appli- cations (ANADAs) 44 .20 38 .00 -14% 59% -8 .3%

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TABLE 1.—WORKLOAD ADJUSTER CALCULATION—Continued

Column 1 Colum 5 Application type 5-Year Avg. (Base Column 2 Column 3 Column 4 Weighted Percent Years) Latest 5-Year Avg. Percent Change Weighting Factor Change

Manufacturing Supplements ANADAs 114.80 101.20 -12% 15% -1 .8%

Generic Investigational Study Sub- missions 18 .00 19.60 9% 10% .9%

Generic Investigational Protocol Sub- missions 21 .60 18 .80 -13% 16% -2.1%

FY 2010 AGDUFA Workload Adjuster -11 .2%

AGDUFA specifies that the workload abbreviated applications for generic new experience with these types of adjuster may not result in fees for a animal drugs. Any original submissions submissions during the second year of fiscal year that are less than the of abbreviated applications for generic other user fee programs. This statutory revenue amount (21 U.S.C. new animal drugs that were received by assumption is based on the fact that 379j–21(c)(1)(B)) for that fiscal year. the FDA before July 1, 2008, were not there were a limited number of original Because applying the workload adjuster assessed fees (21 U.S.C. 379j– submissions of abbreviated applications for FY 2010 would result in fees less 21(a)(1)(A)). Some of these nonfee for generic new animal drugs received than the statutory amount, the workload paying submissions were later by FDA before July 1, 2008, and which adjustment will not be applied in FY resubmitted after July 1 because the were not assessed fees. For these 2010. As a result, the statutory revenue initial submission was not approved by original submissions that were not amount for each category of fees for FY the FDA (i.e. the FDA marked the approved before July 1, 2008, 2010 ($1,532,000 for application fees submission as incomplete and requested resubmission to the FDA would trigger and $1,787,000 for both product and additional nonadministrative an application fee (21 U.S.C. 379j– sponsor fees) becomes the revenue information) or because the original 21(a)(1)(A)). Once these initial original target for the fees in FY 2010, for a total submission was withdrawn by the submissions of abbreviated applications inflation-adjusted fee revenue target in sponsor. Because these abbreviated for generic new animal drugs received FY 2010 of $5,106,000 for fees from all applications for generic new animal by the FDA before July 1, 2008, have three categories. drugs are resubmitted after July 1, 2008, either been withdrawn or resubmitted, they are assessed fees. In this notice, ‘‘reactivation submissions’’ will cease III. Abbreviated Application Fee FDA refers to these resubmitted completely. This reduction is consistent Calculations for FY 2010 applications as ‘‘reactivated’’ with estimates made when this user fee The term ‘‘abbreviated application for applications. program was in the development a generic new animal drug’’ is defined Regarding original submissions of process. During FY 2009, FDA estimates in 21 U.S.C. 379j–21(k)(1). abbreviated applications for generic new it will receive only 3 reactivated animal drugs, FDA is assuming that the submissions of abbreviated applications A. Application Fee Revenues and number of applications that will pay for generic new animal drugs, compared Numbers of Fee-Paying Applications fees in FY 2010 will equal 30-percent to average receipts of 18.2 per year over The application fee must be paid for less than the average number of the most recent 5 years, including our abbreviated applications for a generic submissions over the 5 most recent estimate for FY 2009. Applying a 50- new animal drug that is subject to fees years. This 30-percent reduction is percent reduction to the 18.2 average, under AGDUFA and that is submitted made because of the anticipated impact the estimate for reactivated submissions on or after July 1, 2008. The application of fees on the number on submissions. of abbreviated applications for generic fees are to be set so that they will During FY 2010, FDA estimates it will new animal drugs for FY 2010 is 9.1. generate $1,532,000 in fee revenue for receive only 5 original submissions of These reductions may not fully account FY 2010. This is the amount set out in abbreviated applications for generic new for possible year to year fluctuations in the statute. animal drugs, compared to average numbers of fee-paying applications, but To set fees for abbreviated receipts of 16.2 per year over the latest FDA believes that this is a reasonable applications for generic new animal 5 years, including our FY 2009 estimate. approach after about 6 years of drugs to realize $1,532,000, FDA must Applying a 30-percent reduction to the experience with a similar user fee first make some assumptions about the 16.2 average, the estimate for original program. number of fee-paying abbreviated submissions of abbreviated applications Based on the previous assumptions, applications it will receive during FY for generic new animal drugs for FY FDA is estimating that it will receive a 2010. 2010 is 11.3. (If the number of original total of 20.4 fee paying generic new The agency knows the number of submissions of abbreviated applications animal drug applications in FY 2010 applications that have been submitted for generic new animal drugs does not (11.3 original applications and 9.1 in previous years. That number increase over the next year, a higher reactivations). fluctuates significantly from year to percent reduction will have to be year. FDA is making estimates and applied a year from now when fees are B. Fee Rates for FY 2010 applying different assumptions for two set for FY 2011.) FDA must set the fee rates for FY 2010 types of submissions: Original Regarding reactivated submissions of so that the estimated 20.4 abbreviated submissions of abbreviated applications abbreviated applications for generic new applications that pay the fee will for generic new animal drugs and animal drugs, FDA is applying a 50- generate a total of $1,532,000. To ‘‘reactivated’’ submissions of percent reduction based on the FDA’s generate this amount, the fee for a

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generic new animal drug application, assuming that 10 percent of the number of sponsors who will pay these rounded to the nearest hundred dollars, products invoiced, or 61, will not pay fees in FY 2010. Based on the number will have to be $75,000. fees in FY 2010 due to fee waivers and of firms that meet this definition, FDA reductions. Based on experience with estimates that in FY 2010, 11 sponsors IV. Generic New Animal Drug Product other user fee programs and the first 6 will pay 100 percent fees, 11 sponsors Fee Calculations for FY 2010 years of ADUFA, FDA believes that this will pay 75 percent fees, and 35 A. Product Fee Revenues and Numbers is a reasonable basis for estimating the sponsors will pay 50 percent fees. That of Fee-Paying Products number of fee-paying products in FY totals the equivalent of 36.75 full The generic new animal drug product 2010. sponsor fees (11 times 100 percent or fee (also referred to as the product fee) Accordingly, the agency estimates 11, plus 11 times 75 percent or 8.25, must be paid annually by the person that a total of 549 (610 minus 61) plus 35 times 50 percent or 17.5). named as the applicant in an products will be subject to product fees FDA estimates that about 10 percent abbreviated new animal drug in FY 2010. of all of these sponsors, or 3.675, may qualify for a minor use/minor species application or supplemental abbreviated B. Product Fee Rates for FY 2010 application for generic new animal waiver. FDA must set the fee rates for FY 2010 Accordingly, the agency estimates drugs for an animal drug product so that the estimated 549 products that that the equivalent of 33.075 full submitted for listing under section 510 pay fees will generate a total of sponsor fees (36.75 minus 3.675) are of the act (21 U.S.C. 360), and who had $1,787,000. To generate this amount likely to be paid in FY 2010. an abbreviated application for a generic will require the fee for a generic new new animal drug or supplemental B. Sponsor Fee Rates for FY 2010 animal drug product, rounded to the abbreviated application for a generic nearest five dollars, to be $3,255. FDA must set the fee rates for FY 2010 new animal drug pending at FDA after so that the estimated equivalent of September 1, 2008 (see 21 U.S.C. 379j– V. Generic New Animal Drug Sponsor 33.075 full sponsor fees will generate a 21(a)(2)). The term ‘‘generic new animal Fee Calculations for FY 2010 total of $1,787,000. To generate this drug product’’ means each specific A. Sponsor Fee Revenues and Numbers amount will require the 100-percent fee strength or potency of a particular active of Fee-Paying Sponsors for a generic new animal drug sponsor, ingredient or ingredients in final dosage rounded to the nearest $50, to be form marketed by a particular The generic new animal drug sponsor $54,050. Accordingly, the fee for those manufacturer or distributor, which is fee (also referred to as the sponsor fee) paying 75 percent of the full sponsor uniquely identified by the labeler code must be paid annually by each person fee, rounded to the nearest $5, will be and product code portions of the who: (1) is named as the applicant in an $40,537, and the fee for those paying 50 national drug code, and for which an abbreviated application for a new percent of the full sponsor fee will be abbreviated application for a generic generic animal drug, except for an $27,025. new animal drug or supplemental approved application for which all abbreviated application for a generic subject products have been removed VI. Fee Schedule for FY 2010 new animal drug has been approved (21 from listing under section 510 of the act, The fee rates for FY 2010 are U.S.C. 379j–21(k)(6)). The product fees or has submitted an investigational summarized in table 2 of this document. are to be set so that they will generate submission for a generic new animal $1,787,000 in fee revenue for FY 2010. drug that has not been terminated or TABLE 2.—FY 2010 FEE RATES This is the amount set out in the statute otherwise rendered inactive; and (2) had and no further adjustments are required an abbreviated application for a generic Generic New Animal Drug User Fee Rate for FY 2010. new animal drug, supplemental Fee Category for FY 2010 To set generic new animal drug abbreviated application for a generic product fees to realize $1,787,000, FDA new animal drug, or investigational Abbreviated Application Fee for Generic New Animal Drug must make some assumptions about the submission for a generic new animal Application $75,000 number of products for which these fees drug pending at FDA after September 1, will be paid in FY 2010. FDA gathered 2008 (see 21 U.S.C. 379j–21(k)(7) and Generic New Animal Drug data on all generic new animal drug 379j–21(a)(3)). A generic new animal Product Fee $3,255 products that have been submitted for drug sponsor is subject to only one such listing under section 510 of the act, and fee each fiscal year (see 21 U.S.C. 379j– 100 Percent Generic New Ani- (1) matched this to the list of all persons 21(a)(3)(B)). Applicants with more than mal Drug Sponsor Fee $54,050 who FDA estimated would have an 6 approved abbreviated applications 75 Percent Generic New Ani- mal Drug Sponsor Fee(1) $40,537 abbreviated new animal drug will pay 100 percent of the sponsor fee, 50 Percent Generic New Ani- application or supplemental abbreviated applicants with 2 to 6 approved mal Drug Sponsor Fee(1) $27,025 application pending after September 1, abbreviated applications will pay 75 2008. FDA estimates a total of 610 percent of the sponsor fee, and (1) An animal drug sponsor is subject to only one fee each fiscal year products submitted for listing by applicants with 1 or fewer approved persons who had an abbreviated abbreviated applications will pay 50 VII. Procedures for Paying FY 2010 application for a generic new animal percent of the sponsor fee (see 21 U.S.C. Generic New Animal Drug User Fees drug or supplemental abbreviated 379j–21(a)(3)(B)). The sponsor fees are application for a generic new animal to be set so that they will generate A. Abbreviated Application Fees and drug pending after September 1, 2008. $1,787,000 in fee revenue for FY 2010. Payment Instructions Based on this, FDA believes that a total This is the amount set out in the statute The FY 2010 fee established in the of 610 products will be subject to this and no adjustments are required for FY new fee schedule must be paid for an fee in FY 2010. 2010. abbreviated new animal drug In estimating the fee revenue to be To set generic new animal drug application subject to fees under generated by generic new animal drug sponsor fees to realize $1,787,000, FDA AGDUFA that is submitted on or after product fees in FY 2010, FDA is must make some assumptions about the October 1, 2009. Payment must be made

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in U.S. currency by check, bank draft, or required to notify FDA within one DEPARTMENT OF HEALTH AND U.S. postal money order payable to the working day, using the Payment HUMAN SERVICES order of the Food and Drug Identification Number described Administration, by wire transfer, or by previously. Food and Drug Administration automatic clearing house (ACH) using B. Application Cover Sheet Procedures [Docket No. FDA–2009–D–0347] Pay.gov. (The Pay.gov payment option is available to you after you submit a cover Step One—Create a user account and Draft Guidance for Industry: Guide to sheet. Click the ‘‘Pay Now’’ button). On password. Log onto the AGDUFA Minimize Microbial Food Safety your check, bank draft, U.S. or postal website at http://www.fda.gov/ Hazards of Melons; Availability money order, please write your ForIndustry/UserFees/Animal application’s unique Payment GenericDrugUserFeeActAGDUFA/ AGENCY: Food and Drug Administration, Identification Number, beginning with ucm137049.htm and scroll down the HHS. the letters ‘‘AG’’, from the upper right- page until you find the link ‘‘Create ACTION: Notice. hand corner of your completed Animal AGDUFA User Fee Cover Sheet.’’ Click Generic Drug User Fee Cover Sheet. on that link and follow the directions. SUMMARY: The Food and Drug Also write the FDA post office box For security reasons, each firm Administration (FDA) is announcing the number (PO Box 953877) on the submitting an application will be availability of a draft guidance entitled enclosed check, bank draft, or money assigned an organization identification ‘‘Guidance for Industry: Guide to order. Your payment and a copy of the number, and each user will also be Minimize Microbial Food Safety completed Animal Generic Drug User required to set up a user account and Hazards of Melons.’’ This draft guidance Fee Cover Sheet can be mailed to: Food password the first time you use this site. is intended to cover the entire melon and Drug Administration, P.O. Box Online instructions will walk you supply chain, both domestic firms and 953877, St. Louis, MO, 63195–3877. through this process. foreign firms exporting melons into the If payment is made via wire transfer, Step Two—Create an Animal Generic United States, to enhance the safety of send payment to U. S. Department of the Drug User Fee Cover Sheet, transmit it melons by recommending practices to Treasury, TREAS NYC, 33 Liberty St., to FDA, and print a copy. After logging minimize microbial food safety hazards New York, NY 10045, Account Name: into your account with your user name and to prevent microbial contamination. Food and Drug Administration, Account and password, complete the steps This draft guidance, when finalized, Number: 75060099, Routing Number: required to create an Animal Generic will supplement existing FDA 021030004, Swift Number: FRNYUS33. Drug User Fee Cover Sheet. One cover guidances, including the 1998 You are responsible for any sheet is needed for each abbreviated ‘‘Guidance to Industry: Guide to administrative costs associated with the animal drug application. Once you are Minimize Microbial Food Safety processing of a wire transfer. Contact satisfied that the data on the cover sheet Hazards for Fresh Fruits and your bank or financial institution is accurate and you have finalized the Vegetables,’’ which applies to fresh regarding the amount of the fees that Cover Sheet, you will be able to transmit produce commodities, and the 2008 need to be paid in addition to the wire it electronically to FDA and you will be ‘‘Guidance to Industry: Guide to transfer amount. able to print a copy of your cover sheet Minimize Microbial Food Safety If you prefer to send a check by a showing your unique Payment Hazards of Fresh-cut Fruits and courier such as FEDEX or UPS, the Identification Number. Vegetables,’’ which applies to fresh-cut courier may deliver the check and Step Three—Send the Payment for produce. printed copy of the cover sheet to: US your application as described in Section DATES: Although you can comment on Bank, Attn: Government Lockbox VII.A of this document. any guidance at any time (see 21 CFR 953877, 1005 Convention Plaza, St. Step Four—Please submit your 10.115(g)(5)), to ensure that the agency Louis, Missouri 63101. (Note: This application and a copy of the completed considers your comment on this draft address is for courier delivery only. If Animal Generic Drug User Fee Cover guidance before it begins work on the you have any questions concerning Sheet to the following address: Food final version of the guidance, submit courier delivery contact the US Bank at and Drug Administration, Center for written or electronic comments on the 314–418–4821. This phone number is Veterinary Medicine, Document Control draft guidance by October 2, 2009. only for questions about courier Unit (HFV–199), 7500 Standish Pl., ADDRESSES: Submit written requests for delivery.) Rockville, MD 20855. The tax identification number of the single copies of the draft guidance to the Food and Drug Administration is C. Product and Sponsor Fees Office of Food Safety (HFS–317), Center 530196965. (Note: In no case should the for Food Safety and Applied Nutrition, By December 31, 2009, FDA will issue 5100 Paint Branch Pkwy., College Park, payment for the fee be submitted to FDA invoices and payment instructions for with the application.) MD 20740. Send one self-addressed product and sponsor fees for FY 2010 adhesive label to assist that office in It is helpful if the fee arrives at the using this fee schedule. Fees will be due bank at least a day or two before the processing your request, or fax your and payable 30 days after the issuance request to 301–436–2651. Submit abbreviated application arrives at FDA’s of the invoices. FDA will issue invoices Center for Veterinary Medicine. FDA written comments on the draft guidance in November 2010 for any products and to the Division of Dockets Management records the official abbreviated sponsors subject to fees for FY 2010 that application receipt date as the later of (HFA–305), Food and Drug qualify for fees after the December 2009 Administration, 5630 Fishers Lane, rm. the following: The date the application billing. was received by FDA’s Center for 1061, Rockville, MD 20852. Submit Veterinary Medicine, or the date US Dated: July 28, 2009. electronic comments to http:// Bank notifies FDA that your payment in Jeffrey Shuren, www.regulations.gov. See the the full amount has been received, or Associate Commissioner for Policy and SUPPLEMENTARY INFORMATION section for when the U. S. Department of the Planning. electronic access to the draft guidance. Treasury notifies FDA of payment. US [FR Doc. E9–18458 Filed 7–31–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: Bank and the United States Treasury are BILLING CODE 4160–01–S Willette Crawford, Center for Food

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Safety and Applied Nutrition (HFS– comment on each proposed collection of ACTION: Notice. 317), Food and Drug Administration, information before submitting the 5100 Paint Branch Pkwy., College Park, collection to OMB for approval. To SUMMARY: The Food and Drug MD 20740, 301–436–1111. comply with this requirement, FDA will Administration (FDA) is announcing the SUPPLEMENTARY INFORMATION: publish a 60-day notice on the proposed availability of a draft guidance entitled collection of information in a future ‘‘Guidance for Industry: Guide to I. Background issue of the Federal Register. Minimize Microbial Food Safety FDA is announcing the availability of Hazards of Tomatoes.’’ This guidance is a draft guidance entitled ‘‘Guidance for III. Comments intended to cover the entire tomato Industry: Guide to Minimize Microbial Interested persons may submit to the supply chain, both domestic firms and Food Safety Hazards of Melons.’’ This Division of Dockets Management (see foreign firms exporting tomatoes into draft guidance covers melons that are ADDRESSES) written or electronic the United States, to enhance the safety grown and harvested for fresh market comments regarding this document. of tomatoes by recommending practices (i.e., fresh, unprocessed form) or for Submit a single copy of electronic to minimize microbial food safety ‘‘fresh-cut/value-added products’’ (i.e., comments or two paper copies of any hazards and to prevent microbial minimally processed, such as trimmed, mailed comments, except that contamination. This draft guidance, peeled, sliced or diced, and then bagged individuals may submit one paper copy. when finalized, will supplement or prepackaged), cooled, shipped to Comments are to be identified with the existing FDA guidances, including the retail, wholesale or for processing, and docket number found in brackets in the 1998 ‘‘Guidance for Industry: Guide to offered for sale to the consumer. The heading of this document. The draft Minimize Microbial Food Safety term ‘‘melons’’ as used in this draft guidance and received comments may Hazards for Fresh Fruits and guidance includes raw agricultural be seen in the Division of Dockets Vegetables,’’ which applies to fresh commodities and fresh-cut/value-added Management between 9 a.m. and 4 p.m., produce commodities, and the 2008 products derived from cantaloupe (also Monday through Friday. ‘‘Guidance for Industry: Guide to known as muskmelons), honeydew, Minimize Microbial Food Safety watermelon, and variety melons (e.g., IV. Electronic Access Hazards of Fresh-cut Fruits and ‘‘Canary,’’ ‘‘Crenshaw,’’ and ‘‘Galia’’). Persons with access to the Internet Vegetables,’’ which applies to fresh-cut This draft guidance is based primarily may obtain the draft guidance at either produce. on melon industry guidelines issued in http://www.fda.gov/FoodGuidances or DATES: Although you can comment on 2005 (Ref. 1), along with agency http://www.regulations.gov. any guidance at any time (see 21 CFR experience and information from other V. References 10.115(g)(5)), to ensure that the agency recent public and private programs. considers your comment on this draft FDA is issuing this draft guidance as The following reference has been guidance before it begins work on the Level 1 draft guidance consistent with placed on display in the Division of final version of the guidance, submit FDA’s good guidance practices Dockets Management, 5630 Fishers written or electronic comments on the regulation (21 CFR 10.115). The draft Lane, rm. 1061, Rockville, MD 20852 draft guidance by October 2, 2009. guidance, when finalized, will represent and may be seen by interested persons ADDRESSES: Submit written requests for the agency’s current thinking on the between 9 a.m. and 4 p.m., Monday single copies of the draft guidance to the microbiological hazards presented by through Friday. Office of Food Safety (HFS–317), Center fresh and fresh-cut melons and the 1. Fleming, P., Pool, W., and Gorny, J., for Food Safety and Applied Nutrition, recommended control measures for such editors; ‘‘Commodity Specific Food Safety 5100 Paint Branch Pkwy., College Park, hazards in production and harvesting, Guidelines for the Melon Supply Chain’’ (1st MD 20740. Send one self-addressed postharvest operations, processing, ed.); Produce Marketing Association and adhesive label to assist that office in distribution, and retail and food service United Fresh Produce Association; November handling of such produce. It does not 7, 2005. Accessed online at http:// processing your request, or fax your create or confer any rights for or on any www.fda.gov/Food/FoodSafety/Product- request to 301–436–2651. Submit SpecificInformation/FruitsVegetablesJuices/ person and does not operate to bind written comments on the draft guidance GuidanceComplianceRegulatoryInformation/ to the Division of Dockets Management FDA or the public. An alternative ucm168609.htm. approach may be used if such approach (HFA–305), Food and Drug satisfies the requirements of the Dated: July 28, 2009. Administration, 5630 Fishers Lane, rm. applicable statutes and regulations. Jeffrey Shuren, 1061, Rockville, MD 20852. Submit Associate Commissioner for Policy and electronic comments to http:// II. Paperwork Reduction Act of 1995 Planning. www.regulations.gov. See the Under the Paperwork Reduction Act [FR Doc. E9–18452 Filed 7–31–09; 8:45 am] SUPPLEMENTARY INFORMATION section for of 1995 (the PRA) (44 U.S.C. 3501– BILLING CODE 4160–01–S electronic access to the draft guidance. 3520), Federal agencies must obtain FOR FURTHER INFORMATION CONTACT: approval from the Office of Management Michelle A. Smith, Center for Food and Budget (OMB) for each collection of DEPARTMENT OF HEALTH AND Safety and Applied Nutrition (HFS– information they conduct or sponsor. HUMAN SERVICES 317), Food and Drug Administration, ‘‘Collection of information’’ is defined 5100 Paint Branch Pkwy., College Park, in 44 U.S.C. 3502(3) and 5 CFR Food and Drug Administration MD 20740, 301–436–2024. 1320.3(c) and includes agency requests SUPPLEMENTARY INFORMATION: or requirements that members of the [Docket No. FDA–2009–D–0346] I. Background public submit reports, keep records, or Draft Guidance for Industry: Guide to provide information to a third party. Minimize Microbial Food Safety FDA is announcing the availability of Section 3506(c)(2)(A) of the PRA (44 Hazards of Tomatoes; Availability a draft guidance entitled ‘‘Guidance for U.S.C. 3506(c)(2)(A)) requires Federal Industry: Guide to Minimize Microbial agencies to publish notice in the AGENCY: Food and Drug Administration, Food Safety Hazards of Tomatoes.’’ This Federal Register soliciting public HHS. draft guidance covers the growing,

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harvesting, packing, processing, and III. Comments leafy greens supply chain, both distribution of tomatoes, along with Interested persons may submit to the domestic firms and foreign firms retail and food service preparation. Division of Dockets Management (see exporting leafy greens products into the United States, to enhance the safety of Such tomatoes may be grown and ADDRESSES) written or electronic harvested either from an open field or comments regarding this document. leafy greens by recommending practices a greenhouse; they may be packed or Submit a single copy of electronic to minimize microbial food safety repacked either for the fresh market or comments or two paper copies of any hazards and to prevent microbial contamination. This draft guidance, for ‘‘fresh-cut/value-added processing’’ mailed comments, except that when finalized, will supplement (i.e., minimally processed, such as by individuals may submit one paper copy. existing FDA guidances, including the slicing or dicing, and then bagged or Comments are to be identified with the 1998 ‘‘Guidance to Industry: Guide to prepackaged); and then shipped either docket number found in brackets in the Minimize Microbial Food Safety to food service operations or retail heading of this document. The draft Hazards for Fresh Fruits and establishments where they are offered guidance and received comments may Vegetables,’’ which applies to fresh for sale to the consumer. The use of the be seen in the Division of Dockets produce commodities, and the 2008 term ‘‘tomatoes’’ in this document Management between 9 a.m. and 4 p.m., ‘‘Guidance to Industry: Guide to includes raw agricultural commodities Monday through Friday. and fresh-cut/value-added products. Minimize Microbial Food Safety This draft guidance is based primarily IV. Electronic Access Hazards of Fresh-cut Fruits and on tomato industry guidelines issued in Persons with access to the Internet Vegetables,’’ which applies to fresh-cut July 2008 (Ref. 1), along with agency may obtain the draft guidance at either produce. experience and information from other http://www.fda.gov/FoodGuidances or DATES: Although you can comment on recent public and private programs. http://www.regulations.gov. any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the agency FDA is issuing this draft guidance as V. References considers your comment on this draft Level 1 draft guidance consistent with guidance before it begins work on the FDA’s good guidance practices The following reference has been final version of the guidance, submit regulation (21 CFR 10.115). The draft placed on display in the Division of written or electronic comments on the guidance, when finalized, will represent Dockets Management, 5630 Fishers draft guidance by October 2, 2009. the agency’s current thinking on the Lane, rm. 1061, Rockville, MD 20852 ADDRESSES: microbiological hazards that may result and may be seen by interested persons Submit written requests for between 9 a.m. and 4 p.m., Monday in contamination of fresh and fresh-cut single copies of the draft guidance to the through Friday. tomatoes and the recommended control Office of Food Safety (HFS–317), Center 1. North American Tomato Trade for Food Safety and Applied Nutrition, measures for such hazards in the Workgroup and United Fresh Produce 5100 Paint Branch Pkwy., College Park, growing, harvesting, packing, Association. ‘‘Commodity Specific Food MD 20740. Send one self-addressed processing, and distribution of Safety Guidelines for the Fresh Tomato adhesive label to assist that office in tomatoes, along with retail and food Supply Chain.’’ 2d ed., July 2008. Accessed processing your request, or fax your service preparation. It does not create or online at http://www.fda.gov/Food/ request to 301–436–2651. Submit confer any rights for or on any person FoodSafety/Product-SpecificInformation/ written comments on the draft guidance and does not operate to bind FDA or the FruitsVegetablesJuices/GuidanceCompliance to the Division of Dockets Management public. An alternative approach may be RegulatoryInformation/ucm171695.htm. (HFA–305), Food and Drug used if such approach satisfies the Dated: July 28, 2009. Administration, 5630 Fishers Lane, rm. requirements of the applicable statutes Jeffrey Shuren, 1061, Rockville, MD 20852. Submit and regulations. Associate Commissioner for Policy and electronic comments to http:// Planning. II. Paperwork Reduction Act of 1995 www.regulations.gov. See the [FR Doc. E9–18453 Filed 7–31–09; 8:45 am] SUPPLEMENTARY INFORMATION section for Under the Paperwork Reduction Act BILLING CODE 4160–01–S electronic access to the draft guidance. of 1995 (the PRA) (44 U.S.C. 3501– FOR FURTHER INFORMATION CONTACT: 3520), Federal agencies must obtain Amy Green, Center for Food Safety and approval from the Office of Management DEPARTMENT OF HEALTH AND HUMAN SERVICES Applied Nutrition (HFS–317), Food and and Budget (OMB) for each collection of Drug Administration, 5100 Paint Branch information they conduct or sponsor. Food and Drug Administration Pkwy., College Park, MD 20740, 301– ‘‘Collection of information’’ is defined 436–2025. [Docket No. FDA–2009–D–0348] in 44 U.S.C. 3502(3) and 5 CFR SUPPLEMENTARY INFORMATION: 1320.3(c) and includes agency requests or requirements that members of the Draft Guidance for Industry: Guide to I. Background Minimize Microbial Food Safety public submit reports, keep records, or FDA is announcing the availability of Hazards of Leafy Greens; Availability provide information to a third party. a draft guidance entitled ‘‘Guidance for Section 3506(c)(2)(A) of the PRA (44 AGENCY: Food and Drug Administration, Industry: Guide to Minimize Microbial U.S.C. 3506(c)(2)(A)) requires Federal HHS. Food Safety Hazards of Leafy Greens.’’ agencies to publish notice in the ACTION: Notice. This draft guidance covers leafy greens Federal Register soliciting public that are grown and harvested then comment on each proposed collection of SUMMARY: The Food and Drug packed or cooled for fresh market or for information before submitting the Administration (FDA) is announcing the ‘‘fresh-cut/value-added processing’’ (i.e., collection to OMB for approval. To availability of a draft guidance entitled minimally processed, such as chopped comply with this requirement, FDA will ‘‘Guidance for Industry: Guide to or shredded, moved through a series of publish a 60-day notice on the proposed Minimize Microbial Food Safety washes, and then bagged or collection of information in a future Hazards of Leafy Greens.’’ This draft prepackaged), shipped to food service or issue of the Federal Register. guidance is intended to cover the entire retail establishments, and offered for

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sale to the consumer. The term ‘‘leafy in 44 U.S.C. 3502(3) and 5 CFR the Web site after this document publishes in greens’’ as used in this draft guidance 1320.3(c) and includes agency requests the Federal Register.) includes raw agricultural commodities or requirements that members of the Dated: July 28, 2009. and fresh-cut/value-added products. public submit reports, keep records, or Jeffrey Shuren, Examples of leafy greens include iceberg provide information to a third party. Associate Commissioner for Policy and lettuce, romaine lettuce, leaf lettuce, Section 3506(c)(2)(A) of the PRA (44 Planning. butter lettuce, baby leaf lettuce U.S.C. 3506(c)(2)(A)) requires Federal [FR Doc. E9–18451 Filed 7–31–09; 8:45 am] (immature lettuce or leafy greens), agencies to publish notice in the BILLING CODE 4160–01–S escarole, endive, spring mix, spinach, Federal Register soliciting public cabbage, kale, arugula, and chard. Leafy comment on each proposed collection of greens do not include herbs such as information before submitting the DEPARTMENT OF HEALTH AND cilantro and parsley. collection to OMB for approval. To HUMAN SERVICES This draft guidance is based primarily comply with this requirement, FDA will on leafy greens industry guidelines publish a 60-day notice on the proposed National Institutes of Health issued in 2006 (Ref. 1), along with collection of information in a future agency experience and information from issue of the Federal Register. Government-Owned Inventions; other recent public and private Availability for Licensing programs. The leafy greens industry has III. Comments AGENCY: since updated and supplemented its Interested persons may submit to the National Institutes of Health, 2006 guidelines with additional Division of Dockets Management (see Public Health Service, HHS. recommendations on the production ADDRESSES) written or electronic ACTION: Notice. and harvest of leafy greens that include comments regarding this document. SUMMARY: The inventions listed below quantitative metrics and measures to Submit a single copy of electronic are owned by an agency of the U.S. assist industry in implementing the comments or two paper copies of any Government and are available for guidelines (Ref. 2). This draft guidance mailed comments, except that licensing in the U.S. in accordance with does not include these more specific individuals may submit one paper copy. 35 U.S.C. 207 to achieve expeditious and quantitative metrics and measures. Comments are to be identified with the We are considering the extent to which commercialization of results of docket number found in brackets in the Federally-funded research and more specific measures, including heading of this document. The draft metrics, should be utilized to help development. Foreign patent guidance and received comments may applications are filed on selected verify the implementation and efficacy be seen in the Division of Dockets of the Federal recommendations and inventions to extend market coverage Management between 9 a.m. and 4 p.m., for companies and may also be available industry practices. We are also Monday through Friday. evaluating the extent to which metrics for licensing. can be applied to diverse geographic IV. Electronic Access ADDRESSES: Licensing information and areas within the United States and Persons with access to the Internet copies of the U.S. patent applications internationally. FDA invites comment may obtain the draft guidance at either listed below may be obtained by writing on whether such information should be http://www.fda.gov/FoodGuidances or to the indicated licensing contact at the incorporated into the guidance, when http://www.regulations.gov. Office of Technology Transfer, National finalized. Institutes of Health, 6011 Executive FDA is issuing this draft guidance as V. References Boulevard, Suite 325, Rockville, Level 1 draft guidance consistent with The following references have been Maryland 20852–3804; telephone: 301/ FDA’s good guidance practices placed on display in the Division of 496–7057; fax: 301/402–0220. A signed regulation (21 CFR 10.115). The draft Dockets Management, 5630 Fishers Confidential Disclosure Agreement will guidance, when finalized, will represent Lane, rm. 1061, Rockville, MD 20852 be required to receive copies of the the agency’s current thinking on the and may be seen by interested persons patent applications. microbiological hazards presented by between 9 a.m. and 4 p.m., Monday Treatment of Cancer Using Metal fresh and fresh-cut leafy greens products through Friday. Coordinating Compounds That Kill and the recommended control measures 1. Gorny, J., et al., editors, ‘‘Commodity Multi-Drug Resistant Cancer Cells for such hazards in production and Specific Food Safety Guidelines for the harvesting, postharvest operations, Lettuce and Leafy Greens Supply Chain’’ (1st Description of Invention: One of the processing, distribution, and retail and ed.); International Fresh-cut Produce major hindrances to successful cancer food service handling of such produce. Association, Produce Marketing Association, chemotherapy is the development of United Fresh Fruit and Vegetable It does not create or confer any rights for multi-drug resistance (MDR) in cancer Association, Western Growers Association; cells. MDR is frequently caused by the or on any person and does not operate April 25, 2006. Accessed online at http:// to bind FDA or the public. An www.fda.gov/Food/FoodSafety/Product- increased expression or activity of ABC alternative approach may be used if SpecificInformation/FruitsVegetablesJuices/ transporter proteins in response to the such approach satisfies the GuidanceComplianceRegulatoryInformation/ toxic agents used in chemotherapy. requirements of the applicable statutes ucm168630.htm. Research has generally been directed to and regulations. 2. See ‘‘Commodity Specific Food Safety overcoming MDR by inhibiting the Guidelines for the Production and Harvest of activity of ABC transporters. However, II. Paperwork Reduction Act of 1995 Lettuce and Leafy Greens’’; Produce compounds that inhibit ABC transporter Under the Paperwork Reduction Act Marketing Association, United Fresh Fruit activity often elicit strong and of 1995 (the PRA) (44 U.S.C. 3501– and Vegetable Association, and Western undesirable side-effects, restricting their Growers Association; last revised June 13, 3520), Federal agencies must obtain 2008. Accessed online at http:// usefulness as therapeutics. approval from the Office of Management www.caleafygreens.ca.gov/trade/documents/ In an alternative approach to reducing and Budget (OMB) for each collection of LGMAAcceptedGAPs06.13.08.pdf. (FDA has the debilitating effects of MDR during information they conduct or sponsor. verified the Web site address, but FDA is not cancer therapy, scientists at the NIH ‘‘Collection of information’’ is defined responsible for any subsequent changes to have identified a family of compounds

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whose activities are enhanced, rather selective activity toward multidrug- failed to express increased levels of than decreased, in MDR cancer cells. resistant cells. J Med Chem. 2009 May biomarkers for liver damage and prevent Particular embodiments of these ‘‘MDR- 28;52(10):3191–3204. hypertriglyceridemia. Furthermore, selective compounds’’ include certain • U.S. Patent Application Publication treated mice show a reduced level of metal coordinating compounds. Recent 20080214606 A1 (U.S. Patent pro-atherogenic lipoproteins. This evidence suggests that these MDR- Application 11/629,233). technology demonstrates specific selective compounds can be used to kill Licensing Status: Available for control of lipid efflux and transport; a cancer cells that overexpress ABC licensing. desirable property that gives it a transporters or to re-sensitize multi-drug Licensing Contact: David A. significant advantage for treating or resistant cancer cells to Lambertson, Ph.D.; 301–435–4632; preventing a vast range of vascular chemotherapeutics. Furthermore, the [email protected]. diseases and their dyslipidemic effectiveness of these compositions in Collaborative Research Opportunity: precursors. killing MDR cancer cells correlates The Institute of Enzymology is seeking This technology also encompasses a directly with the level of ABC statements of capability or interest from method for identifying non-cytotoxic transporter expression. Importantly, parties interested in collaborative peptides that promote lipid efflux from MDR-selective compounds are not research to further develop, evaluate, or cells and activates lipoprotein lipase. inhibitors of ABC transporters, thereby commercialize MDR-selective compounds. Please contact John D. Applications and Advantages reducing the likelihood of undesirable Hewes, Ph.D. at 301–435–3121 or side-effects during treatment. Thus, • Peptide treatment of dyslipidemic [email protected] for more MDR-selective compounds represent a and vascular disorders. information. • powerful strategy for treating multi-drug Transient hypertriglyceridemia with no reported toxicity. resistant cancers as a direct Non Toxic Peptide Treatment for • chemotherapeutic and as agents that can Dyslipidemic and Vascular Disorders Method of identifying therapeutic non-cytotoxic peptides. re-sensitize MDR cancer cells for Description of Invention: treatment with additional Development Status: Pre-clinical. Dyslipidemia and vascular disorders Inventor: Alan T. Remaley and chemotherapeutic agents. such as hyperlipidemia, Marcelo Amar (NHLBI). Applications hypercholesterolemia, HDL deficiency, Publication: AT Remaley, F Thomas, coronary heart disease, atherosclerosis, • Treatment of cancers associated JA Stonik, SJ Demosky, SE Bark, EB or thrombic stroke, have become major Neufeld, AV Bocharov, TG with multi-drug resistance, either alone health concerns in recent years. Various or in combination with other Vishnyakova, AP Patterson, TL approaches to treating these diseases Eggerman, S Santamarina-Fojo, HB therapeutics. have led to mixed success with some • Re-sensitization of multi-drug Brewer. Synthetic amphipathic helical undesirable side effects. Long term resistant cancer cells to peptides promote lipid efflux from cells administration of some regimens aimed chemotherapeutic agents. by an ABCA1-dependent and an at reducing cholesterol levels in cells ABCA1-independent pathway. J Lipid Advantages can lead to persistent Res. 2003 Apr;44(4):828–836. • MDR-selective compounds hypertriglyceridemia; a condition that is Patent Status: U.S. Provisional capitalize on one of the most common characterized by chronically high Application No. 60/045,213 filed 15 Apr drawbacks to cancer therapies (MDR) by triglycerides in the blood. Other 2008 (HHS Reference No. E–138–2008/ using it as an advantage for treating approaches, such as using peptides to 0–US–01); PCT Application No. PCT/ cancer. stimulate the efflux of lipids from cells, US2009/040560 filed 14 Apr 2009 (HHS • The compositions do not inhibit the are also associated with high toxicity, Reference No. E–138–2008/0–PCT–02). function of ABC transporters, reducing which has limited their use. Licensing Status: Available for the chance of side-effects during This technology uses peptide and licensing. treatment. peptide analogues with multiple Licensing Contact: Fatima Sayyid, • The effects of MDR-selective amphipathic alpha helical domains that M.H.P.M.; 301–435–4521; compounds correlate with the level of have the dual ability to promote lipid [email protected]. ABC transporter expression, allowing efflux from cells and stimulate lipoprotein lipase activity, without Methods for Treating or Ameliorating healthy cells which do not express high Fibrosis by Inhibiting the Interaction levels of ABC transporters to better inducing toxicity. It consists of motifs that mimick apolipoprotein A–I (apoA– Between IL–21 Receptor (IL–21R) and survive treatment. IL–21 Development Status: Preclinical stage I), the most abundant protein of development. constituent of high density lipoproteins Description of Invention: This Patent Status: U.S. Provisional (HDLs) that is capable of inducing invention includes methods for treating Application No. 61/182,511 (HHS cellular lipid efflux, and motif or ameliorating fibrosis by inhibiting the Reference No. E–157–2009/0–US–01). resembling apolipoprotein C–II (apoC– interaction between IL–21 Receptor (IL– Inventors: Gergely Szakacs et al. II), a known activator of lipoprotein 21R) and IL–21 using either anti-IL21R (NCI). lipase. Peptides constructed with these monoclonal antibodies (or binding structural domains are capable of fragments of anti-IL–21R mAbs), anti- For More Information, See stimulating lipid efflux and activating IL21 monoclonal antibodies (or binding • C Hegedus et al. Interaction of ABC lipoprotein lipase, leading to a reduced fragments of anti-IL–21 mAbs) or multidrug transporters with anticancer incidence of hypertriglyceridemia. soluble IL–21R (or binding fragments of protein kinase inhibitors: substrates Unlike previous methods, some IL–21R). It is believed that the TH2 and/or inhibitors? Curr Cancer Drug amphipathic peptides cause transient immune response, induced by IL–21, Targets. 2009 May;9(3):252–272. hypertriglyceridema in mice that lasts plays a major role in the pathogenesis of • MD Hall et al. Synthesis, activity, for less than 8 hours. Mice treated with tissue fibrosis. Antagonism of IL–21R by and pharmacophore development for these modified peptides have shown anti-IL–21R monoclonal antibodies or isatin-beta-thiosemicarbazones with preserved liver function as they have the sequestration of IL–21 by soluble IL–

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21R or anti-IL–21 monoclonal Activating agents of DDR1 may be Office of Technology Transfer, National antibodies has been demonstrated to useful in the induction of highly potent, Institutes of Health, 6011 Executive reduce TH2 immune responses mature DCs or highly differentiated Boulevard, Suite 325, Rockville, associated with fibrosis in animal macrophages from DC precursors, such Maryland 20852–3804; telephone: 301/ models. as monocytes. Use of this method may 496–7057; fax: 301/402–0220. A signed The causes of chronic tissue fibrosis enhance the antigen presenting Confidential Disclosure Agreement will are diverse and the market for a capabilities of the immune system, be required to receive copies of the therapeutic that targets fibrosis is large. leading to a more effective overall patent applications. Fibrosis is associated with diverse immune response. A Tumorigenic MEF/3T3 Tet-Off Mouse causes which include: genetic diseases Inventor: Teizo Yoshimura (NCI). (such as cystic fibrosis); autoimmune Fibroblast Cell Line Stably Transfected Relevant Publications diseases (such as scleroderma); chronic With a T7–Tagged Srp20 Expression viral infections (such as hepatitis), 1. H Kamohara et al. Discoidin Construct (pJR17) parasitic infections (such as domain receptor 1 isoform-a (DDR1a) Description of Technology: schistosomiasis); and occupational promotes migration of leukocytes in Alternative RNA splicing is a means by exposures to causative agents (such as three-dimensional collagen lattices. which the human genome can produce asbestosis). Additionally, many cases of FASEB J. 2001 Dec;15(14):2724–2726. many more proteins from the genes tissue fibrosis are idiopathic. 2. W Matsuyama et al. Interaction of available. It is emerging that aberrations Application: The treatment or discoidin domain receptor 1 isoform b in alternative RNA splicing contributes amelioration of tissue fibrosis. (DDR1b) with collagen activates p38 to the development of cancers. SRp20 is Inventors: Thomas A. Wynn (NIAID); mitogen-activated protein kinase and a cellular splicing factor that is involved Deborah A Young; Mary Collins; and promotes differentiation of in the process of alternative splicing of Michael J. Grusby. macrophages. FASEB J. 2003 RNA. Investigators at the National Relevant Publication: J Pesce et al. Jul;17(10):1286–1288. Cancer Institute (NCI), National The IL–21 receptor augments Th2 Patent Status: U.S. Application No. Institutes of Health (NIH) have effector function and alternative 10/507,385 filed 09 Sep 2004 (HHS discovered that SRp20 is overexpressed macrophage activation. J Clin Invest Reference No. E–083–2002/2–US–02). in many types of cancer and 2006 Jul;116(7):2044–2055. Licensing Status: Available for furthermore promotes the induction and Patent Status: U.S. patent application licensing. maintenance of tumor cell growth. This no. 11/402,885 (priority date April 14, Licensing Contact: Betty B. Tong, was demonstrated in part by 2005) and international patent Ph.D.; 301–594–6565; engineering a non-tumorigenic cell to applications including European patent [email protected]. become tumorigenic in mice by application No. EP06/0750009 (HHS Dated: July 28, 2009. overexpressing SRp20. Reference No. E–250–2005). Richard U. Rodriguez, Research Material available for Licensing Status: Available for non- Director, Division of Technology Development licensing is a tumorigenic MEF/3T3 tet- exclusive licensing. off mouse fibroblast cell line stably Licensing Contact: Surekha Vathyam, and Transfer, Office of Technology Transfer, National Institutes of Health. transfected with a T7-tagged SRp20 Ph.D.; 301–435–4076; expression construct (pJR17) that is [email protected]. [FR Doc. E9–18504 Filed 7–31–09; 8:45 am] BILLING CODE 4140–01–P under the transcriptional control of Collaborative Research Opportunity: tetracycline. The National Institute of Allergy and Applications: Use in pre-clinical Infectious Diseases is seeking statements DEPARTMENT OF HEALTH AND development of therapeutic approaches of capability or interest from parties HUMAN SERVICES to cancer that target aberrant alternative interested in collaborative research to RNA splicing. further develop, evaluate, or National Institutes of Health Advantages: Transcriptional control commercialize this invention. Please of expression using Tet-off system; contact Nicole Mahoney at 301–435– Government-Owned Inventions; Availability of stably transfected cell 9017 or [email protected] for Availability for Licensing line saves time and effort for other more information. investigators. AGENCY: National Institutes of Health, Market: Research Tool. Use of Discoidin Domain Receptor 1 Public Health Service, HHS. (DDR1) and Agents That Affect the Development Status: Ready to use. ACTION: Notice. Inventors: Zhi-Ming Zheng and Rong DDR1/Collagen Pathway Jia (NCI). Description of Invention: Dendritic SUMMARY: The inventions listed below Publications: Manuscript in cells (DCs) are pivotal antigen- are owned by an agency of the U.S. preparation. presenting cells for initiation of an Government and are available for Patent Status: HHS Reference No. E– immune response. Indeed, dendritic licensing in the U.S. in accordance with 229–2009/0—Research Material. Patent cells provide the basis for the 35 U.S.C. 207 to achieve expeditious protection is not being sought for this production of an effective immune commercialization of results of technology. response to a vaccine, particularly for federally-funded research and Licensing Status: Available for antigens wherein conventional development. Foreign patent licensing. vaccination is inadequate. DCs are also applications are filed on selected Licensing Contact: Sabarni Chatterjee, important in the production on an inventions to extend market coverage Ph.D.; 301–435–5587; immune response to tumor antigens. for companies and may also be available [email protected]. The present invention discloses for licensing. Collaborative Research Opportunity: methods of using the receptor tyrosine ADDRESSES: Licensing information and The National Cancer Institute, Center for kinase discoidin domain receptor 1 copies of the U.S. patent applications Cancer Research, HIV and AIDS (DDR1) to facilitate the maturation/ listed below may be obtained by writing Malignancy Branch, is seeking differentiation of DCs or macrophages. to the indicated licensing contact at the statements of capability or interest from

