12–15–08 Monday Vol. 73 No. 241 Dec. 15, 2008

Pages 75927–76190

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Contents Federal Register Vol. 73, No. 241

Monday, December 15, 2008

Agricultural Marketing Service Education Department RULES NOTICES Domestic Dates Produced or Packed in Riverside County, Charter School Programs; Applications Available, 76014– CA; Decreased Assessment Rate, 75931–75934 76020 Dried Prunes Produced in California; Decreased Assessment Grant Competition to Prevent High-Risk Drinking or Violent Rate, 75934–75936 Behavior Among College Students, 76020–76023 Irish Potatoes Grown in Washington; Relaxation of Handling and Import Regulations, 75929–75931 Employment and Training Administration Tart Cherries Grown in the States of Michigan, et al.; NOTICES Change to Fiscal Period, 75927–75929 Affirmative Determination Regarding Application for Reconsideration: Agriculture Department International Paper Co.; Cantonment, FL, 76057 Amended Certification Regarding Eligibility to Apply for See Agricultural Marketing Service Worker Adjustment Assistance and Alternative Trade See Federal Crop Insurance Corporation Adjustment Assistance: See Forest Service Chesapeake Hardwood Products, Inc.; Chesapeake, VA, 76057 Air Force Department General Motors Corp.; Moraine, OH, 76057–76058 NOTICES Hewlett Packard; Corvallis, OR, 76058 Privacy Act; Systems of Records, 76010–76014 Keeper Corp.; North Windham, CT, Lawrenceville, GA, Smyrna, TN, 76058–76059 Centers for Disease Control and Prevention Investigations Regarding Certifications of Eligibility to NOTICES Apply for Worker Adjustment Assistance and Seeking To Evaluate Commercial Products, or Products in Alternative Trade Adjustment Assistance, 76059–76061 Development, for In Vitro Serological Diagnosis of Negative Determination Regarding Application for Pertussis, 76031–76032 Reconsideration: CBC Latrobe Acquisition, LLC; Latrobe, PA, 76061–76062 Cencorp, LLC; Longmont, CO, 76062 Centers for Medicare & Medicaid Services Termination of Investigation: NOTICES Bowling Green Metalforming; Bowling Green, KY, 76062 Agency Information Collection Activities; Proposals, Dakkota Integrated Systems; Chicago, IL, 76062–76063 Submissions, and Approvals, 76032–76034 Entegris, Inc.; Chaska, MN, 76063 Genwove U.S. Ltd; Indian Trail, NC, 76063 Coast Guard Signa Group Inc. d/b/a Whitehall Industries, Inc.; RULES Ludington, MI, 76063 Special Anchorage Area ‘‘A’’, Boston Harbor, MA, 75951– 75953 Energy Department PROPOSED RULES See Federal Energy Regulatory Commission Safety Zones: See Western Area Power Administration Desert Storm Exhibition Run; Lake Havasu, Lake Havasu City, AZ, 75980–75983 Environmental Protection Agency RULES Commerce Department Acid Rain Program Rules; Rulemaking to Reaffirm the See Industry and Security Bureau Promulgation of Revisions, 75954–75968 PROPOSED RULES See International Trade Administration Acid Rain Program Rules; Rulemaking to Reaffirm the See National Oceanic and Atmospheric Administration Promulgation of Revisions, 75983–75986 See National Telecommunications and Information Adequacy of Iowa Municipal Solid Waste Landfill Permit Administration Program, 75986–75988 See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Defense Department Submissions, and Approvals: See Air Force Department Foreign Purchaser Acknowledgment Statement of See Navy Department Unregistered Pesticides, 76025–76026 NOTICES Meetings: Agency Information Collection Activities; Proposals, Clean Air Act Advisory Committee, 76027 Submissions, and Approvals: Federal Acquisition Regulation; Evaluation of Export Federal Aviation Administration Offers, 76003–76004 RULES Federal Acquisition Regulation; U.S.-Flag Air Carriers Amendment to Class E Airspace: Certification, 76004–76005 Rutland, VT, 75936–75938 Privacy Act; Systems of Records, 76005–76010 Summerville, WV, 75938–75939

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Establishment of Class E Airspace: Forest Service Clewiston, FL, 75939–75941 NOTICES Russellville, AL, 75941–75942 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Airworthiness Directives: Role of Communities in Stewardship Contracting Hawker Beechcraft Corporation Models 1900, 1900C, and Projects, 75996 1900D Airplanes, 75977–75979 Environmental Impact Statements; Availability, etc.: NOTICES Chequamegon-Nicolet National Forest; WI; Northwest Meetings: Sands Project, 75996–75998 RTCA Special Committee 205/EUROCAE Working Group Escalante Ranger District, Dixie National Forest; UT; 71; Software Considerations in Aeronautical Systems, Pockets Resource Management, 75998–75999 76088 RTCA Special Committee 220; Automatic Flight General Services Administration Guidance and Control, 76087–76088 NOTICES Special Committee 213/EUROCAE; Enhanced Flight Agency Information Collection Activities; Proposals, Vision Systems/Synthetic Vision Systems (EFVS/ Submissions, and Approvals: SVS), EUROCAE Working Group 79 (WG-79), 76088– Acquisition Regulation; Contract Administration, Quality 76089 Assurance, 76031 Federal Acquisition Regulation; Evaluation of Export Federal Crop Insurance Corporation Offers, 76003–76004 NOTICES Federal Acquisition Regulation; U.S.-Flag Air Carriers Community Outreach and Assistance Partnership Program; Certification, 76004–76005 Request for Applications, 75990–75996 Health and Human Services Department Federal Election Commission See Centers for Disease Control and Prevention NOTICES See Centers for Medicare & Medicaid Services Meetings; Sunshine Act, 76027 See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Federal Energy Regulatory Commission NOTICES Health Resources and Services Administration Combined Notice of Filings, 76023–76024 NOTICES National Vaccine Injury Compensation Program: Federal Highway Administration Revised Amount of the Average Cost of a Health NOTICES Insurance Policy, 76037 Environmental Impact Statements; Availability, etc.: Wayne County, MI; Detroit River International Crossing Homeland Security Department Study; Clarification, 76089 See Coast Guard Final Federal Agency Actions on Proposed Highway in the See U.S. Citizenship and Immigration Services State of Utah, 76089–76091 NOTICES Surface Transportation Project Delivery Pilot Program; Meetings: Caltrans Audit Report, 76091–76096 National Infrastructure Advisory Council, 76038