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parties interested in collaborative further develop, evaluate, or This invention relates to the research to further develop, evaluate, or commercialize A3 adenosine receptor identification of LJL143, a salivary gland commercialize A Tumorigenic MEF/3T3 antagonists. Please contact Kenneth A. protein of L. longipalpis, as a specific Tet-Off Mouse Fibroblast Cell Line Jacobson, Ph.D. at inhibitor of coagulation factor Xa. Stably Transfected with a T7–Tagged [email protected] or the NIDDK LJLl43 is secreted in the saliva of L. Srp20 Expression Construct (pJR17). Office of Technology Transfer and longipalpis and exerts its effects by Please contact John D. Hewes, Ph.D. at Development at 301–451–3636 for more tightly binding the catalytic site of factor 301–435–3121 or [email protected] information. Xa. By directly binding the catalytic for more information. site, it is believed that the potent anti- Novel Proteins From the Sand Fly coagulant activity of LJL143 will be Truncated Methanocarba Adenosine Lutzomyia longipalpis Are Potent accompanied by reduced side effects Derivatives as A3 Adenosine Receptor Inhibitors of Complement Activity Antagonists compared to anti-coagulant drugs that Description of Technology: This rely on activating serine proteases. Description of Technology: Novel A3 invention relates to the discovery that LJL143 has a novel sequence with no adenosine antagonists available for five proteins from the salivary glands of reported homology in the gene bank, licensing. A3 receptors are particularly Lutzomyia longipalpis, LJM04, LJM11, and is the first anti-coagulant factor highly expressed in inflammatory cells, LJM19, LJM26, and LJL143, have anti- identified in sand flies. making it a potentially desirable target complement activity. These proteins LJLl43 may be used for inhibiting for inflammatory diseases. This demonstrate potent inhibition of both factor Xa activity in vivo or as a technology relates to highly specific the classical and alternative pathways prototype for designing specific antagonists and partial agonists of A3 for complement activation. All proteins, inhibitors of factor Xa. Because of its adenosine receptors, which are excluding LJM19, were shown to bind high specificity, LJLl43 may be used as negatively coupled to adenylate cyclase and inhibit the C3b molecule, thus an anti-coagulant in a number of pro- and have been broadly implicated in inactivating an integral component of coagulant diseased states including inflammation, cardiovascular disease, the complement pathway. deep venous thrombosis, coronary and cancer. Further, A3 adenosine The complement system is a very artery disease, non-hemorrhagic stroke, receptors have been implicated in important line of defense against and unstable angina with potentially allergies, asthma, and chronic pathogens, and is involved in many reduced side effects. obstructive pulmonary disease. pathologies and syndromes affecting Applications: Advantages: There are four known human health. It is therefore envisioned • Safe and effective anti-coagulant for subtypes of adenosine receptors (A1, that these five novel proteins may be therapeutic use. A2A, A2B, and A3). All are positively or used to treat conditions where the • Treatment of several conditions negatively linked to cAMP, but have complement system is involved such as deep venous thrombosis, different distributions and different including lupus erythematosus, juvenile coronary artery disease, non- therapeutic potentials. In particular, the arthritis, and complications associated hemorrhagic stroke, and unstable use of A1 and A2 selective ligands has with cardiac surgery and hemodialysis. angina. been limited by the ubiquity of Applications: Advantages: May be safer than other expression of the receptors throughout • Potent inhibition of complement important blood thinning drugs such as the body and the resultant side effects. activity. Warfarin. On the other hand, high levels of A3 • Treatment of diseases involving the Development Status: Early Stage. receptor expression are limited to the complement system. Market: Predicted $7.4 billion anti- CNS, testes, and the immune system. Development Status: Early Stage. coagulant market by 2016. Thus, A3 receptors represent a Inventors: Jesus G. Valenzuela et al. Inventors: Jesus G. Valenzuela et al. potentially highly specific target for (NIAID). (NIAID). treating related diseases. Relevant Publication: RR Cavalcante, Publication: JG Valenzuela, M Inventor: Kenneth A. Jacobson MH Pereira, NF Gontijo. Anti- Garfield, ED Rowton, VM Pham. (NIDDK). complement activity in the saliva of Identification of the most abundant Related Publication: A Melman, B phlebotomine sand flies and other secreted proteins from the salivary Wang, BV Joshi, ZG Gao, S de Castro, CL haematophagous insects. Parasitology glands of the sand fly Lutzomyia Heller, SK Kim, LS Jeong, KA Jacobson. 2003 Jul;127(Pt 1):87–93. longipalpis, vector of Leishmania Selective A3 adenosine receptor Patent Status: U.S. Provisional chagasi. J Exp Biol. 2004 Oct;207(Pt antagonists derived from nucleosides Application No. 61/142,098 filed 31 Dec 21):3717–3729. containing a bicyclo[3.1.0]hexane ring 2008 (HHS Reference No. E–205–2008/ Patent Status: U.S. Provisional system. Bioorg Med Chem. 2008 Sep 0–US–01). Application No. 61/142,107 filed 31 Dec 15;16(18):8546–8556. Licensing Status: Available for 2008 (HHS Reference No. E–204–2008/ Patent Status: U.S. Provisional licensing. 0–US–01). Application No. 61/085,588 filed 01 Licensing Contact: Jeffrey A. James, Licensing Status: Available for Aug 2008 (HHS Reference No. E–285– PhD; 301–435–5474; licensing. 2008/0–US–01). [email protected]. Licensing Contact: Jeffrey A. James, Licensing Status: Available for PhD; 301–435–5474; Potent Anti-Coagulant Activity of a licensing. [email protected]. Licensing Contact: Steve Standley, Novel Protein From the Sand Fly Lutzomyia longipalpis Ph.D.; 301–435–4074; Novel Dopamine Receptor Ligands as [email protected] Description of Technology: The Therapeutics for Central Nervous Collaborative Research Opportunity: salivary gland lysates of Lutzomyia System Disorders The NIDDK, Laboratory of Bioorganic longipalpis, the New World sand fly and Description of Technology: The Chemistry is seeking statements of main vector for visceral leishmaniasis, dopamine D3 receptor subtype is a capability or interest from parties contain an anti-coagulant protein that member of the dopamine D2 subclass of interested in collaborative research to helps the fly complete its blood meal. receptors. These receptors have been

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implicated in a number of CNS on 18 Dec 2008 (HHS Reference No. E– cytoprotective therapy (or adjuvant) in disorders, including psychostimulant 128–2006/0–PCT–01). any condition involving an overactive abuse, psychosis and Parkinson’s Licensing Status: Available for immune response. disease. Compounds that bind with high licensing. Advantages: affinity and selectivity to D3 receptors Licensing Contact: Charlene Sydnor, • High yield of biliverdin with low can not only provide important tools PhD; 301–435–4689; contamination of bilirubin. with which to study the structure and [email protected]. • Produces only active isomers of function of this receptor subtype, but Collaborative Research Opportunity: biliverdin. may also have therapeutic potential in The National Institute on Drug Abuse’s • Unlike prior methods, new method the treatment of numerous psychiatric Medications Discovery Research Branch uses starting material that is and neurologic disorders. is seeking statements of capability or inexpensive and plentiful. The 4-phenylpiperazine derivatives interest from parties interested in Development Status: Successful are an important class of dopamine D3 collaborative research to further generation of Candida albicans with selective ligands. However, due to their develop, evaluate, or commercialize 4- biliverdin-generating system. highly lipophilic nature, these phenylpiperazine derivatives as Inventors: Michael L. Pendrak and compounds suffer from solubility dopamine D3 selective ligands. Please David D. Roberts (NCI). problems in aqueous media and reduced contact Vio Conley, MS at 301–435– Patent Status: HHS Reference No. E– bioavailability. To address this problem, 2031 or [email protected] for 040–2004/0—Issued U.S. Patent a process was designed to introduce additional information. 7,504,243; Pending U.S. Application 12/ 364,054 (divisional, filed 02 Feb 2009). functionality into the carbon chain High-Yield Methods of Producing Relevant Publication: ML Pendrak et linker of these compounds. Compared to Biliverdin currently available dopamine D3 al. Heme oxygenase in Candida albicans Description of the Technology: This receptor ligands, the resulting is regulated by hemoglobin and is invention describes methods of making compounds show improved necessary for metabolism of exogenous high yields of biliverdin, the pharmacological properties and D3 heme and hemoglobin to alpha- pharmaceutical compositions of selectivities but due to their more biliverdin. J Biol Chem. 20 Jan biliverdin made using that process, and hydrophilic nature, these derivatives are 2004;279(5):3426–3433. methods of using the compositions predicted to have improved water Licensing Status: Available for therapeutically. licensing. solubility and bioavailability. In reaction to a wide range of cellular Applications: Licensing Contact: Bruce Goldstein, stresses, hemoglobin is naturally • Therapeutics for a variety of JD, MS; (301) 435–5470; metabolized to biliverdin, which is then psychiatric and neurologic disorders [email protected]. • Research tools to study D3 receptor quickly metabolized to bilirubin, a bile Collaborative Research Opportunity: structure and function pigment, through a highly conserved set The Laboratory of Pathology in the Advantages: of enzymes. Both bilirubin and Center for Cancer Research of the • Improved pharmacological biliverdin are normally processed for National Cancer Institute is seeking properties and selectivity over existing rapid excretion, and excessive serum parties interested in collaborative dopamine D3 receptor ligands levels of bilirubin have known toxic research directed toward clinical • Hydrophilic nature likely to lead to effects (most notably jaundice). applications of biliverdin. For more improved water solubility and Surprisingly, research in the past information about the research, please bioavailability decade has shown that decreasing contact either Dr. Michael Pendrak Development Status: Pre-clinical serum levels correlate inversely with the (NCI/CCR Laboratory of Pathology) at discovery. prognosis of various disorders, such as (301) 496–6264, or Dr. April Franks Further R&D Needed: ischemia/reperfusion injuries, (NCI Technology Transfer Center) at • Evaluate selected compounds in atherosclerosis, organ transplantation, (301) 496–0477. animal models of drug abuse, psychosis, and several autoimmune diseases. Dated: July 28, 2009. Indeed, in animal-model studies, obesity and Parkinson’s disease. Richard U. Rodriguez, • Design and synthesize novel, inducing a mild case of jaundice actually improved outcome. Director, Division of Technology Development functionalized analogs using both and Transfer, Office of Technology Transfer, classical and computational drug design Unfortunately, bilirubin is relatively National Institutes of Health. insoluble, and so is not a practical to improve D3 receptor affinity and [FR Doc. E9–18496 Filed 7–31–09; 8:45 am] selectivity. pharmaceutical itself. • Evaluate compounds for binding in Biliverdin has lower direct toxicity BILLING CODE 4140–01–P D3 and D2 receptor expressing cell lines and substantially greater solubility than bilirubin, and also appears to have some and in in vitro functional assays. DEPARTMENT OF HEALTH AND • direct therapeutic effects similar to Correlate in vitro binding affinities HUMAN SERVICES with in vivo function in rats and bilirubin. Accordingly, biliverdin has monkeys and evaluate compounds in been widely studied lately. Generating Food and Drug Administration knockout mice models. high yields of pure biliverdin is • Pursue PET and SPECT imaging difficult, however, because any system [Docket No. FDA–2009–N–0338] agents by radiolabel of D3 ligands and with the enzymes to break down Medical Device User Fee Rates for evaluation in rats and non-human hemoglobin also has enzymes Fiscal Year 2010 primates. converting biliverdin to bilirubin. The Inventors: Amy H. Newman (NIDA), inventors have created a system of AGENCY: Food and Drug Administration, Peter Grundt (NIDA), Jianjing Cao generating microorganisms (yeast) HHS. (NIDA), et al. lacking the enzymes that break ACTION: Notice. Patent Status: PCT Application No. biliverdin down to bilirubin. Pct/US2007/71412 filed 15 Jun 2007, Applications: Production of biliverdin SUMMARY: The Food and Drug which published as WO 2008/153573 for immunomodulatory and Administration (FDA) is announcing the

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fee rates and payment procedures for collectively as ‘‘submissions’’); for II. Fees for FY 2010 medical device user fees for fiscal year periodic reporting on class III devices; Under the act, all submission fees and (FY) 2010. The Federal Food, Drug, and and for the registration of certain the periodic reporting fee are set as a Cosmetic Act (the act), as amended by establishments. Under statutorily- percent of the standard (full) fee for a the Medical Device User Fee and defined conditions, a qualified premarket application (see 21 U.S.C. Modernization Act of 2002 (MDUFMA), applicant may receive a fee waiver or 379j(a)(2)(A)), and the act sets the the Medical Device User Fee may pay a lower small business fee. (See standard fee for a premarket application, Stabilization Act of 2005 (MDUFSA), 21 U.S.C. 379j(d) and (e).) including a BLA, a premarket report, and the Medical Device User Fee Under the act, the fee rate for each and an efficacy supplement, at $217,787 Amendments of 2007 (title II of the type of submission is set at a specified for FY 2010 (see 21 U.S.C. 379j(b)); this Food and Drug Administration percentage of the standard fee for a is referred to as the ‘‘base fee’’). The fees Amendments Act of 2007 (FDAAA)), premarket application (a premarket set by reference to the base fee are— authorizes FDA to collect user fees for application is a premarket approval • For a panel-track supplement, 75 certain medical device submissions, and application (PMA), a product annual fees both for certain periodic percent of the base fee; development protocol (PDP), or a • For a 180-day supplement, 15 reports and for certain establishments biologics licensing application (BLA)). subject to registration. The FY 2010 fee percent of the base fee; The act specifies the standard fee for a • For a real-time supplement, 7 rates are provided in this document. premarket application for each year These fees apply from October 1, 2009, percent of the base fee; from FY 2008 through FY 2012; the • For a 30-day notice, 1.6 percent of through September 30, 2010. To avoid standard fee for a premarket application delay in the review of your application, the base fee; received by FDA during FY 2010 is • you should pay the fee before or at the For a 510(k) premarket notification, $217,787. From this starting point, this 1.84 percent of the base fee; time you submit your application to document establishes FY 2010 fee rates • For a 513(g) request for FDA. The fee you must pay is the fee for other types of submissions, and for classification information, 1.35 percent that is in effect on the later of the date periodic reporting, by applying criteria of the base fee; and that your application is received by FDA specified in the act. • For an annual fee for periodic or the date your fee payment is received. The act specifies the annual fee for If you want to pay a reduced small reporting concerning a class III device, establishment registration for each year 3.5 percent of the base fee. business fee, you must qualify as a small from FY 2008 through FY 2012; the business before you make your For all submissions other than a registration fee for FY 2010 is $2,008. 510(k) premarket notification, a 30-day submission to FDA; if you do not There is no reduction in the registration qualify as a small business before you notice, and a 513(g) request for fee for small businesses. An classification information, the small make your submission to FDA, you will establishment must pay the registration have to pay the higher standard fee. business fee is 25 percent of the fee if it is any of the following types of standard (full) fee. (See 21 U.S.C. This document provides information on establishments: how the fees for FY 2010 were 379j(d)(2)(C).) For a 510(k) premarket • Manufacturer. An establishment determined, the payment procedures notification submission, a 30-day notice, that makes by any means any article that you should follow, and how you may and a 513(g) request for classification is a device, including an establishment qualify for reduced small business fees. information, the small business fee is 50 that sterilizes or otherwise makes such percent of the standard (full) fee. (See 21 FOR FURTHER INFORMATION CONTACT: article for or on behalf of a specification For information on MDUFMA: Visit U.S.C. 379j(e)(2)(C).) developer or any other person. The statute sets the annual fee for FDA’s Web site, http:// • www.fda.gov/MedicalDevices/ Single-Use Device Reprocessor. An establishment registration at $2,008 on DeviceRegulationandGuidance/ establishment that performs additional FY 2010, and there is no small business Overview/MedicalDevice processing and manufacturing rate for the annual establishment UserFeeand/Modernization operations on a single-use device that registration fee; all establishments pay ActMDUFMA/default.htm. has previously been used on a patient. the same fee. The statute authorizes For questions relating to this notice: • Specification Developer. An increases in the annual establishment David Miller, Office of Financial establishment that develops fee for FY 2010 and subsequent years if Management (HFA–100), Food and specifications for a device that is the estimated number of establishments Drug Administration, 5600 Fishers distributed under the establishment’s submitting fees for FY 2009 is fewer Lane, Rockville, MD 20857, 301– name but which performs no than 12,250. (See 21 U.S.C. 827–3917. manufacturing, including an 379j(c)(2)(A).) FDA estimates that the SUPPLEMENTARY INFORMATION: establishment that, in addition to number of establishments submitting developing specifications, also arranges fees in FY 2009 will be in excess of I. Background for the manufacturing of devices labeled 12,250, so no establishment fee increase Section 738 of the act (21 USC 379j) with another establishment’s name by a is warranted under this provision of the establishes fees for certain medical contract manufacturer. statute. device applications, submissions, The fees for FY 2010 go into effect on Table 1 of this document sets out the supplements, and notices (for October 1, 2009, and will remain in FY 2010 rates for all medical device simplicity, this document refers to these effect through September 30, 2010. fees.

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TABLE 1.—MEDICAL DEVICE FEES FOR FY 2010

Standard Fee, as a Percent of Application Fee Type the Standard Fee for a FY 2010 Standard Fee FY 2010 Small Business Premarket Application Fee

Premarket application (a PMA submitted under sec- tion 515(c)(1) of the act (21 U.S.C. 360e(c)(1)), a PDP submitted under section 515(f) of the Act, or a BLA submitted under section 351 of the Public Health Service (PHS) Act (42 U.S.C. 262)) Set in statute $217,787 $54,447

Premarket report (submitted under section 515(c)(2) of the act) 100% $217,787 $54,447

Efficacy supplement (to an approved BLA under sec- tion 351 of the PHS Act) 100% $217,787 $54,447

Panel-track supplement 75% $163,340 $40,835

180-day supplement 15% $32,668 $8,167

Real-time supplement 7% $15,245 $3,811

510(k) premarket notification submission 1.84% $4,007 $2,004

30-day notice 1.6% $3,485 $1,742

513(g) (21 U.S.C. 360c(g)) request for classification information 1.35% $2,940 $1,470

Annual Fee Type

Annual fee for periodic reporting on a class III device 3.5% $7,623 $1,906

Annual establishment registration fee (to be paid by each establishment that is a manufacturer, a sin- gle-use device reprocessor, or a specification de- veloper, as defined by 21 U.S.C. 379i(13)) Set in statute $2,008 $2,008

III. How to Qualify as a Small Business must re-qualify for FY 2010 in order to yet filed your 2009 return because you for Purposes of Medical Device Fees pay small business fees during FY 2010. obtained an extension, you may submit If you are a domestic (U.S.) business, If your business has gross receipts or your most-recent return filed prior to and wish to qualify as a small business sales of no more than $100 million for the extension. for FY 2010, you must submit the the most-recent tax year, you may (3) For each of your affiliates, either— following to FDA: • If the affiliate is a domestic (U.S.) qualify for reduced small business fees. (1) A completed FY 2010 MDUFMA business, a certified copy of the If your business has gross sales or Small Business Qualification affiliate’s Federal (U.S.) income tax receipts of no more than $30 million, Certification (Form FDA 3602). This you may also qualify for a waiver of the return for the most recent tax year, or form is provided in FDA’s guidance • fee for your first premarket application document, ‘‘FY 2010 Medical Device If the affiliate is a foreign business (PMA, PDP, or BLA) or premarket User Fee Small Business Qualification and cannot submit a Federal (U.S.) report. You must include the gross and Certification,’’ available on FDA’s Income Tax Return, a National Taxing receipts or sales of all of your affiliates Web site at http://www.fda.gov/ Authority Certification completed by, along with your own gross receipts or MedicalDevices/Device and bearing the official seal of, the sales when determining whether you RegulationandGuidance/Overview/ National Taxing Authority of the meet the $100 million or $30 million MedicalDeviceUserFee country in which the firm is threshold. If you want to pay the small andModernizationActMDUFMA/ headquartered. The National Taxing business fee rate for a submission, or default.htm. This form is not available Authority is the foreign equivalent of you want to receive a waiver of the fee separate from the guidance document. the U.S. Internal Revenue Service. This for your first premarket application or (2) A certified copy of your Federal certification must show the amount of premarket report, you should submit the (U.S.) Income Tax Return for the most gross receipts or sales for the most materials showing you qualify as a small recent tax year. The most recent tax year recent tax year, in both U.S. dollars and business 60 days before you send your will be 2009, except— the local currency of the country, the submission to FDA. If you make a • If you submit your FY 2010 exchange rate used in converting the submission before FDA finds that you MDUFMA Small Business Qualification local currency to U.S. dollars, and the qualify as a small business, you must before April 15, 2010, and you have not dates of the gross receipts or sales pay the standard fee for that submission. yet filed your return for 2009, you may collected. The applicant should also If your business qualified as a small use tax year 2008. submit a statement signed by the head business for FY 2009, your status as a • If you submit your FY 2010 of the applicant’s firm or by its chief small business will expire at the close MDUFMA Small Business Qualification financial officer that the applicant has of business on September 30, 2009. You on or after April 15, 2010, and have not submitted certifications for all of its

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affiliates, identifying the name of each reviewing center’s document room or C. Step Three—Submit Payment for the affiliate, or that the applicant has no the date that the check is received by Completed Medical Device User Fee affiliates. U.S. Bank determines whether the fee Cover Sheet as Described in this If you are a foreign business, and wish rates for FY 2009 or FY 2010 apply. Section, Depending on the Method You to qualify as a small business for FY FDA must receive the correct fee at the Will Use to Make Payment 2010, you must submit the following: time that an application or annual (1) A completed FY 2010 MDUFMA (1) If paying with a paper check: report is submitted, or the application or • All paper checks must be in U.S. Foreign Small Business Qualification annual report will not be accepted for Certification (Form FDA 3602A). This currency from a U.S. bank and made filing or review. payable to the Food and Drug form is provided in FDA’s guidance FDA requests that you follow the document, ‘‘FY 2010 Medical Device Administration. (FDA’s tax steps below before submitting a medical identification number is 53–0196965, User Fee Small Business Qualification device application or annual report and Certification,’’ available on FDA’s should your accounting department subject to a fee. Please pay close need this information.) Internet site at http://www.fda.gov/cdrh/ attention to these procedures to ensure • mdufma. This form is not available Please write your application’s that FDA links the fee with the correct unique PIN, from the upper right-hand separate from the guidance document. application. (Note: In no case should the (2) A National Taxing Authority corner of your completed Medical check for the fee be submitted to FDA Certification, completed by, and bearing Device User Fee cover sheet, on your with the application.) check. the official seal of, the National Taxing • Authority of the country in which the A. Step One—Secure a Payment Mail the paper check and a copy of firm is headquartered. This Certification Identification Number (PIN) and the completed cover sheet to: Food and must show the amount of gross receipts Medical Device User Fee Cover Sheet Drug Administration, P.O. Box 956733, or sales for the most recent tax year, in From FDA Before Submitting Either the St. Louis, MO, 63195–6733. (Please note both U.S. dollars and the local currency Application or the Payment (Note: Both that this address is for payments of of the country, the exchange rate used the FY 2009 and FY 2010 fee rates will application and annual report fees only in converting the local currency to U.S. be available on the Cover Sheet Web and is not to be used for payment of dollars, and the dates of the gross Site beginning on the date of annual establishment registration fees.)If receipts or sales collected. publication of this document, and only you prefer to send a check by a courier (3) For each of your affiliates, either— the FY 2010 rates will appear after (such as Federal Express (FEDEX), DHL, • If the affiliate is a domestic (U.S.) September 30, 2009) United Parcel Service (UPS), etc.), the business, a certified copy of the courier may deliver the check to: U.S. affiliate’s Federal (U.S.) Income Tax Log on to the MDUFMA Web site at: Bank, Attn: Government Lockbox Return for the most recent tax year http://www.fda.gov/MedicalDevices/ 956733, 1005 Convention Plaza, St. (2008 or later), or DeviceRegulationandGuidance/ Louis, MO 63101. (Note: This address is • If the affiliate is a foreign business Overview/MedicalDeviceUser for courier delivery only. Contact the and cannot submit a Federal (U.S.) FeeandModernizationActMDUFMA/ U.S. Bank at 314–418–4821 if you have Income Tax Return, a National Taxing default.htm and, under the MDUFMA any questions concerning courier Authority Certification completed by, Forms heading, click on the link ‘‘User delivery.) and bearing the official seal of, the Fee Cover Sheet.’’ Complete the Medical It is helpful if the fee arrives at the National Taxing Authority of the Device User Fee cover sheet. Be sure bank at least 1 day before the country in which the firm is you choose the correct application application arrives at FDA. FDA records headquartered. The National Taxing submission date range. (Two choices the official application receipt date as Authority is the foreign equivalent of will be offered until October 1, 2009. the later of the following: (1) The date the U.S. Internal Revenue Service. This One choice is for applications that will the application was received by FDA or certification must show the amount of be received on or before September 30, (2) the date U.S. Bank receives the gross receipts or sales for the most 2009, which will be subject to FY 2009 payment. U.S. Bank is required to notify recent tax year, in both U.S. dollars and fee rates. A second choice is for FDA within 1 working day, using the the local currency of the country, the applications that will be received on or PIN described previously in this exchange rate used in converting the after October 1, 2009, which will be document. local currency to U.S. dollars, and the subject to FY 2010 fee rates.) After (2) If Paying With Credit Card or dates for the gross receipts or sales completing data entry, print a copy of Electronic Check (Automated Clearing collected. The applicant should also the Medical Device User Fee cover sheet House (ACH)): submit a statement signed by the head and note the unique PIN located in the FDA has partnered with the U.S. of the applicant’s firm or by its chief upper right-hand corner of the printed Department of the Treasury to utilize financial officer that the applicant has cover sheet. Pay.gov, a web based payment submitted certifications for all of its B. Step Two—Electronically Transmit a application, for online electronic affiliates, identifying the name of each Copy of the Printed Cover Sheet with the payment. Pay.gov can now be used to affiliate, or that the applicant has no PIN to FDA’s Office of Financial submit online payments for cover sheets affiliates. Management to the FDA. You now have the option to make a payment via electronic check IV. Procedures for Paying Application Once you are satisfied that the data on or credit card after submitting your and Annual Report Fees the cover sheet is accurate, coversheet. To pay online, select the If your application or submission is electronically transmit that data to FDA ‘‘Pay Now’’ button. Credit card subject to a fee and your payment is according to instructions on the screen. transactions for cover sheets are limited received by FDA from October 1, 2009, Because electronic transmission is to $4,000.00. through September 30, 2010, you must possible, applicants are required to set (3) If paying with a wire transfer: pay the fee in effect for FY 2010. The up a user account and use passwords to • Please include your application’s later of the date that the application or assure data security in the creation and unique PIN, from the upper right-hand annual report is received in the electronic submission of cover sheets. corner of your completed Medical

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Device User Fee cover sheet, in your Companies that do not manufacture printed order should also be mailed wire transfer. Without the PIN your any product other than a licensed along with your check. FDA’s tax payment may not be applied to your biologic are required to register in the identification number is 53–0196965. cover sheet and review of you Blood Establishment Registration (BER) (3) If paying with a wire transfer: application will be delayed. system. FDA’s Center for Biologics and Wire transfers may also be used to pay • The originating financial institution Research (CBER) will send annual establishment fees. To send a usually charges a wire transfer fee establishment registration fee invoices wire transfer, please read and comply between $15.00 and $35.00. Please ask annually to these companies. with the following information: your financial institution about the fee • Include your order’s unique PIN, and include it with your payment to A. Step One—Submit a Device Facility from the upper right-hand corner of ensure that your cover sheet is fully User Fee Order With a PIN From FDA your completed Medical Device User paid.Use the following account Before Registering or Submitting Fee order, in your wire transfer. Without information when sending a wire Payment the PIN your payment may not be transfer: New York Federal Reserve To submit a DFUF Order, you must applied to your facility and your Bank, U.S. Department of Treasury, create or have previously created a user registration will be delayed. • TREAS NYC, 33 Liberty St, New York, account and password for the User Fee The originating financial institution NY 10045, Acct. No. 75060099, Routing Web site listed previously in this usually charges a wire transfer fee No. 021030004, SWIFT: FRNYUS33, section. After creating a user name and between $15.00 and $35.00. Please ask Beneficiary: FDA, 5600 Fishers Lane, password, log into the Establishment your financial institution about the fee Rockville, MD 20857. Registration User Fee 2010 store. and include it with your payment to ensure that your order is fully paid. Use D. Step Four—Submit Your Application Complete the DFUF order by entering the number of establishments you are the following account information when to FDA With a Copy of the Completed sending a wire transfer: New York Medical Device User Fee Cover Sheet registering. Once you are satisfied that the data on the order is accurate, Federal Reserve Bank, US.. Dept of For all applications sent after August electronically transmit that data to FDA Treasury, TREAS NYC, 33 Liberty St, 1, 2009, please submit your application according to instructions on the screen. New York, NY 10045, Acct. No. and a copy of the completed Medical Print a copy of the final DFUF order and 75060099, Routing No. 021030004, Device User Fee cover sheet to one of note the unique PIN located in the SWIFT: FRNYUS33, Beneficiary: FDA, the following addresses: upper right-hand corner of the printed 5600 Fishers Lane, Rockville, MD (1) Medical device applications order. 20857. should be submitted to: Food and Drug C. Step Three—Complete the Administration, Center for Devices and B. Step Two—Pay For Your Device Information Online to Update Your Radiological Health, Document Mail Facility User Fee Order Establishment’s Annual Registration for Center— WO66, rm. 0609, 10903 New Unless paying by credit card, all FY 2010, or to Register a New Hampshire Ave., Silver Spring, MD payments must be in U. S. currency and Establishment for FY 2010 20993–0002. drawn on a U.S. bank. (2) Biologic applications should be (1) If paying with credit card or Go to CDRH’s Web site at http:// sent to: Food and Drug Administration, electronic check (ACH): www.fda.gov/MedicalDevices/ Center for Biologics Evaluation and The DFUF order will include payment DeviceRegulationandGuidance/ Research, Document Control Center information, including details on how HowtoMarketYourDevice/ (HFM–99), suite 200N, 1401 Rockville you can pay online using a credit card RegistrationandListing/default.htm and Pike, Rockville, MD 20852–1448. or electronic checks. Follow the click the ‘‘Access Electronic instructions provided to make an Registration’’ link on the left of the page. V. Procedures for Paying Annual This opens up a new page with Establishment Fees electronic payment. (2) If paying with a paper check: important information about the FDA If you are required to pay an annual If you prefer not to pay online, you Unified Registration and Listing System establishment registration fee, you must may pay by a check, in U.S. dollars and (FURLS). After reading this information, pay for each establishment prior to drawn on a U.S. bank, mailed to: Food click on the link (Access Electronic registration. Payment must be submitted and Drug Administration, P.O. Box Registration) at the bottom of the page. by first creating a Device Facility Use 70961, Charlotte, NC 28272–0961. This link takes you to an FDA Industry Fee (DFUF) order through the User Fee (Note: This address is different from the Systems page with tutorials that Web site at https://fdasfinapp8.fda.gov/ address for payments of application and demonstrate how to create a new FURLS OA_HTML/fdaCAcdLogin.jsp. (FDA has annual report fees and is to be used only user account if your establishment did verified the Web site address, but FDA for payment of annual establishment not create an account in FY 2009. is not responsible for any subsequent registration fees.) Biologics license manufacturers should changes to the Web site after this If a check is sent by a courier that register in the BER system at http:// document publishes in the Federal requests a street address, the courier can www.fda.gov/BiologicsBloodVaccines/ Register.) You will be issued a PIN once deliver the check to: Wachovia Bank, GuidanceComplianceRegulatory you place your order. After payment has Attn: Food and Drug Administration— Information/EstablishmentRegistration/ been processed, you will be issued a Lockbox 70961, rm. NC0810, 1525 West BloodEstablishmentRegistration/ payment confirmation number (PCN). WT Harris Blvd., Charlotte, NC 28262. default.htm. You will not be able to register your (Note: This Wachovia Bank address is Enter your existing account ID and establishment if you do not have a PIN for courier delivery only; do not send password to log into FURLS. From the and a PCN. An establishment required mail to this address.) FURLS/FDA Industry Systems menu, to pay an annual establishment Please make sure that both of the there will be a button that you will click registration fee is not legally registered following are written on your check: (1) to go to the Device Registration and in FY 2010 until it has completed the The FDA post office box number (P.O. Listing Module (DRLM) of FURLS. New steps below to register and pay any Box 70961) and (2) the PIN that is establishments will need to register and applicable fee. (See 21 U.S.C. 379j(f)(2).) printed on your order. A copy of your existing establishments will update

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their annual registration using choices well-being and disease, the purpose of opportunity to provide public testimony on the DRLM menu. Once you choose the meeting is to ensure that NIH from 1:30 to 5:30 p.m. On September 22 to register or update your annual continues to support cutting-edge and 23, plenary sessions will focus on registration the system will prompt you women’s health research that is based the intersection of health care, public through the entry of information about upon the most advanced techniques and policy, and biomedical research; on your establishment and your devices. If methodologies. The meeting format is emerging issues and trends in health you have any problems with this designed to promote an interactive care; and on research paradigms of the process, e-mail: [email protected] or discussion involving leading scientists, future. The eight concurrent afternoon call 301–796–7400 for assistance. (Note: advocacy groups, public policy experts, sessions on September 22 will focus on this e-mail address and this telephone health care providers, and the general a range of research areas, including number are for assistance with public. The Providence meeting is the Prenatal, Infancy, and Childhood Years; establishment registration only, and not third in a series that will be convened Adolescent Years; Reproductive and for any other aspects of medical device throughout the Nation to help the Middle Years; Pregnancy; Menopausal user fees.) Problems with BER should be ORWH and NIH move into the next Transition; Elderly, Frail Elderly, and directed to [email protected] or decade of women’s health research. Healthy Aging; Oral Health and call 301–827–3546. As science and technology advance Systemic Conditions; and Careers in and fields such as computational Dentistry, Bioengineering, and other D. Step Four—Enter Your DFUF Order biology demonstrate the power of Non-Medical Disciplines. PIN and PCN interdisciplinary research, it remain On September 23 the morning session After completing your annual or critical for sex and gender factors to be will be devoted to reports by the initial registration and device listing, integrated into broad experimental working group co-chairs regarding the you will be prompted to enter your methodologies and scientific recommendations emerging from DFUF order PIN and PCN, when approaches across the lifespan. working group deliberations on the applicable. This process does not apply Biomedical and behavioral research are previous day. The meeting will adjourn to licensed biologic devices. CBER will also necessary to understand how at 1:15 p.m. on September 23. cultural, ethnic, and racial differences send invoices for payment of the Public Testimony establishment registration fee to influence the causes, diagnosis, companies who only manufacture progression, treatment, and outcome of The ORWH invites individuals with licensed biologics devices. Fees are only disease among different populations, an interest in research related to required for those establishments including women of diverse geographic women’s health to provide written and/ defined in section I of this document. locations and socioeconomic or oral testimony on these topics and/ backgrounds. Furthermore, health or on issues related to the sustained Dated: July 28, 2009. differences among diverse populations advancement of women in various Jeffrey Shuren, of women remain a critical area in need biomedical careers. Due to time Associate Commissioner for Policy and of continued focus and attention. constraints, only one representative Planning. The ORWH challenges all meeting from an organization or professional [FR Doc. E9–18456 Filed 7–31–09; 8:45 am] attendees to assist the NIH in defining specialty group may give oral testimony. BILLING CODE 4160–01–S the women’s health research agenda of Individuals not representing an the future by thinking beyond organized entity but a personal point of traditional women’s health issues. The view are similarly invited to present DEPARTMENT OF HEALTH AND ORWH and NIH ask meeting written and/or oral testimony. A letter HUMAN SERVICES participants to consider creative of intent to present oral testimony is strategies to identify areas of research necessary and should be sent National Institutes of Health that are best poised for advancement, electronically to http:// www.orwhmeetings.com/ Notice of Meeting; Moving Into the identify innovative ways in which movingintothefuture/ or by mail to Ms. Future—New Dimensions and persistent issues of health and disease Jory Barone, Educational Services, Inc., Strategies for Women’s Health can be addressed, and explore new 4350 East-West Highway, Suite 1100, Research for the National Institutes of horizons of scientific concepts and Bethesda, MD 20814, no later than Health investigative approaches. Attention also needs to be paid to new areas of science September 13, 2009. The date of receipt Notice is hereby given that the Office application, new technologies, and of the communication will establish the of Research on Women’s Health continuing basic science investigations. order of those selected to give oral (ORWH), Office of the Director, National Clinical questions that are not currently testimony at the September meeting. Institutes of Health, Department of the focus of research priorities need to Those wishing to present oral Health and Human Services, in be considered to ensure that women’s testimony are also asked to submit a collaboration with the Warren Alpert health research is optimally served and written form of their testimony that is Medical School of Brown University that the ORWH can continue to provide limited to a maximum of 10 pages, and the Women & Infants Hospital of leadership for the benefit of women’s double spaced, 12-point font, and Rhode Island, will convene a public health, nationally and internationally. should include a brief description of hearing and scientific workshop on their organization. Electronic Meeting Format September 21–23, 2009, at the Women submission to the above Web site is & Infants Hospital of Rhode Island The meeting will consist of public preferred; however, for those who do Conference Center, Providence, Rhode testimony, scientific panels, and eight not have access to electronic means, Island. concurrent scientific working groups. written testimony, bound by the Specifically, on September 21, restrictions previously noted and Purpose of the Meeting individuals representing a full spectrum postmarked no later than September 13, With rapid advances in science and of organizations interested in 2009, can be mailed to Ms. Jory Barone wider global understanding of women’s biomedical and behavioral research on at the above address. All written health and sex/gender contributions to women’s health issues will have an presentations must meet the established

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page limitations. Submissions exceeding The meeting will be open to the Individuals who plan to attend and this limit will not be accepted and will public, with attendance limited to space need special assistance, such as sign be returned. Oral testimony of this available. Individuals who plan to language interpretation or other material at the meeting will be limited attend and need special assistance, such reasonable accommodations, should to no more than 5–6 minutes in length. as sign language interpretation or other notify the Contact Person listed below Because of time constraints for oral reasonable accommodations, should in advance of the meeting. notify the Contact Person listed below testimony, testifiers may not be able to The meeting will be closed to the in advance of the meeting. present the complete information as it is public in accordance with the contained in their written form Name of Committee: President’s Cancer provisions set forth in sections submitted for inclusion in the public Panel. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., record for the meeting. Therefore, Date: September 22, 2009. testifiers are requested to summarize the Time: 8 a.m. to 4:10 p.m. as amended. The grant applications major points of emphasis from the Agenda: America’s Demographic and and/or contract proposals and the written testimony, not to exceed 6 Cultural Transformation: Implications for the discussions could disclose confidential Cancer Enterprise. trade secrets or commercial property minutes of oral testimony. Those Place: The Westin Seattle, 1900 Fifth individuals or organizations that have such as patentable material, and Avenue, Seattle, WA 98101. personal information concerning indicated they will present oral Contact Person: Abby B. Sandler, PhD, testimony at the meeting in Providence Executive Secretary, Chief, Institute Review individuals associated with the grant will be notified prior to the meeting Office, Office of the Director, 6116 Executive applications and/or contract proposals, regarding the approximate time for their Blvd., Suite 220, MSC 8349, National Cancer the disclosure of which would oral presentation. Institute, NIH, Bethesda, MD 20892–8349. constitute a clearly unwarranted Individuals and organizations wishing (301) 451–9399. [email protected]. invasion of personal privacy. Any interested person may file written to provide written statements only comments with the committee by forwarding Name of Committee: National Advisory should send a copy of their statements, the statement to the Contact Person listed on Council for Biomedical Imaging and electronically or by mail, to the above this notice. The statement should include the Bioengineering. NACBIB, September 2009. Web site or address by September 13, name, address, telephone number and when Date: September 11, 2009. 2009. Written testimony received by applicable, the business or professional Open: 9 a.m. to 1 p.m. that date will be made available at the affiliation of the interested person. Agenda: Report from the Institute Director, September 21–23 meeting. Logistics Information is also available on the other Institute Staff and presentations of questions related to this meeting should Institute’s/Center’s home page: working group reports. deainfo.nci.nih.gov/advisory/pcp/pcp.htm, be addressed to Ms. Jory Barone at ESI, Place: Bethesda Marriott Suites, 6711 where an agenda and any additional while program-specific questions information for the meeting will be posted Democracy Boulevard, Bethesda, MD 20817. should be addressed to Ms. Maureen when available. Closed: 1 p.m. to 3:30 p.m. Pearlman at the Warren Alpert Medical (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant School of Brown University, Program Nos. 93.392, Cancer Construction; applications and/or proposals. Providence, Rhode Island, 401–276– 93.393, Cancer Cause and Prevention Place: Bethesda Marriott Suites, 6711 7800, ext. 123, [email protected]. Research; 93.394, Cancer Detection and Democracy Boulevard, Bethesda, MD 20817. At the conclusion of the regional Diagnosis Research; 93.395, Cancer Contact Person: Anthony Demsey, PhD, meetings, the ORWH will hold a Treatment Research; 93.396, Cancer Biology Director, National Institute of Biomedical meeting at the NIH to summarize the Research; 93.397, Cancer Centers Support; Imaging, and Bioengineering, 6701 deliberations from the regional 93.398, Cancer Research Manpower; 93.399, Democracy Boulevard, Room 241, Bethesda, Cancer Control, National Institutes of Health, MD 20892. conferences. The resulting report to the HHS) ORWH and the NIH will ensure that Any interested person may file written women’s health research in the coming Dated: July 28, 2009. comments with the committee by forwarding decade continues to support a vigorous Anna Snouffer, the statement to the Contact Person listed on research agenda incorporating the latest Deputy Director, Office of Federal Advisory this notice. The statement should include the advances in technology and cutting- Committee Policy. name, address, telephone number and when edge science. [FR Doc. E9–18531 Filed 7–31–09; 8:45 am] applicable, the business or professional affiliation of the interested person. BILLING CODE 4140–01–P Dated: July 28, 2009. Information is also available on the Raynard S. Kington, Institute’s/Center’s home page: http:// Acting Director, National Institutes of Health. DEPARTMENT OF HEALTH AND www.nibib1.nih.gov/about/NACBIB/ [FR Doc. E9–18535 Filed 7–31–09; 8:45 am] HUMAN SERVICES NACBIB.htm, where an agenda and any BILLING CODE 4140–01–P additional information for the meeting will National Institutes of Health be posted when available. (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND National Institute of Biomedical Program Nos. 93.701, ARRA Related HUMAN SERVICES Imaging and Bioengineering; Notice of Biomedical Research and Research Support Meeting Awards. National Institutes of Health, HHS) National Institutes of Health Pursuant to section 10(d) of the Dated: July 28, 2009. National Cancer Institute; Notice of Federal Advisory Committee Act, as Anna Snouffer, Meeting amended (5 U.S.C. App.), notice is Deputy Director, Office of Federal Advisory hereby given of a meeting of the Committee Policy. Pursuant to section 10(a) of the National Advisory Council for [FR Doc. E9–18529 Filed 7–31–09; 8:45 am] Federal Advisory Committee Act, as Biomedical Imaging and Bioengineering. amended (5 U.S.C. App.), notice is The meeting will be open to the BILLING CODE 4140–01–P hereby given of a meeting of the public as indicated below, with President’s Cancer Panel. attendance limited to space available.