Federal Railroad Administration Housing and Urban Development Department NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Applications for SAFETEA-LU Magnetic Levitation Submissions, and Approvals: Project Selection, 76096 Disaster Housing Assistance Program (DHAP) Incremental Rent Transition Study, 76040–76041 Inspector Candidate Assessment Questionnaire, 76041– Federal Reserve System 76042 NOTICES Agency Information Collection Activities; Proposals, Industry and Security Bureau Submissions, and Approvals, 76027–76031 RULES Export Administration Regulations: Authority Citations Food and Drug Administration Updates and Technical Corrections, 75942–75946 NOTICES Agency Information Collection Activities; Proposals, Interior Department Submissions, and Approvals: See Land Management Bureau Experimental Study of the Impact of Coupons Embedded See Minerals Management Service in Direct-to-Consumer Prescription Drug Print See National Park Service Advertisements, 76034–76037 See Surface Mining Reclamation and Enforcement Office

Foreign Assets Control Office Internal Revenue Service NOTICES RULES Additional Designation of Individuals Pursuant to Guidance Regarding the Treatment of Stock of a Controlled Executive Order (13224), 76097–76098 Corporation Under Section 355(a)(3)(B), 75946–75951

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PROPOSED RULES Magnuson-Stevens Act Provisions; Limited Access Privilege Guidance Regarding the Treatment of Stock of a Controlled Programs; Individual Fishing Quota Referenda Corporation Under Section 355(a)(3)(B), 75979–75980 Guidelines and Procedures: New England Fishery Management Council, the Gulf of International Trade Administration Mexico Fishery Management Council, and the NOTICES National Marine Fisheries Service, 75968–75975 Export Trade Certificate of Review, 75999–76001 Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries Labor Department of the Exclusive Economic Zone Off Alaska: See Employment and Training Administration Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Land Management Bureau Recordkeeping and Reporting; Permits, 76136–76190 NOTICES PROPOSED RULES Alaska Native Claims Selection, 76042 Swordfish Imports; Receipt of a Petition for Rulemaking to Coal Exploration License: Implement the Provisions of the Marine Mammal Wyoming, 76042 Protection Act, 75988–75989 Meetings: NOTICES Central California Resource Advisory Council Off- Federal Consistency Appeal: Highway Vehicle Subcommittee, 76042–76043 Broadwater Energy LLC and Broadwater Pipeline LLC, Proposed Reinstatement of Terminated Oil and Gas Lease 76001–76002 (OKNM 113435), 76043 Realty Action: National Park Service Competitive Sale of Public Lands in San Bernardino NOTICES County, CA, 76043–76045 Environmental Impact Statements; Availability, etc.: Proposed Sale of Public Land, California, 76045–76046 Draft Elk Management Plan for Theodore Roosevelt Realty Actions: National Park, ND, 76053–76054 Proposed Sale of Public Land, California, 76046–76047 General Management Plan (GMP) for Chickamauga and Chattanooga National Military Park in Tennessee and Maritime Administration Georgia, 76054–76055 NOTICES Sleeping Bear Dunes National Lakeshore, MI; Final Marine War Risk Insurance (Under 46 U.S.C Ch. 539), General Management Plan/Wilderness Study, 76055 76096 White-tailed Deer Management Plan, Catoctin Mountain Park, MD, 76055–76056 Minerals Management Service NOTICES National Telecommunications and Information Agency Information Collection Activities; Proposals, Administration Submissions, and Approvals, 76047–76051 Environmental Impact Statements; Availability, etc.: NOTICES Proposed Oil, Gas, and Mineral Operations by the Gulf of Agency Information Collection Activities; Proposals, Mexico Outer Continental Shelf (OCS) Region, Submissions, and Approvals: 76051–76053 Low-Power Television and Translator Digital Upgrade Program Application Form, 76002 National Aeronautics and Space Administration Spectrum Sharing Innovation Test-Bed Pilot Program, NOTICES 76002–76003 Agency Information Collection Activities; Proposals, Navy Department Submissions, and Approvals: Federal Acquisition Regulation; Evaluation of Export NOTICES Government-Owned Inventions; Available for Licensing, Offers, 76003–76004 76014 Federal Acquisition Regulation; U.S.-Flag Air Carriers Certification, 76004–76005 Patent and Trademark Office NOTICES National Credit Union Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 76003 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76063 Railroad Retirement Board NOTICES National Institutes of Health Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 76063–76066 Meetings: National Heart, Lung, and Blood Institute, 76037 Securities and Exchange Commission National Human Genome Research Institute, 76037 RULES Amendment to Municipal Securities Disclosure, 76104– National Oceanic and Atmospheric Administration 76133 RULES NOTICES Fisheries Off West Coast States: Agency Information Collection Activities; Proposals, Modifications of the West Coast Commercial and Submissions, and Approvals, 76066–76070 Recreational Salmon Fisheries; Inseason Actions, Applications: 75975–75976 TWB Investment Partnership, L.P., et al., 76070–76075

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Meetings; Sunshine Act, 76075 U.S. Citizenship and Immigration Services Self-Regulatory Organizations; Proposed Rule Changes: NOTICES Chicago Board Options Exchange, Inc., 76075–76078 Agency Information Collection Activities; Proposals, International Securities Exchange, LLC, 76078–76081 Submissions, and Approvals, 76038–76039 New York Stock Exchange LLC, 76081–76084 Automatic Extension of Employment Authorization NYSE Arca, Inc., 76084–76085 Documentation for Salvadoran Temporary Protected Status Beneficiaries, 76039–76040 State Department NOTICES Veterans Affairs Department Culturally Significant Objects Imported for Exhibition NOTICES Determinations: Agency Information Collection Activities; Proposals, Cezanne and Beyond, 76085 Submissions, and Approvals Munich Secession and America, 76085 Application in Acquiring Specially Adapted Housing or Pride of Place: Dutch Cityscapes of the Golden Age, Special Home Adaptation Grant, 76099 76085–76086 Certification of Change or Correction of Name, 76099– Tales in Sprinkled Gold: Japanese Lacquer for European 76100 Collectors, 76086 Interest Rate Reduction Refinancing Loan Worksheet, International Boundary Between the United States and 76098–76099 Mexico: Notice of Lapse - Government Life Insurance, 76100 Issuance of a Presidential Permit Authorizing the Report Transfer of Custody Event, 76100–76101 Construction, Operation, and Maintenance of the VA Enrollment Certification, 76101 Otay Mesa East Border Crossing Near San Diego, CA, 76086–76087 Western Area Power Administration NOTICES Surface Mining Reclamation and Enforcement Office Wind Hydropower Integration Feasibility Study, 76024– NOTICES 76025 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76056 Separate Parts In This Issue Surface Transportation Board NOTICES Part II Control Exemption: Securities and Exchange Commission, 76104–76133 Genesee & Wyoming Inc.; Georgia Southwestern Railroad, Inc., 76097 Release of Waybill Data, 76097 Part III Commerce Department, National Oceanic and Atmospheric Transportation Department Administration, 76136–76190 See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration Reader Aids See Maritime Administration Consult the Reader Aids section at the end of this issue for See Surface Transportation Board phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Treasury Department See Foreign Assets Control Office To subscribe to the Federal Register Table of Contents See Internal Revenue Service LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency Information Collection Activities; Proposals, archives, FEDREGTOC-L, Join or leave the list (or change Submissions, and Approvals, 76097 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.

7 CFR 930...... 75927 946...... 75929 987...... 75931 993...... 75934 14 CFR 71 (4 documents) ...... 75936, 75938, 75939, 75941 Proposed Rules: 39...... 75977 15 CFR 730...... 75942 734...... 75942 736...... 75942 740...... 75942 742...... 75942 743...... 75942 745...... 75942 747...... 75942 754...... 75942 758...... 75942 764...... 75942 766...... 75942 768...... 75942 772...... 75942 774...... 75942 902...... 76136 17 CFR 240...... 76104 26 CFR 1...... 75946 Proposed Rules: 1...... 75979 33 CFR 110...... 75951 Proposed Rules: 165...... 75980 40 CFR 72 (2 documents) ...... 75954, 75959 73 (2 documents) ...... 75954, 75959 74 (2 documents) ...... 75954, 75959 77 (2 documents) ...... 75954, 75959 78 (2 documents) ...... 75954, 75959 Proposed Rules: 72...... 75983 73...... 75983 74...... 75983 77...... 75983 78...... 75983 239...... 75986 258...... 75986 50 CFR 600...... 75968 660...... 75975 679...... 76136 680...... 76136 Proposed Rules: 216...... 75988

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Rules and Regulations Federal Register Vol. 73, No. 241