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DEPARTMENT OF HEALTH AND establishments where such products are accordance with the workload HUMAN SERVICES made, and (3) certain products (section adjustment provisions that were in 736(a) of the act). When certain effect for FY 2007, except that the Food and Drug Administration conditions are met, FDA may waive or adjustment for investigational new drug [Docket No. FDA–2009–N–0339] reduce fees (section 736(d) of the act). (IND) workload is based on the number For FY 2008 through FY 2012, the of INDs with a submission in the Prescription Drug User Fee Rates for base revenue amounts for the total previous 12 months rather than on the Fiscal Year 2010 revenues from all PDUFA fees are number of new commercial INDs established by PDUFA IV. The base submitted in the same 12-month period. AGENCY: Food and Drug Administration, revenue amount for FY 2008 is to be For each FY beginning in FY 2004, HHS adjusted for workload, and that adjusted the Prescription Drug User Fee ACTION: Notice. amount becomes the base amount for the remaining 4 fiscal years. That Amendments of 2002 (PDUFA III) SUMMARY: The Food and Drug adjusted base revenue amount is provided that fee revenue amounts, after Administration (FDA) is announcing the they had been adjusted for inflation, rates for prescription drug user fees for increased for drug safety enhancements by $10,000,000 in each of the should be further adjusted to reflect fiscal year (FY) 2010. The Federal Food, changes in workload for the process for Drug, and Cosmetic Act (the act), as subsequent 4 fiscal years, and the increased total is further adjusted each the review of human drug applications amended by the Prescription Drug User (see section 736(c)(2) of the act). The Fee Amendments of 2007 (Title 1 of the year for inflation and workload. Fees for applications, establishments, and conference report accompanying Food and Drug Administration PDUFA III, House of Representatives Amendments Act of 2007 (FDAAA)) products are to be established each year by FDA so that revenues from each Report number 107–481, provides (PDUFA IV), authorizes FDA to collect guidance on how the workload user fees for certain applications for category will provide one-third of the total revenue to be collected each year. adjustment provision of PDUFA III is to approval of drug and biological be implemented. Following that products, on establishments where the This notice uses the fee base revenue amount for FY 2008 published in the guidance, FDA calculated the average products are made, and on such number of each of the four types of products. Base revenue amounts to be Federal Register of October 12, 2007 (72 FR 58103), adjusts it for the 2010 drug submissions specified in the workload generated from PDUFA fees were adjustment provision (human drug established by PDUFA IV, with safety increase (see section 736(b)(4) of applications, commercial INDs, efficacy provisions for certain adjustments. Fee the act) for inflation, and for workload, supplements, and manufacturing revenue amounts for applications, and then establishes the application, supplements) received over the 5-year establishments, and products are to be establishment, and product fees for FY period that ended on June 30, 2002 established each year by FDA so that 2010. These fees are effective on one-third of the PDUFA fee revenues October 1, 2009, and will remain in (base years), and the average number of FDA collects each year will be generated effect through September 30, 2010. each of these types of applications over the most recent 5-year period that ended from each of these categories. This II. Fee Revenue Amount for FY 2010 notice establishes fee rates for FY 2010 June 30, 2007. PDUFA IV directs that for application fees for an application The total fee revenue amount for FY this same method be used in making the requiring clinical data ($1,405,500), for 2010 is $569,207,000, based on the fee workload adjustment apply to the 2008 an application not requiring clinical revenue amount specified in the statute, statutory revenue amount, except that data or a supplement requiring clinical including additional fee funding for for this calculation the number of data ($702,750), for establishment fees drug safety and adjustments for inflation commercial INDs with a submission in ($457,200), and for product fees and changes in workload. The statutory the previous 12 months is used for each ($77,720). These fees are effective on amount and a one-time base adjustment 12-month period rather than the number October 1, 2009, and will remain in are described in sections II.A and II.B of of new commercial INDs submitted (see effect through September 30, 2010. For this document. The adjustment for section 736(b) of the act, as amended by applications and supplements that are inflation is described in section II.C of PDUFA IV). this document, and the adjustment for submitted on or after October 1, 2009, The results of these calculations are changes in workload in section II.D of the new fee schedule must be used. presented in the first two columns of this document. Invoices for establishment and product table 1 of this document. Column 3 fees for FY 2010 will be issued in A. FY 2010 Statutory Fee Revenue reflects the percent change in workload August 2009, using the new fee Amounts Before Adjustments over the two 5-year periods. Column 4 schedule. PDUFA IV specifies that the fee shows the weighting factor for each type FOR FURTHER INFORMATION CONTACT: revenue amount before adjustments for of application, estimating how much of David Miller, Office of Financial FY 2010 for all fees is $437,783,000 the total FDA drug review workload was Management (HFA–100), Food and Drug ($392,783,000 specified in section accounted for by each type of Administration, 5600 Fishers Lane, 736(b)(1) of the act plus an additional application in the table during the most Rockville, MD 20857, 301–827–3917. $45,000,000 for drug safety in FY 2010 recent 5 years. Column 5 of table 1 of SUPPLEMENTARY INFORMATION: specified in section 736(b)(4) of the act). this document is the weighted percent change in each category of workload. I. Background B. Base Adjustment to Statutory Fee This was derived by multiplying the Sections 735 and 736 of the act (21 Revenue Amount weighting factor in each line in column U.S.C. 379g and 379h, respectively), The statute also specifies that 4 by the percent change from the base establish three different kinds of user $354,893,000 of the base amount is to be years in column 3. At the bottom right fees. Fees are assessed on the following: further adjusted for workload increases of the table the sum of the values in (1) Certain types of applications and through FY 2007 (see section column 5 is added, reflecting a total supplements for approval of drug and 736(b)(1)(B) of the act). The adjustment increase in workload of 11.73 percent biological products, (2) certain on this amount is to be made in when compared to the base years.

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TABLE 1.—SUMMARY WORKLOAD ADJUSTER CALCULATION TO BE APPLIED TO PDUFA IV STATUTORY BASE

Column 1 Column 2 5-Year Average 5-Year Average Column 3 Column 4 Column 5 Application Type Base Years (End- (Ending Percent Change Weighting Factor Weighted Percent ing 6/30/2002) 6/30/2007) Change

NDAs/biologics license applications (BLAs) 119.6 123.8 3 .5% 35 .2% 1.24%

Active INDs 4,751 .8 5,528 .2 16.3% 44.2% 7.22%

Efficacy supplements 159.2 163.4 2 .6% 7.4% 0.20%

Manufacturing supplements 2,100 .6 2,589 .2 23.3% 13.2% 3.07%

Workload adjuster to be applied to the statutory base 11 .73%

Increasing the PDUFA IV statutorily DC metropolitan area; or (3) the average stationed in the Washington, DC specified amount of $354,893,000 by the annual change in cost, per full time metropolitan area. This figure is specified workload adjuster (11.73 equivalent (FTE) FDA position, of all published by the Office of Personnel percent) results in an increase of personnel compensation and benefits Management, and found on their Web $41,629,000, rounded to the nearest paid for the first 5 of the previous 6 site at http://www.opm.gov/flsa/oca/ thousand. Adding this amount to the fiscal years. PDUFA IV provides for this 09tables/html/dcb.asp above the salary $437,783,000 statutorily specified annual adjustment to be cumulative and table. (FDA has verified the Web site amount from section II.A of this compounded annually after FY 2008 address, but FDA is not responsible for document, results in a total adjusted (see section 736(c)(1) of the act). any subsequent changes to the Web site PDUFA IV base revenue amount of The first factor is the CPI increase for after this document publishes in the $479,412,000, before further adjustment the 12-month period ending in June Federal Register.) For FY 2009 it was for inflation and changes in workload 2009. The CPI for June 2009 was 4.78 percent. after FY 2007. 215.693, and the CPI for June 2008 was The third factor is the average change 218.815. (These CPI figures are available in FDA cost for compensation and C. Inflation Adjustment to FY 2010 Fee on the Bureau of Labor Statistics Web benefits per FTE over the previous 5 of Revenue Amount site at http://data.bls.gov/cgi-bin/ the most recent 6 fiscal years (FY 2003 PDUFA IV provides that fee revenue surveymost?bls by checking the first box through 2008). The data on total amounts for each fiscal year after FY under ‘‘Price Indexes’’ and then clicking compensation paid and numbers of FTE 2008 shall be adjusted for inflation. The ‘‘Retrieve Data’’ at the bottom of the paid, from which the average cost per adjustment must reflect the greater of page.) (FDA has verified the Web site FTE can be derived, are published in the following amounts: (1) The total address, but FDA is not responsible for FDA’s Justification of Estimates for percentage change that occurred in the any subsequent changes to the Web site Appropriations Committees. Table 2 of Consumer Price Index (CPI) (all items; after this document publishes in the this document summarizes that actual U.S. city average) during the 12-month Federal Register.) The CPI for June 2009 cost and FTE use data for the specified period ending June 30 preceding the is 1.43 percent lower than the CPI for fiscal years, and provides the percent fiscal year for which fees are being set; the previous 12-month period. change from the previous fiscal year and (2) the total percentage pay change for The second factor is the increase in the average percent change over the the previous fiscal year for Federal pay for the previous fiscal year (FY 2009 most 5 recent fiscal years, which is 5.54 employees stationed in the Washington, in this case) for Federal employees percent.

TABLE 2.—FDA PERSONNEL COMPENSATION AND BENEFITS (PC&B) EACH YEAR AND PERCENT CHANGE

Annual Aver- age Increase Fiscal Year 2004 2005 2006 2007 2008 for Latest 5 Years

Total PC&B $1,042,749 $1,077,604 $1,114,704 $1,144,369 $1,215,627

Total FTE 10,141 9,910 9,698 9,569 9,811

PC&B per FTE $102,825 $108,739 $114,942 $119,591 $123,905

% Change from previous year 8.59% 5.75% 5.70% 4.05% 3.61% 5.54%

The inflation increase for FY 2010 is previous fiscal year (FY 2009 in this benefits paid for the first 5 of the 5.54 percent. This is the greater of the case) for Federal employees stationed in previous 6 fiscal years (5.54 percent). CPI change during the 12-month period the Washington, DC metropolitan area Because the average change in pay per ending June 30 preceding the fiscal year (4.78 percent), and the average annual FTE (5.54 percent) is the highest of the for which fees are being set (-1.43 change in cost, per FTE FDA position, three factors, it becomes the inflation percent), the increase in pay for the of all personnel compensation and

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adjustment for total fee revenue for FY at http://www.fda.gov/ForIndustry/ categories (human drug applications 2010. UserFees/PrescriptionDrugUserFee/ and active commercial INDs). These The inflation adjustment for FY 2009 ucm164339.htm. The study found that adjustments, specified under PDUFA IV, was 5.64 percent. This is the greater of the adjustment methodology used by are summarized in columns 2b and 2c the CPI increase during the 12-month FDA reasonably captures changes in in table 3 of this document. The number period ending June 30 preceding the workload for reviewing human drug in the NDAs/BLAs line of column 2b of fiscal year for which fees were being set applications under PDUFA IV. table 3 of this document is the percent (June 30, 2008, which was 5.05 percent), Accordingly, FDA continues to use the by which the average workload for the increase in pay for FY 2008 for workload adjustment methodology that meetings, annual reports, and labeling Federal employees stationed in it utilized in FY 2009, and FDA intends supplements for NDAs and BLAs has Washington, DC (4.49 percent), or the to continue using this methodology changed from the 5-year period 2002 average annual change in cost, per FTE through the end of PDUFA IV. through 2007 to the 5-year period 2004 FDA position, of all personnel For each fiscal year beginning in FY through 2009. Likewise, the number in compensation and benefits paid for the 2009, PDUFA IV provides that fee first 5 of the previous 6 fiscal years (5.64 revenue amounts, after they have been the ‘‘Active commercial INDs’’ line of percent). adjusted for inflation, shall be further column 2b of table 3 of this document PDUFA IV provides for this inflation adjusted to reflect changes in workload is the percent by which the workload for adjustment to be cumulative and for the process for the review of human meetings and special protocol compounded annually after FY 2008 drug applications (see section 736(c)(2) assessments for active commercial INDs (see section 736(c)(1) of the act). This of the act). PDUFA IV continues the has changed from the 5-year period factor for FY 2010 (5.54 percent) is PDUFA III workload adjustment with 2002 through 2007 to the 5-year period compounded by adding one to it and modifications, and provides for a new 2004 through 2009. There is no entry in then multiplying it by one plus the additional adjustment for changes in the last two lines of column 2b because inflation adjustment factor for FY 2009 review activity. the adjustment for changes in review (5.64 percent). The result of this FDA calculated the average number of workload does not apply to the multiplication of the inflation factors for each of the four types of applications workload for efficacy supplements and the 2 years since FY 2008 (1.0554 times specified in the workload adjustment manufacturing supplements. 1.0564 percent) becomes the inflation provision: (1) Human drug applications, Column 3 of table 3 of this document adjustment for FY 2010. This inflation (2) active commercial INDs reflects the percent change in workload adjustment for FY 2010 is 11.15 percent. (applications that have at least one from column 1 to column 2c. Column 4 Increasing the FY 2010 fee revenue submission during the previous 12 shows the weighting factor for each type base of $479,412,000, by 11.15 percent months), (3) efficacy supplements, and of application, estimating how much of yields an inflation-adjusted fee revenue (4) manufacturing supplements received the total FDA drug review workload was amount for FY 2010 of $532,866,000, over the 5-year period that ended on accounted for by each type of rounded to the nearest thousand dollars, June 30, 2007 (base years), and the application in the table during the most before the application of the FY 2010 average number of each of these types workload adjustment. of applications over the most recent 5- recent 5 years. Column 5 of table 3 of year period that ended June 30, 2009. this document is the weighted percent D. Workload Adjustment to the FY 2010 The calculations are summarized in of change in each category of workload. Inflation Adjusted Fee Revenue Amount table 3 of this document. The 5-year This was derived by multiplying the PDUFA IV does not allow FDA to averages for each application category weighting factor in each line in column adjust the total revenue amount for are provided in Column 1 (‘‘5-Year 4 by the percent change from the base workload beginning in FY 2010 unless Average Base Years 2002–2007’’) and years in column 3. At the bottom right the independent accounting firm study Column 2a (‘‘5 Year Average 2004– of table 3 of this document is the sum is complete (see section 736(c)(2)(C) of 2009’’). of the values in column 5 that are the act). That study, conducted by PDUFA IV specifies that FDA make added, reflecting an increase in Deloitte Touche, LLP, was completed on additional adjustments for changes in workload of 6.82 percent for FY 2010 March 31, 2009, and is available online review activities to the first two when compared to the base years.

TABLE 3.—WORKLOAD ADJUSTER CALCULATION FOR FY 2010

Column 1 Column 2b Column 3 5-Year Aver- Column 2a Adjustment for Column 2c is Percent Column 4 Column 5 Application Type age Base 5-Year Aver- Changes in Column 2a In- Change (Col- Weighting Weighted Per- Years 2002– age 2004– Review Activ- creased by umn 1 to Col- Factor cent Change 2007 2009 ity Column 2b umn 2c)

NDAs/BLAs 123.8 133.0 -0.73% 132.0 6.6% 34 .8% 2 .31%

Active commercial INDs1 5,528 .2 6,078 .0 -0.71% 6,035 .0 9 .2% 44 .5% 4.08%

Efficacy supplements 163.4 169.4 NA 169.4 3.7% 8 .7% 0.32%

Manufacturing supple- ments 2,589 .2 2,613.6 NA 2,613.6 0.9% 12.0% 0.11%

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TABLE 3.—WORKLOAD ADJUSTER CALCULATION FOR FY 2010—Continued

Column 1 Column 2b Column 3 5-Year Aver- Column 2a Adjustment for Column 2c is Percent Column 4 Column 5 Application Type age Base 5-Year Aver- Changes in Column 2a In- Change (Col- Weighting Weighted Per- Years 2002– age 2004– Review Activ- creased by umn 1 to Col- Factor cent Change 2007 2009 ity Column 2b umn 2c)

FY 2010 workload adjuster 6 .82% 1 Table 3 published in the Federal Register of August 1, 2008 (73 FR 45017), showed the average number of active INDs for the base years of 2002–2007 as 5,755.8. FDA discovered that a small subset of INDs had been double counted in the number reported last year. That error has been corrected in the revised number of 5528.2 reflected in the table this year. Had the error not been made, the workload adjustment in FY 2009 would have been 3.76 percent rather than the 2.98 percent published in the Federal Register last year.

The 2010 workload adjuster reflected E. Rent and Rent-Related Adjustment to years in FY 2006 (see section 736(c)(3) in the calculations in table 3 of this the FY 2010 Adjusted Fee Revenue of the act). The only fiscal year which document is 6.82 percent. Therefore the Amount has been completed, and for which FDA inflation-adjusted revenue amount of has complete data at this time, is FY $532,866,000 from section II.C of this PDUFA specifies that for FY 2010 and 2008. Table 4 of this document shows document will be increased by the 2010 each subsequent fiscal year, the revenue the estimates of rent and rent-related workload adjuster of 6.82 percent, amount will be decreased if the actual costs for FY 2008 made in 2006 and the resulting in a total adjusted revenue cost paid for rent and rent-related actual costs at the end of the fiscal year. amount in FY 2010 of $569,207,000, expenses for preceding fiscal years are rounded to the nearest thousand dollars. less than estimates made for such fiscal

TABLE 4.—COMPARISON OF ACTUAL AND ESTIMATED RENT AND RENT-RELATED EXPENSES FOR FY 2008

Estimates Made in 2006 Actual FY 2008 Year-End Costs

Center for Drug Evaluation and Research rent & rent-related ex- penses $46,732,000 $51,619,000

Center for Biologics Evaluation and Research rent & rent-related expenses $22,295,000 $26,715,000

TOTAL $69,027,000 $78,334,000

Because FY 2008 costs for rent and in FY 2010, as calculated previously in number for the final 3 months, as we rent-related items exceeded the this document. have done for the past 7 years. estimates of these costs made in 2006, Table 5 of this document shows, in B. Estimate of Number of Fee-Paying no decrease in the FY 2010 estimated column 1, the total number of each type Applications and Establishment of PDUFA revenues is required under this of FAE received in the first 9 months of Application Fees provision of PDUFA. FY 2009, whether fees were paid or not. PDUFA specifies that one-third of the For FY 2008 through FY 2012, FDA Column 2 shows the number of FAEs for total fee revenue is to be derived from will estimate the total number of fee- which fees were waived or exempted application fees, one-third from paying full application equivalents during this period, and column 3 shows establishment fees, and one-third from (FAEs) it expects to receive the next the number of fee-paying FAEs received product fees (see section 736(b)(2) of the fiscal year by averaging the number of through June 30, 2009. Column 4 act). Accordingly, one-third of the total fee-paying FAEs received in the 5 most estimates the 12-month total fee-paying revenue amount ($569,207,000), i.e., recent fiscal years. This use of the FAEs for FY 2009 based on the $189,736,000 (rounded to the nearest rolling average of the 5 most recent applications received through June 30, thousand dollars), is the total amount of fiscal years is the same method that has 2009. All of the counts are in FAEs. A fee revenue that will be derived from applied for the last 6 years. full application requiring clinical data each of these fee categories. In estimating the number of fee- counts as one FAE. An application not paying FAEs that FDA will receive in requiring clinical data counts as one- III. Application Fee Calculations FY 2010, the 5-year rolling average for half an FAE, as does a supplement A. Application Fee Revenues and the most recent 5 years will be based on requiring clinical data. An application Application Fees actual counts of fee-paying FAEs that is withdrawn, or refused for filing, received for FY 2005 through FY 2009. counts as one-fourth of an FAE if the Application fees will be set to For FY 2009, FDA is estimating the applicant initially paid a full generate one-third of the total fee number of fee-paying FAEs for the full application fee, or one-eighth of an FAE revenue amount, or $189,736,000, year based on the actual count for the if the applicant initially paid one-half of rounded to the nearest thousand dollars, first 9 months and estimating the the full application fee amount.

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TABLE 5.—FY 2009 FULL APPLICATION EQUIVALENTS RECEIVED THROUGH JUNE 30, 2009, AND PROJECTED THROUGH SEPTEMBER 30, 2009

Column 1 Column 2 Column 3 Total Received Fee Exempt or Total Fee Paying Column 4 Application or Action Through Waived Through Through 12-Month Fee- 6/30/2009 6/30/2009 6/30/2009 Paying Projection

Applications requiring clinical data 88 .75 32 .75 56 74 .7

Applications not requiring clinical data 15 .5 4.5 11 14 .7

Supplements requiring clinical data 47 .5 8 .5 39 52

Withdrawn or refused to file 0.625 0 0 .625 0.8

Total 153.375 45 .75 106.25 142 .2

In the first 9 months of FY 2009, FDA Dividing 106.25 by 3 and multiplying by received annually in the most recent 5- received 153.375 FAEs, of which 106.25 4 extrapolates the amount to the full 12 year period, and including our estimate were fee-paying. Based on data from the months of the fiscal year and projects for FY 2009, is 135.0 FAEs. FDA will set last 10 fiscal years, on average, 25 the number of fee-paying FAEs in FY fees for FY 2010 based on this estimate percent of the applications submitted 2008 at 142.2. as the number of full application each year come in the final 3 months. As table 6 of this document shows, equivalents that will pay fees. the average number of fee-paying FAEs

TABLE 6.—FEE-PAYING FAE 5-YEAR AVERAGE

Fiscal Year 2005 2006 2007 2008 2009 5-Year Average

Fee-Paying FAEs 121.5 136.7 134.4 140.0 142.2 135.0

The FY 2010 application fee is FDA will use 415 for its FY 2010 from product fees ($189,736,000) by the estimated by dividing the average estimate of establishments paying fees, estimated 2,380 products for a FY 2010 number of full applications that paid after taking waivers and reductions into product fee of $79,720 (rounded to the fees over the latest 5 years, 135.0, into account. The fee per establishment is nearest $10). the fee revenue amount to be derived determined by dividing the adjusted V. Fee Schedule for FY 2010 from application fees in FY 2010, total fee revenue to be derived from $189,736,000. The result, rounded to the establishments ($189,736,000) by the The fee rates for FY 2010 are set out nearest $100, is a fee of $1,405,500 per estimated 415 establishments, for an in table 7 of this document: full application requiring clinical data, establishment fee rate for FY 2010 of and $702,750 per application not $457,200 (rounded to the nearest $100). TABLE 7. requiring clinical data or per supplement requiring clinical data. B. Product Fees Fee Rates for Fee Category FY 2010 IV. Fee Calculations for Establishment At the beginning of FY 2009, the and Product Fees product fee was based on an estimate APPLICATIONS that 2,380 products would be subject to A. Establishment Fees Requiring clinical data ...... $1,405,500 and would pay product fees. By the end Not requiring clinical data $702,750 At the beginning of FY 2009, the of FY 2009, FDA estimates that 2,450 Supplements requiring clin- establishment fee was based on an products will have been billed for ical data ...... $702,750 estimate that 400 establishments would product fees, before all decisions on ESTABLISHMENTS ...... $457,200 be subject to, and would pay, fees. By requests for waivers, reductions, or PRODUCTS ...... $79,720 the end of FY 2009, FDA estimates that exemptions are made. FDA assumes that 450 establishments will have been there will be about 50 waivers and VIII. Fee Payment Options and billed for establishment fees, before all reductions granted. In addition, FDA Procedures decisions on requests for waivers or estimates that another 20 product fees A. Application Fees reductions are made. FDA again will be exempted this year based on the estimates that a total of 20 establishment orphan drug exemption in FDAAA (see The appropriate application fee fee waivers or reductions will be made section 736(k) of the act). FDA estimates established in the new fee schedule for FY 2009. In addition, FDA estimates that 2,380 products will qualify for must be paid for any application or that another 15 full establishment fees product fees in FY 2009, after allowing supplement subject to fees under will be exempted this year based on the for waivers and reductions, including PDUFA that is received after September orphan drug exemption in FDAAA (see the orphan drug products eligible under 30, 2009. Payment must be made in U.S. section 736(k) of the act). Subtracting 35 the FDAAA exemption, and will use currency by check, bank draft, or U.S. establishments (20 waivers plus the this number for its FY 2010 estimate. postal money order payable to the order estimated 15 establishments under the Accordingly, the FY 2010 product fee of the Food and Drug Administration. orphan exemption) from 450 leaves a rate is determined by dividing the Please include the user fee net of 415 fee-paying establishments. adjusted total fee revenue to be derived identification (ID) number on your

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check, bank draft, or postal money DEPARTMENT OF HEALTH AND organizations or individuals with order. Your payment can be mailed to: HUMAN SERVICES agreements to provide photocopying or Food and Drug Administration, P.O. medical record data abstracting services. Box 70963, Charlotte, NC 28272–0963. Health Resources and Services (a) PBS may inform the sexual and/or Administration If checks are to be sent by a courier needle-sharing partner(s) of a subject individual who is infected with the that requests a street address, the Privacy Act of 1974; Report of Altered human immunodeficiency virus (HIV) courier can deliver the checks to: Systems of Records of their exposure to HIV, under the Wachovia Bank, Attn: Food and Drug following circumstances: Administration Lockbox 70963, 1525 AGENCY: Department of Health and Human Services (HHS), Health 1. The information has been obtained West WT Harris Blvd., rm. NC0810, in the course of clinical activities at PHS Charlotte, NC 28262. (Note: This Resources and Services Administration (HRSA). facilities carried out by PHS personnel Wachovia Bank address is for courier or contractors; ACTION: delivery only.) Notice of Altered Systems of 2. The PHS employee or contractor Records (SOR). Please make sure that the FDA post has made reasonable efforts to counsel office box number (P.O. Box 70963) is SUMMARY: In accordance with the and encourage the subject individual to written on the check, bank draft, or requirements of the Privacy Act of 1974, provide the information to the postal money order. the Health Resources and Services individual’s sexual or needle-sharing Administration (HRSA) is proposing to partner(s); Wire transfer payment may also be 3. The PBS employee or contractor used. Please reference your unique user alter four existing systems of records (SORs) for the reasons indicated below: determines that the subject individual is fee ID number when completing your unlikely to provide the information to 09–15–0002: Records of Patient’s transfer. The originating financial the sexual or needle-sharing partner(s) Personal Valuables and Monies, HHS/ institution usually charges a wire or that the provision of such HRSA/BPHC transfer fee between $15.00 and $35.00. information cannot reasonably be Please ask your financial institution HRSA is updating the system verified; and about the fee and include it with your location, categories of individuals 4. The notification of the partner(s) is payment to ensure that your fee is fully covered by the system, storage, made, whenever possible, by the subject paid. The account information is as retrievability, safeguards, retention and individual’s physician or by a follows: New York Federal Reserve disposal, system manager, and professional counselor and shall follow notification procedure. HRSA is also Bank, US Dept of Treasury, TREAS standard counseling practices. (b) PHS adding a new routine use, number 3 NYC, 33 Liberty St., New York, NY may disclose information to State or (breach notification language). 10045, Acct. No.: 75060099, Routing local public health departments, to No.: 021030004, SWIFT: FRNYUS33, 09–15–0003: Contract Physicians and assist in the notification of the subject Consultants, HHS/HRSA/BPHC Beneficiary: FDA, 5600 Fishers Lane, individual’s sexual and/or needle- Rockville, MD 20857. HRSA is updating the system sharing partner(s), or in the verification location, categories of individuals that the subject individual has, notified Application fees can also be paid covered by the system, categories of such sexual or needle-sharing partner(s). online with an electronic check (ACH). records in the system, authority for HRSA is also adding one new routine FDA has partnered with the U.S. maintenance of the system, retention use, number 16 (breach notification Department of the Treasury to utilize and disposal, and system manager. language). Pay.gov, a Web-based payment HRSA is also adding a new routine use, 09–15–0028: Public Health Service application, for online electronic number 6 (breach notification language). Clinical Affiliation Trainee Records, payment. The Pay.gov feature is 09–15–0007: Patient’s Medical Record HHS/HRSA/BPHC available on the FDA Web site after the System Public Health Service HRSA is updating the system user fee ID number is generated. Hospitals, HHS/HRSA/BPHC location, authority for maintenance of The tax identification number of the HRSA is updating the system location the system, retrievability, safeguards, Food and Drug Administration is 53– (Appendix 2—Federal Records Centers), retention and disposal, and system 0196965. categories of individuals covered by the manager. HRSA is also deleting one system, categories of records in the routine use, number 2 (to B. Establishment and Product Fees system, authority for maintenance of the representatives of medical/allied health training program accreditation of PHS FDA will issue invoices for system, purpose of the system, physical Training Programs), and adding a new establishment and product fees for FY safeguards, retention and disposal, routine use, number 6 (breach 2010 under the new fee schedule in system manager, and notification notification language). August 2009. Payment will be due on procedure. HRSA is deleting four routine uses, numbers 6 (Bureau of DATES: HRSA filed an altered system October 1, 2009. FDA will issue Prisons (BP) to report results of report with the Chair of the House invoices in November 2010 for any examination and treatment of patients Committee on Government Reform and products and establishments subject to examined and/or treated for and on Oversight, the Chair of the Senate fees for FY 2010 that qualify for fees behalf of the BP), 7 (Federal, state or Committee on Homeland Security and after the August 2009 billing. private health benefit plans for billing Governmental Affairs, and the Dated: July 28, 2009. purposes), 14 (Disclosure may be made Administrator, Office of Information Jeffrey Shuren, to a private firm for the purpose of and Regulatory Affairs, Office of Associate Commissioner for Policy and collating, analyzing, aggregating or Management and Budget (OMB) on July Planning. otherwise refining records in this 23, 2009. To ensure all parties have [FR Doc. E9–18457 Filed 7–31–09; 8:45 am] system. The contractor is required to adequate time in which to comment, the maintain Privacy Act safeguards with altered systems, including the routine BILLING CODE 4160–01–S respect to such records), and 19 (To uses, will become effective 30 days from

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the publication of the notice or 40 days AUTHORITY FOR MAINTENANCE OF THE SYSTEM: cabinet or safe. Actions are documented from the date it was submitted to OMB Section 321 of the Public Health in the patient’s medical record. and Congress, whichever is later, unless Service Act. • Retrievability: Presentation of HRSA receives comments that require receipt flap, name, and hospital number. PURPOSE(S): alterations to this notice. Return of valuables is documented in The purpose of the system is to the medical record. ADDRESSES: Please address comments to provide for the safekeeping of patients’ • Safeguards: Associate Administrator, Health valuables. Records may also be used by 1. Authorized Users: DNHDP Resources and Services Administration, the HHS Audit Agency for audit personnel responsible for the security of 5600 Fishers Lane, Room 17–105, purposes. valuables and monies. Rockville, Maryland 20857. Comments 2. Physical Safeguards: All documents received will be available for inspection ROUTINE USES OF RECORDS MAINTAINED IN THE are protected during lunch hours and SYSTEM, INCLUDING CATEGORIES OF USERS AND at this same address from 9 a.m. to 3 nonworking hours in locked file THE PURPOSES OF SUCH USES: p.m. (Eastern Standard Time Zone), cabinets or locked storage areas. Monday through Friday. 1. Disclosure may be made to a 3. Procedural Safeguards: All users of congressional office from the record of FOR FURTHER INFORMATION CONTACT: personal information in connection with an individual in response to a verified Renee Painter, Administrative Officer, the performance of their jobs protect inquiry from the congressional office National Hansen’s Disease Program, information from public view and from made at the written request of that Bureau of Primary Health Care, 1770 unauthorized personnel entering an individual. Physician’s Park Drive, Room 113, unsupervised office. Access to records is 2. The Department may disclose Baton Rouge, Louisiana 70816; strictly limited to those staff members information from this system of records Telephone (225) 756–3773. This is not trained in accordance with the DHHS to the Department of Justice, or to a a toll-free number. Chapter 45–13 and Chapter PHS.hf: 45– court or other tribunal, when 13 of the General Administration SUPPLEMENTARY INFORMATION: HRSA’s a. HHS, or any component thereof; or Manual. Bureau of Primary Health Care’s b. Any HHS employee in his or her National Hansen’s Disease Program official capacity; or RETENTION AND DISPOSAL: (NHDP) (formerly Gillis W. Long c. Any HHS employee in his or her Documentation within the medical Hansen’s Disease Center) relocated from individual capacity where the record is retained indefinitely until Carville, Louisiana, to Baton Rouge, Department of Justice (or HHS, where it authority to destroy medical records is Louisiana. The proposed changes to the is authorized to do so) has agreed to received. systems of records maintained at the represent the employee; or NHDP are to update the system location, d. The United States or any agency HOW DESTROYED: categories of individuals covered by the thereof where HHS determines that the Incinerator or shredding. systems, categories of records in the litigation is likely to affect HHS or any SYSTEM MANAGER(S) AND ADDRESS: of its components, is a party to litigation systems, authority for maintenance of Medical Records Coordinator, or has an interest in such litigation, and the systems, routine uses, retrievability, National Hansen’s Disease Program, HHS determines that the use of such storage, safeguards, retention and 1770 Physician’s Park Drive, Baton records by the Department of Justice, the disposal, system managers, and Rouge, Louisiana 70816. notification procedures. court or other tribunal is relevant and NOTIFICATION PROCEDURE: Dated: July 9, 2009. necessary to the litigation and would help in the effective representation of Mary K. Wakefield, Write to the National Hansen’s the governmental party, provided, Disease Program, Medical Records Administrator. however, that in each case, HHS Coordinator, 1770 Physician’s Park SYSTEM NUMBER: determines that such disclosure is Drive, Baton Rouge, Louisiana 70816. compatible with the purpose for which Individual must provide positive 09–15–0002. the records were collected. identification such as driver’s license, SYSTEM NAME: 3. To appropriate Federal agencies passport, voter registration card, union and Department contractors that have a card, or a written certification verifying Record of Patients’ Personal Valuables need to know the information for the his or her identity. Requesters should and Monies, HHS/HRSA/BPHC. purpose of assisting the Department’s also reasonably specify the record SECURITY CLASSIFICATION: efforts to respond to a suspected or contents being sought. confirmed breach of the security or None. confidentiality of information RECORD ACCESS PROCEDURES: Same as notification procedures. SYSTEM LOCATION: maintained in this system of records, and the information disclosed is National Hansen’s Disease Program, CONTESTING RECORD PROCEDURES: relevant and necessary for that Write to the official at the address 1770 Physician’s Park Drive, Baton assistance. Rouge, Louisiana 70816. specified in the notification procedures POLICIES AND PRACTICES FOR STORING, above, and reasonably identify the CATEGORIES OF INDIVIDUALS COVERED BY THE RETRIEVING, ACCESSING, RETAINING, AND record, specify the information to be SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: contested, and state the corrective Individuals admitted to the National • Storage: Valuables and monies action sought, with supporting Hansen’s Disease Program (NHDP). (contents verified by the patient and a justification. witness) are placed in an envelope by RECORD SOURCE CATEGORIES: CATEGORIES OF RECORDS IN THE SYSTEM: the patient. Name, hospital number, and Patient and admission record. Information regarding personal list of contents are written on the valuables such as watches or rings, and envelope and on flap. It is sealed and SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS monies checked in by the patients for receipt flap is given to the patient. The OF THE ACT: safe-keeping. envelope is then placed in locked None.

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SYSTEM NUMBER: whether Federal, State or local, charged confirmed breach of the security or 09–15–0003 with the responsibility of investigating confidentiality of information or prosecuting such violation or charged maintained in this system of records, SYSTEM NAME: with enforcing or implementing the and the information disclosed is Contract Physicians and Consultants, statute, or rule, regulation or order relevant and necessary for that HHS/HRSA/BPHC. issued pursuant thereto. assistance. 3. Where a contract between a SECURITY CLASSIFICATION: component of the Department and a POLICIES AND PRACTICES FOR STORING, None. labor organization recognized under RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: E.O. 11491 provides that the agency will SYSTEM LOCATION: • disclose personal records relevant to the Storage: File folders. • National Hansen’s Disease Program, organization’s mission, records in this Retrievability: Name and contract 1770 Physician’s Park Drive, Baton system of records may be disclosed to number. • Rouge, Louisiana 70816. such organization. Safeguards: 1. Authorized Users: HHS medical CATEGORIES OF INDIVIDUALS COVERED BY THE 4. The Department may disclose and financial management staff and SYSTEM: information from this system of records to the Department of Justice, or to a contracting personnel. Medical and allied health court or other tribunal, when (a) HHS, 2. Physical Safeguards: All documents professionals (e.g., physicians, nurses, or any component thereof; or (b) Any are protected during lunch hours and physical therapists, and dentists) who HHS employee in his or her official nonworking hours in locked file have contracted with the National capacity; or (c) Any HHS employee in cabinets or locked storage areas. Hansen’s Disease Program to provide his or her individual capacity where the 3. Procedural Safeguards: All users of services to beneficiaries. Department of Justice (or HHS, where it personal information in connection with CATEGORIES OF RECORDS IN THE SYSTEM: is authorized to do so) has agreed to the performance of their jobs protect information from public view and from Duplicate of original contract and represent the employee; or (d) The unauthorized personnel entering an personal data qualifications. Original United States or any agency thereof unsupervised office. Access to records is contracts developed by the National where HHS determines that the strictly limited to those staff members Hansen’s Disease Program. litigation is likely to affect HHS or any of its components is a party to litigation trained in accordance with DHHS AUTHORITY FOR MAINTENANCE OF THE SYSTEM: or has an interest in such litigation, and Chapter 45–13 and Chapter PHS.hf: 45– Section 320 of the Public Health HHS determines that the use of such 13 of the General Administration Service Act, as amended (42 U.S.C. records by the Department of Justice, the Manual. court or other tribunal is relevant and 247e), the National Hansen’s Disease RETENTION AND DISPOSAL: Program; section 321 of the Public necessary to the litigation and would Duplicate contracts: Held 1–3 years Health Service Act, as amended (42 help in the effective representation of dependent upon renewal. Destroyed per U.S.C. 248), Control and Management of the governmental party, provided, authority General Records Schedule 5 Hospitals; and section 326 of the Public however, that in each case, HHS and 7. Health Service Act, as amended (42 determines that such disclosure is U.S.C. 253), Medical services to Coast compatible with the purpose for which ORIGINAL CONTRACTS: Guard, National Oceanic and the records were collected. 1. Transactions of more than 10,000: 5. Disclosure may be made to State Atmospheric Administration, and the Destroy 6 years and 3 months after final Boards of Medical Examiners and to Public Health Service. payment. equivalent State licensing boards of 2. Transactions of 10,000 or less: PURPOSE(S): professional review actions which Destroy 3 years after final payment. To monitor contract negotiations and adversely affect the clinical privileges of compliance, to review credentials, and health care professionals who either: SYSTEM MANAGER(S) AND ADDRESS: to collect statistical data required to 1. Are or were employed by the Contracting Officer, National manage the program. Federal Government; Hansen’s Disease Program, 1770 2. Provide or have provided health ROUTINE USES OF RECORDS MAINTAINED IN THE Physician’s Park Drive, Baton Rouge, care service under a fee-for-service Louisiana 70816. SYSTEM, INCLUDING CATEGORIES OF USERS AND contract with the Federal Government; THE PURPOSES OF SUCH USES: or NOTIFICATION PROCEDURE: 1. Disclosure may be made to a 3. Provide or have provided health To determine if a record exists, write congressional office from the record of care services on behalf of the Federal to the System Manager at the address an individual in response to a verified Government as a volunteer or as a above. The individual must provide inquiry from the congressional office visiting fellow. positive identification, such as driver’s made at the written request of that Boards of Medical Examiners and license, passport, voter registration card, individual. equivalent State licensing boards are or written certification verifying his or 2. In the event that a system of records required by the Health Care Quality her identity. Requesters should also maintained by this agency to carry out Improvement Act of 1986 and by the reasonably specify the record contents its functions indicates a violation or Medicare and Medicaid Patient and being sought. potential violation of law, whether civil, Program Protection Act of 1987 to report criminal or regulatory in nature, and this information to the National RECORD ACCESS PROCEDURES: whether arising by general statute or Practitioner Data Bank. Same as notification procedures. particular program statute, or by 6. To appropriate Federal agencies regulation, rule or order issued pursuant and Department contractors that have a CONTESTING RECORD PROCEDURES: thereto, the relevant records in the need to know the information for the Write to the System Manager at the system of records may be referred, as a purpose of assisting the Department’s address specified above, and reasonably routine use, to the appropriate agency, efforts to respond to a suspected or identify the record, specify the

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information to be contested, and state • Area served: San Diego and San treatment to furnish documentary the corrective action sought, with Pedro. Federal Records Center, P.O. Box evidence of the course of the patient’s supporting justification. 6719, 23123 Cajalco Road, Perris, medical evaluation, treatment and California 92570–7298. change in condition during the hospital RECORD SOURCE CATEGORIES: • Area served: Philadelphia and stay, ambulatory care or emergency Medical, allied health professionals Pittsburg. Federal Records Center, 14700 visit, or while being followed in a and dentists. Townsend Road, Philadelphia, facility-based home care program; SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Pennsylvania 19154–1096. 2. To document communications • OF THE ACT: Area served: San Francisco and between the responsible practitioner None. Honolulu. Federal Records Center, 1000 and any other health professional’s Commodore Drive, San Bruno, contribution to the patient’s care and SYSTEM NUMBER: California 94066–2350. treatment in order to assist in protecting 09–15–0007 • Area served: Honolulu and the legal interests of the patient, the Portland, Oregon. Federal Records hospital or clinic, and responsible SYSTEM NAME: Center, 6125 Sand Point Way, NE., practitioners; Patients Medical Record System Seattle, Washington 98115–7999. 3. To provide data for use in facility Public Health Service Hospitals, HHS/ • Area served: Buffalo, DC, Norfolk, management, continuing education, HRSA/BPHC. Port Arthur, St. Louis Space Park Department initiatives, quality SECURITY CLASSIFICATION: Memorial, Seattle, New Orleans, Tampa, assurance activities and research at the National Hansen’s Disease Program, None. San Francisco, Galveston, Seattle and Maryland. Washington National Records Baton Rouge, Louisiana. SYSTEM LOCATION: Center, 4205 Suitland Road, Suitland, ROUTINE USES OF RECORDS MAINTAINED IN THE See Appendices 1 and 2. A list of sites Maryland 20746. • SYSTEM, INCLUDING CATEGORIES OF USERS AND where individually identifiable data is Area served: Boston, Maine, THE PURPOSES OF SUCH USES: currently located is available upon Massachusetts, Kentucky and Indiana. Disclosure may be made to: request to the System Manager. Federal Records Center, 380 Trapelo 1. Any community health Appendix 1 Road, Waltham, Massachusetts 02154– organization, government agency, A. Public Health Service Facilities: 6399. private physician and/or company • Director, Public Health Service Health Area served: Individuals with which has requested or arranged for an Data Center, 1770 Physicians Park Hansen’s disease, examined and/or examination, treatment or care of an Drive, Baton Rouge, Louisiana 70816. treated at the National Hansen’s Disease individual. B. Successor Organizations: Director, Program (formerly Public Health Service 2. Army, Navy, Air Force to report Johns Hopkins Medical Service, 3100 Hospital), National Hansen’s Disease results of examination or treatment of Wyman Park Drive, Baltimore, Programs, 1770 Physician’s Park Drive, their uniformed service personnel. Maryland 21211. Administrator, Baton Rouge, Louisiana 70816. 3. Department of Transportation to Lutheran Medical Center, 2609 Franklin report results of examination/treatment CATEGORIES OF INDIVIDUALS COVERED BY THE Boulevard, Cleveland, Ohio 44114. SYSTEM: of their uniformed services personnel Administrator, Martins Point Health found to be suffering from conditions Uniformed and non-uniformed Center, 331 Veranda Street, Portland, that render them hazardous to individuals treated as inpatients in Maine 04103. Director, Pacific Medical themselves or to others. Center, 1200 12th Avenue South, Public Health Service Hospitals. 4. Department of Commerce to report Seattle, Washington 98144. CATEGORIES OF RECORDS IN THE SYSTEM: results of examination/treatment of Appendix 2—Federal Records Centers uniformed services and other personnel • Medical examination, diagnostic and Area served: Buffalo, New York treatment data; information for proof of of that agency. OutPatient Clinic, San Juan, and Staten eligibility; social data such as address 5. Immigration and Customs Island. Central Plains Federal Records and birth date; disease registers, such as Enforcements (ICE) to report results of Center, 200 Space Center Drive, Lee’s Hansen’s disease and tumor and examination/treatment of aliens Summit, Missouri 64064–1182. surgical procedure registers; treatment examined and treated for and in behalf • Area served: Chicago and Detroit. logs, medical summaries and of that agency. Federal Records Center, 7358 S. Pulaski 6. U.S. Department of Labor, Office of correspondence (for example, family to Road, Chicago, Illinois 60629–5898. Workers’ Compensation Programs for doctor, doctor to doctor, doctor to • Area served: Cincinnati and Detroit. persons claiming compensation benefits clinic). Federal Records Center, 3150 due to personal injury while employed Springboro Road, Dayton, Ohio 45439– AUTHORITY FOR MAINTENANCE OF THE SYSTEM: by the Government. 1883. Section 320 of the Public Health 7. Organizations such as Joint • Area served: Atlanta, Charleston, Service Act, as amended (42 U.S.C. Commission on Accreditation of Jacksonville, Memphis, Miami, Mobile, 247e), the National Hansen’s Disease Hospitals for accreditation of hospitals Savannah and Tampa. Federal Records Program; and section 326 of the Public and clinics, and American Medical Center, 4712 Southpark Boulevard, Health Service Act, as amended (42 Association for accreditation of resident Ellenwood, Georgia 30294. U.S.C. 253), Medical Services to Coast training programs. Medical records are • Area served: 090 section of Guard, National Oceanic and used to document quality of service by Houston, New Orleans, Galveston and Atmospheric Administration, and health care providers. Nassau Bay. Federal Records Center, Public Health Service. 8. Health professions students serving P.O. Box 6216, Fort Worth, Texas 76115. an affiliation at the institution and their • Area served: 512 section of PURPOSE(S): parent education program; students Houston, New Orleans, Galveston/ The purposes of this system are: provide patient care and use medical Nassau Bay. Federal Records Center, 1. To serve as a basis for planning records in performance of their duties. 17501 W. 98th Street, Suite 47–48, patient care and for continuity in the 9. Non-agency physicians providing Lenexa, Kansas 66219. evaluation of the patient’s condition and continuing care to current and former