Monday, December 15, 2008

This section of the FEDERAL REGISTER business hours or can be viewed at: the petition, provided an action is filed contains regulatory documents having general http://www.regulations.gov. not later than 20 days after the date of applicability and legal effect, most of which FOR FURTHER INFORMATION CONTACT: the entry of the ruling. are keyed to and codified in the Code of Patricia A. Petrella or Kenneth G. This action changes the fiscal period Federal Regulations, which is published under from July 1 through June 30 to October 50 titles pursuant to 44 U.S.C. 1510. Johnson, Marketing Order Administration Branch, F&V, AMS, 1 through September 30. This action The Code of Federal Regulations is sold by USDA, Unit 155, 4700 River Road, was unanimously recommended by the the Superintendent of Documents. Prices of Riverdale, Maryland 20737, telephone: Cherry Industry Administrative Board new books are listed in the first FEDERAL (301) 734–5243; Fax: (301) 734–5275 or (Board) at its June 19, 2008 meeting. REGISTER issue of each week. E-mail at [email protected] or Section 930.7 of the order currently [email protected]. defines fiscal period as the 12-month Small businesses may request period beginning on July 1 of any year DEPARTMENT OF AGRICULTURE information on complying with this and ending on June 30 of the following regulation by contacting Jay Guerber, year or such other period as the Board, Agricultural Marketing Service Marketing Order Administration with approval of the Secretary, may Branch, Fruit and Vegetable Programs, establish. 7 CFR Part 930 AMS, USDA, 1400 Independence According to the Board, the July Avenue, SW., STOP 0237, Washington, [Docket No. AMS–FV–08–0066; FV08–930– through June fiscal period is 2 IFR] DC 20250–0237; telephone: (202) 720– inconsistent with needs of the industry, 2491; Fax: (202) 720–8938, or E-mail: the Board’s changed activities, and its Tart Cherries Grown in the States of [email protected]. cash flow. Michigan, et al.; Change to Fiscal SUPPLEMENTARY INFORMATION: This rule The Board’s and industry’s activities Period is issued under Marketing Order No. have changed since the order’s 930 (7 CFR part 930) (order) regulating inception. Initially, Board’s activities AGENCY: Agricultural Marketing Service, the handling of tart cherries grown in consisted primarily of the USDA. the States of Michigan, New York, administrative duties associated with ACTION: Interim final rule with request Pennsylvania, Oregon, Utah, the marketing order, and relatively for comments. Washington, and Wisconsin. The order moderate expenditures were incurred is effective under the Agricultural for that purpose. The Board and SUMMARY: This rule changes the fiscal industry’s focus has recently changed to period prescribed under the tart cherry Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter include promotional activities, and marketing order (order). The order annual expenditures have increased regulates the handling of tart cherries referred to as the ‘‘Act.’’ The Department of Agriculture significantly. The majority of the grown in Michigan, New York, (USDA) is issuing this rule in Board’s expenditures are now used on Pennsylvania, Oregon, Utah, conformance with Executive Order promotional activities. Changing the Washington and Wisconsin and is 12866. This rule has been reviewed Board’s fiscal period allows the Board to administered locally by the Cherry under Executive Order 12988, Civil better coordinate with its promotion Industry Administrative Board (Board). Justice Reform. This rule is not intended activites and to make its fiscal cycle The fiscal period is changed from July to have retroactive effect. This rule will consistent with its major program 1 through June 30 to October 1 through not preempt any State or local laws, expenditures. September 30. This will improve the regulations, or policies, unless they In addition, changing the fiscal period administration and the fiscal operation present an irreconcilable conflict with brings the Board’s collection of of the Board. this rule. assessment revenues into line with DATES: Effective date December 16, The Act provides that administrative program expenses. Handler assessments, 2008. Comments received by February proceedings must be exhausted before which fund program expenses, are 13, 2009 will be considered prior to parties may file suit in court. Under collected in October. This changed issuance of a final rule. section 608c(15)(A) of the Act, any fiscal period thus enables the Board to ADDRESSES: Interested persons are handler subject to an order may file receive its funding at the beginning of invited to submit written comments with USDA a petition stating that the its fiscal period so the revenue to fund concerning this rule. Comments must be order, any provision of the order, or any program expenses is available when sent to the Docket Clerk, Marketing obligation imposed in connection with needed. The Board believes it can Order Administration Branch, Fruit and the order is not in accordance with law increase its operational efficiency by Vegetable Programs, AMS, USDA, 1400 and request a modification of the order making its fiscal period consistent with Independence Avenue, SW., STOP or to be exempted therefrom. A handler its promotional activities. An October 0237, Washington, DC 20250–0237; Fax: is afforded the opportunity for a hearing through September fiscal period also (202) 720–8938, or Internet: http:// on the petition. After the hearing, USDA brings revenue collection in line with www.regulations.gov. All comments would rule on the petition. The Act funding needs of the program. should reference the docket number and provides that the district court of the Therefore, changing the fiscal period the date and page number of this issue United States in any district in which from July through June to October of the Federal Register and will be the handler is an inhabitant, or has his through September will improve the available for public inspection in the or her principal place of business, has administration and fiscal operation of Office of the Docket Clerk during regular jurisdiction to review USDA’s ruling on the Board.

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The Regulatory Flexibility Act and annually. With grower returns of about committees to review certain issues and Effects on Small Businesses 25 cents per pound, average annual make recommendations. Finally, Pursuant to requirements set forth in revenues would be $96,497. At 25 cents interested persons are invited to submit the Regulatory Flexibility Act (RFA), the per pound, a grower would have to comments on this interim final rule, Agricultural Marketing Service (AMS) produce 3 million pounds of tart including the regulatory and has considered the economic impact of cherries to reach the $750,000 receipt informational impacts of this action on this action on small entities. threshold to be classified as a large small businesses. entity using the SBA definition for Accordingly, AMS has prepared this A small business guide on complying initial regulatory flexibility analysis. agricultural producers. According to Cherry Industry Administrative Board with fruit, vegetable, and specialty crop The purpose of the RFA is to fit marketing agreements and orders may regulatory actions to the scale of data, not more than 9 growers (1 percent of the average number of growers) be viewed at the following Web site: business subject to such actions in order http://www.ams.usda.gov/AMSv1.0/ that small businesses will not be unduly produced 3 million pounds or more of tart cherries during the 2005–2007 crop ams.fetch or disproportionately burdened. years, and those growers would be TemplateData.do?template=Template Marketing orders issued pursuant to the classified as large. The remaining 99 N&page=MarketingOrdersSmall Act, and rules issued thereunder, are percent of growers would be classified unique in that they are brought about BusinessGuide. Any questions about the as small entities. through group action of essentially compliance guide should be sent to Jay This action changes the fiscal period Guerber at the previously mentioned small entities acting on their own from July 1 through June 30 to October behalf. Thus, both statutes have small address in the FOR FURTHER INFORMATION 1 to through September 30. This action CONTACT section. entity orientation and compatibility. is administrative in nature and will There are approximately 40 handlers have little impact on producers or This rule invites comments on of tart cherries who are subject to handlers. It will allow the Board to changing the fiscal period prescribed regulation under the tart cherry increase its operational efficiency by under the tart cherry marketing order. marketing order and approximately 900 making its fiscal period consistent with Any comments received will be producers of tart cherries in the its promotional activities. It will also considered prior to finalization of this regulated area. Small agricultural bring revenue collection in line with rule. service firms are defined by the Small funding needs of the program. Changing After consideration of all relevant Business Administration (SBA) (13 CFR the fiscal period from July through June 121.201) as those having annual receipts matter presented, including the to October through September will information and recommendation of less than $7,000,000, and small improve the administration and fiscal agricultural producers are defined as submitted by the Board, and other operation of the Board. available information, it is hereby found those having annual receipts of less than One alternative to this action would $750,000. be to continue the status quo. However, that this interim final rule, as A majority of the producers and this would not improve program hereinafter set forth, will tend to handlers are considered small entities administration inconsistencies in the effectuate the declared policy of the Act. under SBA’s standards. There were 37 Board’s fiscal operations. Pursuant to 5 U.S.C. 553, it is also handlers operating during the 2007– This rule will not impose any found and determined upon good cause 2008 season, the last completed crop additional reporting or recordkeeping that it is impracticable, unnecessary, year. Eight of these handlers, requirements on either small or large and contrary to the public interest to representing 20.5 percent of all handlers tart cherry handlers. As with all Federal give preliminary notice prior to putting and 69.3 percent of production, marketing order programs, reports and this rule into effect and that good cause processed more than 10 million pounds forms are periodically reviewed to exists for not postponing the effective of cherries. Six handlers, representing reduce information requirements and date of this rule until 30 days after 15.4 percent of all handlers and 16.9 duplication by industry and public percent of production, processed more publication in the Federal Register sector agencies. because: (1) This rule has little or no than 5 million pounds and less than 10 AMS is committed to complying with effect on industry operations; (2) this million pounds of cherries. Seven the E-Government Act, to promote the handlers, representing 17.9 percent of use of the Internet and other rule improves program administration all handlers and 9.6 percent of information technologies to provide and fiscal operations of the Board; (3) production, processed between 2.1 and increased opportunities for citizen the Board unanimously recommended 5 million pounds of cherries. The 16 access to Government information and the change at a public meeting and remaining handlers, representing 43.2 services, and for other purposes. interested parties had an opportunity to percent of all handlers and 4.1 percent In addition, USDA has not identified provide input; and (4) this rule provides of production, processed less than 2 any relevant Federal rules that a 60-day comment period and any million pounds of cherries. Handlers duplicate, overlap or conflict with this comments will be considered prior to accounting for 10 million pounds or rule. finalization of this rule. more cherries would be classified as Further, the Board’s meeting was large businesses. Thus, a majority of tart widely publicized and all Board List of Subjects in 7 CFR Part 930 cherry handlers (79.5 percent by members and alternate Board members, Tart cherries, Marketing agreements, number) could be classified as small representing both large and small Reporting and recordkeeping entities. entities, were invited to attend the requirements. During the 3-year period 2005–2007, meeting and participate in Board production of tart cherries averaged 259 deliberations. The Board itself is ■ For the reasons set forth in the million pounds. Dividing the total composed of 19 members, of which 18 preamble, 7 CFR part 930 is amended as production by the average number of members are growers and handlers and follows: growers, the average grower produces one represents the public. Also, the about 386,000 pounds of tart cherries Board has a number of appointed