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Public Health Service Beneficiaries, may be required by health providers and • Retrievability: Indexed by name, laboratories performing tests for the facilities, by state law, or regulation of register number, number control continuing care of these patients, and the department of health or other agency register, disease and operation, and successor organizations providing of the state or its subdivision in which uniformed services service number health care in former Public Health the facility is located. Disclosure may be (which is the Social Security number Service hospitals and clinics. made to organizations as specified by (SSN)). Those records indexed by SSN 10. Veterans Administration to assist the state law or regulation such as birth are retrieved in accordance with section uniformed service personnel, retirees and deaths to vital statistics agencies 7(a)(2)(B) of the Privacy Act. and veterans to obtain medical care or and crimes to law enforcement agencies. • Safeguards: benefits. Disclosure of the contents of records 1. Authorized Users: Health care 11. Disclosure may be made to a which pertain to patient identity, practitioners, and other allied health congressional office from the record of diagnosis, prognosis or treatment of personnel, medical and allied health an individual in response to a verified alcohol or drug abuse is restricted under students and administrative personnel inquiry from the congressional office the provisions of the Confidentiality of for determination of eligibility for care made at the written request of that Alcohol and Drug Abuse Patient and facility management; qualified individual. Records Regulations 42 CFR part 2 as research personnel with approved 12. A record may be disclosed for a authorized by 21 U.S.C. 1175 and 42 protocol; Public Health Service research purpose, when the Department: U.S.C. 4582, as amended by Public Law Commissioned Personnel Operations (a) Has determined that the use or 93–283. To the extent possible, identical Division; and Public Health Service disclosure does not violate legal or restrictions are applied to the disclosure Claims Officer. policy limitations under which the of the contents of records pertaining to 2. Physical Safeguards: Magnetic record was provided, collected, or individuals with other programs who tapes, discs, other computer equipment obtained; (b) has determined that the are participating in employee and other forms of personal data are research purpose (1) cannot be counseling programs. stored in areas where fire and life safety reasonably accomplished unless the 15. In the event of litigation where the codes are strictly enforced. All record is provided in individually defendant is documents are protected during lunch identifiable form, and (2) warrants the a. The Department, any component of hours and nonworking hours in locked risk to the privacy of the individual that the Department, or any employee of the file cabinets in double-locked storage additional exposure of the record might Department in his or her official areas. bring; (c) has required the recipient to— capacity; 3. Procedural Safeguards: A password (1) establish reasonable administrative, b. The United States where the is required to access the terminal and a technical, and physical safeguards to Department determines that the claim, if data set name controls the release of prevent unauthorized use or disclosure successful, is likely to directly affect the data only to authorized users. All users of the record, and (2) remove or destroy operations of the Department or any of of personal information in connection the information that identifies the its components; or with the performance of their jobs individual at the earliest time at which c. Any Department employee in his or protect information from public view removal or destruction can be her individual capacity where the and from unauthorized personnel accomplished consistent with the Justice Department has agreed to entering an unsupervised office. Access purpose of the research project, unless represent such employee, for example in to records is strictly limited to those the recipient has presented adequate defending a claim against the Public staff members trained in accordance justification of a research or health Health Service based upon an with Privacy Act safeguards. The nature for retaining such information, individual’s mental or physical contractor is required to maintain and (3) make no further use or condition and alleged to have arisen confidentiality safeguards with respect disclosure of the record except—(A) in because of activities of the Public Health to these records. These safeguards are in emergency circumstances affecting the Service in connection with such accordance with DHHS Chapter 45–13 health or safety of any individual, (B) individual. Disclosure may be made to and supplementary Chapter PHS.hf: 45– for use in another research project, the Department of Justice to enable that 13 of the General Administration under these same conditions, and with Department to present an effective Manual, and Part 6 of the DHHS written authorization of the Department, defense, provided that such disclosure Information Resources Management (C) for disclosure to a properly is compatible with the purpose for Manual. The Memorandums of identified person for the purpose of an which the records were collected. Agreement between the successor audit related to the research project, if 16. To appropriate Federal agencies organizations and the Public Health information that would enable research and Department contractors that have a Service require the successor subjects to be identified is removed or need to know the information for the organizations to comply with the destroyed at the earliest opportunity purpose of assisting the Department’s Privacy Act. Public Health Service and consistent with the purpose of the audit, efforts to respond to a suspected or HHS guidelines have been provided to or (D) when required by law; (d) has confirmed breach of the security or each successor organization. secured a written statement attesting to confidentiality of information RETENTION AND DISPOSAL: the recipient’s understanding of, and maintained in this system of records, willingness to abide by these provisions. and the information disclosed is 1. Former Public Health Service 13. Organizations deemed qualified relevant and necessary for that Hospitals/Clinics: Destroyed 50 years by the Secretary to carry out quality assistance. after date of last treatment, inactive assessment, medical audits or medical records for active duty utilization review. POLICIES AND PRACTICES FOR STORING, uniformed service personnel and non- 14. Information regarding the RETRIEVING, ACCESSING, RETAINING, AND uniformed service personnel. commission of crimes or the reporting DISPOSING OF RECORDS IN THE SYSTEM: 2. National Hansen’s Disease Program: or occurrence of communicable • Storage: File folders, magnetic tape, Retained at facility—not transferred to a diseases, tumors, child abuse, births, disk or laser optical media, punch cards, Federal Records Center. Destroyed, as deaths, alcohol or drug abuse, etc. as and microfilm. appropriate, after 50 years, or when no

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longer needed for research purposes, as SYSTEM NAME: Department of Justice (or HHS, where it determined by the project leader or Public Health Service Clinical is authorized to do so) has agreed to principal investigator. Affiliation Trainee Records, HHS/ represent the employee; or HRSA/BPHC. d. The United States or any agency SYSTEM MANAGER(S) AND ADDRESS: thereof where HHS determines that the SECURITY CLASSIFICATION: Director, Public Health Service Health litigation is likely to affect HHS or any Data Center, National Hansen’s Disease None. of its components, is a party to litigation Program, 1770 Physician’s Park Drive, SYSTEM LOCATION: or has an interest in such litigation, and Baton Rouge, Louisiana 70816. National Hansen’s Disease Program, HHS determines that the use of such records by the Department of Justice, the NOTIFICATION PROCEDURE: 1770 Physicians Park Drive, Baton Rouge, Louisiana 70816. court or other tribunal is relevant and To determine the existence of a necessary to the litigation and would record, write to: Public Health Service CATEGORIES OF INDIVIDUALS COVERED BY THE help in the effective representation of Health Data Center, National Hansen’s SYSTEM: the governmental party, provided, Disease Program, 1770 Physician’s Park Students in Public Health Service however, that in each case, HHS Drive, Baton Rouge, Louisiana 70816. training programs or serving clinical determines that such disclosure is If requesting records by mail, a affiliation in National Hansen’s Disease compatible with the purpose for which written certification verifying identity Program. the records were collected. must be provided. If appearing in CATEGORIES OF RECORDS IN THE SYSTEM: 5. To appropriate Federal agencies person at the National Hansen’s Disease and Department contractors that have a Transcripts of past education, Program, Baton Rouge, Louisiana, need to know the information for the application for training, training positive identification such as a driver’s purpose of assisting the Department’s program staff and clinical supervisor license, passport, or voter’s registration efforts to respond to a suspected or evaluations and progress reports, course card must be provided. An individual confirmed breach of the security or grades and evidence of completion of who requests access to a medical/dental confidentiality of information training requirements. record shall designate in writing, at the maintained in this system of records, time the request is made, a responsible AUTHORITY FOR MAINTENANCE OF THE SYSTEM: and the information disclosed is representative who will be willing to Section 320 of the Public Health relevant and necessary for that review the record and inform the subject Service Act, as amended (42 U.S.C. assistance. individual of its contents. Finally, a 247e), the National Hansen’s Disease parent or guardian who requests POLICIES AND PRACTICES FOR STORING, Program; and section 327A of the Public RETRIEVING, ACCESSING, RETAINING, AND notification of access to a child’s/ Health Service Act, as amended (42 DISPOSING OF RECORDS IN THE SYSTEM: incompetent person’s record shall U.S.C. 254), Interdepartmental Work. • designate a family physician or other Storage: File folders. health professional (other than a family PURPOSE(S): • Retrievability: By year of training member) to whom the record, if any, To provide communication between and alphabetically by last name. will be sent. The parent or guardian educational and supervisory staff for • Safeguards: must verify relationship to the child/ evaluation of trainees. Æ Authorized Users: Rehabilitation incompetent person as well as his/her and Educational Services Coordinator, ROUTINE USES OF RECORDS MAINTAINED IN THE own identity. SYSTEM, INCLUDING CATEGORIES OF USERS AND National Hansen’s Disease Program, THE PURPOSES OF SUCH USES: work and staff supervisors and RECORD ACCESS PROCEDURES: administrative personnel. Disclosure may be made: Æ Same as notification procedures. To Educational Program staff of Physical Safeguards: All documents Requesters should also reasonably affiliated college/university to provide are protected during lunch hours and specify the record contents being reports of student trainee’s progress in nonworking hours in locked file sought. training; cabinets and locked storage areas. 1. To prospective employers for Æ Procedural Safeguards: All users of CONTESTING RECORD PROCEDURES: professional reference; personal information in connection with Contact the official at the address 2. To professional boards or the performance of their jobs protect specified in the notification procedures associations to certify the student’s information from public view and from above, and reasonably identify the progress in or completion of training as unauthorized personnel entering an record, specify the information to be required for professional license, unsupervised office. Access to records is contested, and state the corrective registration certification, etc. strictly limited to those staff members action sought, with supporting 3. To a congressional office from the trained in accordance with DHHS justification. record of an individual in response to a Chapter 45–13 and Chapter PHS.hf: 45– verified inquiry from the congressional 13 of the General Administration RECORD SOURCE CATEGORIES: office made at the written request of that Manual. Individual, health care personnel, individual. other hospitals and physicians, 4. The Department of Health and RETENTION AND DISPOSAL: employers, social agencies, maritime Human Services (HHS) may disclose Retained 5 years, then destroyed per unions, shipping companies. information from this system of records authority of General Records Schedule to the Department of Justice, or to a 1.29. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS court or other tribunal, when OF THE ACT: a. HHS, or any component thereof; or SYSTEM MANAGER(S) AND ADDRESS: None. b. Any HHS employee in his or her Rehabilitation and Educational official capacity; or Services Coordinator, National Hansen’s SYSTEM NUMBER: c. Any HHS employee in his or her Disease Program, 1770 Physician’s Park 09–15–0028 individual capacity where the Drive, Baton Rouge, Louisiana 70816.

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NOTIFICATION PROCEDURE: 2. The anticipated start date is in equipment for communications and The individual should contact the September 2009. production of educational materials, Director, National Hansen’s Disease 3. The opening date is August 3, 2009. and possible part-time student labor for Program, 1770 Physicians Park Drive, 4. The expiration date is August 25, temporary assignments. Baton Rouge, Louisiana 70816, and 2009. B. Research Objectives provide name, date of birth and FOR FURTHER INFORMATION AND The Seafood HACCP Alliance remains approximate dates of training to allow ADDITIONAL REQUIREMENTS CONTACT: positive identification of the record. Center Contact: Barbara Kennedy, the primary training and educational program supporting both regulatory and Center for Food Safety and Applied RECORD ACCESS PROCEDURES: commercial governance of seafood and Nutrition (HFS–669), 5100 Paint Same as notification procedures. aquaculture product safety in the U.S.A. Requesters should also reasonably Branch Pkwy., College Park, MD Leadership for the Alliance has been specify the record contents being 20740, 301–436–2056, e-mail: anchored in the Florida Sea Grant sought. [email protected]. College Program based at the University Scientific/Programmatic Contact: of Florida since its beginning in 1994. CONTESTING RECORD PROCEDURES: Stanley Serfling, Center for Food The Alliance continues to function Contact the facility mentioned at the Safety and Applied Nutrition (HFS– under the structure of a formal Steering address specified in the notification 325), 5100 Paint Branch Pkwy., Committee, which is built on a procedures above, and reasonably College Park, MD 20740, 301–436– backbone of cooperative extension identify the record, specify the 2320, e-mail: services aligned with representation information to be contested, and state [email protected]. from every pertinent federal agency, i.e., corrective action sought, with Grants Management Contact: Camille the U.S. Department of Agriculture, supporting justification. Peake, Division of Acquisition FDA, and the U.S. Department of Support and Grants (HFA–500), RECORD SOURCE CATEGORIES: Commerce, and the leading national Food and Drug Administration , seafood trade associations, i.e., National Individuals, clinical supervisors, 5630 Fishers Lane, rm. 2139, instructors, training program staff and Fisheries Institute and the National Rockville, MD 20857, 301–827– Food Processors Association (recently administrative personnel of facility and 7175, FAX: 301–827–7101, e-mail: affiliated college/university. changed to the Seafood Processors [email protected]. Association). This is a large, complex, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS For more information on this funding and multifaceted effort that involves OF THE ACT: opportunity announcement (FOA) and every pertinent state regulatory agency None. to obtain detailed requirements, please in the nation with protocols established refer to the full FOA located at http:// [FR Doc. E9–18439 Filed 7–31–09; 8:45 am] through the Association of Food & Drug www.cfsan.fda.gov. Officials (AFDO) and the six regional BILLING CODE 4160–15–P SUPPLEMENTARY INFORMATION: AFDO affiliates. The protocols include standards for approving training I. Funding Opportunity Description DEPARTMENT OF HEALTH AND materials, trainers, and courses, and HUMAN SERVICES RFA–FD–09–014 procedures for certifications and records Catalog of Federal Domestic Assistance for course graduates and evaluations. Food and Drug Administration Number: 93.103 This organizational structure has involved every state in the nation and [Docket No. FDA–2009–N–0351] A. Background every cooperative extension program in Seafood Hazard Analysis and Critical This FOA issued by the Office of Food the respective state universities. The Control Points Alliance for Education Safety is soliciting a sole source grant Alliance is well recognized across the and Training (U18) application from University of Florida nation and about the world, and their that proposes to provide funding in educational services are expected. This AGENCY: Food and Drug Administration, support of the Seafood HACCP Alliance network remains experienced and HHS. for Education and Training. The poised for continuing services. ACTION: Notice. Seafood HACCP Alliance remains the In addition, FDA will support the primary training and educational general management of the Seafood SUMMARY: The Food and Drug program supporting both regulatory and HACCP Alliance as positioned in the Administration (FDA) is announcing its commercial governance of seafood and Florida Sea Grant College Program at the intention to receive and consider a aquaculture product safety in the U.S.A. University of Florida. The activities single source application for the award FDA actively participates with the associated with Alliance Steering of a cooperative agreement in fiscal year Alliance and values their educational Committee objectives are multifaceted 2009 (FY09) to the University of Florida programs, which are essential and and involve numerous individuals for the support of the Seafood Hazard consistent with the prevailing federal about the nation working through the Analysis and Critical Control Points mandates for HACCP education and wide variety of programs. These (HACCP) Alliance for Education and training for commercial interests and working arrangements have been in Training. The goal of the Seafood inspectors in state and federal agencies. operation and productive for well over HACCP Alliance for Education and Our funds will provide partial support, 10 years. Training is to provide partial support, periodic clerical assistance, and This cooperative agreement will periodic clerical assistance, and personnel travel to national and enable the University of Florida to personnel travel to national and international events and committee continue and strengthen the valued international events and committee meetings. These are pertinent to the utility and proven impacts of the meetings. Alliance Steering Committee objectives: existing Seafood HACCP Alliance for DATES: Important dates are as follows: Related supplies for communications Education and Training through 1. The application due date is August and educational programs, updates, additions, and new programs 24, 2009. telecommunication and computer that address the changes in seafood

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safety risks, regulations, and commerce Register.) For paper submissions, the Stafford Disaster Relief and Emergency that have occurred through the past following steps are required: Assistance Act, 42 U.S.C. 5121 et seq. (the decade. These changes are particularly • Step 1: Obtain a Dun and Bradstreet ‘‘Stafford Act’’). Therefore, I declare that such necessary to address the emerging Number (DUNS) a major disaster exists in the State of concerns for imported products and • Step 2: Register With Central Tennessee. new regulatory guidance anticipated in Contractor Registration In order to provide Federal assistance, you early 2009. • Step 3: Register With Electronic are hereby authorized to allocate from funds Research Administration (eRA) available for these purposes such amounts as C. Eligibility Information Commons you find necessary for Federal disaster Competition is limited to the Steps 1 and 2, in detail, can be found assistance and administrative expenses. University of Florida. FDA believes that at: http://www07.grants.gov/applicants/ You are authorized to provide Public continued support of Seafood HACCP organization_registration.jsp. Step 3, in Assistance in the designated areas, Hazard Alliance for Education and Training is detail, can be found at https:// Mitigation throughout the State, and any other forms of assistance under the Stafford appropriate because the University of commons.era.nih.gov/commons/ Florida is uniquely qualified to fulfill Act that you deem appropriate. Consistent registration/registrationInstructions.jsp. with the requirement that Federal assistance the objectives of the proposed After you have followed these steps, cooperative agreement. is supplemental, any Federal funds provided submit paper applications to: Camille under the Stafford Act for Public Assistance II. Award Information/Funds Available Peake (see FOR FURTHER INFORMATION and Hazard Mitigation will be limited to 75 AND ADDITIONAL REQUIREMENTS CONTACT). percent of the total eligible costs. If Other A. Award Amount Dated: July 27, 2009. Needs Assistance under Section 408 of the The estimated amount of funds Jeffrey Shuren, Stafford Act is later requested and warranted, available for support in FY09 will be for Associate Commissioner for Policy and Federal funding under that program will also up to $115,000 total costs (direct plus Planning. be limited to 75 percent of the total eligible indirect costs), with the possibility of 4 costs. [FR Doc. E9–18416 Filed 7–31–09; 8:45 am] additional years of support for up to Further, you are authorized to make $460,000, subject to the availability of BILLING CODE 4160–01–S changes to this declaration to the extent funds. Future year amounts will depend allowable under the Stafford Act. on annual appropriations and successful performance. DEPARTMENT OF HOMELAND The Federal Emergency Management SECURITY Agency (FEMA) hereby gives notice that B. Length of Support pursuant to the authority vested in the The award will provide 1 year of Federal Emergency Management Administrator, under Executive Order support and include future Agency 12148, as amended, Terry L. Quarles, of recommended support for 4 additional [Internal Agency Docket No. FEMA–1851– FEMA is appointed to act as the Federal years, contingent upon satisfactory DR; Docket ID FEMA–2008–0018] Coordinating Officer for this major performance in the achievement of disaster. project and program reporting objectives Tennessee; Major Disaster and Related The following areas of the State of during the preceding year and the Determinations Tennessee have been designated as availability of Federal FY AGENCY: Federal Emergency adversely affected by this major disaster: appropriations. Management Agency, DHS. Fayette, Haywood, and Shelby Counties for III. Paper Application, Registration, ACTION: Notice. Public Assistance. and Submission Information All counties within the State of Tennessee SUMMARY: To submit a paper application in This is a notice of the are eligible to apply for assistance under the response to this FOA, applicants should Presidential declaration of a major Hazard Mitigation Grant Program. first review the full announcement disaster for the State of Tennessee The following Catalog of Federal Domestic located at http://www.cfsan.fda.gov. A (FEMA–1851–DR), dated July 13, 2009, Assistance Numbers (CFDA) are to be used copy of the full text of this and related determinations. for reporting and drawing funds: 97.030, announcement will be posted on FDA’s DATES: Effective Date: July 13, 2009. Community Disaster Loans; 97.031, Cora Center for Food Safety and Applied FOR FURTHER INFORMATION CONTACT: Brown Fund; 97.032, Crisis Counseling; Nutrition Web site at http:// Peggy Miller, Disaster Assistance 97.033, Disaster Legal Services; 97.034, www.cfsan.fda.gov. Click on ‘‘National Directorate, Federal Emergency Disaster Unemployment Assistance (DUA); Food Safety Program;’’ click www.Food Management Agency, 500 C Street, SW., 97.046, Fire Management Assistance Grant; Safety.gov; click Search & Site index; Washington, DC 20472, (202) 646–3886. 97.048, Disaster Housing Assistance to search on ‘‘CFSAN Grants.’’ (FDA has Individuals and Households in Presidentially SUPPLEMENTARY INFORMATION: Notice is Declared Disaster Areas; 97.049, verified the Web site addresses, but FDA hereby given that, in a letter dated July Presidentially Declared Disaster Assistance— is not responsible for any subsequent 13, 2009, the President issued a major Disaster Housing Operations for Individuals changes to the Web sites after this disaster declaration under the authority and Households; 97.050, Presidentially document publishes in the Federal of the Robert T. Stafford Disaster Relief Declared Disaster Assistance to Individuals Register.) Persons interested in applying and Emergency Assistance Act, 42 and Households—Other Needs; 97.036, for a grant may obtain an application U.S.C. 5121 et seq. (the ‘‘Stafford Act’’), Disaster Grants—Public Assistance from the PHS 398 application as follows: (Presidentially Declared Disasters); 97.039, instructions available at http:// Hazard Mitigation Grant. grants.nih.gov/grants/forms.htm. (FDA I have determined that the damage in certain areas of the State of Tennessee W. Craig Fugate, has verified the Web site addresses resulting from severe storms, tornadoes, Administrator, Federal Emergency throughout this document, but FDA is straight-line winds, and flooding during the Management Agency. not responsible for any subsequent period of June 12–14, 2009, is of sufficient changes to the Web sites after this severity and magnitude to warrant a major [FR Doc. E9–18405 Filed 7–31–09; 8:45 am] document publishes in the Federal disaster declaration under the Robert T. BILLING CODE 9111–23–P

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DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY SECURITY SECURITY

Federal Emergency Management Federal Emergency Management Federal Emergency Management Agency Agency Agency

[Internal Agency Docket No. FEMA–1850– [Internal Agency Docket No. FEMA–1848– [Internal Agency Docket No. FEMA–1845– DR; Docket ID FEMA–2008–0018] DR; Docket ID FEMA–2008–0018] DR; Docket ID FEMA–2008–0018]

Illinois; Amendment No. 1 to Notice of Kansas; Amendment No. 1 to Notice of Arkansas; Amendment No. 2 to Notice a Major Disaster Declaration a Major Disaster Declaration of a Major Disaster Declaration

AGENCY: Federal Emergency AGENCY: Federal Emergency AGENCY: Federal Emergency Management Agency, DHS. Management Agency, DHS. Management Agency, DHS. ACTION: Notice. ACTION: Notice. ACTION: Notice.

SUMMARY: This notice amends the notice SUMMARY: This notice amends the notice SUMMARY: This notice amends the notice of a major disaster declaration for the of a major disaster declaration for the of a major disaster declaration for the State of Illinois (FEMA–1850–DR), State of Kansas (FEMA–1848–DR), dated State of Arkansas (FEMA–1845–DR), dated July 2, 2009, and related June 24, 2009, and related dated June 16, 2009, and related determinations. determinations. determinations.

DATES: Effective Date: July 22, 2009. DATES: Effective Date: July 24, 2009. DATES: Effective Date: July 24, 2009. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Peggy Miller, Disaster Assistance Peggy Miller, Disaster Assistance Directorate, Federal Emergency Directorate, Federal Emergency Directorate, Federal Emergency Management Agency, 500 C Street, SW., Management Agency, 500 C Street, SW., Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3886. Washington, DC 20472, (202) 646–3886. Washington, DC 20472, (202) 646–3886. SUPPLEMENTARY INFORMATION: The notice SUPPLEMENTARY INFORMATION: The notice SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the of a major disaster declaration for the of a major disaster declaration for the State of Illinois is hereby amended to State of Kansas is hereby amended to State of Arkansas is hereby amended to include the following areas among those include the following area among those include the following area among those areas determined to have been adversely areas determined to have been adversely areas determined to have been adversely affected by the event declared a major affected by the event declared a major affected by the event declared a major disaster by the President in his disaster by the President in his disaster by the President in his declaration of July 2, 2009. declaration of June 24, 2009. declaration of June 16, 2009. Hamilton and Union Counties for Public Morris County for Public Assistance. Pope County for Public Assistance. Assistance. The following Catalog of Federal Domestic The following Catalog of Federal Domestic The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Assistance Numbers (CFDA) are to be used Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, for reporting and drawing funds: 97.030, for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Community Disaster Loans; 97.031, Cora Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; Brown Fund; 97.032, Crisis Counseling; Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, 97.033, Disaster Legal Services; 97.034, 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); Disaster Unemployment Assistance (DUA); Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.046, Fire Management Assistance Grant; 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to 97.048, Disaster Housing Assistance to 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Individuals and Households in Presidentially Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Declared Disaster Areas; 97.049, Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Presidentially Declared Disaster Assistance— Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals Disaster Housing Operations for Individuals Disaster Housing Operations for Individuals and Households; 97.050, Presidentially and Households; 97.050, Presidentially and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals Declared Disaster Assistance to iNdividuals Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, and Households—Other Needs; 97.036, and Households—Other Needs; 97.036, Disaster Grants—Public Assistance Disaster Grants—Public Assistance Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, (Presidentially Declared Disasters); 97.039, (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Hazard Mitigation Grant. Hazard Mitigation Grant. W. Craig Fugate, W. Craig Fugate, W. Craig Fugate, Administrator, Federal Emergency Administrator, Federal Emergency Administrator, Federal Emergency Management Agency. Management Agency. Management Agency. [FR Doc. E9–18409 Filed 7–31–09; 8:45 am] [FR Doc. E9–18408 Filed 7–31–09; 8:45 am] [FR Doc. E9–18404 Filed 7–31–09; 8:45 am] BILLING CODE 9111–23–P BILLING CODE 9111–23–P BILLING CODE 9111–23–P

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DEPARTMENT OF THE INTERIOR the site’s User Tips link. Submit occurrences which may cause damage to comments to regulations.gov by the environment or to property or Minerals Management Service September 2, 2009. The MMS will post endanger life or health.’’ To carry out [Docket No. MMS–2008–OMM–0042] all comments. these responsibilities, the Minerals • Mail or hand-carry comments to the Management Service (MMS) has issued MMS Information Collection Activity: Department of the Interior; Minerals rules governing training requirements 1010–0128, Subpart O, Well Control Management Service; Attention: Cheryl for certain personnel working in the and Production Safety Training, Blundon; 381 Elden Street, MS–4024; OCS at 30 CFR 250, Subpart O, Well Extension of a Collection; Submitted Herndon, Virginia 20170–4817. Please Control and Production Safety Training. for Office of Management and Budget reference Information Collection 1010– Responses are mandatory or required to (OMB) Review; Comment Request 0128 in your subject line and include obtain or retain a benefit and are your name and address. primarily on occasion. No questions of AGENCY: Minerals Management Service FOR FURTHER INFORMATION CONTACT: a sensitive nature are asked. The MMS (MMS), Interior. Cheryl Blundon, Regulations and protects information considered ACTION: Notice of extension of an Standards Branch, (703) 787–1607. You proprietary according to 30 CFR information collection (1010–0128). may also contact Cheryl Blundon to 250.197, Data and information to be obtain a copy, at no cost, of the made available to the public or for SUMMARY: To comply with the regulation that requires the subject limited inspection, and 30 CFR Part 252, Paperwork Reduction Act of 1995 collection of information. Outer Continental Shelf (OCS) Oil and (PRA), we are notifying the public that Gas Information Program. we have submitted to OMB an SUPPLEMENTARY INFORMATION: information collection request (ICR) to Title: 30 CFR 250, Subpart O, Well The MMS will use the information renew approval of the paperwork Control and Production Safety Training. collected under subpart O regulations to OMB Control Number: 1010–0128. ensure that workers in the OCS are requirements in the regulations under Abstract: The Outer Continental Shelf 30 CFR 250, Subpart O, Well Control properly trained with the necessary (OCS) Lands Act, as amended (43 U.S.C. skills to perform their jobs in a safe and and Production Safety Training, and 1331 et seq. and 43 U.S.C. 1801 et seq.), related documents. This notice also pollution-free manner. In some authorizes the Secretary of the Interior instances, MMS will conduct oral provides the public a second to prescribe rules and regulations to opportunity to comment on the interviews of offshore employees to administer leasing of the OCS. Such evaluate the effectiveness of a paperwork burden of these regulatory rules and regulations will apply to all requirements. company’s training program. We do the operations conducted under a lease, oral interviews to gauge how effectively DATES: Submit written comments by right-of-use and easement, and pipeline the companies are implementing their September 2, 2009. right-of-way. Operations in the OCS own training program. The MMS would ADDRESSES: You should submit must preserve, protect, and develop oil use the interview form and keep the comments directly to the Office of and natural gas resources in a manner information internally. This information Information and Regulatory Affairs, that is consistent with the need to make is necessary to verify training OMB, Attention: Desk Officer for the such resources available to meet the compliance with the requirements. Department of the Interior (1010–0128), Nation’s energy needs as rapidly as Frequency: On occasion or annual. either by fax (202) 395–5806 or e-mail possible; to balance orderly energy ([email protected]). resource development with protection Estimated Number and Description of Please also send a copy to MMS by of human, marine, and coastal Respondents: Approximately 130 either of the following methods: environments; to ensure the public a fair Federal OCS oil and gas lessees and/or • http://www.regulations.gov. Under and equitable return on the resources of operators. the tab More Search Options, click the OCS; and to preserve and maintain Estimated Reporting and Advanced Docket Search, then select free enterprise competition. Recordkeeping Hour Burden: The Minerals Management Service from the Section 1332(6) of the OCS Lands Act estimated annual hour burden for this agency drop-down menu, then click requires that ‘‘operations in the [O]uter information collection is a total of 1,144 submit. In the Docket ID column, select Continental Shelf should be conducted hours. The following chart details the MMS–2008–OMM–0042 to submit in a safe manner by well trained individual components and estimated public comments and to view personnel using technology, hour burdens. In calculating the supporting and related materials. precautions, and other techniques burdens, we assumed that respondents Information on using Regulations.gov, sufficient to prevent or minimize the perform certain requirements in the including instructions for accessing likelihood of blowouts, loss of well normal course of their activities. We documents, submitting comments, and control, fires, spillages, physical consider these to be usual and viewing the docket after the close of the obstructions to other users of the waters customary and took that into account in comment period, is available through or subsoil and seabed, or other estimating the burden.

Average Citation 30, CFR 250, Number Annual burden Subpart O Reporting and recordkeeping requirement Hour burden of annual hours responses

1503(b) ...... Develop training plans. Note: Existing lessees/re- 70 ...... 2 140 spondents already have training plans developed. This number reflects development of plans for any new lessees. 1503(c) ...... Maintain copies of training plan and employee training 11⁄2 hr. (plan) ...... 130 195 documentation/record for 5 years. 2 hrs. for records ...... 260

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Average Citation 30, CFR 250, Number Annual burden Subpart O Reporting and recordkeeping requirement Hour burden of annual hours responses

1503(c) ...... Upon request, provide MMS copies of employee train- 5 ...... 31 155 ing documentation or provide copy of training plan. 1507(b) ...... Employee oral interview conducted by MMS ...... 1⁄2 hr ...... 650 325

1507(c), (d); 1508; 1509 ..... Written testing conducted by MMS or authorized rep- Not considered information collection 0 resentative. under 5 CFR 1320.3(h)(7)

1510(b) ...... Revise training plan and submit to MMS ...... 12 ...... 5 60 250.1500–1510 ...... General departure or alternative compliance requests 3 ...... 3 9 not specifically covered elsewhere in subpart O.

Total Hour Burden ...... 821 1,144

Estimated Reporting and We have received no comments in Pinedale, WY, intends to prepare an Recordkeeping Non-Hour Cost Burden: response to these efforts. Environmental Impact Statement (EIS) We have identified no paperwork non- If you wish to comment in response and to solicit public comments pursuant hour cost burdens associated with the to this notice, you may send your to section 102(2)(C) of the National collection of information. comments to the offices listed under the Environmental Policy Act (NEPA) of Public Disclosure Statement: The PRA ADDRESSES section of this notice. The 1969 and in response to a proposal filed (44 U.S.C. 3501, et seq.) provides that an OMB has up to 60 days to approve or by EOG Resources, Inc. (EOG) regarding agency may not conduct or sponsor a disapprove the information collection issues and resource information for the collection of information unless it but may respond after 30 days. proposed LaBarge Platform Project, displays a currently valid OMB control Therefore, to ensure maximum Sublette County and Lincoln County, number. Until OMB approves a consideration, OMB should receive Wyoming. The project is primarily a collection of information, you are not public comments by September 2, 2009. natural gas exploration and obligated to respond. Public Availability of Comments: development project. Before including your address, phone DATES: This notice initiates the public Comments: Section 3506(c)(2)(A) of number, e-mail address, or other scoping process. The BLM can best use the PRA (44 U.S.C. 3501, et seq.) personal identifying information in your public input if comments and resource requires each agency ‘‘* * * to provide comment, you should be aware that information are submitted within 45 notice * * * and otherwise consult your entire comment—including your days from publication of this notice. with members of the public and affected personal identifying information—may To provide the public with an agencies concerning each proposed be made publicly available at any time. opportunity to review the proposal and collection of information * * *’’ While you can ask us in your comment project information, the BLM will host Agencies must specifically solicit to withhold your personal identifying public meetings in Pinedale, LaBarge, comments to: (a) Evaluate whether the information from public review, we Big Piney, and Kemmerer, Wyoming. proposed collection of information is cannot guarantee that we will be able to The BLM will announce the dates, necessary for the agency to perform its do so. times, and locations for these meetings duties, including whether the MMS Information Collection at least 15 days prior to the event. information is useful; (b) evaluate the Clearance Officer: Arlene Bajusz (202) Announcements will be made by news accuracy of the agency’s estimate of the 208–7744. release to the media, individual letter burden of the proposed collection of mailings, and posting on the project, information; (c) enhance the quality, Dated: July 15, 2009. Web site listed below. usefulness, and clarity of the E.P. Danenberger, Chief, Office of Offshore Regulatory Programs. http://www.blm.gov/wy/st/en/info/ information to be collected; and (d) NEPA/pfodocs/labarge_platform.html. minimize the burden on the [FR Doc. E9–18418 Filed 7–31–09; 8:45 am] ADDRESSES: You may submit comments respondents, including the use of BILLING CODE 4310–MR–P on issues and planning criteria related automated collection techniques or to the LaBarge Platform Project EIS by other forms of information technology. DEPARTMENT OF THE INTERIOR any of the following methods: To comply with the public • Web Site: http://www.blm.gov/wy/ consultation process, on May 1, 2009, Bureau of Land Management st/en/info/NEPA/pfodocs/labarge_ we published a Federal Register notice platform.html. (74 FR 20330) announcing that we [WY–100–1310–DB] • E-mail: LaBarge_Platform_ would submit this ICR to OMB for [email protected]. Notice of Intent (NOI) To Prepare an approval. The notice provided the • Fax: (307) 367–5329. Environmental Impact Statement for required 60-day comment period. In • Mail: Bureau of Land Management, the LaBarge Platform Project, Sublette addition, § 250.199 provides the OMB Pinedale Field Office, Attn: LaBarge County and Lincoln County, WY control number for the information Platform Project Manager, P.O. Box 768, collection requirements imposed by the AGENCY: Bureau of Land Management, Pinedale, WY 82941. 30 CFR 250 regulations. The regulation Interior. Documents pertinent to this proposal may be examined at the Pinedale Field also informs the public that they may ACTION: Notice of Intent. comment at any time on the collections Office. of information and provides the address SUMMARY: The Bureau of Land FOR FURTHER INFORMATION CONTACT: For to which they should send comments. Management (BLM) Field Office, information or to add your name to the

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project mailing list, contact Lauren proposal calls for a 10-year construction information, we cannot guarantee that McKeever, Project Leader, Telephone and drilling period. we will be able to do so. 307–367–5300; e-mail A number of other operators within or All submissions from organizations or [email protected]. near the EOG project area expect to drill businesses, and from individuals and develop approximately 175 natural identifying themselves as SUPPLEMENTARY INFORMATION: The gas wells within the reasonably representatives or officials of LaBarge Platform Project is generally foreseeable future. These possible wells organizations or businesses, will be located between Townships 26 and 31 would be analyzed in a separate made available for public inspection in North, Ranges 111 through 114 West, alternative and addressed in the their entirety. 6th Principal Meridian, Sublette, and cumulative effects portion of this EIS Dated: May 22, 2009. Lincoln Counties, Wyoming. The project document. area is located within 3 miles of Big During the preparation of the EIS, Donald A. Simpson, Piney, Wyoming, within 1 mile of La interim exploration and development State Director. Barge, Wyoming and 60 miles northwest will be subject to development [FR Doc. E9–18309 Filed 7–31–09; 8:45 am] of Rock Springs, Wyoming. The project guidelines and decisions made in BILLING CODE 4310–22–P area covers approximately 218,000 acres applicable NEPA documents, including of mixed Federal, State, and private but not limited to: Coordinated Activity lands. The BLM Pinedale Field Office Plan for the Big Piney/LaBarge Area, DEPARTMENT OF THE INTERIOR and Rock Springs Field Office manage and ROD, 1991; Enron Oil & Gas the Federal lands in the project area. Company East LaBarge Infill Drilling National Park Service The Pinedale Field Office will serve as Project Environmental Assessment (EA), Notice of Inventory Completion: St. the lead office. Finding of No Significant Impact and Lawrence University, Department of The proposed action is in Decision Record 1992; the Green River Anthropology, Canton, NY; Correction conformance with the Pinedale Resource Management Plan and Final Resource Management/Final EIS and ROD, 1997; and the Pinedale AGENCY: National Park Service, Interior. Environmental Impact Statement and Resource Management Plan/Final EIS ACTION: Notice; correction. Record of Decision (ROD), 2008, and the and ROD, 2008. Green River Resource Management Plan The LaBarge Platform Project area is Notice is here given in accordance and its ROD, 1997. adjacent to the project area considered with the Native American Graves Protection and Repatriation Act The LaBarge Platform Project is in the South Piney Natural Gas Project (NAGPRA), 25 U.S.C. 3003, of the located in an area of existing oil and gas Draft EIS (2005). The proponent of the completion of an inventory of human development, some of which dates back South Piney Project has not submitted remains in the possession of St. to the 1920s. The project area is any revised proposals nor has the BLM Lawrence University, Department of comprised of 70 percent public lands been contacted about continuing any Anthropology, Canton, NY. The human administered by the BLM, 5 percent further NEPA process. Therefore, the remains were removed from St. lands managed by the State of Wyoming BLM has concluded its NEPA process and no further environmental Lawrence County, NY. and 24 percent private lands. documents will be prepared for the This notice is published as part of the Approximately 74 percent of the South Piney Project proposal. National Park Service’s administrative subsurface resources are Federal The EIS for the LaBarge Platform responsibilities under NAGPRA, 25 mineral estate. In April 2008, EOG Project will analyze the environmental U.S.C. 3003 (d)(3). The determinations submitted to the BLM a proposal to consequences of implementing the in this notice are the sole responsibility expand oil and natural gas exploration proposed action and alternatives to the of the museum, institution, or Federal and development operations that would proposed action, including a No Action agency that has control of the Native result in further development and alternative. Other alternatives that may American human remains. The National additional wells in the existing LaBarge be considered in detail include drilling Park Service is not responsible for the Platform and East LaBarge fields which surface densities and pace of determinations in this notice. have been in production since the development different from those of the This notice corrects the number of 1920s. proposed action. tribes that were determined to be The purpose of the proposed project Your input is important and will be culturally affiliated in a Notice of is to explore, extract, and recover oil considered in the environmental Inventory Completion previously and natural gas. EOG proposes to analysis process. All comment published in the Federal Register (73 develop up to approximately 605 new submittals must include the FR 50996–50997, August 29, 2008) by oil and gas wells from an estimated 455 commenter’s name and street address. adding the Oneida, Cayuga, and well pads as infill, exploratory, or step- Comments including the names and Onondaga Indian Nations, in addition to out wells to all productive formations addresses of the respondent will be the Mohawk Nation. After publication, including but not limited to: Baxter, available for public inspection at the St. Lawrence University determined that Frontier, and Mesa Verde. Associated above offices during normal business the Oneida, Mohawk, Cayuga, and facilities in the proposal include roads, hours, Monday through Friday, except Onondaga Nations are all culturally well pads, and gathering pipelines. No Federal holidays. Before including your affiliated with the Native American additional ancillary facilities are address, phone number, e-mail address, human remains, which are currently in included as part of the proposal nor or any other personal identifying the possession of the Department of considered as part of this analysis. information in your comment, be Anthropology, St. Lawrence University. The estimated life-of-project would be advised that your entire comment, In the Federal Register of August 29, about 40–50 years. Depending on the including your personal identifying 2008, paragraph numbers 6–10 are geological characteristics of the target information may be publicly available at corrected by substituting the following: formation, wells would be drilled using any time. While you can ask us in your The region of Gouverneur has been a combination of vertical, directional, comment to withhold from public occupied by Native Americans from and horizontal drilling techniques. The review your personal identifying 10,000 BP up to the historic period and

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beyond. The St. Lawrence River and its should contact Dr. Richard A. Gonzalez, consideration, the deadline for tributaries were continually used as part Department of Anthropology, St. responses is September 2, 2009. of Native American hunting and fishing Lawrence University, Canton, NY Comments on the adequacy of responses grounds. During the French and Indian 13617, telephone (315) 229–5745, before may be filed with the Commission by War, Native Americans who occupied September 2, 2009. Repatriation of the October 19, 2009. For further the Oswegatchie River region human remains to the Cayuga Nation of information concerning the conduct of (Oswegatchie is a tributary of the St. New York; Oneida Nation of New York; this review and rules of general Lawrence River), which included the Oneida Tribe of Indians of Wisconsin; application, consult the Commission’s Oneida, Mohawk, Cayuga, and Onondaga Nation of New York; and Rules of Practice and Procedure, part Onondaga, were dislocated as a result of Saint Regis Mohawk Tribe, New York 201, subparts A through E (19 CFR part the war. Many Native Americans were (which also represents the Mohawk 201), and part 207, subparts A, D, E, and forced to abandon their settlements, Council of Akwesasne and the Mohawk F (19 CFR part 207), as most recently which included the abandonment of La Nation Council of Chiefs), may proceed amended at 74 FR 2847 (January 16, Presentation in 1759. Many Iroquoian after that date if no additional claimants 2009). families were forced to migrate to come forward. DATES: Effective Date: August 3, 2009. present-day St. Regis where they were St. Lawrence University is responsible FOR FURTHER INFORMATION CONTACT: adopted by the Mohawk. Consultation for notifying the Cayuga Nation of New Mary Messer (202–205–3193), Office of with tribal representatives of the York; Oneida Nation of New York; Investigations, U.S. International Trade Mohawks of Akwesasne (which is Oneida Tribe of Indians of Wisconsin; Commission, 500 E Street, SW., composed of the Saint Regis Mohawk Onondaga Nation of New York; Saint Washington, DC 20436. Hearing- Tribe, New York; Mohawk Council of Regis Mohawk Tribe, New York; impaired persons can obtain Akwesasne; and Mohawk Nation Mohawk Council of Akwesasne; and information on this matter by contacting Council of Chiefs) provided additional Mohawk Nation Council of Chiefs that the Commission’s TDD terminal on 202– lines of evidence. this notice has been published. Through ongoing consultation with 205–1810. Persons with mobility Native American groups and Lauren Dated: July 14, 2009. impairments who will need special French, examination of the human Sherry Hutt, assistance in gaining access to the remains, and review of the available Manager, National NAGPRA Program. Commission should contact the Office literature, officials of St. Lawrence [FR Doc. E9–17666 Filed 7–31–09; 8:45 am] of the Secretary at 202–205–2000. University have determined that the BILLING CODE 4312–50–M General information concerning the human remains are Native American Commission may also be obtained by and most likely share common accessing its Internet server (http:// Iroquoian identity with the Cayuga INTERNATIONAL TRADE www.usitc.gov). The public record for Nation of New York; Oneida Nation of COMMISSION this review may be viewed on the New York; Oneida Tribe of Indians of Commission’s electronic docket (EDIS) Wisconsin; Onondaga Nation of New [Investigation No. 731–TA–208 (Third at http://edis.usitc.gov. York; and the Mohawks of Akwesasne Review)] SUPPLEMENTARY INFORMATION: (which is composed of the Saint Regis Background.—On November 13, 1985, Barbed Wire and Barbless Wire Strand Mohawk Tribe, New York; Mohawk the Department of Commerce issued an From Argentina Council of Akwesasne; and Mohawk antidumping duty order on imports of Nation Council of Chiefs). AGENCY: United States International barbed wire and barbless wire strand Officials of the St. Lawrence Trade Commission. from Argentina (50 FR 46808). University, Department of Anthropology ACTION: Institution of a five-year review Following five-year reviews by have determined that, pursuant to 25 concerning the antidumping duty order Commerce and the Commission, U.S.C. 3001 (9–10), the human remains effective May 12, 1999, Commerce described above represents the physical on barbed wire and barbless wire strand from Argentina. issued a continuation of the remains of one individual of Native antidumping duty order on imports of American ancestry. Officials of the St. SUMMARY: The Commission hereby gives barbed wire and barbless fencing wire Lawrence University, Department of notice that it has instituted a review from Argentina (64 FR 42653). Anthropology have determined that, pursuant to section 751(c) of the Tariff Following second five-year reviews by pursuant to 25 U.S.C. 3001 (2), there is Act of 1930 (19 U.S.C. 1675(c)) (the Act) Commerce and the Commission, a relationship of shared group identity to determine whether revocation of the effective September 20, 2004, Commerce that can be reasonably traced between antidumping duty order on barbed wire issued a continuation of the the Native American human remains and barbless wire strand from Argentina antidumping duty order on imports of and the Cayuga Nation of New York; would be likely to lead to continuation barbed wire and barbless fencing wire Oneida Nation of New York; Oneida or recurrence of material injury. from Argentina (69 FR 56190). The Tribe of Indians of Wisconsin; Pursuant to section 751(c)(2) of the Act, Commission is now conducting a third Onondaga Nation of New York; and interested parties are requested to review to determine whether revocation Saint Regis Mohawk Tribe, New York. respond to this notice by submitting the of the order would be likely to lead to Lastly, officials of the St. Lawrence information specified below to the continuation or recurrence of material University, Department of Anthropology Commission; 1 to be assured of injury to the domestic industry within have determined that there is a cultural a reasonably foreseeable time. It will relationship between the human 1 No response to this request for information is assess the adequacy of interested party remains and the Mohawk Council of required if a currently valid Office of Management responses to this notice of institution to Akwesasne and Mohawk Nation and Budget (OMB) number is not displayed; the determine whether to conduct a full Council of Chiefs. OMB number is 3117–0016/USITC No. 09–5–202, expiration date June 30, 2011. Public reporting Representatives of any other Indian burden for the request is estimated to average 15 the Office of Investigations, U.S. International Trade tribe that believes itself to be culturally hours per response. Please send comments Commission, 500 E Street, SW., Washington, DC affiliated with the human remains regarding the accuracy of this burden estimate to 20436.