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PART 930—TART CHERRIES GROWN for Grades of Potatoes which added a USDA is issuing this rule in IN THE STATES OF MICHIGAN, NEW definition for Creamer potatoes. This conformance with Executive Order YORK, PENNSYLVANIA, OREGON, change is intended to provide potato 12866. UTAH, WASHINGTON, AND handlers with greater marketing This rule has been reviewed under WISCONSIN flexibility, growers with increased Executive Order 12988, Civil Justice returns, consumers with a greater Reform. This rule is not intended to ■ 1. The authority citation for 7 CFR supply of small potatoes, and to bring have retroactive effect. This rule will part 930 continues to read as follows: the section 8e potato import regulation not preempt any State or local laws, Authority: 7 U.S.C. 601–674. into conformity with the marketing regulations, or policies, unless they order. present an irreconcilable conflict with ■ 2. Section 930.107 is added to read as this rule. follows: DATES: Effective Date: January 14, 2009. The Act provides that administrative FOR FURTHER INFORMATION CONTACT: § 930.107 Fiscal period. proceedings must be exhausted before Teresa Hutchinson or Gary Olson, parties may file suit in court. Under Pursuant to § 930.7, fiscal period shall Northwest Marketing Field Office, section 608c(15)(A) of the Act, any mean the period beginning October 1 Marketing Order Administration handler subject to an order may file and ending September 30 of each year. Branch, Fruit and Vegetable Programs, with USDA a petition stating that the Dated: December 9, 2008. AMS, USDA, Telephone: (503) 326– order, any provision of the order, or any James E. Link, 2724, Fax: (503) 326–7440, or e-mail: obligation imposed in connection with Administrator, Agricultural Marketing [email protected] or the order is not in accordance with law Service. [email protected]. and request a modification of the order [FR Doc. E8–29599 Filed 12–12–08; 8:45 am] Small businesses may request or to be exempted therefrom. A handler BILLING CODE 3410–02–P information on complying with this is afforded the opportunity for a hearing regulation by contacting Jay Guerber, on the petition. After the hearing, USDA Marketing Order Administration would rule on the petition. The Act DEPARTMENT OF AGRICULTURE Branch, Fruit and Vegetable Programs, provides that the district court of the AMS, USDA, 1400 Independence United States in any district in which Agricultural Marketing Service Avenue, SW., STOP 0237, Washington, the handler is an inhabitant, or has his DC 20250–0237; Telephone: (202) 720– or her principal place of business, has 7 CFR Part 946 2491, Fax: (202) 720–8938, or e-mail: jurisdiction to review USDA’s ruling on [Docket No. AMS–FV–08–0036; FV08–946– [email protected]. the petition, provided an action is filed 1 FIR] not later than 20 days after the date of SUPPLEMENTARY INFORMATION: This rule the entry of the ruling. is issued under Marketing Order No. Irish Potatoes Grown in Washington; There are no administrative 946, as amended (7 CFR part 946), Relaxation of Handling and Import procedures which must be exhausted regulating the handling of Irish potatoes Regulations prior to any judicial challenge to the grown in Washington, hereinafter provisions of import regulations issued AGENCY: Agricultural Marketing Service, referred to as the ‘‘order.’’ The order is under section 8e of the Act. USDA. effective under the Agricultural This rule continues in effect the ACTION: Final rule. Marketing Agreement Act of 1937, as action that relaxed the size required for amended (7 U.S.C. 601–674), hereinafter all fresh market red, yellow fleshed, and SUMMARY: The Department of referred to as the ‘‘Act.’’ white types of potatoes produced in Agriculture (USDA) is adopting, as a This rule is also issued under section Washington State from 1 inch (25.4 mm) final rule, without change, an interim 8e of the Act, which provides that to 3⁄4 inch (19.1 mm) minimum, if the final rule relaxing the size requirement whenever certain specified potatoes otherwise meet the prescribed under the Washington potato commodities, including potatoes, are requirements of U.S. No. 1 grade. This marketing order. The marketing order regulated under a Federal marketing change is intended to provide potato regulates the handling of Irish potatoes order, imports of these commodities handlers with greater marketing grown in Washington, and is into the United States are prohibited flexibility, growers with increased administered locally by the State of unless they meet the same or returns, and consumers with a greater Washington Potato Committee comparable grade, size, quality, or supply of small potatoes. This rule also (Committee). This rule continues in maturity requirements as those in effect continues in effect the action that effect the action that relaxed the for the domestically produced relaxed the minimum size requirement minimum size required for all fresh commodities. Section 8e also provides from July 1 through September 30 of market red, yellow fleshed, and white that whenever two or more marketing each year for imported red-skinned, types of potatoes from 1 inch (25.4 mm) orders regulating the same commodity round type potatoes under the import to 3⁄4 inch (19.1 mm) in diameter, if the produced in different areas of the regulations as required by section 8e of potatoes otherwise meet the United States are concurrently in effect, the Agricultural Marketing Agreement requirements of U.S. No. 1 grade. This a determination must be made as to Act of 1937. This rule will not affect the rule also continues in effect the action which of the areas produces the current import requirements for all that relaxed the minimum size commodity in most direct competition other round type or long type potatoes. requirement from July 1 through with the imported commodity. Imports Section 946.52 of the order authorizes September 30 of each year for imported must meet the same or comparable the establishment of grade, size, quality, red-skinned, round type potatoes under requirements established for that or maturity regulations for any variety the import regulations as required by particular area. The requirements for or varieties of potatoes grown in the section 8e of the Agricultural Marketing red-skinned, round type potatoes production area. Section 946.52 also Agreement Act of 1937. The Committee imported from July 1 through September authorizes the regulation of the size, recommended this change in response 30 are based on the Washington potato capacity, weight, dimensions, pack, and to the recently revised U.S. Standards marketing order requirements. marking or labeling of the container, or