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review or an expedited review. The Commission’s designated agency ethics specified in Commission rule Commission’s determination in any official has advised that a five-year 207.62(b)(1)) may also file comments expedited review will be based on the review is not considered the ‘‘same concerning the adequacy of responses to facts available, which may include particular matter’’ as the corresponding the notice of institution and whether the information provided in response to this underlying original investigation for Commission should conduct an notice. purposes of 18 U.S.C. 207, the post expedited or full review. The deadline Definitions.—The following employment statute for Federal for filing such comments is October 19, definitions apply to this review: employees, and Commission rule 2009. All written submissions must (1) Subject Merchandise is the class or 201.15(b)(19 CFR 201.15(b)), 73 FR conform with the provisions of sections kind of merchandise that is within the 24609 (May 5, 2008). This advice was 201.8 and 207.3 of the Commission’s scope of the five-year review, as defined developed in consultation with the rules and any submissions that contain by the Department of Commerce. Office of Government Ethics. BPI must also conform with the (2) The Subject Country in this review Consequently, former employees are not requirements of sections 201.6 and is Argentina. required to seek Commission approval 207.7 of the Commission’s rules. The (3) The Domestic Like Product is the to appear in a review under Commission Commission’s rules do not authorize domestically produced product or rule 19 CFR 201.15, even if the filing of submissions with the Secretary products which are like, or in the corresponding underlying original by facsimile or electronic means, except absence of like, most similar in investigation was pending when they to the extent permitted by section 201.8 characteristics and uses with, the were Commission employees. For of the Commission’s rules, as amended, Subject Merchandise. In its original further ethics advice on this matter, 67 FR 68036 (November 8, 2002). Also, determination and in its expedited first contact Carol McCue Verratti, Deputy in accordance with sections 201.16(c) and second five-year review Agency Ethics Official, at 202–205– and 207.3 of the Commission’s rules, determinations, the Commission 3088. each document filed by a party to the defined the Domestic Like Product as Limited disclosure of business review must be served on all other barbed wire and barbless wire strand, proprietary information (BPI) under an parties to the review (as identified by consistent with Commerce’s sope. administrative protective order (APO) either the public or APO service list as (4) The Domestic Industry is the U.S. and APO service list.—Pursuant to appropriate), and a certificate of service producers as a whole of the Domestic section 207.7(a) of the Commission’s must accompany the document (if you Like Product, or those producers whose rules, the Secretary will make BPI are not a party to the review you do not collective output of the Domestic Like submitted in this review available to need to serve your response). Product constitutes a major proportion authorized applicants under the APO Inability to provide requested of the total domestic production of the issued in the review, provided that the information.—Pursuant to section product. In its original determination application is made no later than 21 207.61(c) of the Commission’s rules, any and in its expedited first and second days after publication of this notice in interested party that cannot furnish the five-year review determinations, the the Federal Register. Authorized information requested by this notice in Commission defined the Domestic applicants must represent interested the requested form and manner shall Industry as producers of barbed wire parties, as defined in 19 U.S.C. 1677(9), notify the Commission at the earliest and barbless wire strand. who are parties to the review. A possible time, provide a full explanation (5) An Importer is any person or firm separate service list will be maintained of why it cannot provide the requested engaged, either directly or through a by the Secretary for those parties information, and indicate alternative parent company or subsidiary, in authorized to receive BPI under the forms in which it can provide importing the Subject Merchandise into APO. equivalent information. If an interested the United States from a foreign Certification.—Pursuant to section party does not provide this notification manufacturer or through its selling 207.3 of the Commission’s rules, any (or the Commission finds the agent. person submitting information to the explanation provided in the notification Participation in the review and public Commission in connection with this inadequate) and fails to provide a service list.—Persons, including review must certify that the information complete response to this notice, the industrial users of the Subject is accurate and complete to the best of Commission may take an adverse Merchandise and, if the merchandise is the submitter’s knowledge. In making inference against the party pursuant to sold at the retail level, representative the certification, the submitter will be section 776(b) of the Act in making its consumer organizations, wishing to deemed to consent, unless otherwise determination in the review. participate in the review as parties must specified, for the Commission, its Information to be provided in file an entry of appearance with the employees, and contract personnel to response to this Notice of Institution: As Secretary to the Commission, as use the information provided in any used below, the term ‘‘firm’’ includes provided in section 201.11(b)(4) of the other reviews or investigations of the any related firms. Commission’s rules, no later than 21 same or comparable products which the (1) The name and address of your firm days after publication of this notice in Commission conducts under Title VII of or entity (including World Wide Web the Federal Register. The Secretary will the Act, or in internal audits and address) and name, telephone number, maintain a public service list containing investigations relating to the programs fax number, and E-mail address of the the names and addresses of all persons, and operations of the Commission certifying official. or their representatives, who are parties pursuant to 5 U.S.C. Appendix 3. (2) A statement indicating whether to the review. Written submissions.—Pursuant to your firm/entity is a U.S. producer of Former Commission employees who section 207.61 of the Commission’s the Domestic Like Product, a U.S. union are seeking to appear in Commission rules, each interested party response to or worker group, a U.S. importer of the five-year reviews are advised that they this notice must provide the information Subject Merchandise, a foreign producer may appear in a review even if they specified below. The deadline for filing or exporter of the Subject Merchandise, participated personally and such responses is September 2, 2009. a U.S. or foreign trade or business substantially in the corresponding Pursuant to section 207.62(b) of the association, or another interested party underlying original investigation. The Commission’s rules, eligible parties (as (including an explanation). If you are a

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union/worker group or trade/business expected to attain during the year, the information, on an aggregate basis, association, identify the firms in which assuming normal operating conditions for the firms which are members of your your workers are employed or which are (using equipment and machinery in association. members of your association. place and ready to operate), normal (a) Production (quantity) and, if (3) A statement indicating whether operating levels (hours per week/weeks known, an estimate of the percentage of your firm/entity is willing to participate per year), time for downtime, total production of Subject Merchandise in this review by providing information maintenance, repair, and cleanup, and a in the Subject Country accounted for by requested by the Commission. typical or representative product mix); your firm’s(s’) production; and (4) A statement of the likely effects of (c) the quantity and value of U.S. (b) Capacity (quantity) of your firm to the revocation of the antidumping duty commercial shipments of the Domestic produce the Subject Merchandise in the order on the Domestic Industry in Like Product produced in your U.S. Subject Country (i.e., the level of general and/or your firm/entity plant(s); production that your establishment(s) specifically. In your response, please (d) the quantity and value of U.S. could reasonably have expected to discuss the various factors specified in internal consumption/company attain during the year, assuming normal section 752(a) of the Act (19 U.S.C. transfers of the Domestic Like Product operating conditions (using equipment 1675a(a)) including the likely volume of produced in your U.S. plant(s); and and machinery in place and ready to subject imports, likely price effects of (e) the value of (i) net sales, (ii) cost operate), normal operating levels (hours subject imports, and likely impact of of goods sold (COGS), (iii) gross profit, per week/weeks per year), time for imports of Subject Merchandise on the (iv) selling, general and administrative downtime, maintenance, repair, and Domestic Industry. (SG&A) expenses, and (v) operating cleanup, and a typical or representative (5) A list of all known and currently income of the Domestic Like Product product mix); and operating U.S. producers of the produced in your U.S. plant(s) (include (c) the quantity and value of your Domestic Like Product. Identify any both U.S. and export commercial sales, firm’s(s’) exports to the United States of known related parties and the nature of internal consumption, and company Subject Merchandise and, if known, an the relationship as defined in section transfers) for your most recently estimate of the percentage of total 771(4)(B) of the Act (19 U.S.C. completed fiscal year (identify the date exports to the United States of Subject 1677(4)(B)). on which your fiscal year ends). Merchandise from the Subject Country (6) A list of all known and currently (10) If you are a U.S. importer or a accounted for by your firm’s(s’) exports. operating U.S. importers of the Subject trade/business association of U.S. (12) Identify significant changes, if Merchandise and producers of the importers of the Subject Merchandise any, in the supply and demand Subject Merchandise in the Subject from the Subject Country, provide the conditions or business cycle for the Country that currently export or have following information on your firm’s(s’) Domestic Like Product that have exported Subject Merchandise to the operations on that product during occurred in the United States or in the United States or other countries after calendar year 2008 (report quantity data market for the Subject Merchandise in 2003. in short tons and value data in U.S. the Subject Country after 2003, and (7) A list of 3–5 leading purchasers in dollars). If you are a trade/business significant changes, if any, that are the U.S. market for the Domestic Like association, provide the information, on likely to occur within a reasonably Product and the Subject Merchandise an aggregate basis, for the firms which foreseeable time. Supply conditions to (including street address, World Wide are members of your association. consider include technology; Web address, and the name, telephone (a) The quantity and value (landed, production methods; development number, fax number, and E-mail address duty-paid but not including efforts; ability to increase production of a responsible official at each firm). antidumping duties) of U.S. imports (including the shift of production (8) A list of known sources of and, if known, an estimate of the facilities used for other products and the information on national or regional percentage of total U.S. imports of use, cost, or availability of major inputs prices for the Domestic Like Product or Subject Merchandise from the Subject into production); and factors related to the Subject Merchandise in the U.S. or Country accounted for by your firm’s(s’) the ability to shift supply among other markets. imports; different national markets (including (9) If you are a U.S. producer of the (b) the quantity and value (f.o.b. U.S. barriers to importation in foreign Domestic Like Product, provide the port, including antidumping duties) of markets or changes in market demand following information on your firm’s U.S. commercial shipments of Subject abroad). Demand conditions to consider operations on that product during Merchandise imported from the Subject include end uses and applications; the calendar year 2008, except as noted Country; and existence and availability of substitute (report quantity data in short tons and (c) the quantity and value (f.o.b. U.S. products; and the level of competition value data in U.S. dollars, f.o.b. plant). port, including antidumping duties) of among the Domestic Like Product If you are a union/worker group or U.S. internal consumption/company produced in the United States, Subject trade/business association, provide the transfers of Subject Merchandise Merchandise produced in the Subject information, on an aggregate basis, for imported from the Subject Country. Country, and such merchandise from the firms in which your workers are (11) If you are a producer, an exporter, other countries. employed/which are members of your or a trade/business association of (13) (OPTIONAL) A statement of association. producers or exporters of the Subject whether you agree with the above (a) Production (quantity) and, if Merchandise in the Subject Country, definitions of the Domestic Like Product known, an estimate of the percentage of provide the following information on and Domestic Industry; if you disagree total U.S. production of the Domestic your firm’s(s’) operations on that with either or both of these definitions, Like Product accounted for by your product during calendar year 2008 please explain why and provide firm’s(s’) production; (report quantity data in short tons and alternative definitions. (b) Capacity (quantity) of your firm to value data in U.S. dollars, landed and Authority: This review is being conducted produce the Domestic Like Product (i.e., duty-paid at the U.S. port but not under authority of title VII of the Tariff Act the level of production that your including antidumping duties). If you of 1930; this notice is published pursuant to establishment(s) could reasonably have are a trade/business association, provide section 207.61 of the Commission’s rules.

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By order of the Commission. appropriate automated, electronic, Combined Sewer Overflows, Issued: July 27, 2009. mechanical, or other technological Wastewater Treatment Plants and Marilyn R. Abbott, collection techniques or other forms Implementation of Capacity Assurance Secretary to the Commission. of information technology, e.g., Program Plan (‘‘Global Decree’’), which William R. Bishop, permitting electronic submission of were entered by the Court on June 9, Acting Secretary to the Commission. responses. 2009 in United States and State of Ohio [FR Doc. E9–18186 Filed 7–31–09; 8:45 am] v. Board of County Commissioners of Overview of This Information Hamilton County and the City of BILLING CODE P Collection Cincinnati, Civil Action Nos. C–1–02– (1) Type of Information Collection: 107 and C–1–02–108. The proposed First Amendment to the Consent DEPARTMENT OF JUSTICE Revision of a currently approved collection. Decrees conforms certain paragraphs of [OMB Number 1105–0082] (2) Title of the Form/Collection: the Consent Decrees to the scheduling Annuity Broker Qualification approach and certain other Civil Division; Agency Information Declaration Form. requirements set forth in the defendants’ Collection Activities: Revision of a (3) Agency form number, if any, and Wet Weather Improvement Program Currently Approved Collection the applicable component of the (WWIP), which was developed pursuant Department sponsoring the collection: to the Consent Decrees and ACTION: 60-Day Notice of Information U.S. Department of Justice, Civil conditionally approved by the United Collection Under Review: Annuity Division. States, the State of Ohio, and the Ohio Broker Declaration Form. (4) Affected public who will be asked River Valley Water Sanitation The Department of Justice (DOJ), Civil or required to respond, as well as a brief Commission on June 5, 2009, subject to Division, will be submitting the abstract: Primary: Individuals. Abstract: the Court’s approval of the proposed following information collection request This declaration is to be submitted modifications to the Consent Decrees. The proposed First Amendment to the Office of Management and Budget annually to determine whether a broker would change Paragraph IX.B of the (OMB) for review and approval in meets the qualifications to be listed as Global Decree to allow a phased accordance with the Paperwork an annuity broker pursuant to Section approach to the schedule for Reduction Act of 1995. The proposed 111015(b) of Public Law 107–273. (5) An estimate of the total number of implementation of the program, instead information collection is published to respondents and the amount of time of requiring a fixed end date for all obtain comments from the public and estimated for an average respondent to projects specified in advance in the affected agencies. Comments are respond/reply: It is estimated that 300 WWIP. The first phase of work is encouraged and will be accepted for respondents will complete the form estimated to cost $1.145 billion (in 2006 ‘‘sixty days’’ until October 2, 2009. This annually within approximately 1 hour. dollars) and, under the proposed First process is conducted in accordance with (6) An estimate of the total public Amendment, must be completed by 5 CFR 1320.10. burden (in hours) associated with the December 31, 2018. The WWIP and the If you have comments especially on collection: The total estimated annual First Amendment set forth the projects the estimated public burden or burden hours to complete the that must be completed in one or more associated response time, suggestions, certification form is 300 hours. subsequent stages and the process for or need a copy of the proposed If additional information is required establishing the remainder of the information collection instrument with contact: Lynn Bryant, Department schedule, which must be as expeditious instructions or additional information, Clearance Officer, United States as practicable. The proposed First please contact Director, Department of Justice, Justice Amendment would also make a few Communications Office, Civil Division, Management Division, Policy and technical and schedule changes to U.S. Department of Justice, Washington, Planning Staff, Patrick Henry Building, specific capital improvement projects DC 20530. Suite 1600, 601 D Street, NW., required by the Consent Decrees. Written comments and suggestions Washington, DC 20530. The Department of Justice will receive from the public and affected agencies Dated: July 28, 2009. for a period of thirty (30) days from the concerning the proposed collection of date of this publication comments Lynn Bryant, information are encouraged. Your relating to the proposed First comments should address one or more Department Clearance Officer, PRA, U.S. Amendment to the Consent Decrees. of the following four points: Department of Justice. Comments should be addressed to the —Evaluate whether the proposed [FR Doc. E9–18426 Filed 7–31–09; 8:45 am] Assistant Attorney General, collection of information is necessary BILLING CODE 4410–12–P Environment and Natural Resources for the proper performance of the Division, P.O. Box 7611, U.S. functions of the agency, including Department of Justice, Washington, DC DEPARTMENT OF JUSTICE whether the information will have 20044–7611, and either e-mailed to practical utility; Notice of Lodging of Amendment to [email protected] or —Evaluate the accuracy of the agencies Consent Decrees Under the Clean mailed to P.O. Box 7611, U.S. estimate of the burden of the Water Act Department of Justice, Washington, DC proposed collection of information, 20044–7611. In either case, the including the validity of the Under 28 CFR 50.7, notice is hereby comments should refer to United States methodology and assumptions used; given that on July 28, 2009, the et al. v. Board of County Commissioners —Enhance the quality, utility, and Department of Justice lodged with the of Hamilton County and the City of clarity of the information to be United States District Court for the Cincinnati, D.J. Ref. 90–5–1–6–341A. collected; and Southern District of Ohio a proposed The First Amendment to the Consent —Minimize the burden of the collection First Amendment to the Interim Partial Decrees may be examined at the Office of information on those who are to Consent Decree on Sanitary Sewer of the United States Attorney for the respond, including through the use of Overflows and Consent Decree on Southern District of Ohio, 221 E. 4th

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Street, Atrium II, Suite 400, Cincinnati, exterior boundaries of the Uintah and lodged with the United States District Ohio 45202, and at U.S. EPA Region V, Ouray Indian Reservation. The Consent Court for the Eastern District of 77 West Jackson Blvd., Chicago, IL Decree would resolve the claims alleged Louisiana on July 16, 2009. 60604–3590. A copy of the First in the Complaint. The ultimate entry of In this action the United States, on the Consent Decree by the District Court Amendment to the Consent Decrees may behalf of the United States also be obtained by mail from the of Utah would end this litigation. Environmental Protection Agency Consent Decree Library, P.O. Box 7611, The Department of Justice will receive (‘‘EPA’’), sought to recover response U.S. Department of Justice, Washington, for a period of thirty (30) days from the DC 20044–7611. During the public date of this publication comments costs from certain parties. EPA incurred comment period, the First Amendment relating to the Decree. Comments should such costs in response to releases and to the Consent Decrees may also be be addressed to the Assistant Attorney threatened releases of hazardous examined on the following Department General, Environment and Natural substances from the Agriculture Street of Justice Web site: http:// Resources Division, and either e-mailed Landfill located in New Orleans, www.usdoj.gov/enrd/ to the [email protected] Louisiana. The proposed Consent Consent_Decrees.html. A copy of the or mailed to P.O. Box 7611, U.S. Decree resolves the United States’ First Amendment to the Consent Department of Justice, Washington, DC claims against Delta By-Products, Inc., Decrees may also be obtained by mail 20044–7611, and should refer to Civil Edward Levy Metals, Inc., and counter- from the Consent Decree Library, P.O. Action No. 2:09–CV–0649–TS, D.J. Ref. claims against the United States in this Box 7611, U.S. Department of Justice, No. 90–5–2–1–07660/2. matter. Washington, DC 20044–7611, or by The Decree may be examined at the The Department of Justice will Office of the United States Attorney, faxing or e-mailing a request to Tonia receive, for a period of thirty (30) days District of Utah, 185 South State Street, Fleetwood ([email protected]), from the date of this publication, Suite 300, Salt Lake City, Utah 84111. fax number (202) 514–0097, phone comments relating to the Decree. confirmation number (202) 514–1547. In It also may be examined at the offices Comments should be addressed to the requesting a copy from the Consent of U.S. EPA Region 8, 1595 Wynkoop Assistant Attorney General, Decree Library, please enclose a check Street, Denver, Colorado 80202. During in the amount of $4.75 (25 cents per the public comment period, the Decree Environment and Natural Resources page reproduction cost) payable to the may be examined on the following Division, and either e-mailed to United States Treasury or, if by e-mail Department of Justice Web site, http:// [email protected] or or fax, forward a check in that amount www.usdoj.gov/enrd/ mailed to P.O. Box 7611, U.S. to the Consent Decree Library at the Consent_Decrees.html. Department of Justice, Washington, DC stated address. A copy of the Decree may be obtained 20044–7611, and should refer to United by mail from the Consent Decree States v. City of New Orleans, et al., D.J. Maureen M. Katz, Library, P.O. Box 7611, U.S. Department Ref. 90–11–3–1638/2. Assistant Chief, Environmental Enforcement of Justice, Washington, DC 20044–7611 The Consent Decree may be examined Section, Environment and Natural Resources or by faxing or e-mailing a request to Division. at the Office of the United States Tonia Fleetwood Attorney, Eastern District of Louisiana, [FR Doc. E9–18455 Filed 7–31–09; 8:45 am] ([email protected]), fax no. BILLING CODE 4410–15–P 500 Poydras Street, Suite 210, New (202) 514–0097, phone confirmation Orleans, Louisiana 70130, and at the number (202) 514–1547. In requesting a offices of EPA, Region 6, 1445 Ross copy from the Consent Decree Library, DEPARTMENT OF JUSTICE Ave., Dallas, TX 75202–2733. The please enclose a check in the amount of Decree may be examined on the Notice of Lodging of Consent Decree $8.50 (25 cents per page reproduction following Department of Justice Web Under the Clean Air Act cost) payable to the U.S. Treasury or, if site, http://www.usdoj.gov/enrd/ by e-mail or fax, forward a check in that Consent_Decrees.html. A copy of the Notice is hereby given that on July 23, amount to the Consent Decree Library at Decree may also be obtained by mail 2009, a proposed Consent Decree the stated address. (‘‘Decree’’) in United States v. Colorado from the Consent Decree Library, P.O. Interstate Gas Co., Civil Action No. Maureen Katz, Box 7611, U.S. Department of Justice, 2:09–CV–0649–TS, was lodged with the Assistant Chief, Environmental Enforcement Washington, DC 20044–7611 or by United States District Court for the Section, Environment and Natural Resources faxing or e-mailing a request to Tonia District of Utah, Central Division. Division. Fleetwood ([email protected]), The Consent Decree requires Colorado [FR Doc. E9–18460 Filed 7–31–09; 8:45 am] fax no. (202) 514–0097, phone Interstate Gas Co. to (1) Achieve and BILLING CODE 4410–15–P confirmation number (202) 514–1547. In maintain compliance with the Clean Air requesting a copy from the Consent Act (‘‘CAA’’) and its implementing Decree Library, please enclose a check regulations; (2) pay a civil penalty and DEPARTMENT OF JUSTICE in the amount of $7.00 (25 cents per emission fees totaling $1,020,000; and Notice of Lodging of Consent Decree page reproduction cost) payable to the (3) fund for one year the operation of Under the Comprehensive U.S. Treasury or, if by e-mail or fax, two ambient air monitoring stations on Environmental Response, forward a check in that amount to the the Uintah and Ouray Indian Compensation, and Liability Act Consent Decree Library at the stated Reservation. address. The United States filed a Complaint Under 28 CFR 50.7, notice is hereby with the Consent Decree pursuant to given that, for a period of 30 days, the Maureen Katz, Section 113(b) of the Clean Air Act, 42 United States will receive public Assistant Chief, Environmental Enforcement U.S.C. 7413(b), alleging Clean Air Act comments on a proposed Consent Section, Environment and Natural Resources violations at a natural gas compressor Decree (‘‘Decree’’) in United States v. Division. station owned and operated by CIG in City of New Orleans, et al., Civil Action [FR Doc. E9–18463 Filed 7–31–09; 8:45 am] Uintah County, Utah, within the No. 02–3618, Section ‘‘E’’, which was BILLING CODE 4410–15–P

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DEPARTMENT OF JUSTICE filed for the purpose of extending the these changes can be found at http:// Act’s provisions limiting the recovery of standards.ieee.org/standardswire/sba/5- Antitrust Division antitrust plaintiffs to actual damages 09.html. under specified circumstances. Notice Pursuant to the National On September 17, 2004, IEEE filed its Specifically, AIM GmbH, Freiburg, original notification pursuant to Section Cooperative Research and Production Germany; and Tundra Semiconductor Act of 1993—Cooperative Research 6(a) of the Act. The Department of Corporation, Fremont, CA have been Justice published a notice in the Federal Group on High Efficiency Dilute added as parties to this venture. In Gasoline Engine II Register pursuant to Section 6(b) of the addition, in the last filing of PXI Act on November 3, 2004 (69 FR 64105). Systems, the name ‘‘DAQTron, Inc.’’ Notice is hereby given that, on June The last notification was filed with 17, 2009, pursuant to section 6(a) of the was inadvertently misspelled ‘‘DAWTron, Inc.’’ Accordingly, the Department on May 1, 2009. A National Cooperative Research and notice was published in the Federal Production Act of 1993, 15 U.S.C. DAQTron, Inc., Roswell, GA has withdrawn as a party to this venture. Register pursuant to Section 6(b) of the § 4301 et seq. (‘‘the Act’’), Southwest Act on May 22, 2009 (74 FR 24034). Research Institute—Cooperative No other changes have been made in Research Group on High-Efficiency either the membership or planned Patricia A. Brink, Dilute Gasoline Engine II, (‘‘HEDGE II’’) activity of the group research project. Deputy Director of Operations, Antitrust has filed written notifications Membership in this group research Division. simultaneously with the Attorney project remains open, and PXI Systems [FR Doc. E9–18325 Filed 7–31–09; 8:45 am] General and the Federal Trade Alliance, Inc. intends to file additional BILLING CODE 4410–11–M Commission disclosing changes in its written notifications disclosing all membership. The notifications were changes in membership. filed for the purpose of extending the On November 22, 2000, PXI Systems DEPARTMENT OF JUSTICE Act’s provisions limiting the recovery of Alliance, Inc. filed its original antitrust plaintiffs to actual damages notification pursuant to section 6(a) of Antitrust Division under specified circumstances. the Act. The Department of Justice Specifically, Volkswagen Group of published a notice in the Federal Notice Pursuant to the National America, Inc., Herndon, VA has been Register pursuant to section 6(b) of the Cooperative Research and Production added as a party to this venture. Act on March 8, 2001 (66 FR 13971). Act of 1993—Interchangeable Virtual No other changes have been made in The last notification was filed with Instruments Foundation, Inc. either the membership or planned the Department on May 22, 2009. A activity of the group research project. notice was published in the Federal Notice is hereby given that, on June Membership in this group remains Register pursuant to section 6(b) of the 22, 2009, pursuant to section 6(a) of the open, and HEDGE II intends to file Act on April 10, 2009 (74 FR 24034). National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 additional written notifications Patricia A. Brink, disclosing all changes in membership. et seq. (‘‘the Act’’), Interchangeable Deputy Director of Operations, Antitrust Virtual Instruments Foundation, Inc. On February 19, 2009, HEDGE II filed Division. its original notification pursuant to has filed written notifications [FR Doc. E9–18323 Filed 7–31–09; 8:45 am] section 6(a) of the Act. The Department simultaneously with the Attorney of Justice published a notice in the BILLING CODE 4410–11–M General and the Federal Trade Federal Register pursuant to section Commission disclosing changes in its membership. The notifications were 6(b) of the Act on April 2, 2009 (74 FR DEPARTMENT OF JUSTICE 15003). filed for the purpose of extending the Antitrust Division Act’s provisions limiting the recovery of Patricia A. Brink, antitrust plaintiffs to actual damages Deputy Director of Operations, Antitrust Notice Pursuant to the National under specified circumstances. Division. Cooperative Research and Production Specifically, Ascor, Inc., has changed its [FR Doc. E9–18324 Filed 7–31–09; 8:45 am] Act of 1993—Institute of Electrical and name to Gigatronics, San Ramon, CA. BILLING CODE 4410–11–M Electronic Engineers No other changes have been made in either the membership or planned Notice is hereby given that, on July 6, activity of the group research project. DEPARTMENT OF JUSTICE 2009, pursuant to Section 6(a) of the Membership in this group research National Cooperative Research and project remains open, and Antitrust Division Production Act of 1993, 15 U.S.C. 4301 Interchangeable Virtual Instruments et seq. (‘‘the Act’’), Institute of Electrical Notice Pursuant to the National Foundation, Inc. intends to file and Electronic Engineers (‘‘IEEE’’) has Cooperative Research and Production additional written notifications filed written notifications Act of 1993—PXI Systems Alliance, disclosing all changes in membership. Inc. simultaneously with the Attorney General and the Federal Trade On May 29, 2001, Interchangeable Notice is hereby given that, on June Commission disclosing additions or Virtual Instruments Foundation, Inc. 22, 2009, pursuant to section 6(a) of the changes to its standards development filed its original notification pursuant to National Cooperative Research and activities. The notifications were filed section 6(a) of the Act. The Department Production Act of 1993, 15 U.S.C. 4301 for the purpose of extending the Acts of Justice published a notice in the et seq. (‘‘the Act’’), PXI Systems provisions limiting the recovery of Federal Register pursuant to section Alliance, Inc. has filed written antitrust plaintiffs to actual damages 6(b) of the Act on July 30, 2001 (66 FR notifications simultaneously with the under specified circumstances. 39336). Attorney General and the Federal Trade Specifically, 22 new standards have The last notification was filed with Commission disclosing changes in its been initiated and 9 existing standards the Department on April 10, 2009. A membership. The notifications were are being revised. More details regarding notice was published in the Federal

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Register pursuant to section 6(b) of the DEPARTMENT OF LABOR covered medical expenses they have Act on May 21, 2009 (74 FR 23884). paid. Form OWCP–915, Claim for Employment Standards Administration Medical Reimbursement, is used for this Patricia A. Brink, purpose and collects the necessary Deputy Director of Operations, Antitrust Office of Workers’ Compensation beneficiary and medical provider data Division. Programs; Proposed Extension of the in a standard format. This information [FR Doc. E9–18327 Filed 7–31–09; 8:45 am] Approval of Information Collection collection is currently approved for use Requirements BILLING CODE 4410–11–M through March 31, 2010. ACTION: Notice. II. Review Focus DEPARTMENT OF JUSTICE SUMMARY: The Department of Labor, as The Department of Labor is part of its continuing effort to reduce particularly interested in comments Antitrust Division paperwork and respondent burden, that: conducts a preclearance consultation • Evaluate whether the proposed Notice Pursuant to the National program to provide the general public collection of information is necessary Cooperative Research and Production and Federal agencies with an for the proper performance of the Act of 1993—Cooperative Research opportunity to comment on proposed functions of the agency, including Group on Clean Diesel V and/or continuing collections of whether the information will have information in accordance with the practical utility; • Notice is hereby given that, on June Paperwork Reduction Act of 1995 Evaluate the accuracy of the 17, 2009, pursuant to section 6(a) of the (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This agency’s estimate of the burden of the National Cooperative Research and program helps to ensure that requested proposed collection of information, Production Act of 1993, 15 U.S.C. 4301 data can be provided in the desired including the validity of the et seq. (‘‘the Act’’), Southwest Research format, reporting burden (time and methodology and assumptions used; • Institute—Cooperative Research Group financial resources) is minimized, Enhance the quality, utility, and on Clean Diesel V (‘‘Clean Diesel V’’) collection instruments are clearly clarity of the information to be has filed written notifications understood, and the impact of collection collected; and • simultaneously with the Attorney requirements on respondents can be Minimize the burden of the General and the Federal Trade properly assessed. Currently, the collection of information on those who Commission disclosing changes in its Employment Standards Administration are to respond, including through the use of appropriate automated, membership. The notifications were is soliciting comments concerning its electronic, mechanical, or other filed for the purpose of extending the proposal to extend the Office of technological collection techniques or Act’s provisions limiting the recovery of Management and Budget (OMB) other forms of information technology, antitrust plaintiffs to actual damages approval of the Information Collection: Claim for Medical Reimbursement e.g., permitting electronic submissions under specified circumstances. of responses. Specifically, Johnson Matthey Inc., (Form OWCP–915). A copy of the Malvern, PA has been added as a party proposed information collection request III. Current Actions can be obtained by contacting the office to this venture. The Department of Labor seeks listed below in the ADDRESSES section of No other changes have been made in this Notice. approval for the extension of this information collection in order to carry either the membership or planned DATES: Written comments must be out its responsibility to provide activity of the group research project. submitted to the office listed in the Membership in this group research payment for certain covered medical ADDRESSES section below on or before services to injured employees who are project remains open, and Clean Diesel October 2, 2009. V intends to file additional written covered under the Acts. ADDRESSES: Mr. Steven D. Lawrence, Type of Review: Extension. notifications disclosing all changes in U.S. Department of Labor, 200 Agency: Employment Standards membership. Constitution Ave., NW., Room S–3201, Administration. On January 10, 2008, Clean Diesel V Washington, DC 20210, telephone (202) Title: Claim for Medical filed its original notification pursuant to 693–0292, fax (202) 693–1451, E-mail Reimbursement. section 6(a) of the Act. The Department [email protected]. Please use OMB Number: 1215–0193. of Justice published a notice in the only one method of transmission for Affected Public: Individual or Federal Register pursuant to section comments (mail, fax, or E-mail). Households; Business or other for-profit; 6(b) of the Act on February 25, 2008 (73 SUPPLEMENTARY INFORMATION: Not-for-profit institutions. Total Respondents: 28,150. FR 10064). I. Background Total Annual Responses: 67,296. The last notification was filed with The Office of Workers’ Compensation Estimated Total Burden Hours: the Department on March 31, 2009. A Programs (OWCP) administers the 11,171. notice was published in the Federal Federal Employees’ Compensation Act Estimated Time per Response: 10 Register pursuant to section 6(b) of the (FECA), 5 U.S.C. 8101, et seq., the Black minutes. Act on May 7, 2009 (74 FR 21403). Lung Benefits Act (BLBA), 30 U.S.C. 901 Frequency: On occasion. et seq., and the Energy Employees Patricia A. Brink, Total Burden Cost (Capital/Startup): Occupational Illness Compensation $0. Deputy Director of Operations, Antitrust Program Act of 2000 (EEOICPA), 42 Total Burden Cost (Operating/ Division. U.S.C. 7384 et seq. All three statutes Maintenance): $103,636. [FR Doc. E9–18328 Filed 7–31–09; 8:45 am] require OWCP to pay for covered Comments submitted in response to BILLING CODE 4410–11–M medical treatment that is provided to this notice will be summarized and/or beneficiaries, and also to reimburse included in the request for Office of beneficiaries for any out-of-pocket Management and Budget approval of the

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information collection request; they will 10. Abstract: Persons in the U.S. who Alliance for Clean Energy, Tennessee also become a matter of public record. export or import nuclear material or Environmental Council, We the People, Dated: July 29, 2009. equipment under a general or specific the Sierra Club, and the Blue Ridge Steven D. Lawrence, authorization must comply with certain Environmental Defense League. The reporting and recordkeeping Acting Chief, Branch of Management Review hearing request was submitted in and Internal Control, Division of Financial requirements under 10 CFR part 110. response to a May 1, 2009 Notice of Management, Office of Management, A copy of the final supporting Receipt of Update to Application for Administration and Planning, Employment statement may be viewed free of charge Facility Operating License and Notice of Standards Administration. at the NRC Public Document Room, One Opportunity for Hearing for the Watts [FR Doc. E9–18446 Filed 7–31–09; 8:45 am] White Flint North, 11555 Rockville Bar Nuclear Plant, Unit 2 (74 FR 20350). Pike, Room O–1 F21, Rockville, MD BILLING CODE 4510–CH–P Petitioners challenge the updated 20852. OMB clearance requests are application filed by Tennessee Valley available at the NRC worldwide Web Authority for a facility operating license site: http://www.nrc.gov/public-involve/ NUCLEAR REGULATORY for the Watts Bar Nuclear Plant, Unit 2, COMMISSION doc-comment/omb/index.html. The document will be available on the NRC to be located in Rhea County, [Docket No. NRC–2009–0144] home page site for 60 days after the Tennessee. signature date of this notice. The Board is comprised of the Agency Information Collection Comments and questions should be following administrative judges: Activities: Submission for the Office of directed to the OMB reviewer listed Lawrence G. McDade, Chair, Atomic Management and Budget (OMB) below by September 2, 2009. Comments Review; Comment Request received after this date will be Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, AGENCY: U.S. Nuclear Regulatory considered if it is practical to do so, but Washington, DC 20555–0001. Commission (NRC). assurance of consideration cannot be ACTION: Notice of the OMB review of given to comments received after this Paul B. Abramson, Atomic Safety and information collection and solicitation date. Christine J. Kymn, Office of Licensing Board Panel, U.S. Nuclear of public comment. Information and Regulatory Affairs Regulatory Commission, Washington, (3150–0036), NEOB–10202, Office of DC 20555–0001. SUMMARY: The NRC has recently Management and Budget, Washington, Gary S. Arnold, Atomic Safety and submitted to OMB for review the DC 20503. Licensing Board Panel, U.S. Nuclear following proposal for the collection of Comments can also be e-mailed to Regulatory Commission, Washington, information under the provisions of the Christine J. [email protected] or Paperwork Reduction Act of 1995 (44 submitted by telephone at (202) 395– DC 20555–0001. U.S.C. Chapter 35). The NRC hereby 4638. All correspondence, documents, and informs potential respondents that an The NRC Clearance Officer is other materials shall be filed in agency may not conduct or sponsor, and Tremaine Donnell, (301) 415–6258. accordance with the NRC E–Filing rule, that a person is not required to respond Dated at Rockville, Maryland, this 27th day which the NRC promulgated in August to, a collection of information unless it of July 2009. 2007 (72 FR 49139). displays a currently valid OMB control For the Nuclear Regulatory Commission. number. The NRC published a Federal Issued at Rockville, Maryland, this 28th Register Notice with a 60-day comment Tremaine Donnell, day of July 2009. period on this information collection on Acting NRC Clearance Officer, Office of E. Roy Hawkens, Information Services. April 8, 2009. Chief Administrative Judge, Atomic Safety 1. Type of submission, new, revision, [FR Doc. E9–18436 Filed 7–31–09; 8:45 am] and Licensing Board Panel. or extension: Extension. BILLING CODE 7590–01–P [FR Doc. E9–18437 Filed 7–31–09; 8:45 am] 2. The title of the information BILLING CODE 7590–01–P collection: Export and Import of Nuclear Equipment and Material 10 CFR part NUCLEAR REGULATORY 110. COMMISSION 3. Current OMB approval number: [Docket No. 50–391; ASLBP No. 09–893– 3150–0036. 01–OL–BD01] 4. The form number if applicable: NRC Form 830 and NRC Form 831. Establishment of Atomic Safety and 5. How often the collection is Licensing Board; Tennessee Valley required: On occasion. Authority 6. Who will be required or asked to report: Any person in the U.S. who Pursuant to delegation by the wishes to export or import nuclear Commission dated December 29, 1972, material or equipment subject to the published in the Federal Register, 37 FR requirements of a general or specific 28,710 (1972), and the Commission’s license. regulations, see 10 CFR 2.104, 2.300, 7. An estimate of the number of 2.313, 2.318, and 2.321, notice is hereby annual responses: 946 (843 responses + given that an Atomic Safety and 103 recordkeeping). Licensing Board (Board) is being 8. The estimated number of annual established to preside over the following respondents: 103. proceeding: Tennessee Valley Authority 9. An estimate of the total number of (Watts Bar Nuclear Plant, Unit 2) hours needed annually to complete the This proceeding concerns a request requirement or request: 524. for hearing from petitioners Southern

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NUCLEAR REGULATORY and IP3 are both pressurized water 2009, ENO, acting on behalf of itself, COMMISSION nuclear reactors that are owned by Entergy Nuclear, ENIP2, ENIP3, EN– ENIP2 and ENIP3, respectively, and FitzPatrick, EN–Vermont Yankee, and [NRC–2009–0336; Docket No. 50–293; License No. DPR–35; Docket Nos. 50–003, operated by ENO. The facilities are EN–Palisades, submitted a request for 50–247; License Nos. DPR–5, DPR–26; located in Westchester County, New an extension of the effectiveness of the Docket No. 50–286; License No. DPR–64; York. Orders of July 28, 2008, such that they Docket Nos. 50–333 and 72–12; License No. ENO and Entergy Nuclear FitzPatrick, would remain effective until January 28, DPR–59; Docket Nos. 50–271 and 72–59; LLC (EN–FitzPatrick) are co-holders of 2010. According to the submittal, License No. DPR–28; Docket Nos. 50–155 the Facility Operating License, No. diligent efforts have been made to and 72–43; License No. DPR–6] DPR–59, which authorizes the obtain the required State and Federal possession, use, and operation of the regulatory approvals, and many of the In the Matter of: Entergy Nuclear James A. FitzPatrick Nuclear Power Operations, Inc.; Entergy Nuclear required approvals have been obtained. Plant (FitzPatrick). FitzPatrick is a However, proceedings are ongoing Generation Co. (Pilgrim Nuclear Power boiling water nuclear reactor that is Station); Entergy Nuclear Indian Point before the New York State Public owned by EN–FitzPatrick and operated Service Commission and the State of 2, LLC (Indian Point Nuclear by ENO. The facility is located in Generating Unit Nos. 1 and 2) and 72– Vermont Public Service Board and these Scriba, Oswego County, New York. two State agencies may not complete 51 Entergy Nuclear Indian Point 3, LLC ENO and Entergy Nuclear Vermont (Indian Point Nuclear Generating Unit their regulatory approval processes in Yankee, LLC (EN–Vermont Yankee) are time to complete the restructuring and No. 3), Entergy Nuclear FitzPatrick, co-holders of the Facility Operating LLC (James A. FitzPatrick Nuclear establishment of Enexus Energy License, No. DPR–28, which authorizes Corporation prior to July 28, 2009, as Power Plant), Entergy Nuclear Vermont the possession, use, and operation of the Yankee, LLC; (Vermont Yankee required by the NRC Orders consenting Vermont Yankee Nuclear Power Station to the proposed restructuring and Nuclear Power Station), Entergy (Vermont Yankee). Vermont Yankee is a Nuclear Palisades, LLC (Palisades associated indirect license transfers. boiling water nuclear reactor that is In addition, according to the Nuclear Plant) (Big Rock Point); Order owned by EN–Vermont Yankee and Extending the Effectiveness of the submittal, considerable progress has operated by ENO. The facility is located been made in securing financing to Approval of the Indirect Transfer of in the town of Vernon, Windham Facility Operating Licenses support the proposed transactions. County, Vermont. However, uncertainties in the current I ENO and Entergy Nuclear Palisades, financial markets and the need to obtain LLC (EN–Palisades) are co-holders of required State regulatory approvals have Entergy Nuclear Operations, Inc. the Renewed Facility Operating License, (ENO) and Entergy Nuclear Generation slowed the process of obtaining all of No. DPR–20, which authorizes the the requisite financing necessary to Company (Entergy Nuclear) are co- possession, use, and operation of the holders of the Facility Operating complete the transactions, making it Palisades Nuclear Plant (Palisades). difficult for the licensees to conclude License, No. DPR–35, which authorizes Palisades is a pressurized water nuclear the possession, use, and operation of the that all of the necessary arrangements reactor that is owned by EN–Palisades will be complete in time to support a Pilgrim Nuclear Power Station (Pilgrim). and operated by ENO. The facility is Pilgrim is a boiling water nuclear closing of the transactions by July 28, located in Van Buren County, Michigan. 2009. reactor that is owned by Entergy ENO and EN–Palisades are co-holders Finally, the licensee has concluded Nuclear and operated by ENO. The of the Facility Operating License, No. that there has been no material change facility is located on the western shore DPR–06, which authorizes the in the technical and financial of Cape Cod in the town of Plymouth on possession of Big Rock Point. Big Rock qualifications presented in the original the Entergy Nuclear site in Plymouth Point is an independent spent fuel application and relied upon by the NRC County, Massachusetts. storage installation (ISFSI) that is owned staff under which the NRC issued the ENO and Entergy Nuclear Indian by EN–Palisades and operated by ENO. Orders. According to the submittal, the Point 2, LLC (ENIP2) are co-holders of The facility is located in Charlevoix technical qualifications of the new the Facility Operating License, No. County, Michigan. DPR–5, which authorizes the possession organization and other bases for of the Indian Point Nuclear Generating II approving the transfers remain intact, Unit No. 1 (IP1). IP1 is a pressurized The NRC’s Orders dated July 28, 2008, and the various inter-company water nuclear reactor that is owned by consented to the indirect transfer of contractual arrangements and the ENIP2 and maintained by ENO. IP1 was control of the licenses of the above financial support arrangements, as permanently shut down in 1974 and facilities pursuant to Section 50.80 of described in the original application placed in a safe storage condition Title 10 of the Code of Federal and supplemental information, remain pending decommissioning. The facility Regulations in connection with a valid and fully support the NRC staff’s is located in Westchester County, New proposed corporate restructuring and findings. York. establishment of Enexus Energy On June 3, 2009, Mr. Sherwood ENO and ENIP2 are co-holders of the Corporation. By its terms, the Orders of Martinelli submitted a request for Facility Operating License, No. DPR–26, July 28, 2008, become null and void if hearing regarding the extension, which which authorizes the possession, use, the license transfers are not completed is currently pending before the and operation of the Indian Point by July 28, 2009, unless upon Commission. Nuclear Generating Unit No. 2 (IP2). application and for good cause shown, The NRC staff has considered the ENO and Entergy Nuclear Indian Point such date is extended by the submittal of May 15, 2009, as 3, LLC (ENIP3) are co-holders of the Commission. supplemented by letter dated May 29, Facility Operating License, No. DPR–64, 2009, and has determined that good which authorizes the possession, use, III cause has been shown to extend the and operation of the Indian Point By letter dated May 15, 2009, as effectiveness of the Orders of July 28, Nuclear Generating Unit No. 3 (IP3). IP2 supplemented by letter dated May 29, 2008, as requested.

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IV application for a combined license SECURITIES AND EXCHANGE Accordingly, pursuant to Sections (COL) for two AP1000 advanced passive COMMISSION 161b, 161i, 161o, and 184 of the Atomic pressurized water reactor nuclear power Energy Act of 1954, as amended, 42 plants at the Turkey Point facility near [Release No. 34–60392; File No. SR–Phlx– U.S.C. 2201(b), 2201(i), 2201(o), and the town of Homestead in Miami-Dade 2009–57] County, Florida. The reactors are to be 2234; and 10 CFR 50.80, IT IS HEREBY Self-Regulatory Organizations; Notice ORDERED that the effectiveness of the identified as Turkey Point Units 6 and 7. of Filing and Immediate Effectiveness Orders of July 28, 2008, described of Proposed Rule Change by NASDAQ herein, are extended such that if the An applicant may seek a COL in OMX PHLX, Inc. Relating to a Pilot proposed corporate restructuring and accordance with subpart C of 10 CFR Program for U.S. Dollar-Settled Foreign establishment of Enexus Energy part 52. The information submitted by Currency Options Corporation is not consummated by the applicant includes certain January 28, 2010, the Orders of July 28, administrative information such as July 28, 2009. 2008, shall become null and void, financial qualifications submitted Pursuant to Section 19(b)(1) of the unless upon application and for good pursuant to 10 CFR 52.77, as well as Securities Exchange Act of 1934 cause shown, such date is further technical information submitted (‘‘Act’’),1 and Rule 19b–4 thereunder,2 extended by Order. pursuant to 10 CFR 52.79. The applicant notice is hereby given that on July 8, This Order is effective upon issuance. requested exemptions from certain 2009, NASDAQ OMX PHLX, Inc. For further details with respect to this requirements of section IV.A.2. of (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Order, see the submittal dated May 15, Appendix D to 10 CFR part 52 and 10 Securities and Exchange Commission 2009 (Agencywide Documents Access CFR 52.79(a)(36)(iii) and 10 CFR (‘‘SEC’’ or ‘‘Commission’’) the proposed and Management System (ADAMS) 52.80(d), as described in part 7 of the rule change as described in Items I, II Accession No. ML091420271), as application. Also, FPL requested a and III below, which Items have been supplemented by letter dated May 29, Limited Work Authorization under 10 prepared by the Exchange. The 2009 (ADAMS Accession No. CFR 50.10(d) in advance of the COL to Commission is publishing this notice to ML091600059), which may be allow the early performance of certain solicit comments on the proposed rule examined, and/or copied for a fee, at the construction activities. Subsequent change from interested persons. NRC’s Public Document Room, located Federal Register notices will address at One White Flint North, 11555 the acceptability of the tendered COL I. Self-Regulatory Organization’s Rockville Pike (first floor), Rockville, application for docketing and provisions Statement of the Terms of Substance of MD, and accessible electronically for participation of the public in the the Proposed Rule Change through the ADAMS Public Electronic COL review process. The Exchange proposes to initiate a Reading Room link at the NRC Web site: A copy of the application is available Pilot Program, for a period beginning http://www.nrc.gov. for public inspection at the July 13, 2009 and ending December 31, Dated at Rockville, Maryland, this 24th day Commission’s Public Document Room 2009, applicable to specialists and 3 of July 2009. (PDR), located at One White Flint North, Registered Options Traders (‘‘ROTs’’) For the Nuclear Regulatory Commission. Public File Area O1 F21, 11555 trading certain U.S. dollar-settled Charles L. Miller, Rockville Pike (first floor), Rockville, foreign currency options (‘‘FCOs’’), Director, Office of Federal and State Materials Maryland, and via the Agencywide specifically the Mexican peso, Swedish and Environmental Management Programs. Documents Access and Management krona, South African rand or the New 4 Joseph G. Giitter, System (ADAMS) Public Electronic Zealand dollar (‘‘Pilot FCOs’’). The Director, Division of Operating Reactor Reading Room on the Internet at the Pilot Program would allow the Licensing, Office of Nuclear Reactor NRC Web site http://www.nrc.gov/ Exchange to waive the applicable Regulation. reading-rm/adams.html. The accession specialist and ROT option transaction Michael F. Weber, number for the cover letter of the fees for specialists and ROTs trading 5 Director, Office of Nuclear Material Safety application is ML091830589. The Pilot FCOs. Furthermore, the Exchange and Safeguards. complete application is available at Pilot Program would allow the [FR Doc. E9–18435 Filed 7–31–09; 8:45 am] http://www.nrc.gov/reactors/new- Exchange to pay a $1,700 monthly BILLING CODE 7590–01–P reactors/col/turkey-point.html. Future stipend (‘‘Monthly Stipend’’) per publicly available documents related to currency to each member organization the application will also be posted in acting as a specialist. NUCLEAR REGULATORY ADAMS. Persons who do not have COMMISSION access to ADAMS, or who encounter 1 15 U.S.C. 78s(b)(1). problems in accessing the documents 2 17 CFR 240.19b–4. [NRC–2009–0337] 3 A ROT is a regular member or a foreign currency located in ADAMS, should contact the options participant of the Exchange located on the Florida Power & Light Company; NRC Public Document Room staff by trading floor who has received permission from the Notice of Receipt and Availability of telephone at 1–800–397–4209 or 301– Exchange to trade in options for his own account. Application for a Combined License 415–4737, or by e-mail to [email protected]. The term ‘‘ROT’’ shall include a Streaming Quote Trader, and a Remote Streaming Quote Trader. See On June 30, 2009, Florida Power & Dated at Rockville, Maryland, this 23rd day Exchange Rule 1014. Light Company (FPL or the applicant) of July 2009. 4 The Exchange recently filed to list and trade For the Nuclear Regulatory Commission. options in these Pilot FCOs. See Securities filed with the Nuclear Regulatory Exchange Release No. 61069 (June 24, 2009), 74 FR Commission (NRC, the Commission) Amy M. Snyder, 31782 (July 2, 2009) (SR–Phlx–2009–40) (modifying pursuant to section 103 of the Atomic Senior Project Manager, AP 1000 Projects the pricing methodology for FCOs). The Pilot FCOs Energy Act and Title 10 of the Code of Branch 1, Division of New Reactor Licensing, are listed and traded electronically over the Office of New Reactors. Exchange’s options trading platform. Federal Regulations (10 CFR) part 52, 5 FCOs are currently traded on the Exchange ‘‘Licenses, Certifications, and Approvals [FR Doc. E9–18486 Filed 7–31–09; 8:45 am] under the name PHLX World Currency Options® for Nuclear Power Plants,’’ an BILLING CODE 7590–01–P (‘‘WCOs’’).

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While changes to the Exchange’s fee per contract as do ROTs.7 The Exchange change is consistent with the Act. schedule pursuant to this proposal are believes the revenue generated from Comments may be submitted by any of effective upon filing, the Exchange has customer transaction charges and the following methods: designated this proposal to be effective increased order flow would offset the on July 13, 2009 through December 31, foregone transaction fees of $.24 per Electronic Comments 2009. contract that is currently assessed on • Use the Commission’s Internet specialists and ROTS, thereby allowing The text of the proposed rule change comment form (http://www.sec.gov/ the Exchange to recoup those fees while is available on the Exchange’s Web site rules/sro.shtml); or at http://www.nasdaqtrader.com/micro. increasing order flow and generating • aspx?id=PHLXRulefilings, at the increased revenues. Send an e-mail to rule- [email protected]. Please include File principal office of the Exchange, and at 2. Statutory Basis the Commission’s Public Reference Number SR–Phlx–2009–57 on the Room. The Exchange believes that its subject line. proposal to amend its schedule of fees II. Self-Regulatory Organization’s is consistent with Section 6(b) of the Paper Comments Statement of the Purpose of, and Act 8 in general, and furthers the • Send paper comments in triplicate Statutory Basis for, the Proposed Rule objectives of Section 6(b)(4) of the Act 9 Change in particular, in that it is an equitable to Secretary, Securities and Exchange allocation of reasonable fees and other Commission, 100 F Street, NE., In its filing with the Commission, the Washington, DC 20549–1090. Exchange included statements charges among Exchange members. The concerning the purpose of and basis for Exchange believes that the Pilot All submissions should refer to File the proposed rule change and discussed Program will generate additional order Number SR–Phlx–2009–57. This file any comments it received on the flow to the Exchange by creating number should be included on the proposed rule change. The text of these incentives to trade FCOs as well as subject line if e-mail is used. To help the statements may be examined at the defray operational costs for specialists. Commission process and review your places specified in Item IV below. The B. Self-Regulatory Organization’s comments more efficiently, please use Exchange has prepared summaries, set Statement on Burden on Competition only one method. The Commission will forth in sections A, B, and C below, of The Exchange does not believe that post all comments on the Commission’s the most significant aspects of such the proposed rule change will impose Internet Web site (http://www.sec.gov/ statements. any burden on competition not rules/sro.shtml). Copies of the A. Self-Regulatory Organization’s necessary or appropriate in furtherance submission, all subsequent Statement of the Purpose of, and of the purposes of the Act. amendments, all written statements Statutory Basis for, the Proposed Rule with respect to the proposed rule C. Self-Regulatory Organization’s change that are filed with the Change Statement on Comments on the Commission, and all written Proposed Rule Change Received From 1. Purpose communications relating to the Members, Participants or Others The purpose of the proposed rule proposed rule change between the change is to create an additional No written comments were either Commission and any person, other than financial incentive for specialists and solicited or received. those that may be withheld from the ROTs to make markets in the Pilot III. Date of Effectiveness of the public in accordance with the FCOs. By paying specialists a Monthly Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be Stipend on the Pilot FCOs of $1,700 per Commission Action available for inspection and copying in currency, the Exchange hopes to defray The foregoing rule change has become the Commission’s Public Reference the operational costs of the specialists. effective pursuant to Section Room, on official business days between Specifically, the Exchange seeks to 19(b)(3)(A)(ii) of the Act 10 and the hours of 10 a.m. and 3 p.m. Copies defray the specialists’ costs associated paragraph (f)(2) of Rule 19b–4 11 of the filing also will be available for with their obligations to continuously thereunder. At any time within 60 days inspection and copying at the principal quote and support the Pilot FCOs.6 The of the filing of the proposed rule change, office of the Exchange. All comments Monthly Stipend will be paid on a per the Commission may summarily received will be posted without change; currency basis. For example, a member abrogate such rule change if it appears the Commission does not edit personal organization acting as a specialist in two to the Commission that such action is identifying information from of the Pilot FCOs will receive $3,400 per necessary or appropriate in the public submissions. You should submit only month. interest, for the protection of investors, information that you wish to make In addition, the Exchange proposes to or otherwise in furtherance of the available publicly. All submissions waive the options transaction charges purposes of the Act. should refer to File Number SR–Phlx– assessed on specialists and ROTs in the IV. Solicitation of Comments 2009–57 and should be submitted on or Pilot FCOs in order to further encourage before August 24, 2009. the trading of the Pilot FCOs. Currently, Interested persons are invited to specialists pay a transaction fee of $.24 submit written data, views, and For the Commission, by the Division of arguments concerning the foregoing, Trading and Markets, pursuant to delegated authority.12 6 The Exchange currently pays a subsidy, an including whether the proposed rule Options Floor Broker Subsidy, to member Florence E. Harmon, organizations with Exchange registered floor 7 Customers are assessed a transaction fee of $.44 brokers for eligible contracts that are entered into Deputy Secretary. per options transaction charge in FCOs. the Exchange’s trading system to provide an [FR Doc. E9–18421 Filed 7–31–09; 8:45 am] 8 15 U.S.C. 78f(b). incentive to floor brokers for increased order flow. BILLING CODE 8010–01–P See Securities Exchange Release No. 59705 (April 9 15 U.S.C. 78f(b)(4). 3, 2009), 74 FR 16906 (April 13, 2009) (SR–Phlx– 10 15 U.S.C. 78s(b)(3)(A)(ii). 2009–28). 11 17 CFR 240.19b–4(f)(2). 12 17 CFR 200.30–3(a)(12).

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DEPARTMENT OF TRANSPORTATION • Web site: http:// Canadian National Railway Company www.regulations.gov. Follow the online Federal Railroad Administration (Waiver Petition Docket Number FRA–2009– instructions for submitting comments. 0074) • Petition for Waiver of Compliance Fax: 202–493–2251. The Canadian National Railway • Mail: Docket Operations Facility, Company (CN), the United In accordance with Part 211 of Title U.S. Department of Transportation, 1200 Transportation Union (UTU), and the 49 Code of Federal Regulations (CFR), New Jersey Avenue, SE., W12–140, Brotherhood of Locomotive Engineers notice is hereby given that the Federal Washington, DC 20590. and Trainmen (BLET) jointly seek a Railroad Administration (FRA) has waiver from compliance of the • Hand Delivery: 1200 New Jersey received a request for a waiver of provisions of U.S.C. 21103(a)(4), which Avenue, SE., Room W12–140, compliance from certain requirements mandates 48 and 72 hour off duty Washington, DC 20590, between 9 a.m. of its safety standards. The individual periods following qualifying number of petition is described below, including and 5 p.m., Monday through Friday, days in which an on duty period was the party seeking relief, the regulatory except Federal holidays. initiated. The parties state that their provisions involved, the nature of the Communications received within 20 current collective bargaining agreements relief being requested, and the days of the date of this notice will be offer an enhanced level of safety and petitioner’s arguments in favor of relief. considered by FRA before final action is rest beyond the provisions of taken. Comments received after that § 21103(a)(4). The entire joint CN, UTU BNSF Railway Company date will be considered as far as and BLE petition may be viewed at (Waiver Petition Docket Number FRA– practicable. All written communications http://www.regulations.gov under the 2009–0065) concerning these proceedings are docket number listed above. available for examination during regular Interested parties are invited to The BNSF Railway Company (BNSF) business hours (9 a.m.–5 p.m.) at the participate in these proceedings by and the Brotherhood of Locomotive above facility. All documents in the submitting written views, data, or Engineers and Trainmen (BLET) seek a comments. FRA does not anticipate limited waiver from compliance of the public docket are also available for inspection and copying on the Internet scheduling a public hearing in provisions of the Federal hours of connection with these proceedings since at the docket facility’s Web site at http:// service law for yard assignments. The the facts do not appear to warrant a www.regulations.gov. parties state that their request is not for hearing. If any interested party desires system-wide application, but rather Anyone is able to search the an opportunity for oral comment, they specifically identified assignments electronic form of any written should notify FRA, in writing, before listed in their application, which may communications and comments the end of the comment period and be found at http://www.regulations.gov received into any of our dockets by the specify the basis for their request. under the docket number listed above. name of the individual submitting the All communications concerning these Specifically, BNSF and BLET are comment (or signing the comment, if proceedings should identify the requesting a limited waiver of U.S.C. submitted on behalf of an association, appropriate docket number (e.g., Waiver 21103(a)(4), which states that a train business, labor union, etc.). You may Petition Docket Number FRA–2009– employee may not be required or review DOT’s complete Privacy Act 0074) and may be submitted by any of allowed to remain or go on duty after Statement in the Federal Register the following methods: that employee has initiated an on-duty published on April 11, 2000 (Volume • Web site: http:// period each day for 6 consecutive days, 65, Number 70; Pages 19477–78). www.regulations.gov. Follow the online unless that employee has had at least 48 instructions for submitting comments. Issued in Washington, DC on July 28, 2009. • hours off duty at the employee’s home Fax: 202–493–2251. Grady C. Cothen, Jr., • terminal. BNSF and BLET currently Mail: Docket Operations Facility, have collective bargaining agreements Deputy Associate Administrator for Safety U.S. Department of Transportation, 1200 which provide for the trainmen’s return Standards and Program Development. New Jersey Avenue, SE., W12–140, to duty with less than 48 hours off duty [FR Doc. E9–18441 Filed 7–31–09; 8:45 am] Washington, DC 20590. • following 6 consecutive days in which BILLING CODE 4910–06–P Hand Delivery: 1200 New Jersey an on duty period was initiated. Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. Interested parties are invited to DEPARTMENT OF TRANSPORTATION and 5 p.m., Monday through Friday, participate in these proceedings by except Federal holidays. submitting written views, data, or Federal Railroad Administration Communications received within 20 comments. FRA does not anticipate days of the date of this notice will be scheduling a public hearing in Petition for Waiver of Compliance considered by FRA before final action is connection with these proceedings since taken. Comments received after that the facts do not appear to warrant a In accordance with Part 211 of Title date will be considered as far as hearing. If any interested party desires 49 Code of Federal Regulations (CFR), practicable. All written communications an opportunity for oral comment, they notice is hereby given that the Federal concerning these proceedings are should notify FRA, in writing, before Railroad Administration (FRA) has available for examination during regular the end of the comment period and received a request for a waiver of business hours (9 a.m.–5 p.m.) at the specify the basis for their request. compliance from certain requirements above facility. All documents in the All communications concerning these of its safety standards. The individual public docket are also available for proceedings should identify the petition is described below, including inspection and copying on the Internet appropriate docket number (e.g., Waiver the party seeking relief, the regulatory at the docket facility’s Web site at Petition Docket Number FRA–2009– provisions involved, the nature of the http://www.regulations.gov. 0065) and may be submitted by any of relief being requested, and the Anyone is able to search the the following methods: petitioner’s arguments in favor of relief. electronic form of any written

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communications and comments each calendar month. The entire joint DEPARTMENT OF TRANSPORTATION received into any of our dockets by the CN, UTU and BLE petition may be name of the individual submitting the viewed at http://www.regulations.gov Federal Railroad Administration comment (or signing the comment, if under the docket number listed above. submitted on behalf of an association, Interested parties are invited to Petition for Waiver of Compliance business, labor union, etc.). You may participate in these proceedings by In accordance with Part 213 of Title review DOT’s complete Privacy Act submitting written views, data, or 49 Code of Federal Regulations (CFR), Statement in the Federal Register comments. FRA does not anticipate notice is hereby given that the Federal published on April 11, 2000 (Volume scheduling a public hearing in Railroad Administration (FRA) has 65, Number 70; Pages 19477–78). connection with these proceedings, received a request for a waiver of Issued in Washington, DC on July 28, 2009. since the facts do not appear to warrant compliance from certain requirements Grady C. Cothen, Jr., a hearing. If any interested party desires of its safety standards. The individual Deputy Associate Administrator for Safety an opportunity for oral comment, they petition is described below, including Standards and Program Development. should notify FRA, in writing, before the party seeking relief, the regulatory [FR Doc. E9–18442 Filed 7–31–09; 8:45 am] the end of the comment period and provisions involved, the nature of the specify the basis for their request. BILLING CODE 4910–06–P relief being requested, and the All communications concerning these petitioner’s arguments in favor of relief. proceedings should identify the DEPARTMENT OF TRANSPORTATION appropriate docket number (Docket CSX Transportation Number FRA–2009–0075) and may be (Waiver Petition Docket Number FRA–2008– Federal Railroad Administration submitted by any of the following 0111) methods: In accordance with the conditions set Petition for Waiver of Compliance • Web site: http:// forth in the continuous rail test pilot In accordance with part 211 of Title www.regulations.gov. Follow the online waiver granted on May 22, 2009, CSX 49 Code of Federal Regulations (CFR), instructions for submitting comments. Transportation hereby requests an • Fax: 202–493–2251. notice is hereby given that the Federal extension until May 22, 2010, to further • Mail: Docket Operations Facility, Railroad Administration (FRA) has evaluate the process for the accepted U.S. Department of Transportation, 1200 received a request for a waiver of practice of stop/start rail test hand New Jersey Avenue, SE., W12–140, compliance from certain requirements verification. Washington, DC 20590. of its safety standards. The individual Interested parties are invited to • Hand Delivery: 1200 New Jersey petition is described below, including participate in these proceedings by Avenue, SE., Room W12–140, the party seeking relief, the regulatory submitting written views, data, or Washington, DC 20590, between 9 a.m. provisions involved, the nature of the comments. FRA does not anticipate and 5 p.m., Monday through Friday, relief being requested, and the scheduling a public hearing in except Federal holidays. petitioner’s arguments in favor of relief. connection with these proceedings since Communications received within 20 the facts do not appear to warrant a Canadian National Railway Company days of the date of this notice will be hearing. If any interested party desires considered by FRA before final action is (Waiver Petition Docket Number FRA– an opportunity for oral comment, they taken. Comments received after that 2009–0075) should notify FRA, in writing, before date will be considered as far as the end of the comment period and The Canadian National Railway practicable. All written communications specify the basis for their request. Company (CN), the United concerning these proceedings are All communications concerning these Transportation Union (UTU), and the available for examination during regular proceedings should identify the Brotherhood of Locomotive Engineers business hours (9 a.m.–5 p.m.) at the appropriate docket number (e.g., Waiver and Trainmen (BLET) jointly petitioned above facility. All documents in the Petition Docket Number FRA–2008– to establish a pilot project under 49 public docket are also available for 0111) and may be submitted by any of U.S.C. 21108 providing for an inspection and copying on the Internet the following methods: alternative means of measuring the at the docket facility’s Web site at • Web site: http:// monthly cycle under which employees’ http://www.regulations.gov. www.regulations.gov. Follow the online on-duty hours are capped at 276 hours Anyone is able to search the instructions for submitting comments. per month. The pilot project would be electronic form of any written • Fax: 202–493–2251. made possible by a partial waiver of 49 communications and comments • Mail: Docket Operations Facility, U.S.C. 21103(a)(1), permitting the cap received into any of our dockets by the on total service for certain train U.S. Department of Transportation, 1200 name of the individual submitting the employees to be computed on other New Jersey Avenue, SE., W12–140, comment (or signing the comment, if than a calendar month basis. The parties Washington, DC 20590. submitted on behalf of an association, propose to divide the affected • Hand Delivery: 1200 New Jersey business, labor union, etc.). You may employees into two groups, one of Avenue, SE., Room W12–140, review DOT’s complete Privacy Act which would measure their on-duty Washington, DC 20590, between 9 a.m. Statement in the Federal Register time from the first day of each month to and 5 p.m., Monday through Friday, published on April 11, 2000 (Volume the last day of the same month. For the except Federal holidays. 65, Number 70; Pages 19477–78). other group, the measurement would be Communications received within 45 made from the fifteenth (15th) day of the Issued in Washington, DC, on July 28, days of the date of this notice will be month until the fourteenth (14th) day of 2009. considered by FRA before final action is the following month. The parties aver Grady C. Cothen, Jr., taken. Comments received after that that this approach will be as effective as Deputy Associate Administrator for Safety date will be considered as far as the statutory pattern in preventing Standards and Program Development. practicable. All written communications fatigue while ensuring that rested [FR Doc. E9–18443 Filed 7–31–09; 8:45 am] concerning these proceedings are employees will be available throughout BILLING CODE 4910–06–P available for examination during regular

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business hours (9 a.m.–5 p.m.) at the Docket: For access to the docket to Federal Register Notice (70 FR 67777) above facility. All documents in the read background documents or provides the current protocol for public docket are also available for comments, go to http:// allowing such drivers to operate CMVs inspection and copying on the Internet www.regulations.gov and/or Room in interstate commerce. at the docket facility’s Web site at W12–140 on the ground level of the These twenty-one applicants have had http://www.regulations.gov. West Building, 1200 New Jersey ITDM over a range of 1 to 43 years. Anyone is able to search the Avenue, SE., Washington, DC, between These applicants report no electronic form of any written 9 a.m. and 5 p.m., Monday through hypoglycemic reaction that resulted in communications and comments Friday, except Federal holidays. loss of consciousness or seizure, that received into any of our dockets by the Privacy Act: Anyone may search the required the assistance of another name of the individual submitting the electronic form of all comments person, or resulted in impaired comment (or signing the comment, if received into any of DOT’s dockets by cognitive function without warning submitted on behalf of an association, the name of the individual submitting symptoms in the past 5 years (with one business, labor union, etc.). You may the comment (or of the person signing year of stability following any such review DOT’s complete Privacy Act the comment, if submitted on behalf of episode). In each case, an Statement in the Federal Register an association, business, labor union, or endocrinologist has verified that the published on April 11, 2000 (Volume other entity). You may review DOT’s driver has demonstrated willingness to 65, Number 70; Pages 19477–78). complete Privacy Act Statement in the properly monitor and manage their Issued in Washington, DC on July 28, 2009. Federal Register (65 FR 19477, Apr. 11, diabetes, received education related to 2000). This statement is also available at diabetes management, and is on a stable Grady C. Cothen, Jr., http://www.regulations.gov. insulin regimen. These drivers report no Deputy Associate Administrator for Safety other disqualifying conditions, Standards and Program Development. Background including diabetes-related [FR Doc. E9–18444 Filed 7–31–09; 8:45 am] On June 12, 2009, FMCSA published complications. Each meets the vision BILLING CODE 4910–06–P a notice of receipt of Federal diabetes standard at 49 CFR 391.41(b)(10). exemption applications from twenty- The qualifications and medical one individuals, and requested condition of each applicant were stated DEPARTMENT OF TRANSPORTATION comments from the public (74 FR and discussed in detail in the June 2, 28097). The public comment period Federal Motor Carrier Safety 2009, Federal Register Notice (74 FR closed on July 13, 2009, and no Administration 28097). Therefore, they will not be comments were received. repeated in this notice. [FMCSA Docket No. FMCSA–2009–0155] FMCSA has evaluated the eligibility of the twenty-one applicants and Basis for Exemption Determination Qualification of Drivers; Exemption determined that granting the Under 49 U.S.C. 31136(e) and 31315, Applications; Diabetes exemptions to these individuals would FMCSA may grant an exemption from achieve a level of safety equivalent to, the diabetes standard in 49 CFR AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. or greater than, the level that would be 391.41(b)(3) if the exemption is likely to achieved by complying with the current achieve an equivalent or greater level of ACTION: Notice of final disposition. regulation 49 CFR 391.41(b)(3). safety than would be achieved without the exemption. The exemption allows SUMMARY: FMCSA announces its Diabetes Mellitus and Driving the applicants to operate CMVs in decision to exempt twenty-one Experience of the Applicants individuals from its rule prohibiting interstate commerce. The Agency established the current persons with insulin-treated diabetes To evaluate the effect of these standard for diabetes in 1970 because mellitus (ITDM) from operating exemptions on safety, FMCSA several risk studies indicated that commercial motor vehicles (CMVs) in considered medical reports about the diabetic drivers had a higher rate of interstate commerce. The exemptions applicants’ ITDM and vision, and crash involvement than the general will enable these individuals to operate reviewed the treating endocrinologist’s population. The diabetes rule provides CMVs in interstate commerce. medical opinion related to the ability of that ‘‘A person is physically qualified to the driver to safely operate a CMV while DATES: The exemptions are effective drive a commercial motor vehicle if that using insulin. August 3, 2009. The exemptions expire person has no established medical Consequently, FMCSA finds that on August 3, 2011. history or clinical diagnosis of diabetes exempting these applicants from the FOR FURTHER INFORMATION CONTACT: Dr. mellitus currently requiring insulin for diabetes standard in 49 CFR 391.41(b)(3) Mary D. Gunnels, Director, Medical control’’ (49 CFR 391.41(b)(3)). is likely to achieve a level of safety Programs, (202) 366–4001, FMCSA established its diabetes equal to that existing without the [email protected], FMCSA, Room exemption program, based on the exemption. W64–224, Department of Agency’s July 2000 study entitled ‘‘A Transportation, 1200 New Jersey Report to Congress on the Feasibility of Conditions and Requirements Avenue, SE., Washington, DC 20590– a Program to Qualify Individuals with The terms and conditions of the 0001. Office hours are from 8:30 a.m. to Insulin-Treated Diabetes Mellitus to exemption will be provided to the 5 p.m., Monday through Friday, except Operate in Interstate Commerce as applicants in the exemption document Federal holidays. Directed by the Transportation Act for and they include the following: (1) That SUPPLEMENTARY INFORMATION: the 21st Century.’’ The report concluded each individual submit a quarterly that a safe and practicable protocol to monitoring checklist completed by the Electronic Access allow some drivers with ITDM to treating endocrinologist as well as an You may see all the comments online operate CMVs is feasible. annual checklist with a comprehensive through the Federal Document The September 3, 2003 Federal medical evaluation; (2) that each Management System (FDMS) at: http:// Register Notice (68 FR 52441) in individual reports within 2 business www.regulations.gov. conjunction with the November 8, 2005, days of occurrence, all episodes of

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severe hypoglycemia, significant DEPARTMENT OF THE TREASURY Code (IRC) by adding IRC § 45D and complications, or inability to manage created the NMTC Program. The diabetes; also, any involvement in an Notice and Request for Comments Department of the Treasury, through the accident or any other adverse event in Fund, administers the NMTC Program, AGENCY: Community Development a CMV or personal vehicle, whether or which provides an incentive to Financial Institutions Fund. not they are related to an episode of investors in the form of tax credits over hypoglycemia; (3) that each individual ACTION: Notice and request for seven years, which is expected to provide a copy of the ophthalmologist’s comments. stimulate the provision of private investment capital that, in turn, will or optometrist’s report to the medical SUMMARY: The U.S. Department of the facilitate economic and community examiner at the time of the annual Treasury, as part of its continuing effort development in low-income medical examination; and (4) that each to reduce paperwork and respondent communities. In order to receive the tax individual provide a copy of the annual burden, invites the general public and credit, taxpayers make Qualified Equity medical certification to the employer for other Federal agencies to take this Investments (QEIs) in Community retention in the driver’s qualification opportunity to comment on proposed Development Entities (CDEs): file, or keep a copy in his/her driver’s and/or continuing information qualification file if he/she is self- substantially all of the QEI proceeds collections, as required by the must in turn be used by the CDE to employed. The driver must also have a Paperwork Reduction Act of 1995, copy of the certification when driving, provide investments in businesses and Public Law 104–13 (44 U.S.C. real estate developments in low-income for presentation to a duly authorized 3506(c)(2)(A)). Currently, the Federal, State, or local enforcement communities. Community Development Financial The tax credit provided to the official. Institutions Fund (the Fund) is investor totals 39 percent of the amount Discussion of Comments soliciting comments concerning the of the investment and is claimed over a ‘‘New Markets Tax Credit (NMTC) seven-year period. In each of the first FMCSA received no comments in this Program—Allocation Application’’ three years, the investor receives a proceeding. (hereafter, the Application). credit equal to five percent of the total DATES: Written comments must be Conclusion amount paid for the stock or capital received on or before October 2, 2009 to interest at the time of purchase. For the Based upon its evaluation of the be assured of consideration. final four years, the value of the credit twenty-one exemption applications, ADDRESSES: Direct all comments to is six percent annually. Investors may FMCSA exempts: Eugene L. Bradley, Matthew Josephs, NMTC Program not redeem their investments in CDEs John F. Carruthers, Keith A. Craven, Jose Manager, Community Development prior to the conclusion of the seven-year E. Cruz, Daniel L. Dixon, Michael A. Financial Institutions Fund, U.S. period without forfeiting any credit Garufi, Joseph P. Jurewicz II, Dana N. Department of the Treasury, 601 13th amounts they have received. Larsen, Jason G. Leavitt, Chad M. Street, NW., Suite 200 South, The Fund is responsible for certifying Morris, Thomas M. Petee, Jim A. Phelps, Washington, DC 20005, by e-mail to organizations as CDEs, and Larry R. Price, James F. Rabideau, Jr., [email protected], or by facsimile administering the competitive allocation Stanley N. Reneau, Richard D. Ritenour, to (202) 622–7754. Please note this is of tax credit authority to CDEs, which it John E. Spano, Delton N. Stewart, Mark not a toll free number. does through annual allocation rounds. As part of the award selection process, S. Sundberg, Timothy G. Walls, and FOR FURTHER INFORMATION CONTACT: The all CDEs are required to prepare and Kelly R. Winslow from the ITDM Application and the NMTC Program submit the Application, which includes standard in 49 CFR 391.41(b)(3), subject Notice of Allocation Availability four key sections (Business Strategy; to the conditions listed under (NOAA) for the FY 2009 allocation Community Impact; Management ‘‘Conditions and Requirements’’ above. round (74 FR 4077, January 22, 2009) Capacity; and Capitalization Strategy). In accordance with 49 U.S.C. 31136(e) may be obtained from the NMTC During the first phase of the review and 31315 each exemption will be valid Program page of the Fund’s Web site at process, each Application is rated and for two years unless revoked earlier by http://www.cdfifund.gov. Requests for scored independently by three different FMCSA. The exemption will be revoked additional information should be readers. if: (1) The person fails to comply with directed to Matthew Josephs, NMTC In scoring each Application, the terms and conditions of the Program Manager, Community reviewers rate each of the four exemption; (2) the exemption has Development Financial Institutions evaluation sections as follows: Weak (0– resulted in a lower level of safety than Fund, U.S. Department of the Treasury, 5 points); Limited (6–10 points); was maintained before it was granted; or 601 13th Street, NW., Suite 200 South, Average (11–15 points); Good (16–20 (3) continuation of the exemption would Washington, DC 20005, by e-mail to points); and Excellent (21–25 points). not be consistent with the goals and [email protected], or by facsimile Applications can be awarded up to ten objectives of 49 U.S.C. 31136(e) and to (202) 622–7754. Please note this is additional ‘‘priority’’ points for 31315. If the exemption is still effective not a toll free number. demonstrating a track record of serving at the end of the 2-year period, the SUPPLEMENTARY INFORMATION: disadvantaged business and person may apply to FMCSA for a Title: New Markets Tax Credit communities and/or for committing to renewal under procedures in effect at (NMTC) Program—Allocation make investments in projects owned by that time. Application. unrelated parties. If one or more of the OMB Number: 1559–0016. three readers provides an anomalous Issued on: July 24, 2009. Abstract: Title I, subtitle C, section score, and it is determined that such an Larry W. Minor, 121 of the Community Renewal Tax anomaly would affect the outcome of Associate Administrator for Policy and Relief Act of 2000 (the Act), as enacted the final awardee pool, then a fourth Program Development. in the Consolidated Appropriations Act, reviewer will score the Application, and [FR Doc. E9–18450 Filed 7–31–09; 8:45 am] 2001 (Pub. L. 106–554, December 21, the anomalous score would likely be BILLING CODE 4910–EX–P 2000), amended the Internal Revenue dropped.

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Once all of the scores have been question and table in the Application. applicant and its affiliates receive in finalized, including anomaly score Are there questions or tables that are connection with NMTC transactions? adjustments, those Applications that redundant and/or unnecessary? Should How can collection of this information meet minimum aggregate scoring additional questions or tables be added be improved? How should the Fund use thresholds in each of the four major to ensure collection of more relevant this information? For example, should review sections (as well as a minimum information? the Fund make the applicant’s stated overall scoring threshold) are eligible to 2. Are the thresholds contained in fees a specific condition of the be considered for an allocation. They Question 17 of the Application Allocation Agreement, and should the are reviewed by an internal Fund panel, appropriate, given current economic Fund set limits on fees in the Allocation with a Lead Panelist making an award conditions? If not, what should the Agreement? recommendation to a Panel Manager, criteria include? Should the Fund 6. In any given Application round, the and the Panel Manager making an award provide a range of flexible product Fund requires applicants that have recommendation to the Selecting commitments based on a discount of received awards in previous rounds to Official. If the Selecting Official’s award interest rates below market as defined demonstrate that they have been able to recommendation varies significantly by basis point reductions (or other raise minimum threshold amounts of from the recommendation of the Panel product flexibilities) or continue to QEIs from their prior awards (see the Manager, then a Reviewing Official present commitment options in 2009 NOAA for the current minimum makes the final award determination. percentage terms? threshold requirements). Are these Awards are made, in descending order 3. A CDE is entitled to earn five current minimum threshold of the final rank score, until the ‘‘priority points’’ for committing to requirements sufficient? Should the available allocation authority for a given invest substantially all of its QEI Fund consider using different round is fully expended. proceeds in businesses in which measurements, such as the amount of Current Actions: Preparing for the persons unrelated to the CDE hold the QEIs that have been deployed as upcoming FY 2010 NMTC Program majority equity interest (within the investments in low-income allocation round. meaning of I.R.C. section 267(b) or communities? 707(b)(1)). With respect to the timing of Type of Review: Extension. 7. The Fund generally caps award this test, the CDFI Fund has determined Affected Public: CDEs seeking NMTC amounts to any one organization in a that it is to be applied after the initial Program allocation authority. given round. In the 2009 Application Estimated Number of Respondents: investment is made, and for the life of round, this cap was set at $125 million. 249. the seven-year compliance period Is this an appropriate amount? Should Estimated Annual Time per (though an exception is permitted if the Fund consider raising the cap Respondent: 200 hours. events unforeseen at the time of the significantly (e.g., to $250 million), and Estimated Total Annual Burden initial investment cause the CDE to have prohibit a CDE that receives such a large Hours: 49,800 hours. to subsequently take a controlling Requests for Comments: Comments interest in the business). Is it allocation award from applying again submitted in response to this notice will appropriate that this test is applied after for an established period of time? be summarized and/or included in the the investment is made, or should the 8. In April 2009, the Government request for Office of Management and CDFI consider applying this test before Accountability Office released a report Budget approval. All comments will the investment is made? If the test is to titled: ‘‘New Markets Tax Credit: become a matter of public record and be applied before the investment is Minority Entities Are Less Successful in may be published on the Fund Web site made, then how should the Fund treat Obtaining Awards than Non-Minority at http://www.cdfifund.gov. Comments circumstances whereby the receipt of Entities’’ (GAO–09–536). Are there are invited on: (a) Whether the the QEI and the investment in the actions that the Fund should take in collection of information is necessary business is essentially a simultaneous order to increase the number of minority for the proper performance of the transaction, particularly when the CDE CDE applicants and allocatees? functions of the agency, including may not have any owners identified 9. Are there changes that can be made whether the information shall have prior to the QEI closing? to the application process or elsewhere, practical utility; (b) the accuracy of the 4. The Application currently collects that will increase the amount of agency’s estimate of the burden of the outcome information on the applicant’s Qualified Low-Income Community collection of information; (c) ways to historic community impacts and Investments that support activities that enhance the quality, utility, and clarity projected economic development have not traditionally received large of the information to be collected; (d) impacts in Table C1 and Table C2, scale financing from NMTC investment ways to minimize the burden of the respectively, and collects information proceeds (e.g., loans and investments for collection of information on on projected community development small business operations; loans to and respondents, including through the use impacts in Question 30. Are there investments in other CDEs, including of technology; and (e) estimates of changes that should be made in the way CDFIs; purchase of loans from other capital or start-up costs and costs of projected economic development is CDEs; etc.)? operation, maintenance, and purchase currently measured? Are there other 10. Currently, the Fund uses of services required to provide outcomes/impacts for which the Fund economic distress factors from the most information. should be collecting information to recent decennial census to qualify The Fund specifically requests ensure effective use of the NMTC? eligible census tracts and to verify, comments concerning the Application, Should the Fund have a greater focus on when applicable, that awardees are Application review process, and the community development outcomes/ serving ‘‘severely’’ distressed following questions: impacts? Alternatively, should the Fund communities. Are there other public 1. Is the information that is currently focus exclusively on economic sources of data on economic indicators collected by the Application necessary development outcomes/impacts? (e.g., American Community Survey and appropriate for the Fund to 5. Do Question 56 and Table F1 of the three- and five-year estimates for consider for the purpose of making Application capture all sources of poverty rate, area median income, and award decisions? Please consider each compensation and profits that the unemployment rate) that are updated

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more frequently and readily available DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: The that the Fund should accept? Department established HAMP, Departmental Offices; Privacy Act of Authority: 26 U.S.C. 45D; 31 U.S.C. 321; pursuant to the Emergency Economic 26 CFR 1.45D–1. 1974, as Amended Stabilization Act of 2008 (Pub. L. 110– 343), to enable eligible homeowners Dated: July 28, 2009. AGENCY: Departmental Offices, Treasury. who have a record of making timely Donna J. Gambrell, ACTION: Notice of Proposed New Privacy mortgage payments, but are Director, Community Development Financial Act System of Records for the Home experiencing hardships in doing so, to Institutions Fund. Affordable Modification Program. modify the principal amounts and [FR Doc. E9–18525 Filed 7–31–09; 8:45 am] interest rates of their mortgage loans. BILLING CODE 4810–70–P SUMMARY: Pursuant to the provisions of HAMP facilitates such mortgage loan the Privacy Act of 1974 (5 U.S.C. 552a), modifications by providing subsidies to the U.S. Department of the Treasury mortgage loan servicers who agree to DEPARTMENT OF THE TREASURY (‘‘Treasury’’ or the ‘‘Department’’) is them. The Department administers giving notice that it proposes to Senior Executive Service; Social HAMP with the assistance of designated establish a new system of records Inspector General for the Troubled Financial Agents. necessary to administer the Home Asset Relief Program; Performance The Department establishes this new Affordable Modification Program and Review Board system of records to provide Treasury related homeownership preservation and its Financial Agents with access to AGENCY: Treasury Department. programs (‘‘HAMP’’). information about mortgage borrowers ACTION: Notice of members of the DATES: We have requested that OMB and their respective home mortgage SIGTARP Performance Review Board. waive eight days of its review period for loans that is necessary to determine this system of records. If OMB grants the whether, and to what extent, borrowers SUMMARY: Pursuant to 5 U.S.C. waiver, the system of records is effective qualify for loan modification assistance. 4314(c)(4), this notice announces the upon publication in the Federal The report of this new system of appointment of members of the Special Register; if OMB does not grant the records, as required by 5 U.S.C. 552a(r) Inspector General for the Troubled Asset waiver, we will implement the system of the Privacy Act, has been submitted Relief Program Performance Review on September 14, 2009. In any event, we to the Committee on Oversight and Board (PRB). The purpose of this Board will not disclose any information under Government Reform of the House of is to review and make recommendations a routine use until 32 days after Representatives, the Committee on concerning proposed performance publication. We may defer Homeland Security and Governmental appraisals, ratings, bonuses and other implementation of this system of Affairs of the Senate, and the Office of appropriate personnel actions for records or one or more of the routine Management and Budget, pursuant to incumbents of SES positions in use statements listed below if we Appendix I to OMB Circular A–130, SIGTARP. The Board will perform PRB receive comments that persuade us to ‘‘Federal Agency Responsibilities for functions for other bureau positions if defer implementation. Comments must Maintaining Records About requested. be received no later than September 4, Individuals,’’ dated November 30, 2000. Compostion of SIGTARP PRB: The 2009. The proposed new system of records, Board shall consist of at least three entitled ‘‘Home Affordable Modification members. In the case of an appraisal of ADDRESSES: Comments should be sent to Program—Treasury/DO .218,’’ is a career appointee, more than half the the Deputy Assistant Secretary Fiscal published in its entirety below. members shall consist of career Operations and Policy, Department of the Treasury, 1500 Pennsylvania Dated: July 28, 2009. appointees. The names and titles of the Melissa Hartman, Board members are as follows: Avenue, NW., Washington, DC 20220. The Department will make such Acting Deputy Assistant Secretary, Privacy Kevin Puvalowski, Deputy Special comments available for public and Treasury Records. Inspector General. inspection and copying in the TREASURY/DO .218 Dr. Eileen Ennis, Deputy Special Department’s Library, Room 1428, Main Inspector General, Operations. Treasury Building, 1500 Pennsylvania SYSTEM NAME: Barry Holman, Deputy Special Inspector Avenue, NW., Washington, DC 20220, Home Affordable Modification General, Audit. on official business days between the Program Records—Treasury/DO. Christopher Sharply, Deputy Special hours of 10 a.m. and 5 p.m. Eastern Inspector General, Investigations. Time. You can make an appointment to SYSTEM LOCATION: Brian Saddler, Chief Counsel to the inspect comments by telephoning (202) The Office of Financial Stability, Special Inspector General. 622–0990. All comments, including Department of the Treasury, DATES: Effective Date: Membership is attachments and other supporting Washington, DC. Other facilities that effective on the date of this notice. materials received are part of the public maintain this system of records are FOR FURTHER INFORMATION CONTACT: record and subject to public disclosure. located in Urbana, MD and at a backup Sally Ruble, Human Resources You should submit only information facility located in Reston, VA. Both Specialist, 1500 Pennsylvania Avenue, that you wish to make available facilities belong to the Federal National NW., Washington, DC 20220, publicly. Mortgage Association (‘‘Fannie Mae’’), Telephone: 202 927–9457. which has been designated as a FOR FURTHER INFORMATION CONTACT: Financial Agent for HAMP. Dated: July 24, 2009. Theodore R. Kowalsky, Manager, Data & Deborah Mason, Information Technology, Office of Fiscal CATEGORIES OF INDIVIDUALS COVERED BY THE Director, Human Resources, Operations & Financial Agents, Department of the SYSTEM: Division. Treasury, 1500 Pennsylvania Avenue, This system of records contains [FR Doc. E9–18200 Filed 7–31–09; 8:45 am] NW., Washington, DC 20220, 202–927– information about mortgage borrowers BILLING CODE M 9445 or at [email protected]. that is submitted to the Department or

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its Financial Agents by loan servicers including disclosures to opposing agency, if that agency has jurisdiction that participate in HAMP. Information counsel or witnesses in the course of over the subject matter of a complaint or collected pursuant to HAMP is subject civil discovery, litigation, or settlement inquiry, or the entity that is the subject to the Privacy Act only to the extent that negotiations, in response to a subpoena of the complaint or inquiry; where arguably relevant to a proceeding, it concerns individuals; information (13) Disclose information and pertaining to corporations and other or in connection with criminal law statistics to the Department of Housing business entities and organizations is proceedings; & Urban Development and the Federal not subject to the Privacy Act. (4) Provide information to a Congressional office in response to an Housing Finance Agency to improve the CATEGORIES OF RECORDS IN THE SYSTEM: inquiry made at the request of the quality of services provided under This system of records contains loan- individual to whom the record pertains; HAMP and to report on the program’s level information about individual (5) Provide information to third overall execution and progress, if such mortgage borrowers (including loan parties during the course of a agencies have jurisdiction over the records and financial records). Department investigation to the extent subject matter of a complaint or inquiry, Typically, these records include, but are necessary to obtain information or the entity that is the subject of the not limited to, the individual’s name, pertinent to that investigation; complaint or inquiry; Social Security Number, mailing (6) Disclose information to a (14) Disclose information to address, and monthly income, as well as consumer reporting agency to use in appropriate agencies, entities, and the location of the property subject to obtaining credit reports; the loan, property value information, (7) Disclose information to a debt persons when (a) The Department payment history, and type of mortgage. collection agency for use in debt suspects or has confirmed that the collection services; security or confidentiality of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (8) Disclose information to a Financial information in the system of records has Emergency Economic Stabilization Agent of the Department, its employees, been compromised; (b) the Department Act of 2008 (Pub. L. 110–343) (the agents, and contractors, or to a has determined that as a result of the ‘‘EESA’’). contractor of the Department, for the suspected or confirmed compromise PURPOSE(S): purpose of ensuring the efficient there is a risk of harm to economic or The purpose of this system of records administration of HAMP and property interests, identity theft or is to facilitate administration of HAMP compliance with relevant guidelines, fraud, or harm to the security or by the Department and its Financial agreements, directives and integrity of this system or other systems Agents, including by enabling them to requirements, and subject to the same or or programs (whether maintained by the (i) collect and utilize information equivalent limitations applicable to Department or another agency or entity) collected from mortgage loan servicers, Department’s officers and employees that rely upon the compromised including loan-level information about under the Privacy Act; information; and (c) the disclosure made (9) Disclose information originating or individual mortgage holders; and (ii) to such agencies, entities, and persons is derived from participating loan produce reports on the performance of reasonably necessary to assist in servicers back to the same loan servicers HAMP, such as reports that concern connection with the Department’s as needed, for the purposes of audit, loan modification eligibility and efforts to respond to the suspected or quality control, and reconciliation and ‘‘exception reports’’ that identify certain confirmed compromise and prevent, response to borrower requests about that issues that loan servicers may minimize, or remedy such harm. same borrower; experience with servicing loans. (10) Disclose information to Financial (15) Disclose information to the U.S. ROUTINE USES OF RECORDS MAINTAINED IN THE Agents, financial institutions, financial Department of Justice (‘‘DOJ’’) for its use SYSTEM, INCLUDING CATEGORIES OF USERS AND custodians, and contractors to (a) in providing legal advice to the THE PURPOSES OF SUCH USES: Process mortgage loan modification Department or in representing the These records may be used to: applications, including, but not limited Department in a proceeding before a (1) Disclose pertinent information to to, enrollment forms; (b) implement court, adjudicative body, or other appropriate Federal, State, local or programs relating to HAMP; (c) administrative body before which the foreign agencies responsible for investigate and correct erroneous Department is authorized to appear, investigating or prosecuting violations information submitted to the where the use of such information by of, or for enforcing or implementing, a Department or its Financial Agents; (d) the DOJ is deemed by the Department to statute, rule, regulation, order, or compile and review statistics to improve be relevant and necessary to the license, where the disclosing agency the quality of services provided under litigation, and such proceeding names becomes aware of an indication of a HAMP; or (e) develop, test and enhance as a party or interests: potential violation of civil or criminal computer systems used to administer law or regulation; HAMP; (a) The Department or any component (2) Disclose information to a Federal, (11) Disclose information to financial thereof, including the Office of State, or local agency, maintaining civil, institutions, including banks and credit Financial Stability (‘‘OFS’’); criminal or other relevant enforcement unions, for the purpose of disbursing (b) Any employee of the Department information or other pertinent payments and/or investigating the in his or her official capacity; information, which has requested accuracy of information required to (c) Any employee of the Department information relevant to or necessary to complete transactions pertaining to in his or her individual capacity where the requesting agency’s or the bureau’s HAMP and for administrative purposes, DOJ has agreed to represent the hiring or retention of an individual, or such as resolving questions about a employee; or issuance of a security clearance, license, transaction; contract, grant, or other benefit; (12) Disclose information to the (d) The United States, where the (3) Disclose information to a court, appropriate Federal financial regulator Department determines that litigation is magistrate, or administrative tribunal in or State financial regulator, or to the likely to affect the Department or any of the course of presenting evidence, appropriate Consumer Protection its components, including OFS.