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containers, which may be used in the premium prices. Decreasing the AMS has prepared this final regulatory packing or handling of potatoes, or both. minimum size requirement from 1 inch flexibility analysis. Section 946.51 further authorizes the to 3⁄4 inch will help handlers in The purpose of the RFA is to fit modification, suspension, or Washington meet the needs of their regulatory actions to the scale of termination of regulations issued under customers. business subject to such actions in order § 946.52. Section 946.60 provides that Committee statistics show that that small businesses will not be unduly whenever potatoes are regulated approximately 25 percent (2,483,219 or disproportionately burdened. pursuant to § 946.52 such potatoes must hundredweight) of fresh market Marketing orders issued pursuant to the be inspected by the Federal or Federal- Washington potatoes (9,932,874 Act, and rules issued thereunder, are State Inspection Service, and certified as hundredweight) are red, yellow fleshed unique in that they are brought about meeting the applicable requirements of and white types of potatoes. The through group action of essentially such regulations. relaxation in the size requirement is small entities acting on their own Section 946.336 of the order’s expected to increase the volume of red, behalf. administrative rules and regulations yellow fleshed, and white types of Import regulations issued under the prescribes the quality, size, maturity, potatoes that meet minimum size Act are based on regulations established cleanness, pack, and inspection requirements. Shipping a larger portion under Federal marketing orders which requirements for fresh market of the crop to market would help meet regulate the handling of domestically Washington potatoes. Section consumer demand and is expected to produced products. 946.336(a)(2) prescribes the size increase returns to growers. Currently, there are approximately 45 requirements. Relevant import As mentioned earlier, section 8e of handlers of Washington potatoes who regulations are contained in § 980.1 and the Act provides that when certain are subject to regulation under the § 980.501 of the vegetable import domestically produced commodities, marketing order and approximately 267 regulations. including potatoes, are regulated under potato producers in the regulated area. During a video conference meeting a Federal marketing order, imports of Small agricultural service firms are held on April 16, 2008, with a follow- that commodity must meet the same or defined by the Small Business up mail vote, the Committee comparable grade, size, quality, and Administration (SBA) (13 CFR 121.201) unanimously recommended changing maturity requirements. Section 8e also as those having annual receipts of less the minimum size requirement for all provides that whenever two or more than $7,000,000, and small agricultural U.S. No. 1 grade fresh market red, marketing orders regulating the same producers are defined as those having yellow fleshed, and white types of commodity produced in different areas annual receipts of less than $750,000. potatoes produced under the order from of the United States are concurrently in During the 2006–2007 marketing year, 1 inch to 3⁄4 inch in diameter. effect, a determination must be made as 9,932,874 hundredweight of The Committee recommended this to which of the areas produces the Washington potatoes were inspected change in response to the recently commodity in most direct competition under the order and sold into the fresh revised U.S. Standards for Grades of with the imported commodity. Imports market by 43 handlers, according to Potatoes (Standards) which became must meet the requirements established Committee data. The Committee reports effective on April 21, 2008 (73 FR for that particular area. that an industry consensus estimate of 15051, March 21, 2008). The revised Grade, size, quality, and maturity an average fresh potato f.o.b. price is Standards added a definition for regulations have been issued regularly $8.45 per hundredweight. Multiplying Creamer potatoes. The revised under marketing orders No. 945 (Idaho- the 2006–2007 fresh shipments of Standards define the Creamer size Eastern Oregon potatoes), No. 948 9,932,874 hundredweight by the average designation as 3⁄4 inch minimum (Colorado potatoes, Area No. 2 and Area f.o.b. price of $8.45 yields a handler- diameter and 15⁄8 inch maximum No. 3), No. 946 (Washington potatoes), level fresh market crop value of $83.933 diameter with no minimum or and No. 953 (Southeastern potatoes) million. Dividing $83.933 million by 43 maximum weight. since the marketing orders were handlers gives an average annual sales Before the Standards were revised to established. Section 980.1 of the value per handler estimate of about include a Creamer size designation, vegetable import regulations specifies $1.952 million. The Committee various states developed their own that import requirements for potatoes estimates that 41, or about 95 percent of standards for Creamer potatoes in an are to be based on the seasonal these 43 handlers, had annual receipts attempt to meet the increasing consumer categories of potatoes produced in all of less than $7,000,000. demand for small potatoes. The marketing order areas. In that regard, A comparable computation can be Washington potato industry had imported red-skinned, round type made to estimate annual average previously considered Creamer potatoes potatoes must meet the requirements of revenue per producer. Based on to have a 1 inch minimum diameter. the Washington potato marketing order information provided by the National The Committee recommended reducing during the months of July through Agricultural Statistics Service, the 2006 the minimum diameter to 3⁄4 inch so September and the Area No. 2 Colorado season average producer price for that the handling regulation would potato marketing order during the Washington potatoes was $6.25 per correspond with the revised Standards months of October through the hundredweight. Multiplying the 2006– and to ensure that the industry was following June. This rule will not affect 2007 fresh shipments of 9,932,874 being responsive to the desires of the current import requirements for all hundredweight by the average producer consumers. The Committee also believes other round type or long type potatoes. price of $6.25 provides a producer-level that inconsistency between what was fresh market crop value of $62.08 marketed in Washington as Creamer Final Regulatory Flexibility Analysis million. Dividing $62.08 million by 267 potatoes and what the Standards specify Pursuant to requirements set forth in Washington potato producers yields an as Creamer potatoes would have caused the Regulatory Flexibility Act (RFA) (5 average annual fresh market sales value confusion in the marketplace. U.S.C. 601–612), the Agricultural per producer of approximately Within the past several years, Marketing Service (AMS) has $232,500. consumer demand has increased for considered the economic impact of this In view of the foregoing, it can be small potatoes which often command action on small entities. Accordingly, concluded that the majority of the