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POLICIES AND PRACTICES FOR STORING, (vii) utilizing antivirus and intrusion the Treasury, 1500 Pennsylvania RETRIEVING, ACCESSING, RETAINING AND detection software; (viii) performing risk Avenue, NW., Washington, DC 20220. DISPOSING OF RECORDS IN THE SYSTEM: and controls assessments and STORAGE: mitigation, including production NOTIFICATION PROCEDURE: Information contained in the system readiness reviews; (ix) establishing Individuals wishing to be notified if of records is stored in a transactional security event response teams; and (x) they are named in this system of database and an operational data store. establishing technical and physical records, to gain access to records Information from the system will also be access controls, such as role-based maintained in this system, or to amend captured in hard-copy form and stored access management and firewalls. or correct information maintained in in filing cabinets managed by personnel Loan servicers that participate in this system, must submit a written working on HAMP. HAMP (i) have agreed in writing that request to do so in accordance with the the information they provide to procedures set forth in 31 CFR §§ 1.26– RETRIEVABILITY: Treasury or to its Financial Agents is .27. Address such requests to: Director, Information about individuals may be accurate, and (ii) have submitted a Disclosure Services Director, Disclosure retrieved from the system by reference ‘‘click through’’ agreement on a Web site Services, Department of the Treasury, including the mortgage borrower’s requiring the loan servicer to provide 1500 Pennsylvania Ave., NW., name, Social Security Number, address, accurate information in connection with Washington, DC 20220. or loan number. using the Program Web site. In addition, SAFEGUARDS: the Treasury’s Financial Agents will RECORD ACCESS PROCEDURES: Safeguards designed to protect conduct loan servicer compliance See ‘‘Notification Procedure’’ above. information contained in the system reviews to validate data collection against unauthorized disclosure and controls, procedures, and records. CONTESTING RECORD PROCEDURE: access include, but are not limited to: (i) RETENTION AND DISPOSAL: See ‘‘Notification Procedure’’ above. Department and Financial Agent Information is retained in the system policies and procedures governing on back-up tapes or in hard-copy form RECORD SOURCE CATEGORIES: privacy, information security, for seven years, except to the extent that Information about mortgage borrowers operational risk management, and either (i) the information is subject to a contained in the system of records is change management; (ii) requiring litigation hold or other legal retention obtained from loan servicers who Financial Agent employees to adhere to obligation, in which case the data is participate in HAMP or developed by a code of conduct concerning the retained as mandated by the relevant the Treasury and its Financial Agents in aforementioned policies and legal requirements, (ii) or the Treasury connection with HAMP. Information is procedures; (iii) conducting background and its financial agents need the not obtained directly from individual on all personnel with access to the information to carry out the Program. mortgage borrowers to whom the system of records; (iv) training relevant Destruction is carried out by degaussing information pertains. personnel on privacy and information according to industry standards. Hard security; (v) tracking and reporting copy records are shredded and recycled. EXEMPTIONS CLAIMED FOR THE SYSTEM: incidents of suspected or confirmed None. breaches of information concerning SYSTEM MANAGER(S) AND ADDRESS(ES): borrowers; (vi) establishing physical and Deputy Assistant Secretary, Fiscal [FR Doc. E9–18454 Filed 7–31–09; 8:45 am] technical perimeter security safeguards; Operations and Policy, Department of BILLING CODE 4810–25–P

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Part II

Department of Labor Office of Labor-Management Standards

29 CFR Part 471 Notification of Employee Rights Under Federal Labor Laws; Proposed Rule

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DEPARTMENT OF LABOR ADDRESSES: You may submit comments, Employment Standards Administration, identified by 1215–AB70, only by the U.S. Department of Labor, 200 Office of Labor-Management following methods: Constitution Avenue, NW., Room N– Standards Internet—Federal eRulemaking Portal. 5609, Washington, DC 20210, (202) 693– Electronic comments may be submitted 1185 (this is not a toll-free number), 29 CFR Part 471 through http://www.regulations.gov. To (800) 877–8339 (TTY/TDD). locate the proposed rule, use key words RIN 1215–AB70 SUPPLEMENTARY INFORMATION: such as ‘‘Department of Labor’’ or The Proposed Rule is organized as follows: Notification of Employee Rights Under ‘‘Notification of Employee Rights Under Federal Labor Laws Federal Labor Laws’’ to search I. Background—provides a brief description documents accepting comments. Follow of the development of the Proposed Rule AGENCY: Office of Labor-Management the instructions for submitting II. Authority—cites the legal authority Standards, Employment Standards comments. supporting the Proposed Rule, Administration, Department of Labor. Delivery: Comments should be sent to: Departmental re-delegation authority, and interagency coordination authority ACTION: Notice of proposed rulemaking; Denise M. Boucher, Director of the request for comments. III. Overview of the Rule—outlines the Office of Policy, Reports and Disclosure, proposed regulatory text SUMMARY: This Notice of Proposed Office of Labor-Management Standards, IV. Regulatory Procedures—sets forth the Rulemaking (NPRM) proposes a U.S. Department of Labor, 200 applicable regulatory requirements and regulation to implement Executive Constitution Avenue, NW., Room N– requests comments on specific issues 5609, Washington, DC 20210. Because Order 13496, which was signed by I. Background President Barack Obama on January 30, of security precautions the Department 2009. Executive Order 13496 (‘‘the continues to experience delays in U.S. On January 30, 2009, President Barack Executive Order,’’ ‘‘the Order,’’ or ‘‘EO mail delivery. You should take this into Obama signed Executive Order 13496, 13496’’) requires nonexempt Federal consideration when preparing to meet entitled ‘‘Notification of Employee departments and agencies to include the deadline for submitting comments. Rights Under Federal Labor Laws.’’ 74 within their Government contracts The Office of Labor-Management FR 6107 (February 4, 2009). The specific provisions requiring that Standards (OLMS) recommends that purpose of the Order is ‘‘to promote contractors and subcontractors with you confirm receipt of your delivered economy and efficiency in Government whom they do business post notices comments by contacting (202) 693–0123 procurement’’ by ensuring that informing their employees of their rights (this is not a toll-free number). employees of certain Government as employees under Federal labor laws. Individuals with hearing impairments contractors are informed of their rights The Executive Order requires the may call (800) 877–8339 (TTY/TDD). under Federal labor laws. Id., Sec. 1. As Secretary (‘‘Secretary’’) of the Only those comments submitted the Order states, ‘‘When the Federal Department of Labor (‘‘Department’’) to through http://www.regulations.gov, Government contracts for goods or initiate a rulemaking to prescribe the hand-delivered, or mailed will be services, it has a proprietary interest in size, form, and content of the notice that accepted. Comments will be available ensuring that those contracts will be must be posted by a contractor under for public inspection at http:// performed by contractors whose work paragraph 1 of the contract clause www.regulations.gov and during normal will not be interrupted by labor unrest. described in section 2 of the Order. business hours at the above address. The attainment of industrial peace is Under the Executive Order, Federal The Department will post all most easily achieved and workers’ Government contracting departments comments received on http:// productivity is enhanced when workers and agencies must include the required www.regulations.gov without making are well informed of their rights under contract provisions in every any change to the comments, including Federal labor laws, including the Government contract, except for any personal information provided. The National Labor Relations Act (Act), 29 collective bargaining agreements and http://www.regulations.gov Web site is U.S.C. 151 et seq.’’ The Order reiterates contracts for purchases under the the Federal e-rulemaking portal and all the declaration of national labor policy Simplified Acquisition Threshold, and comments posted there are available contained in the National Labor except in those cases in which the and accessible to the public. The Relations Act (‘‘NLRA’’), 29 U.S.C. 151, Secretary exempts a contracting Department cautions commenters not to that ‘‘encouraging the practice and department or agency with respect to include their personal information such procedure of collective bargaining and particular contracts or subcontracts or as Social Security numbers, personal * * * protecting the exercise by class of contracts or subcontracts addresses, telephone numbers, and workers of full freedom of association, pursuant to section 4 of the Order. As e-mail addresses in their comments as self-organization, and designation of required by the Executive Order, this such submitted information will become representatives of their own choosing, proposed rule establishes the content of viewable by the public via the http:// for the purpose of negotiating the terms the notice required by the Executive www.regulations.gov Web site. It is the and conditions of their employment or Order’s contract clause, and implements responsibility of the commenter to other mutual aid or protection’’ will other provisions of the Executive Order, safeguard his or her information. ‘‘eliminate the causes of certain including provisions regarding Comments submitted through http:// substantial obstructions to the free flow sanctions, penalties, and remedies that www.regulations.gov will not include of commerce’’ and ‘‘mitigate and may be imposed if the contractor or the commenter’s e-mail address unless eliminate these obstructions when they subcontractor fails to comply with its the commenter chooses to include that have occurred.’’ Id., Section 1, quoting obligations under the Order and the information as part of his or her 29 U.S.C. 151. As the Order concludes, implementing regulations. comment. ‘‘[r]elying on contractors whose DATES: Comments regarding this FOR FURTHER INFORMATION CONTACT: employees are informed of such rights proposed rule must be received by the Denise M. Boucher, Director, Office of under Federal labor laws facilitates the Department of Labor on or before Policy, Reports and Disclosure, Office of efficient and economical completion of September 2, 2009. Labor-Management Standards, the Federal Government’s contracts.’’ Id.

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The Order achieves the goal of authorizes the President to ‘‘prescribe that a contractor must post to its notification to employees of federal policies and directives that [he] employees, the types of contracts that contractors of their legal rights through considers necessary to carry out’’ the are excepted from the rule and two related mechanisms. First, Section statutory purposes of ensuring applicable exemptions available to a 2 of the Order provides the complete ‘‘economical and efficient’’ government contracting department or agency with text of a contract clause that procurement and supply. 40 U.S.C. 101, respect to a particular contract or Government contracting departments 121(a). Executive Order 13496 delegates subcontract or class of contracts or and agencies must include in all to the Secretary of Labor the authority subcontracts. to ‘‘adopt such rules and regulations covered Government contracts and Definitions subcontracts. 74 FR at 6107–6108, Sec. and issue such orders as are necessary 2. Second, through incorporation of the and appropriate to achieve the purposes The definitions proposed in this rule specified clause in its contracts with the of this order.’’ 74 FR at 6108, Sec. 3. The are derived largely from the definitions Federal government, contractors thereby Secretary has delegated her authority to of the same terms in the Department’s agree to post a notice in conspicuous promulgate these regulations to the Office of Federal Contract Compliance places in their plants and offices Assistant Secretary for Employment Programs (OFCCP) regulations at 41 CFR informing employees of their rights Standards. Secretary’s Order 01–2008 part 60–1.3 and the former regulations under Federal labor laws. Id., Sec. 2, (May 30, 2008), 73 FR 32424 (published implementing Executive Order 13201, Para. 1. June 6, 2008). 29 CFR Part 470 (2008), rescinded under authority of E.O. 13496, 74 FR 14045 The Order states that the Secretary of B. Interagency Coordination Labor (‘‘Secretary’’) ‘‘shall be (March 30, 2009). Slight variations responsible for [its] administration and Section 12 of the Executive Order between the definitions proposed here enforcement.’’ 74 FR at 6108, Sec. 3. To requires the Federal Acquisition and those upon which they were that end, the Order delegates to the Regulatory Council (FAR Council) to modeled were made in order to Secretary the authority to ‘‘adopt such take action to implement provisions of accommodate the terms to Executive rules and regulations and issue such the Order in the Federal Acquisition Order 13946. The Department invites orders as are necessary and appropriate Regulation (FAR). 74 FR at 6110. comments regarding the definitions to achieve the purposes of this order.’’ Accordingly, the Department has proposed in Section 471.1 below. Id., Sec. 3(a). In particular, the Order coordinated with the FAR Council in Requirements for Employee Notice requires the Secretary to prescribe the inserting language implementing the Executive Order into the FAR. As noted above, Executive Order content, size, and form of the employee 13496 requires the Secretary to notice. Id., Sec. 3(b). In addition, the III. Overview of the Rule ‘‘prescribe the size, form and content of Order permits the Secretary, among The Department’s proposed rule, the notice’’ that contractors must post to other things, to make modifications to which establishes standards and notify employees of their rights. Sec. the contractual provisions required to be procedures for implementing and 3(b), E.O. 13496, 74 FR at 6108. The included in Government contracts (Sec. enforcing Executive Order 13496, is set proposed rule fulfills the Secretary’s 3(c)); to provide exemptions for forth in subchapter D, Part 471 of obligation to establish standards and contracting departments or agencies Volume 29 of the Code of Federal procedures regarding each of these with respect to particular contracts or Regulations (CFR). Subpart A of the issues, which are discussed in turn subcontracts or class of contracts or proposed rule sets out definitions, the below. subcontracts for certain specified prescribed requirements for the size, Section 471.2(a) of the proposed rule reasons (Sec. 4); to establish procedures form and content of the employee sets out in full the four paragraphs that for investigations of Government notice, exceptions for certain types of the Executive Order requires to be contractors and subcontractors to contracts, and exemptions that may be included in all non-excepted determine whether the required contract applicable to contracting departments Government contracts. The first provisions have been violated (Sec. 5); and agencies with respect to a particular paragraph of the proposed contract to conduct hearings regarding contract or subcontract or class of clause specifies the content of the notice compliance (Sec. 6); and to provide for contracts or subcontracts. Subpart B of that must be provided to employees of certain remedies in the event that the proposed rule sets out standards and Federal contractors. The proposed violations are found (Sec. 7). Id., 74 FR procedures related to complaint notice contains those employee rights at 6108–6109. Accordingly, the procedures, compliance evaluations, established under the National Labor Secretary proposes the following and enforcement of the rule. Subpart C Relations Act (‘‘NLRA’’), 29 U.S.C. 151, regulations to implement the policies sets out other standards and procedures et seq. The Secretary believes providing and procedures set forth in the related to certain ancillary matters. The notice of the rights under the NLRA Executive Order. The specific standards discussion below is organized in the bests effectuates the purpose of the and procedures proposed to implement same manner, and explains the Executive Order. Section 1 of the the Executive Order will be discussed in Department’s adoption of the standards Executive Order clearly states that the detail in Section III., Overview of the and procedures set out in the regulatory Order’s policy is to attain industrial Rule, below. text, which follows. The Department peace and enhance worker productivity II. Authority invites comments on any issues through the notification of workers of addressed by the proposals in this ‘‘their rights under Federal labor laws, A. Legal Authority rulemaking. including the National Labor Relations The President issued Executive Order Act.’’ 74 FR at 6107, Sec. 1. The policy 13496 pursuant to his authority under Subpart A—Definitions, Requirements of the Executive Order goes on to ‘‘the Constitution and laws of the for Employee Notice, and Exceptions emphasize the foundation underlying United States,’’ expressly including the and Exemptions the NLRA, which is to encourage Federal Property and Administrative Subpart A contains definitions of collective bargaining and to protect Services Act ‘‘Procurement Act,’’ 40 terms used in the rule, requirements for workers’ rights to freedom of association U.S.C. 101 et seq. The Procurement Act the content, size and form of the notice and self-organization, and notes that

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efficiency and economy in government purpose of collective bargaining or other rights under the Act and limiting contracting is promoted when mutual aid or protection, and shall also have unnecessary and distracting contractors inform their employees of the right to refrain from any or all such information. ‘‘such rights.’’ Further, the contract activities * * *. Moreover, proposed § 471.2 also clause prescribed by the Order requires 29 U.S.C. 157. The Department requires that the notice of employee Federal contractors to post the notice considered requiring a verbatim rights contain NLRB contact information ‘‘in conspicuous places in and about replication of the statute’s enumeration and basic enforcement procedures to plants and offices where employees of employee rights in Section 7 of the enable employees to find out more covered by the National Labor Relations NLRA. Alternatively, the Department about their rights under the Act and to Act engage in activities related to considered including a simplified list of proceed with enforcement if necessary. performance of the contract * * *.’’ 74 rights based upon the statutory Accordingly, the required notice FR at 6107, Sec. 2, Para. 1 (emphasis provision, which would include the confirms that illegal conduct will not be added). As a result, the Executive right of employees to: Organize; form, permitted, provides information Order’s terms provide that the employee join, or assist any union; bargain regarding the NLRB and filing a charge notice it requires must be posted only collectively through representatives of with that agency, and indicates that the by employers in the private sector, with their own choice; act together for other Board will prosecute violators of the some statutory exceptions, and need not mutual aid or protection; or choose not Act. Furthermore, the notice indicates be posted by employers in the public to engage in any of these protected that there is a 6-month statute of sector.1 concerted activities. limitations applicable to making In establishing a description of rights However, the Department does not allegations of violations and provides under the NLRA in the proposed notice, believe that posting the statutory NLRB contact information for use by the Department believes that such rights language itself or a simplified list of employees. The Department invites are best presented to employees rights in a notice will be likely to suggested additions or deletions to these following a concise preamble that convey the information necessary to procedural provisions that would provides context to such rights. best inform employees of their rights improve the content of the notice of Therefore, section 471.2 of the proposed under the Act. Instead, the Department employee rights. rule sets out the following text for proposes that the statement of employee Paragraph 4 of the contract clause in inclusion in the notice to employees rights contained in Appendix A to the Executive Order requires the prior to the description of employee Subpart A of Part 471 be required for contractor to incorporate only rights under the NLRA: inclusion in the notice. This statement paragraphs 1 through 3 of the clause in contains greater detail of NLRA rights, its subcontracts. See 74 FR at 6108, Sec. It is the policy of the United States to derived from Board or court decisions 2, para. 4. A narrow reading of the encourage collective bargaining and protect implementing such rights—which will operation of this provision outside the the exercise by workers of full freedom of association, self-organization, and more effectively convey such rights to full context of the Executive Order designation of representatives of their own employees. A more complete and might suggest that the obligation to choosing, for the purpose of negotiating the readable text will also better enable include the contract clause is limited to terms and conditions of their employment or employees to apply the rights to actual contracts between the government other mutual aid and protection. workplace situations. Additionally, agency and the prime contractor. Under The content of the above notice employees will be better apprised of this reading, subcontractors would be derives from section 1 of the NLRA, 29 their rights under the NLRA if the notice required only to post the notice of U.S.C. 151, and E.O. 13496, Section 1. also contains examples of general employee rights, and their The Department seeks comments on this circumstances, also derived from Board subcontractors (sometimes called description of policy in the proposed or court decisions further implementing second tier contractors) would have no section 471.2. section 7 and other provisions of the responsibilities under the Executive In proposing to include the statutory NLRA, that constitute violations of their Order. However, the provisions of the rights under the NLRA in the required rights under the Act. With the above Executive Order establishing notice, the Secretary considered the principles in mind, the Department exemptions and exceptions for the level of detail the notice should contain devised a notice that provides application of the Executive Order’s regarding those statutory rights. A broad employees with a more than obligations do not expressly specify that statement of employee rights under the rudimentary overview of their rights its obligations do not flow past the first NLRA appears in section 7 of the Act, under the NLRA, in a user-friendly tier subcontractor, a significant which states: format, while simultaneously not limitation that one would expect to be overwhelming employees with made explicitly in the text of the Employees shall have the right to self- information that is unnecessary and Executive Order rather than by organization, to form, join, or assist labor distracting in the limited format of a operation of the contract clause’s organizations, to bargain collectively through notice. incorporation provision. In addition, in representatives of their own choosing, and to The Department invites comment on engage in other concerted activities for the the Department’s past regulatory this statement of employee rights treatment of a similar issue, it has 1 Under the NLRA, the term ‘‘employer’’ excludes proposed for inclusion on the required adapted through regulation the the United States government, any wholly owned notice to employees. In particular, the application of an Executive Order’s government corporation, or any State or political Department requests comment on contract inclusion provisions so that the subdivision. 29 U.S.C. 152(2). As a result, whether the notice contains sufficient obligation to abide by the mandates of employees of these public-sector employers are not ‘‘employees’’ covered by the NLRA. The NLRA’s information of employee rights under the orders flows to subcontractors below definition of ‘‘employee’’ also excludes those the Act; whether the notice effectively the first tier. See, e.g., 69 FR 16376, employed as agricultural laborers, in the domestic conveys the information necessary to 16378 (Mar. 29, 2004) (final rule service of any person or family in a home, by a best inform employees of their rights implementing E.O. 13201) (based on parent or spouse, as an independent contractor, as a supervisor, or by an employer subject to the under the Act; and whether the notice identical contract incorporation Railway Labor Act, such as railroads and airlines. achieves the desired balance between provision, ‘‘the intent of the Order was 29 U.S.C. 152(3). providing an overview of employee clearly that the clause be passed to

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subcontractors below the first tier’’); 57 exact duplicate the poster supplied by the employee notice contract clause in FR 49588, 49591 (Nov. 2, 1992) (final the Department to satisfy their each of their nonexempt subcontracts so rule implementing E.O. 12800) (‘‘It is obligations under the Executive Order that the obligation to notify employees clear, however, that the intent of and this rule. The Department invites of their rights flows to subcontractors of Executive Order 12800 was that the comment on its proposal to make a government contract as well. The clause flow down below the first tier available print and electronic format Executive Order does not except from level’’). The Department’s experience posters containing the employee notice. its coverage subcontracts involving with regulatory implementation of all Those contractors that customarily purchases below the simplified these Executive Orders is that requiring post notices to employees electronically acquisition threshold. The Department the obligations of the Executive Order to must also post the required notice has defined ‘‘subcontract’’ in the flow past the first tier subcontractor best electronically. In § 471.2(e), the definitional section of the rule to achieves the purposes of the Executive Department proposes that such include only those subcontracts that are Orders. For these reasons, the contractors may satisfy the electronic necessary to the performance of the Department has concluded that in order posting requirement on any web site government contract. See § 471.1(r); see to fully implement the intent of E.O. that is maintained by the contractor or also OFCCP v. Monongahela R.R., 85– 13496, Sec. 471.2(a) has been adapted to subcontractor and customarily used for OFC–2, 1986 WL 802025 require the inclusion of paragraphs 1 employee notices, whether external or (Recommended Decision and Order, through 4 of the contract clause. The internal. A contractor must display April 2, 1986), aff’d, (Deputy Under Department seeks comments on this prominently on its Web page or Secretary’s Final Decision and Order, proposal. electronic site where other employee Mar. 11, 1987) (railroad transporting Proposed § 471.2(b) provides that the notices are customarily placed a link to coal to power generation plant of energy employee notice clause is to be set out the DOL’s web page that contains the company contracting with GSA was verbatim in a contract, subcontract or full text of the employee notice. The subcontractor because delivery of coal is purchase order, rather than being contractor must also place the link in necessary to for the power company to incorporated by reference in those the prescribed text contained in perform under its contract with GSA). documents. Proposed § 471.2(c) § 471.2(e). The prescribed text is the Although this rule may result in implements Section 3(c) of the introductory language of the notice. The coverage of subcontracts with relatively Executive Order, 74 FR 6108, permitting Department seeks comments on this de minimis value in the overall scheme the Secretary to modify the contract proposal for electronic compliance. In of government contracts, covered clause under certain specified addition, the Department seeks subcontractors include only those who circumstances as needed from time to comment on whether it should prescribe are performing subcontracts that are time. The Department requests comment standards regarding the size, clarity, necessary to the performance of the regarding the utility of setting out the location, and brightness with regard to prime contract. The Department invites employee notice clause verbatim, as the link, including how to prescribe comment on whether a further opposed to incorporation by reference, electronic postings that are at least as limitation on the application of the rule to ensure that contractors will be aware large, clear and conspicuous as the to subcontracts is necessary, and if it is, of their contractual obligation to post contractor’s other posters. whether such a limitation is best the required notice. accomplished through the application of The contract clause in the Executive Exceptions for Specific Types of this or another standard, for instance, a Order requires a contractor to post the Contracts and Exemptions Available to threshold related to the monetary value employee notice conspicuously ‘‘in and Contracting Departments or Agencies of the subcontract. about its plants and offices * * * With Respect to Particular Contractors including in all places where notices to or Subcontracts In addition to the exceptions for employees are customarily posted both The Executive Order expressly certain contracts, the Executive Order physically and electronically.’’ 74 FR excepts from its application two types of establishes two exemptions that the 6107, Sec. 2, para. 2. As a result, a Government contracts: Collective Secretary, in her discretion, may contractor is required to post the notice bargaining agreements as defined in 5 provide to contracting departments or physically at its place of operation U.S.C. 7103(a)(8) and contracts agencies that the Secretary finds where employees are likely to see it. involving purchases below the appropriate for exemption. 74 FR 6108, Proposed § 471.2(d) provides that the simplified acquisition threshold as Sec. 4. These provisions permit the Department will print the required defined in the Office of Federal Secretary to exempt a contracting employee notice poster and supply it to Procurement Policy Act, 41 U.S.C. 403; department or agency or group of Federal contractors through the Federal 74 FR at 6107, Sec. 2. The simplified departments or agencies from the contracting agency. In addition, the acquisition threshold is currently set at requirements of any or all of the poster may be obtained from OLMS, $100,000. 41 U.S.C. 403. Section provisions of the Order with respect to whose contact information is provided 471.3(a)(1) and (2) of the proposed rule a particular contract or subcontract or in this subsection of the proposed rule, implement these exceptions. In any class of contracts or subcontracts if or can be downloaded from OLMS’s addition, the Executive Order’s she finds either that the application of Web site, http://www.olms.dol.gov. The provision regarding its effective date any of the requirements of the Order Secretary has concluded that the excepts contracts resulting from would not serve its purposes or would Department’s printing of the poster and solicitations issued prior to the effective impair the ability of the government to provision of it to Federal contractors date of the final rule promulgated procure goods or services on an will reduce the burden on those pursuant to this rulemaking. 74 FR economical and efficient basis, or that contractors to comply with the 6111, Sec. 16. Proposed § 471.3(a)(3) special circumstances require an Executive Order and this regulation, and implements this provision of the exemption in order to serve the national will ensure conformity and consistency Executive Order. interest. Id. Proposed § 471.3(b) with the Secretary’s specifications for As proposed in § 471.2(a), all implements these exemptions. Proposed the notice. Proposed § 471.2(d) also nonexempt prime contractors and § 471.3(b) provides for the submission of permits contractors to reproduce in subcontractors are required to include written requests for exemptions to the

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Deputy Assistant Secretary for Labor- responsibility for monitoring, evaluating compliance, OLMS may proceed with Management Programs, and further and ensuring that contractors doing enforcement efforts proposed in provides that the Deputy Assistant business with the Federal government § 471.13. Secretary may withdraw an exemption conduct themselves in a manner that Proposed § 471.13 implements if a determination is made that such complies with certain Federal laws. Section 6 of the Executive Order, 74 FR action is necessary or appropriate to Proposed § 471.10 builds on this 6108–6109, and establishes steps that achieve the purposes of the rule. The practice and expertise, and establishes the Department will take in the event Department invites comments on the authority in the Deputy Assistant that conciliation efforts fail to bring a standards and procedures for requesting Secretary for Federal Contract contractor into compliance with this an exemption and the Department’s Compliance to conduct evaluations to rule. Under this proposed section, withdrawal of a granted exemption. determine whether a contractor is in enforcement proceedings may be Finally, proposed § 471.4 implements compliance with the requirements of initiated if violations are found as a the policy noted above that the this rule. Under proposed § 471.10(a), result of either a compliance evaluation Executive Order requires notice-posting such evaluations may be done solely for or a complaint investigation, or in those in those workplaces in which the purpose of assessing compliance cases in which a contractor refuses to employees covered by the NLRA with this rule, or may be undertaken in allow a compliance evaluation or perform their work under the Federal conjunction with an assessment of a complaint investigation or refuses to contract. Thus, this rule does not apply Federal contractors’ compliance with cooperate with the compliance to employers excluded from the other laws under OFCCP’s jurisdiction. evaluation or complaint investigation, definition of ‘‘employer’’ in the NLRA, This proposed section also establishes including failing to provide information 29 U.S.C. 152(2), and employers of standards regarding location of the sought during those procedures. The employees excluded from the definition posted notice that will be used by enforcement procedures proposed in of ‘‘employee’’ under the NLRA, 29 OFCCP to assess compliance and § 471.13 rely primarily on the U.S.C. 152(3). As a result, Federal, State indicates that an evaluation record will Department’s regulations at 29 CFR part and local public-sector employers are reflect efforts made toward conciliation, 18, which govern administrative not covered by this rule. 29 U.S.C. corrective action and/or hearings before Administrative Law 152(2). Also excluded are employers of recommendations regarding Judges (ALJ), and, in particular, on the workers employed: as agricultural enforcement actions. provisions for expedited hearings at 29 laborers; in the domestic service of any Proposed § 471.11 provides for the CFR 18.42. The procedures in this person or family in a home; by a parent Department’s acceptance of written proposed section establish that an ALJ or spouse; as an independent contractor; complaints alleging that a contractor will make recommended findings and as a supervisor; or by an employer doing business with the Federal conclusions regarding any alleged subject to the Railway Labor Act, such government has failed to post the notice violation to the Assistant Secretary for as railroads and airlines. 29 U.S.C. required by this rule. The proposed Employment Standards (‘‘Assistant 152(3). section establishes that no special Secretary’’), who will issue a final complaint form is required, but that administrative order. The final Subpart B—General Enforcement; complaints must be in writing. In administrative order may include a Compliance Review and Complaint addition, as proposed in § 471.11, cease-and-desist order or other Procedures written complaints must contain certain appropriate remedies in the event that a Subpart B of the proposed rule information, including the name, violation is found. The procedures in establishes standards and procedures address and telephone number of the this proposed section also establish the Department will use to determine person submitting the complaint, and timetables for submitting exceptions to compliance with obligations of the rule, the name and address of the Federal the ALJ’s recommended order to the take complaints regarding contractor alleged to have violated this Assistant Secretary, and also provide for noncompliance, address findings of rule. This proposed section establishes the use of expedited proceedings. violations, provide hearings for certain that written complaints may be Proposed § 471.14 addresses the matters, impose sanctions, including submitted either to OFCCP or OLMS, imposition of sanctions and penalties in debarment, and provide for and the contact information for each cases in which violations are found, and reinstatement in the case of debarment. agency is contained in this subsection. establishes post-hearing procedures The standards and procedures proposed Finally, proposed § 471.11 establishes related to such sanctions or penalties. in this subpart are taken largely from the that OFCCP will conduct investigations Section 7 of the Executive Order Department’s prior rule administering of complaints submitted under this provides the framework for the scope and enforcing Executive Order 13201, section, make compliance findings and nature of remedies the Department 66 FR 11221 (February 22, 2001). See 29 based on such investigations, and may order in the event of a violation. 74 CFR Part 470 (2008), rescinded under include in the investigation record any FR 6109. Section 7(a) of the Executive authority of E.O. 13496, 74 FR 14045 efforts made toward conciliation, Order provides that the Secretary may (March 30, 2009). The Department corrective action, and recommended issue a directive that the contracting invites comment on the administrative enforcement action, department or agency cancel, terminate, and enforcement procedures proposed Proposed § 471.12 sets out the initial suspend, or cause to be cancelled, in Subpart B. steps that the Department will take in terminated or suspended any contract or The Department’s Office of Federal the event that a contractor is found to portion of a contract for noncompliance. Contract Compliance Programs be in violation of this rule, including Id. In addition, the Executive Order (‘‘OFCCP’’) administers and enforces making reasonable efforts to secure indicates that contracts may be several laws that ban discrimination and compliance through conciliation. Under cancelled, terminated or suspended require Federal contractors and this proposed section, a noncompliant absolutely, or their continuance may be subcontractors to take affirmative action contractor must take action to correct conditioned on a requirement for future to ensure that all individuals have an the violation and commit in writing to compliance. Id. Prior to issuing such a equal opportunity for employment. maintain compliance in the future. If the directive, the Secretary must offer the Therefore, OFCCP already has contractor fails to come into head of the contracting department or

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agency an opportunity to object in requires the contractor to ‘‘take such outside the Department. Section 471.21 writing to the remedy contemplated, action with respect to any such of the proposed rule indicates that the and the objections must contain reasons subcontract as may be directed by the Assistant Secretary has authority to why the contract is essential to the Secretary of Labor as a means of make rulings under or interpretations of agency’s mission. Id. Finally, Section 7 enforcing such provisions, including this rule. Proposed § 471.22 seeks to of the Executive Order prevents the sanctions for noncompliance.’’ 74 FR prevent intimidation or interference imposition of such a remedy if the head 6108, Sec. 2, para. 4. Accordingly, in the with rights protected under this rule, so of the contracting department or agency, event that the Department determines it proposes that the sanctions and or his or her designee, continues to that a subcontractor is out of penalties available for noncompliance object to the issuance of the directive. compliance with the requirements of set out in § 471.14 be available should Id. Proposed § 471.14(a), (b), (c), and this rule regarding employee notice or a contractor or subcontractor fail to take (d)(1) fully implement the standards and inclusion of the contract clause in the all steps necessary to prevent such procedures established in Section 7(a) of subcontractor’s own subcontracts, the intimidation or interference. Activities the Executive Order. Secretary may direct the contractor to protected by this proposed section Section 7(b) of the Executive Order require the noncompliant subcontractor include filing a complaint, furnishing provides that the Secretary may issue an to come into compliance. As indicated information, or assisting or participating order debarring noncompliant in the Executive Order, if such a in any manner in a compliance contractors ‘‘until such contractor has directive causes the contractor to evaluation, a complaint investigation, satisfied the Secretary that such become involved in litigation with the hearing or any other activity related to contractor has complied with and will subcontractor, the contractor may the administration and enforcement of carry out the provisions of the order.’’ request the United States to enter the this rule. Finally, proposed § 471.23 74 FR 6109. As with the remedies litigation in order to protect the interests implements Section 9 of the Executive discussed above, prior to the imposition of the United States. 74 FR 6108, Sec. Order, 74 FR 6109, which requires that of debarment, the Secretary must offer 2, para. 4. If the contractor is unable to contracting departments and agencies the head of the contracting department compel subcontractor compliance on its cooperate with the Secretary in carrying or agency an opportunity to object in own accord, the compliance review, out her functions under the Order, and writing to debarment, and the objections complaint, investigation, conciliation, implements Section 15 of the Executive must contain reasons why the contract hearing and decision procedures Order, 74 FR 6110, which establishes is essential to the agency’s mission. Id. established in Sections 471.10 through general guidelines for the Order’s Finally, Section 7(b) of the Executive 471.16 to assess and resolve contractor implementation. Order prevents the imposition of compliance with the requirements of debarment if the head of the contracting this rule are also applicable to IV. Regulatory Procedures department or agency, or his or her subcontractors. In those instances in Executive Order 12866 designee, continues to object to it. Id. which a contractor fails to take the This proposed rule has been drafted Proposed § 471.14(d)(3) of the rule action directed by the Secretary and reviewed in accordance with establishes the availability of the regarding a subcontractor’s debarment remedy. Section 471.14(f) of noncompliance, the contractor may be Executive Order 12866, section 1(b), the proposed rule indicates that the subject to the same enforcement and Principles of Regulation. 58 FR 51735, Assistant Secretary will periodically remedial procedures that apply when it 51735–51736. The Department has publish and distribute the names of is determined to be out of compliance determined that this rule is not an contractors or subcontractors that have regarding the requirements to provide ‘‘economically significant’’ regulatory been debarred for noncompliance. employee notice or include the contract action under section 3(f)(1) of Executive Proposed § 471.15 permits a clause in its contracts. See Order 12866. 58 FR 51738. Based on the contractor or subcontractor to seek a § 471.13(a)(1). Department’s analysis, including a cost hearing before the Assistant Secretary impact analysis set forth more fully before the imposition of any of the Subpart C—Ancillary Matters below with regard to the Regulatory remedies outlined above. Finally, A number of discrete issues Flexibility Act, 5 U.S.C. 601 et seq., this proposed § 471.16 provides contractors unconnected to the issues addressed in rule is not likely to: (1) Have an annual or subcontractors that have been the two previous subparts merit effect on the economy of $100 million debarred under this rule an opportunity attention in this proposed rule, and they or more or adversely affect in a material to seek reinstatement by requesting such are set out in this subpart. way the economy, a sector of the in a letter to the Assistant Secretary. Consequently, this Subpart addresses economy, productivity, competition, Under this proposed provision, the delegations of authority within and jobs, the environment, public health or Assistant Secretary may reinstate the outside the Department to administer safety, or state, local, or tribal debarred contractor or subcontractor if and enforce this proposed rule, rulings governments or communities; (2) create he or she finds that the contractor or under or interpretations of the Executive a serious inconsistency or otherwise subcontractor has come into compliance Order, standards prohibiting interfere with an action taken or with this rule and has shown that it will intimidation, threats, coercion or other planned by another agency; (3) fully comply in the future. interference with rights protected under materially alter the budgetary impact of As noted above, § 471.2(a) requires all this rule, and other provisions of the entitlements, grants, user fees, or loan nonexempt prime contractors and Executive Order that are included in programs or the rights and obligations of subcontractors to include the employee this proposed rule. The Department recipients thereof, or (4) raise novel notice contract clause in each of its invites comment on any issues legal or policy issues. 58 FR 51738. As nonexempt subcontracts so that the addressed in this subpart. a result, the Department has concluded obligation to notify employees of their Proposed § 471.20 implements that a full economic impact and cost/ rights is binding upon each successive Section 11 of the Executive Order, 74 FR benefit analysis is not required for the subcontractor. Regarding enforcement of 6110, which permits the delegation of rule under section 6(a)(3)(B) of the the requirements of the rule as to the Secretary’s authority under the Executive Order. 58 FR 51741. However, subcontractors, the Executive Order Order to Federal agencies within or because of its importance to the public,

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the rule was reviewed by the Office of Those obligations include posting the Based upon figures obtained from Management and Budget. required notice and incorporating the USASpending.gov, which compiles contract clause into all covered information on federal spending and Regulatory Flexibility Act subcontracts, thus making the same contractors across government agencies, The Regulatory Flexibility Act of obligations binding on covered the Department concludes that there 1980, 5 U.S.C. 601 et seq., requires subcontractors. For the purposes of this were 186,536 unique Federal agencies promulgating proposed rules to analysis, the Department estimates that, contractors holding Federal contracts in prepare an initial regulatory flexibility on average, each prime contractor will FY 2008.2 Although this rule does not analysis and to develop alternatives subcontract some portion of its prime apply to Federal contracts below the wherever possible, when drafting contract three times, and the prime simplified acquisition threshold, the regulations that will have a significant contractor therefore will expend time Department does not have a means by impact on a substantial number of small ensuring that the contract clause is which to calculate what portion of all entities. The focus of the RFA is to included in its subcontracts and Federal contractors hold only contracts ensure that agencies ‘‘review rules to notifying those subcontractors of their with the government below the assess and take appropriate account of attendant obligations. To the extent that simplified acquisition threshold to the potential impact on small subcontractors subcontract any part of which the rule would not apply in any businesses, small governmental their contract with the prime contractor, respect. Therefore, in order to determine jurisdictions, and small organizations, they, in turn, will be required to expend the number of entities affected by this as provided by the [RFA].’’ Executive time ensuring that the contract clause is rule, the Department used all Federal Order 13272, Sec. 1, 67 FR 53461 included in the next tier of subcontracts contractors as a basis, regardless of the (‘‘Proper Consideration of Small Entities and notifying the next-tier size of the government contract held. in Agency Rulemaking’’). However, an subcontractors of their attendant Based on data analyzed in the Federal agency is relieved of the obligation to obligations. Therefore, for the purpose Procurement Data System (fpds.gov), prepare an initial regulatory flexibility of determining time spent on which compiles data about types of for a proposed rule if the Agency head compliance, the Department will not contractors, of all 186,536 unique certifies that the rule will not, if differentiate between the obligations of Federal prime contractors, promulgated, have a significant prime contractors and subsequent tiers approximately 35% are ‘‘small entities’’ economic impact on a substantial of subcontractors in assessing time as defined by the Small Business number of small entities. 5 U.S.C 605. spent on compliance; the Department Administration (SBA) size standards.3 Based on the analysis below, in which assumes that all contractors, whether the Department has estimated the 2 prime contractor or subcontractor, will The Federal Funding Accountability and financial burdens to covered small Transparency Act of 2006, Pub.L. 109–282, (Sept. spend equivalent amounts of time contractors and subcontractors 26, 2006), requires that the Office of Management engaging in compliance activity. and Budget establish a single searchable Web site, associated with complying with the The Department estimates that each accessible by the public for free, that includes for requirements contained in this proposed each Federal award, among other things: (1) The rule, the Department has certified to the contractor will spend a total of 3.5 hours name of the entity receiving the award; (2) the Chief Counsel for Advocacy of the Small per year in order to comply with this amount of the award; (3) information on the award rule, which includes 90 minutes for the including transaction type, funding agency, etc.; (4) Business Administration (SBA) that this the location of the entity receiving the award; and rule will not have a significant contractor to learn about the contract (5) a unique identifier of the entity receiving the economic impact on a substantial and notice requirements, train staff, and award. See 31 U.S.C.A. § 6101 note. In compliance number of small entities. maintain records; 30 minutes for with this requirement, USASpending.gov was The primary goal of the Executive contractors to incorporate the contract established. clause into each subcontract and 3 The Federal Procurement Data System compiles Order and these implementing data regarding small business ‘‘actions’’ and small regulations is the notification to explain its contents to subcontractors; business ‘‘dollars’’ using the criteria employed by employees of their rights with respect to 30 minutes acquiring the notice from a SBA to define ‘‘small entities.’’ In FY 2008, small collective bargaining and other government agency or Web site; and 60 business actions accounted for 50% of all Federal procurement action. However, deriving a protected, concerted activity. This goal minutes posting them physically and percentage of contractors that are small using the is achieved through the incorporation of electronically, depending on where and ‘‘action’’ data would overstate the number of small a contract clause in all covered how the contractor customarily posts contractors because contract actions reflect more Government contracts. The Executive notices to employees. The Department than just contracts; they include modifications, blanket purchase agreement calls, task orders, and Order and this rule impose the assumes that these activities will be federal supply schedule orders. As a result, there obligation to ensure that the contract performed by a professional or business are many more contract actions than there are clause is included in all Government worker, who, according to Bureau of contracts or contractors. Accordingly, a single small contracts not on private contractors, but Labor statistics data, earned a total contractor might have hundreds of actions, e.g., delivery or task orders, placed against its contract. on Government contracting departments hourly wage of $31.02 in January, 2009, These contract actions would be counted and agencies, which are not ‘‘small including accounting for fringe benefits. individually in the FPDS, but represent only one entities’’ that come within the focus of The Department then multiplied this small business. the RFA. Therefore, the costs attendant figure by 3.5 hours to estimate the Also reflected in FPDS, in FY 2008, small business ‘‘dollars’’ accounted for 19% of all Federal to learning of the obligation to include average annual costs for contractors and dollars spent. However, deriving a percentage of the contract clause in Government subcontractors to comply with this rule. contractors that are small using the ‘‘dollars’’ data contracts and modifying those contracts Accordingly, this proposed rule is would understate the number of small contractors. in order to comply with that obligation estimated to impose average annual Major acquisitions account for a disproportionate is a cost borne by the Federal costs of $108.57 per contractor (3.5 share of the dollar amounts and are almost × exclusively awarded to large businesses. For government, and is not incorporated hours $31.02). These costs will instance, Lockheed Martin was awarded $34 billion into this analysis. decrease in subsequent years based on in contracts in FY 2008, which accounted for 6% Once the required contract clause is a contractor’s increasing familiarity with of all Federal spending in that year. The top five federal contractors, all large businesses, accounted included in the Government contract, the rule’s requirements and having for over 20% of contract dollars in FY 2008. As a contractors then begin to assume the already satisfied its posting result, because the largest Federal contractors burdens associated with compliance. requirements in earlier years. disproportionately represent ‘‘dollars’’ spent by the

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Therefore, for the purposes of the RFA Guide for Government Agencies: How to or a compliance evaluation. It also analysis, the Department estimates that Comply with the Regulatory Flexibility permits employees to file complaints this rule will affect 65,288 small Federal Act, Office of Advocacy, U.S. Small with the Department alleging that a prime contractors. Business Administration at 17, available contractor has failed to comply with As noted above, for the purposes of at http://www.sba.gov. As to economic those requirements. The application of this analysis, the Department estimates impact, one important indicator is the the PRA to those requirements is that each prime contractor subcontracts cost of compliance in relation to discussed below. a portion of the prime contract three revenue of the entity or the percentage The proposed rule imposes certain times, on average. However, the of profits affected. Id. In this case, the minimal burdens associated with the community of prime contractors does Department has determined that the posting of the employee notice poster not utilize a unique subcontractor for average cost of compliance with this required by the Executive Order and each subcontract; the Department rule in the first year for all Federal § 471.2(a). As noted in § 471.2(e), the assumes that subcontractors may be contractors and subcontractors will be Department will supply the notice, and working under several prime contracts $108.57. The Department concludes that contractors will be permitted to post for either a single prime contractor or this economic impact is not significant. exact duplicate copies of the notice. multiple prime contractors, or both. In Furthermore, the Department has Under the regulations implementing the addition, some subcontractors may also determined that of the entire regulated PRA, ‘‘[t]he public disclosure of be holding prime contracts with the community of all 186,536 prime information originally supplied by the government, so they may already be contractors and all 186,536 Federal government to [a] recipient for counted as affected entities. Therefore, subcontractors, 67% percent of that the purpose of disclosure to the public’’ in order to determine the unique regulated community constitute small is not considered a ‘‘collection of number of subcontractors affected by entities (251,824 small contractors information’’ under the Act. See 5 CFR this rule, the Department estimates there divided by all 373,072 contractors). 1320.3(c)(2). Therefore, the posting are the same number of unique Although this figure represents a requirement is not subject to the PRA. subcontractors as prime contractors, substantial number of federal The proposed rule would also impose resulting in the estimate that 186,536 contractors and subcontractors, because certain burdens on the contractor subcontractors are affected by this rule. Federal contractors are derived from associated with cooperating with an Further, for the purposes of this virtually all segments of the economy investigation into failure to comply with analysis, the Department assumes that and across industries, this figure is a the requirements of part 471 as the all subcontractors are ‘‘small entities’’ as small portion of the national economy result of a complaint or in connection defined by SBA size standards. overall. Id. at 20 (‘‘the substantiality of with a compliance evaluation. The Therefore, in order to estimate the total the number of businesses affected regulations implementing the PRA number of ‘‘small’’ contractors affected should be determined on an industry- exempt any information collection by this rule, the Department has added specific basis and/or the number of requirements imposed by an together the estimates for the number of small businesses overall’’). Accordingly, administrative agency during the small prime contractors calculated the Department concludes that the rule conduct of an administrative action above (65,288) with the estimate of all does not impact a substantial number of against specific individuals or entities. subcontractors (186,536), all of which small entities in a particular industry or See 5 CFR 1320.4. Once the agency we assume are small. Accordingly, the segment of the economy. Therefore, opens a case file or equivalent about a Department estimates that 251,824 small under 5 U.S.C. 605, the Department particular party, this exception applies prime and subcontractors are affected by concludes that the proposed rule will during the entire course of the this rule. not have a significant economic impact investigation, before or after formal Based on this analysis, the on a substantial number of small charges or complaints are filed or formal Department concludes that this entities. administrative action is initiated. Id. proposed rule will not have a significant Therefore, this exemption would apply economic impact on a substantial Unfunded Mandates Reform to the Department’s investigation of number of small entities. The For purposes of the Unfunded complaints alleging violations of the Regulatory Flexibility Act does not Mandates Reform Act of 1995, this Order or this proposed rule as well as define either ‘‘significant economic proposed rule would not include any compliance evaluations. impact’’ or ‘‘substantial’’ as it relates to Federal mandate that might result in As for the burden hour estimate for the number of regulated entities. 5 increased expenditures by State, local, employees filing complaints, we U.S.C. 601. In the absence of specific and tribal governments, or increased estimate, based on the experience of the definitions, ‘‘what is ‘significant’ or expenditures by the private sector of Office of Federal Contract Compliance ‘substantial’ will vary depending on the more than $100 million in any one year. Programs (OFCCP) administering other laws applicable to Federal contractors, problem that needs to be addressed, the Paperwork Reduction Act rule’s requirements, and the preliminary that it will take an average of 1.28 hours assessment of the rule’s impact.’’ See A Certain sections of this proposed rule, for such a complainant to compose a including § 471.11(a) and (b), contain complaint containing the necessary Federal government, the FPDB’s data on small information collection requirements for information and to send that complaint ‘‘dollars’’ spent understates the number of small purposes of the Paperwork Reduction to the Department. This number is also entities with which the Federal government does Act of 1995 (44 U.S.C. 3501 et seq.) consistent with the burden estimate for business. (PRA). As required by the PRA, the filing a complaint under E.O. 13201 and The Department concludes that the percentage of all Federal contractors that are ‘‘small’’ is probably Department has submitted a copy of the now-revoked part 470 regulations. somewhere between 19% and 50%, the two these sections to OMB for its review. The Department has estimated it percentages derived from the FPDS figures on small The proposed rule requires would receive a total of 50 employee ‘‘actions’’ and small ‘‘dollars.’’ The mean of these contractors to post notices and complaints in any given year, which is two percentages is approximately 35%, and the Department will use this figure above to estimate cooperate with any investigation into a significantly larger than the estimate how many of all Federal contractors are ‘‘small failure to comply with the requirements contained its most recent PRA entities’’ in SBA’s terms. of part 471 as the result of a complaint submission for E.O. 13201. In that

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submission, the Department estimated it persons to generate, maintain, retain, or Executive Order 13084 (Consultation would receive 20 employee complaints. disclose or provide information to or for and Coordination With Indian Tribal This number itself had been revised a Federal agency.’’ 5 CFR 1320.3(b)(1). Governments) downwards because the Department The definition of the term ‘‘person’’ in The Department certifies that this never received any employee the same regulations includes ‘‘an Proposed Rule does not impose complaints pursuant to the now-revoked individual, partnership, association, substantial direct compliance costs on 29 CFR part 470 regulations. Because corporation (including operations of Indian tribal governments. the applicability of the proposed rule government-owned contractor-operated and E.O. 13496 is greater in scope than facilities), business trust, or legal Small Business Regulatory Enforcement the now-revoked part 470 and E.O. representative, an organized group of Fairness Act of 1996 13201 in terms of geography (the now- individuals, a State, territorial, tribal, or This proposed rule is not a major rule revoked part 470 regulations only local government or branch thereof, or as defined by section 804 of the Small applied to states without right-to-work a political subdivision of a State, Business Regulatory Enforcement laws, whereas the proposed rule applies territory, tribal, or local government or Fairness Act of 1996. This rule will not nationwide), the Department has revised a branch of a political subdivision.’’ 5 result in an annual effect on the upwards its estimate of employee CFR 1320.3(k). It does not include the economy of $100,000,000 or more; a complaints under the proposed rule Federal government or any branch, major increase in costs or prices; or from 20 to 50. In addition, E.O. 13201 political subdivision, or employee significant adverse effects on required the posting of a notice thereof. Therefore, the cost to the competition, employment, investment, containing information of interest to Federal government for the submission productivity, innovation, or on the only a few—employees who may have of waiver requests by contracting ability of the United States-based objected to paying union dues or fees for agencies and departments need not be companies to compete with foreign- non-representational activities—while taken into consideration. based companies in domestic and the information in the poster required export markets. by this regulation should be of interest The Department invites the public to to all employees. comment on whether each of the Request for Comments The Department calculated the proposed collections of information: (1) This proposed rule would implement estimates of annualized cost to Ensures that the collection of Executive Order 13496. The Department respondents for the hour burdens information is necessary to the proper invites comments about the NPRM from associated with this collection of performance of the agency, including interested parties, including current and information. Specifically, it used the whether the information will have potential Government contractors, data from the Bureau of Labor Statistics practical utility; (2) estimates the subcontractors, and vendors, and (BLS) National Compensation Survey: projected burden, including the validity current and potential employees of such Occupation Wages in the United States of the methodology and assumptions entities; labor organizations; public (NCS), 2007 (Bulletin 2704), to calculate used, accurately; (3) enhances the interest groups; Federal contracting the cost of the burden hours associated quality, utility, and clarity of the agencies; and the public. with employee complaints. The NCS information to be collected; and (4) Bulletin indicates that the average minimizes the burden of the collection List of Subjects in 29 CFR Part 471 hourly wage for all workers during of information on those who are to Administrative practice and 2007, the most recent year available, respond, including through the use of procedure, Government contracts, was $19.88 per hour. Therefore, we appropriate automated, electronic, employee rights, Labor unions. estimate that the cost to a complainant mechanical, or other technological of filing a complaint under E.O. 13496 collection techniques or other forms of Text of Proposed Rule × will be $25.92, or $25.45 ($19.88 1.28) information technology (e.g., permitting Accordingly, a new Subchapter D, + $0.47 for postage and envelope ($0.44 electronic submission of responses). consisting of Part 471, is proposed to be postage and $0.03 for the envelope). We Comments must be submitted by added to 29 CFR Chapter IV to read as further estimate, as stated above, that 50 September 2, 2009 to: Desk Officer for follows: individual complaints will be filed each the Department of Labor, Office of Subchapter D. Notification of Employee year. Therefore, we project that this Management and Budget, 725 17th Rights Under Federal Labor Laws collection of information will impose on Street, NW., Washington, DC 20503. employees who file complaints a total PART 471—OBLIGATIONS OF annual cost burden of $1,296.00 ($25.92 Executive Order 13132 (Federalism) FEDERAL CONTRACTORS AND × per complaint 50 complaints). SUBCONTRACTORS; NOTIFICATION Proposed § 471.3(b) permits The Department has reviewed this proposed rule in accordance with OF EMPLOYEE RIGHTS UNDER contracting departments to submit FEDERAL LABOR LAWS written requests for an exemption from Executive Order 13132 regarding the obligations of the Executive Order federalism, and has determined that the Subpart A—Definitions, Requirements (waiver request) as to particular proposed rule does not have ‘‘federalism for Employee Notice, and Exceptions contracts or classes of contracts under implications.’’ The employee notice and Exemptions specified circumstance. The PRA does required by the Executive Order and not cover the costs to the Federal part 471 must be posted only by Sec. government for the submission of employers covered under the NLRA. 471.1 What definitions apply to this part? waiver requests by contracting agencies Therefore, the proposed rule does not 471.2 What employee notice clause must be or departments or for the processing of ‘‘have substantial direct effects on the included in Government contracts? 471.3 What exceptions apply and what waiver requests by the Department of States, on the relationship between the exemptions are available? Labor. The regulations implementing national government and the States, or 471.4 What employers are not covered the PRA define the term ‘‘burden,’’ in on the distribution of power and under the rule? pertinent part, as ‘‘the total time, effort, responsibilities among the various Appendix A to Subpart A of Part 471—Text or financial resources expended by levels of government.’’ of Employee Notice Clause

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Appendix B to Subpart A of Part 471— also includes the supervision, Modification of a contract means any Electronic Link Language inspection, and other on-site functions alteration in the terms and conditions of incidental to the actual construction. that contract, including amendments, Subpart B—General Enforcement; Construction work site means the renegotiations, and renewals. Compliance Review and Complaint general physical location of any Order or Executive Order means Procedures building, highway, or other change or Executive Order 13496 (74 FR 6107, 471.10 How will the Department determine improvement to real property which is January 30, 2009). whether a contractor is in compliance undergoing construction, rehabilitation, Person means any natural person, with Executive Order 13496 and this alteration, conversion, extension, corporation, partnership, part? demolition, or repair, and any unincorporated association, State or 471.11 What are the procedures for filing temporary location or facility at which local government, and any agency, and processing a complaint? a contractor or subcontractor meets a instrumentality, or subdivision of such 471.12 What are the procedures to be followed when a violation is found demand or performs a function relating a government. during a complaint investigation or to the contract or subcontract. Prime contractor means any person compliance evaluation? Contract means, unless otherwise holding a contract with a contracting 471.13 Under what circumstances, and indicated, any Government contract or agency, and, for the purposes of how, will enforcement proceedings subcontract. subparts B and C of this part, includes under Executive Order 13496 be Contracting agency means any any person who has held a contract conducted? department, agency, establishment, or subject to the Executive Order and this 471.14 What sanctions and penalties may instrumentality in the executive branch part. be imposed for noncompliance, and what procedures will the Department of the Government, including any Related rules, regulations, and orders follow in imposing such sanctions and wholly owned Government corporation, of the Secretary of Labor, as used in penalties? that enters into contracts. § 471.2 of this part, means rules, 471.15 Under what circumstances must a Contractor means, unless otherwise regulations, and relevant orders of the contractor be provided the opportunity indicated, a prime contractor or Assistant Secretary for Employment for a hearing? subcontractor. Standards, or his or her designee, issued 471.16 Under what circumstances may a Department means the U.S. pursuant to the Executive Order or this contractor be reinstated? Department of Labor. part. Subpart C—Ancillary Matters Employee notice clause means the Secretary means the Secretary of contract clause that Government Labor, U.S. Department of Labor, or his 471.20 What authority under this part or contracting departments and agencies or her designee. Executive Order 13496 may the Secretary must include in all Government Simplified acquisition threshold delegate, and under what circumstances? contracts and subcontracts pursuant to means the dollar amount set by 471.21 Who will make rulings and Executive Order 13496 and this part. Congress under the Office of Federal interpretations under Executive Order 13496 and this part? Government means the Government of Policy Procurement Act. As indicated in 471.22 What actions may the Assistant the United States of America. this Part, government contracts valued Secretary take in the case of intimidation Government contract means any below the dollar amount set in the and interference? agreement or modification thereof Simplified Acquisition Threshold are 471.23 What other provisions apply to this between any contracting agency and any not subject to this Part. part? person for the purchase, sale, or use of Subcontract means any agreement or Authority: 40 U.S.C. 101 et seq.; Executive personal property or non-personal arrangement between a contractor and Order 13496, 74 FR 6107 (February 4, 2009); services. The term ‘‘personal property,’’ any person (in which the parties do not Secretary’s Order 01–2008, 73 FR 32424 as used in this section, includes stand in the relationship of an employer (June 6, 2008). supplies, and contracts for the use of and an employee): real property (such as lease (1) For the purchase, sale or use of Subpart A—Definitions, Requirements arrangements), unless the contract for personal property or non-personal for Employee Notice, and Exceptions the use of real property itself constitutes services that, in whole or in part, is and Exemptions real property (such as easements). The necessary to the performance of any one § 471.1 What definitions apply to this part? term ‘‘non-personal services’’ as used in or more contracts; or Assistant Secretary means the this section includes, but is not limited (2) Under which any portion of the Assistant Secretary for Employment to, the following services: Utilities, contractor’s obligation under any one or Standards, United States Department of construction, transportation, research, more contracts is performed, undertaken Labor, or his or her designee. insurance, and fund depository. The or assumed. Collective bargaining agreement term Government contract does not Subcontractor means any person means an agreement, as defined in the include: holding a subcontract and, for the Federal Service Labor-Management (1) Agreements in which the parties purposes of subparts B and C of this Relations Statute, entered into by an stand in the relationship of employer part, any person who has held a agency and the exclusive representative and employee; and subcontract subject to the Executive of employees in an appropriate unit to (2) Federal financial assistance, as Order and this part. set terms and conditions of employment defined in 29 CFR 31.2. Union means a labor organization as of those employees. Labor organization means any defined in paragraph (k) of this section. Construction means the construction, organization of any kind in which United States, as used herein, shall rehabilitation, alteration, conversion, employees participate and which exists include the several States, the District of extension, demolition, weatherization, for the purpose, in whole or in part, of Columbia, the Virgin Islands, the or repair of buildings, highways, or dealing with employers concerning Commonwealth of Puerto Rico, Guam, other changes or improvements to real grievances, labor disputes, wages, rates American Samoa, the Commonwealth of property, including facilities providing of pay, hours, or other terms or the Northern Mariana Islands, and Wake utility services. The term construction conditions of employment. Island.

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§ 471.2 What employee notice clause must internal, a link to the Department of when, in the Deputy Assistant be included in Government contracts? Labor’s Web site that contains the full Secretary’s judgment, such action is (a) Government contracts. With text of the poster. The language that necessary or appropriate to achieve the respect to all contracts covered by this must constitute the link is contained in purposes of this part. part, Government contracting Appendix B to Subpart A to Part 471. departments and agencies shall, to the § 471.4 What employers are not covered extent consistent with law, include the § 471.3 What exceptions apply and what under this part? language set forth in Appendix A to exemptions are available? (a) The following employers are Subpart A of Part 471 in every (a) Exceptions for specific types of excluded from the definition of Government contract, other than contracts. The requirements of this part ‘‘employer’’ in the National Labor collective bargaining agreements as do not apply to Relations Act (NLRA), and are not defined in § 471.1 and purchase orders (1) Collective bargaining agreements covered by the requirements of this part: under the simplified acquisition as defined in § 471.1. (1) The United States or any wholly threshold as defined in § 471.1. (2) Government contracts that involve owned Government corporation; (b) Inclusion by reference not purchases below the simplified (2) Or any Federal Reserve Bank; permitted. The employee notice clause acquisition threshold as defined in (3) Or any State or political must be quoted verbatim in a contract, § 471.1. Therefore, the employee notice subdivision thereof, or any person subcontract, or purchase order. The clause need not be included in contracts subject to the Railway Labor Act; clause may not be made part of the for purchases below that threshold, (4) Or any labor organization (other contract, subcontract, or purchase order provided that: than when acting as an employer); by words of incorporation or inclusion. (i) No agency or contractor is (5) Or anyone acting in the capacity (c) Adaptation of language. Whenever permitted to procure supplies or of officer or agent of such labor the Assistant Secretary finds that an Act services in a way designed to avoid the organization. of Congress, clarification of existing law applicability of the Order and this part; (b) Additionally, employers by the courts or the National Labor and exclusively employing workers who are Relations Board, or other circumstances (ii) The employee notice clause must excluded from the definition of make modification of the contractual be included in contracts and ‘‘employee’’ under the NLRA are not provisions necessary to achieve the subcontracts for indefinite quantities, covered by the requirements of this part. purposes of Executive Order 13496 and unless the contracting agency or Those excluded employees are this part, the Assistant Secretary contractor has reason to believe that the employed: promptly shall issue such rules, amount to be ordered in any year under (1) As agricultural laborers; regulations, or orders as are needed to such a contract or subcontract will be (2) In the domestic service of any cause the substitution or addition of less than the simplified acquisition family or person at his home; appropriate contractual provisions in threshold. (3) By his parent or spouse; Government contracts thereafter entered (3) Government contracts resulting (4) As an independent contractor; into. from solicitations issued prior to the (5) As a supervisor as defined under (d) Obtaining employee notice poster. date of the effective date of this rule. the NLRA; or The required employee notice poster, (b) Exemptions for certain contracts. (6) By an employer subject to the printed by the Department, will be The Deputy Assistant Secretary for Railway Labor Act. provided by the Federal contracting Labor-Management Programs may agency or may be obtained from the exempt a contracting agency department Appendix A to Subpart A of Part 471— Division of Interpretations and or agency or groups of departments or Text of Employee Notice Clause Standards, Office of Labor-Management agencies from the requirements of this ‘‘1. During the term of this contract, the Standards, U.S. Department of Labor, part with respect to a particular contract contractor agrees to post a notice, of such size 200 Constitution Avenue, NW., Room or subcontract or any class of contracts and in such form, and containing such N–5609, Washington, DC 20210, or from or subcontracts when the Deputy content as the Secretary of Labor shall any field office of the Department’s Assistant Secretary finds that: prescribe, in conspicuous places in and about Office of Labor-Management Standards (1) The application of any of the its plants and offices where employees or Office of Federal Contract requirements of this part would not covered by the National Labor Relations Act Compliance Programs. A copy of the serve its purposes or would impair the engage in activities relating to the performance of the contract, including all poster may also be downloaded from the ability of the Government to procure places where notices to employees are Office of Labor-Management Standards goods or services on an economical and customarily posted both physically and Web site at http://www.olms.dol.gov. efficient basis; or electronically. The ‘‘Secretary’s Notice’’ shall Additionally, contractors may (2) Special circumstances require an include the following information: reproduce and use exact duplicate exemption in order to serve the national ‘‘NOTICE TO EMPLOYEES copies of the Department’s official interest. poster. (c) Procedures for requesting an RIGHTS OF EMPLOYEES UNDER THE (e) Electronic postings of employee exemption and withdrawals of NATIONAL LABOR RELATIONS ACT notice poster. A contractor or exemptions. Requests for exemptions ‘‘It is the policy of the United States to subcontractor that customarily posts under this subsection from an agency or encourage collective bargaining and protect notices to employees electronically department must be in writing, and the exercise by workers of full freedom of must also post the required notice must be directed to the Deputy Assistant association, self-organization, and electronically. Such contractors or Secretary for Labor-Management designation of representatives of their own subcontractors satisfy the electronic Programs, U.S. Department of Labor, choosing, for the purpose of negotiating the terms and conditions of their employment or posting requirement by displaying 200 Constitution Avenue, NW., Room other mutual aid and protection. prominently on any Web site that is N–5603, Washington, DC 20210. The ‘‘Under federal law, you have the right to: maintained by the contractor or Deputy Assistant Secretary for Labor- Organize a union to negotiate with your subcontractor and customarily used for Management Programs may withdraw employer concerning your wages, hours, and employee notices, whether external or an exemption granted under this section other terms and conditions of employment.

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Form, join or assist a union. from the nearest regional NLRB office, which determine whether a contractor holding Bargain collectively through a duly can be found on the Agency’s Web site: a covered contract is in compliance with selected union for a contract with your http://www.nlrb.gov. the requirements of this part. Such an employer setting your wages, benefits, hours, ‘‘Click on the NLRB’s page titled About Us, evaluation may be limited to and other working conditions. which contains a link, Locating Our Offices. Discuss your terms and conditions of You can also contact the NLRB by calling compliance with this part or may be employment with your co-workers or a toll-free: 1–866–667–NLRB (6572) or (TTY) included in a compliance evaluation union; join other workers in raising work- 1–866–315–NLRB (1–866–315–6572) for conducted under other laws, Executive related complaints with your employer, hearing impaired. Orders, and/or regulations enforced by government agencies, or members of the ‘‘This is an official Government Notice and the Department. public; and seek and receive help from a must not be defaced by anyone. (b) During such an evaluation, a union subject to certain limitations. ‘‘2. The contractor will comply with all determination will be made whether: Take action with one or more co-workers provisions of the Secretary’s Notice, and to improve your working conditions, related rules, regulations, and orders of the (1) The employee notice required by including attending rallies on non-work time, Secretary of Labor. § 471.2(a) is posted in conspicuous and leafleting on non-work time in non-work ‘‘3. In the event that the contractor does not places in and about each of the areas. comply with any of the requirements set contractor’s establishments and/or Strike and picket, unless your union has forth in paragraphs (1) or (2) above, this construction work sites, including all agreed to a no-strike clause and subject to contract may be cancelled, terminated, or places where notices to employees are certain other limitations. In some suspended in whole or in part, and the customarily posted both physically and circumstances, your employer may contractor may be declared ineligible for permanently replace strikers. further Government contracts in accordance electronically; and Choose not to do any of these activities, with procedures authorized in or adopted (2) The provisions of the employee including joining or remaining a member of pursuant to Executive Order 13496 of January notice clause are included in a union. 30, 2009. Such other sanctions or remedies government contracts, subcontracts or ‘‘It is illegal for your employer to: may be imposed as are provided in Executive purchase orders entered into on or after Prohibit you from soliciting for the union Order 13496 of January 30, 2009, or by rule, [THE EFFECTIVE DATE OF FINAL during non-work time or distributing union regulation, or order of the Secretary of Labor, RULE], or that the government literature during non-work time, in non-work or as are otherwise provided by law. contracts, subcontracts or purchase ‘‘4. The contractor will include the areas. orders have been exempted under Question you about your union support or provisions of paragraphs (1) through (4) activities. herein in every subcontract or purchase order § 471.3(b). Fire, demote, or transfer you, or reduce entered into in connection with this contract (c) The results of the evaluation will your hours or change your shift, or otherwise (unless exempted by rules, regulations, or be documented in the evaluation record, take adverse action against you, or threaten orders of the Secretary of Labor issued which will include findings regarding to take any of these actions, because you join pursuant to section 3 of Executive Order the contractor’s compliance with the or support a union, or because you engage in 13496 of January 30, 2009, so that such requirements of Executive Order 13496 other activity for mutual aid and protection, provisions will be binding upon each and this part and, as applicable, subcontractor. The contractor will take such or because you choose not to engage in any conciliation efforts made, corrective such activity. action with respect to any such subcontract Threaten to close your workplace if or purchase order as may be directed by the action taken and/or enforcement workers choose a union to represent them. Secretary of Labor as a means of enforcing recommended under § 471.13. Promise or grant promotions, pay raises, or such provisions, including the imposition of § 471.11 What are the procedures for filing other benefits to discourage or encourage sanctions for non-compliance: Provided, and processing a complaint? union support. however, if the contractor becomes involved Prohibit you from wearing union hats, in litigation with a subcontractor, or is (a) Filing complaints. An employee of buttons, t-shirts, and pins in the workplace threatened with such involvement, as a result a covered contractor may file a except under special circumstances, for of such direction, the contractor may request complaint alleging that the contractor example, as where doing so might interfere the United States to enter into such litigation has failed to post the employee notice with patient care. to protect the interests of the United States.’’ as required by Executive Order 13496 Spy on or videotape peaceful union and this part; and/or has failed to activities and gatherings or pretend to do so. Appendix B to Subpart A of Part 471— It is illegal for a union or for the union that Electronic Link Language include the employee notice clause in subcontracts or purchase orders. represents you in bargaining with your RIGHTS OF EMPLOYEES UNDER THE employer to: discriminate or take other NATIONAL LABOR RELATIONS ACT Complaints may be filed with the Office adverse action against you based on whether of Labor-Management Standards ‘‘It is the policy of the United States to you have joined or support the union. (OLMS) or the Office of Federal Contract encourage collective bargaining and protect ‘‘If your rights are violated: the exercise by workers of full freedom of Compliance Programs (OFCCP) at 200 Illegal conduct will not be permitted. The association, self-organization, and Constitution Avenue, NW., Washington, National Labor Relations Board (NLRB), an designation of representatives of their own DC 20210, or with any OLMS or OFCCP agency of the United States government, will choosing, for the purpose of negotiating the field office. protect your right to a free choice concerning terms and conditions of their employment or union representation and collective (b) Contents of complaints. The other mutual aid and protection.’’ bargaining and will prosecute violators of the complaint must be in writing and must include the name, address, and National Labor Relations Act. The NLRB may Subpart B—General Enforcement; order an employer to rehire a worker fired in telephone number of the employee who Compliance Review and Complaint violation of the law and to pay lost wages filed the complaint (the complainant), Procedures and benefits and may order an employer or the name and address of the contractor union to cease violating the law. The NLRB § 471.10 How will the Department alleged to have violated Executive Order can only act, however, if it receives determine whether a contractor is in 13496 and this part, an identification of information of unlawful behavior within six compliance with Executive Order 13496 and months. the alleged violation and the this part? ‘‘If you believe your rights or the rights of establishment or construction work site others have been violated, you must contact (a) The Deputy Assistant Secretary for where it is alleged to have occurred, and the NLRB within six months of the unlawful Federal Contract Compliance may any other pertinent information that treatment. Employees should seek assistance conduct a compliance evaluation to will assist in the investigation and

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resolution of the complaint. The (iv) A contractor’s refusal to cooperate administrative law judge’s complainant must sign the complaint. with the compliance evaluation or recommended decision will become the (c) Complaint investigations. In complaint investigation, including final administrative order. If the investigating complaints filed with the failure to provide information sought Assistant Secretary determines that the Department under paragraph (a) of this during those procedures. contractor has violated Executive Order section, the Deputy Assistant Secretary (v) A contractor’s refusal to take such 13496 or the regulations in this part, the for Federal Contract Compliance will action with respect to a subcontract as final administrative order will order the evaluate the allegations of the complaint is directed by the Deputy Assistant contractor to cease and desist from the and develop a case record. The record Secretary for Federal Contract violations, require the contractor to will include findings regarding the Compliance or the Deputy Assistant provide appropriate remedies, or, contractor’s compliance with the Secretary for Labor-Management as a subject to the procedures in § 471.14, requirements of Executive Order 13496 means of enforcing compliance with the impose appropriate sanctions and and this part, and, as applicable, a provision of this part. penalties, or any combination thereof. description of conciliation efforts made, (vi) A subcontractor’s refusal to corrective action taken, and/or adhere to the requirements of this part § 471.14 What sanctions and penalties regarding employee notice or inclusion may be imposed for noncompliance, and enforcement recommended. what procedures will the Department follow of the contract clause in its in imposing such sanctions and penalties? § 471.12 What are the procedures to be subcontracts. followed when a violation is found during a (2) If a determination is made by the (a) After a final decision on the merits complaint investigation or compliance has been issued and before imposing the evaluation? Deputy Assistant Secretary for Federal Contract Compliance that the Executive sanctions and penalties described in (a) If any complaint investigation or Order or the regulations in this part paragraph (d) of this section, the compliance evaluation indicates a have been violated, and the violation Assistant Secretary will consult with the violation of Executive Order 13496 or has not been corrected through affected contracting agencies, and this part, the Deputy Assistant Secretary conciliation, he will refer the matter to provide the heads of those agencies the for Federal Contract Compliance will the Deputy Assistant Secretary for opportunity to respond and provide make reasonable efforts to secure Labor-Management Programs for written objections. compliance through conciliation. enforcement consideration. The Deputy (b) If the contracting agency provides (b) The contractor must correct the Assistant Secretary for Labor- written objections, those objections violation found by the Department (for Management Programs may refer the must include a complete statement of reasons for the objections, among which example, by posting the required matter to the Solicitor of Labor for reasons must be a finding that, as employee notice, and/or by amending institution of administrative applicable, the completion of the its subcontracts or purchase orders with enforcement proceedings. subcontractors to include the employee (b) Administrative enforcement contract, or further contracts or notice clause), and must commit, in proceedings. (1) Administrative extensions or modifications of existing writing, not to repeat the violation, enforcement proceedings will be contracts, is essential to the agency’s before the contractor may be found to be conducted under the control and mission. (c) The sanctions and penalties in compliance with Executive Order supervision of the Solicitor of Labor, described in this section, however, will 13496 or this part. under the hearing procedures set forth (c) If a violation cannot be resolved not be imposed if: in 29 CFR part 18, Rules of Practice and (1) The head of the contracting through conciliation efforts, the Deputy Procedure for Administrative Hearings Assistant Secretary for Federal Contract agency, or his or her designee, continues Before the Office of Administrative Law to object to the imposition of such Compliance will refer the matter to the Judges. Deputy Assistant Secretary for Labor- sanctions and penalties, or (2) The administrative law judge will (2) The contractor has not been Management Programs, who may certify his or her recommended decision proceed in accordance with § 471.13. afforded an opportunity for a hearing. issued pursuant to 29 CFR 18.57 to the (d) In enforcing Executive Order (d) For reasonable cause shown, the Assistant Secretary. The decision will Deputy Assistant Secretary for Labor- 13496 and this part, the Assistant be served on all parties and amici. Secretary may: Management Programs may reconsider, (3) Within 25 days (10 days in the or cause to be reconsidered, any matter (1) Direct a contracting agency to event that the proceeding is expedited) cancel, terminate, suspend, or cause to on his or her own motion or pursuant after receipt of the administrative law to a request. be canceled, terminated or suspended, judge’s recommended decision, either any contract or any portions thereof, for § 471.13 Under what circumstances, and party may file exceptions to the failure of the contractor to comply with how, will enforcement proceedings under decision. Exceptions may be responded its contractual provisions as required by Executive Order 13496 be conducted? to by the other parties within 25 days section 7(a) of Executive Order 13496 (a) General. (1) Violations of (7 days if the proceeding is expedited) and the regulations in this part. Executive Order 13496 and this part after receipt. All exceptions and Contracts may be canceled, terminated, may result in administrative responses must be filed with the or suspended absolutely, or continuance proceedings to enforce the Order and Assistant Secretary. of contracts may be conditioned upon the part. The bases for a finding of a (4) After the expiration of time for compliance. violation may include, but are not filing exceptions, the Assistant (2) Issue an order of debarment under limited to: Secretary may issue a final section 7(b) of Executive Order 13496 (i) The results of a compliance administrative order, or may make such providing that one or more contracting evaluation; other disposition of the matter as he or agencies must refrain from entering into (ii) The results of a complaint she finds appropriate. In an expedited further contracts, or extensions or other investigation; proceeding, unless the Assistant modification of existing contracts, with (iii) A contractor’s refusal to allow a Secretary issues a final administrative any non-complying contractor. compliance evaluation or complaint order within 30 days after the expiration (3) Issue an order of debarment under investigation to be conducted; or of time for filing exceptions, the section 7(b) of Executive Order 13496

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providing that no contracting agency with Executive Order 13496 and this department and agency must cooperate may enter into a contract with any non- part and has shown that it will carry out with the Assistant Secretary, the Deputy complying subcontractor. Executive Order 13496 and this part, the Assistant Secretary for Labor- (e) Whenever the Assistant Secretary contractor or subcontractor may be Management Programs, and/or the has exercised his or her authority reinstated. Deputy Assistant Secretary for Federal pursuant to paragraph (d) of this Contract Compliance, and must provide section, the contracting agency must Subpart C—Ancillary Matters such information and assistance as the report the actions it has taken to the § 471.20 What authority under this part or Assistant Secretary or Deputy Assistant Assistant Secretary within such time as Executive Order 13496 may the Secretary Secretary may require, in the the Assistant Secretary will specify. delegate, and under what circumstances? performance of his or her functions (f) Periodically, the Assistant Section 11 of Executive Order 13496 under the Executive Order and the Secretary will publish and distribute, or grants the Secretary the right to delegate regulations in this part. cause to be published and distributed, any of his/her functions or duties under to all executive agencies a list of the (c)(1) Consistent with section 15 of the Order to any officer in the names of contractors and subcontractors Executive Order 13496, nothing in this Department of Labor or to any other that have, in the judgment of the subpart shall be construed to impair or officer in the executive branch of the Assistant Secretary under § 471.13(b)(4) otherwise affect: Government, with the consent of the of this part, failed to comply with the (i) Authority granted by law to a head of the department or agency in provisions of the Executive Order and department, agency, or the head thereof; which that officer serves. this part, or of related rules, regulations, or and orders of the Secretary of Labor, and § 471.21 Who will make rulings and (ii) Functions of the Director of the as a result have been declared ineligible interpretations under Executive Order Office of Management and Budget 13496 and this part? for future contracts or subcontracts relating to budgetary, administrative, or under the Executive Order and the Rulings under or interpretations of legislative proposals. regulations in this part. Executive Order 13496 or the regulations contained in this part will (2) This subpart shall be implemented § 471.15 Under what circumstances must a be made by the Assistant Secretary or consistent with applicable law and contractor be provided the opportunity for his or her designee. subject to the availability of a hearing? appropriations. Before the Assistant Secretary takes § 471.22 What actions may the Assistant (d) Consistent with section 15 of the following action, a contractor or Secretary take in the case of intimidation Executive Order 13496, nothing subcontractor must be given the and interference? contained in the Executive Order or this opportunity for a hearing before the The sanctions and penalties contained part, or promulgated pursuant to Assistant Secretary: in § 471.14 of this part may be exercised (a) Issues an order for cancellation, by the Assistant Secretary against any Executive Order 13496 or this part, is termination, or suspension of any contractor or subcontractor who fails to intended to create any right or benefit, contract or debarment of any contractor take all necessary steps to ensure that no substantive or procedural, enforceable at from further Government contracts person intimidates, threatens, or coerces law or in equity by any party against the under sections 7(a) or (b) of Executive any individual for the purpose of United States, its departments, agencies, Order 13496 and § 471.14(d)(1) or (2) of interfering with the filing of a or entities, its officers, employees, or this part; or complaint, furnishing information, or agents, or any other person. Neither (b) Includes the contractor on a assisting or participating in any manner Executive Order 13496 nor this part published list of non-complying in a compliance evaluation, complaint creates any such right or benefit. contractors under section 7(c) of investigation, hearing, or any other Signed in Washington, DC, July 20, 2009. Executive Order 13496 and § 471.14(f) activity related to the administration or Shelby Hallmark, of this part. enforcement of Executive Order 13496 Acting Assistant Secretary for Employment or this part. § 471.16 Under what circumstances may a Standards. contractor be reinstated? § 471.23 What other provisions apply to John Lund, Any contractor or subcontractor this part? Deputy Assistant Secretary, Office of Labor- debarred from or declared ineligible for (a) The regulations in this part Management Standards. further contracts or subcontracts under implement Executive Order 13496 only, Lorenzo D. Harrison, Executive Order 13496 and this part and do not modify or affect the Director, Division of Policy, Planning and may request reinstatement in a letter to interpretation of any other Department Program Development, Office of Federal the Assistant Secretary. If the Assistant of Labor regulations or policy. Contract Compliance Programs. Secretary finds that the contractor or (b) Consistent with section 9 of [FR Doc. E9–17577 Filed 7–31–09; 8:45 am] subcontractor has come into compliance Executive Order 13496, each contracting BILLING CODE P

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Reader Aids Federal Register Vol. 74, No. 147 Monday, August 3, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 aids publishes separately a List of CFR Sections Affected (LSA), which Laws 741–6000 lists parts and sections affected by documents published since the revision date of each title. Presidential Documents Executive orders and proclamations 741–6000 The United States Government Manual 741–6000 Other Services Electronic and on-line services (voice) 741–6020 Privacy Act Compilation 741–6064 Public Laws Update Service (numbers, dates, etc.) 741–6043 TTY for the deaf-and-hard-of-hearing 741–6086

ELECTRONIC RESEARCH World Wide Web Full text of the daily Federal Register, CFR and other publications is located at: http://www.gpoaccess.gov/nara/index.html Federal Register information and research tools, including Public Inspection List, indexes, and links to GPO Access are located at: http://www.archives.gov/federallregister E-mail FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is an open e-mail service that provides subscribers with a digital form of the Federal Register Table of Contents. The digital form of the Federal Register Table of Contents includes HTML and PDF links to the full text of each document. To join or leave, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. PENS (Public Law Electronic Notification Service) is an e-mail service that notifies subscribers of recently enacted laws. To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html and select Join or leave the list (or change settings); then follow the instructions. FEDREGTOC-L and PENS are mailing lists only. We cannot respond to specific inquiries. Reference questions. Send questions and comments about the Federal Register system to: [email protected] The Federal Register staff cannot interpret specific documents or regulations. Reminders. Effective January 1, 2009, the Reminders, including Rules Going Into Effect and Comments Due Next Week, no longer appear in the Reader Aids section of the Federal Register. This information can be found online at http://www.regulations.gov. CFR Checklist. Effective January 1, 2009, the CFR Checklist no longer appears in the Federal Register. This information can be found online at http://bookstore.gpo.gov/.

FEDERAL REGISTER PAGES AND DATE, AUGUST 38323–38502...... 3

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The text of laws is not H.J. Res. 56/P.L. 111–42 enacted public laws. To published in the Federal Approving the renewal of subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered import restrictions contained in listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual the Burmese Freedom and publaws-l.html pamphlet) form from the Democracy Act of 2003, and This is a continuing list of Superintendent of Documents, for other purposes. (July 28, 2009; 123 Stat. 1963) Note: This service is strictly public bills from the current U.S. Government Printing for E-mail notification of new session of Congress which Last List July 29, 2009 Office, Washington, DC 20402 laws. The text of laws is not have become Federal laws. It (phone, 202–512–1808). The available through this service. may be used in conjunction text will also be made Public Laws Electronic PENS cannot respond to with ‘‘P L U S’’ (Public Laws available on the Internet from Update Service) on 202–741– Notification Service specific inquiries sent to this GPO Access at http:// 6043. This list is also (PENS) address. www.gpoaccess.gov/plaws/ available online at http:// index.html. Some laws may www.archives.gov/federal- PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly

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TABLE OF EFFECTIVE DATES AND TIME PERIODS—AUGUST 2009

This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)

DATE OF FR 15 DAYS AFTER 21 DAYS AFTER 30 DAYS AFTER 35 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION

August 3 Aug 18 Aug 24 Sep 2 Sep 8 Sep 17 Oct 2 Nov 2

August 4 Aug 19 Aug 25 Sep 3 Sep 8 Sep 18 Oct 5 Nov 2

August 5 Aug 20 Aug 26 Sep 4 Sep 9 Sep 21 Oct 5 Nov 3

August 6 Aug 21 Aug 27 Sep 8 Sep 10 Sep 21 Oct 5 Nov 4

August 7 Aug 24 Aug 28 Sep 8 Sep 11 Sep 21 Oct 6 Nov 5

August 10 Aug 25 Aug 31 Sep 9 Sep 14 Sep 24 Oct 9 Nov 9

August 11 Aug 26 Sep 1 Sep 10 Sep 15 Sep 25 Oct 13 Nov 9

August 12 Aug 27 Sep 2 Sep 11 Sep 16 Sep 28 Oct 13 Nov 10

August 13 Aug 28 Sep 3 Sep 14 Sep 17 Sep 28 Oct 13 Nov 12

August 14 Aug 31 Sep 4 Sep 14 Sep 18 Sep 28 Oct 13 Nov 12

August 17 Sep 1 Sep 8 Sep 16 Sep 21 Oct 1 Oct 16 Nov 16

August 18 Sep 2 Sep 8 Sep 17 Sep 22 Oct 2 Oct 19 Nov 16

August 19 Sep 3 Sep 9 Sep 18 Sep 23 Oct 5 Oct 19 Nov 17

August 20 Sep 4 Sep 10 Sep 21 Sep 24 Oct 5 Oct 19 Nov 18

August 21 Sep 8 Sep 11 Sep 21 Sep 25 Oct 5 Oct 20 Nov 19

August 24 Sep 8 Sep 14 Sep 23 Sep 28 Oct 8 Oct 23 Nov 23

August 25 Sep 9 Sep 15 Sep 24 Sep 29 Oct 9 Oct 26 Nov 23

August 26 Sep 10 Sep 16 Sep 25 Sep 30 Oct 13 Oct 26 Nov 24

August 27 Sep 11 Sep 17 Sep 28 Oct 1 Oct 13 Oct 26 Nov 25

August 28 Sep 14 Sep 18 Sep 28 Oct 2 Oct 13 Oct 27 Nov 27

August 31 Sep 15 Sep 21 Sep 30 Oct 5 Oct 15 Oct 30 Nov 30

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