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Washington potato producers and By providing Washington handlers Register. That rule provided for a 60-day handlers may be classified as small the flexibility to pack the smaller red, comment period which ended entities. Although it is not known how yellow fleshed, and white types of November 10, 2008. No comments were many importers of potatoes may be potatoes, the Committee believes the received. classified as small entities, we believe industry will remain competitive in the A small business guide on complying that many of the importers of potatoes marketplace. The Creamer potato market with fruit, vegetable, and specialty crop can be classified as such. is a premium market and this action is marketing agreements and orders may This rule continues in effect the expected to further increase sales of be viewed at: http://www.ams.usda.gov/ action that decreased the minimum size Washington Creamer potatoes to benefit AMSv1.0/ams.fetchTemplateData.do? required for all fresh market red, yellow the Washington potato industry. The template=Template fleshed, and white types of potatoes benefits of this rule are not expected to N&page=MarketingOrders produced under the order from 1 inch be disproportionately greater or lesser SmallBusinessGuide. Any questions to 3⁄4 inch in diameter, if they otherwise for small entities than large entities. about the compliance guide should be meet the requirements of U.S. No. 1 The Committee discussed several sent to Jay Guerber at the previously grade. This change enables handlers alternatives to this recommendation, mentioned address in the FOR FURTHER with the ability to respond to the including not changing the minimum INFORMATION CONTACT section. consumer demand for small potatoes. size requirement. However, the In accordance with section 8e of the As provided under section 8e of the Act, Committee believes that it is important Act, the United States Trade this change will also apply to all that the Washington potato handling Representative has concurred with the imported red-skinned, round type regulations be consistent with the issuance of this rule. potatoes between July 1 through revised Standards to reduce confusion After consideration of all relevant September 30 of each year. While no during the inspection and marketing of material presented, including the change will be required in the language these types of potatoes. The Committee Committee’s recommendation, and of § 980.1, all imported red-skinned, also determined that relaxing the other information, it is found that round type potatoes from July 1 through minimum size requirement for these finalizing the interim final rule, without September 30 will be required to meet potatoes will provide the greatest change, as published in the Federal the minimum size requirement of 3⁄4 benefit to the industry by augmenting Register (73 FR 52573, September 10, inch in diameter. the developing market for small 2008) will tend to effectuate the The authority for the grade and size potatoes and increasing grower returns. declared policy of the Act. requirements is provided in § 946.52 of AMS is committed to complying with the order. Section 946.336(a)(2) of the the E-government Act, to promote the List of Subjects in 7 CFR Part 946 order’s administrative rules and use of the Internet and other Marketing agreements, Potatoes, regulations prescribes the size information technologies to provide Reporting and recordkeeping requirement. Relevant import increased opportunities for citizen requirements. regulations are contained in § 980.1 and access to Government information and § 980.501 of the vegetable import services, and for other purposes. PART 946—IRISH POTATOES GROWN regulations. This rule will not impose any IN WASHINGTON Regarding the impact of this rule on additional reporting or recordkeeping affected entities, relaxing the size requirements on either small or large ■ Accordingly, the interim final rule required for these potatoes is expected potato handlers. As with all Federal amending 7 CFR part 946 which was to benefit handlers, importers and marketing order programs, reports and published at 73 FR 52573 on September growers. There should be no extra cost forms are periodically reviewed to 10, 2008, is adopted as a final rule to producers or handlers because reduce information requirements and without change. current harvesting and handling duplication by industry and public Dated: December 8, 2008. methods can accommodate the sorting sector agencies. In addition, as noted in James E. Link, of these smaller potatoes. By relaxing the initial regulatory flexibility analysis, the minimum size required for these Administrator, Agricultural Marketing USDA has not identified any relevant Service. potatoes, a greater quantity of potatoes Federal rules that duplicate, overlap or [FR Doc. E8–29600 Filed 12–12–08; 8:45 am] will meet the order’s handling conflict with this rule. regulations and the import regulations. Further, the Committee’s meeting was BILLING CODE 3410–02–P This could translate into an increased widely publicized throughout the market for small potatoes and greater Washington potato industry and all DEPARTMENT OF AGRICULTURE returns for handlers, importers, and interested persons were invited to growers. participate in Committee deliberations. Agricultural Marketing Service As small potatoes have grown in Like all Committee meetings, the April popularity with consumers, the market 16, 2008, meeting was a public meeting 7 CFR Part 987 demand has outpaced the quantity of and all entities, both large and small, small, high quality potatoes available were able to express views on this issue. [Docket No. AMS–FV–08–0056; FV08–987– from Washington. The Committee In addition, the World Trade 1 FIR] believes that a relaxation in the size Organization and known importers of Domestic Dates Produced or Packed in requirement will increase the available potatoes will be notified of this action. Riverside County, CA; Decreased supply of small potatoes. The small An interim final rule concerning this Assessment Rate potato market is a minor segment of the action was published in the Federal Washington potato market. As such, the Register on September 10, 2008. Copies AGENCY: Agricultural Marketing Service, Committee believes that these small of this rule were mailed by Committee USDA. potatoes do not compete directly with staff to all Committee members and ACTION: Final rule. most of the fresh market potatoes and potato handlers. In addition, the rule that this action will not adversely affect was made available through the Internet SUMMARY: The Department of the overall Washington potato market. by USDA and the Office of the Federal Agriculture (USDA) is adopting, as a

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final rule, without change, an interim The Act provides that administrative larger reserve. Income generated final rule which decreased the proceedings must be exhausted before through the lower assessment rate assessment rate established for the parties may file suit in court. Under combined with reserve funds should be California Date Administrative section 608c(15)(A) of the Act, any sufficient to cover anticipated 2008–09 Committee (Committee) for the 2008–09 handler subject to an order may file expenses. and subsequent crop years from $0.75 to with USDA a petition stating that the Section 987.72(c) states that the $0.60 per hundredweight of dates order, any provision of the order, or any reserve may not exceed 50 percent of handled. The Committee locally obligation imposed in connection with the average of expenses incurred during administers the marketing order which the order is not in accordance with law the most recent five preceding crop regulates the handling of dates grown or and request a modification of the order years. With the larger 2007 crop, the packed in Riverside County, California. or to be exempted therefrom. Such reserve at the end of the 2007–08 crop Assessments upon date handlers are handler is afforded the opportunity for year is projected to exceed this limit. used by the Committee to fund a hearing on the petition. After the Excess assessment funds will be reasonable and necessary expenses of hearing, USDA would rule on the refunded to handlers to reduce the the program. The crop year began petition. The Act provides that the reserve and bring it in line with order October 1 and ends September 30. The district court of the United States in any requirements. assessment rate will remain in effect district in which the handler is an Proceeds from sales of cull dates are indefinitely unless modified, inhabitant, or has his or her principal deposited in a surplus account for suspended, or terminated. place of business, has jurisdiction to subsequent use by the Committee in DATES: Effective Date: January 14, 2009. review USDA’s ruling on the petition, covering the surplus pool share of the Committee’s expenses. Handlers may FOR FURTHER INFORMATION CONTACT: provided an action is filed not later than also dispose of cull dates of their own Terry Vawter, Senior Marketing 20 days after the date of the entry of the production within their own livestock- Specialist, or Kurt J. Kimmel, Regional ruling. feeding operation; otherwise, such cull Manager, California Marketing Field This rule continues in effect the dates must be shipped or delivered to Office, Marketing Order Administration action that decreased the assessment the Committee for sale to non-human Branch, Fruit and Vegetable Programs, rate established for the Committee for the 2008–09 and subsequent crop years food product outlets. Pursuant to AMS, USDA; Telephone: (559) 487– from $0.75 per to $0.60 per § 987.72(b), the Committee is authorized 5901, Fax: (559) 487–5906, or E-mail: hundredweight of dates. to temporarily use funds derived from [email protected] or The California date marketing order assessments to defray expenses incurred [email protected]. provides authority for the Committee, in disposing of surplus dates. All such Small businesses may request with the approval of USDA, to formulate expenses are required to be deducted information on complying with this an annual budget of expenses and from proceeds obtained by the regulation by contacting Jay Guerber, collect assessments from handlers to Committee from the disposal of surplus Marketing Order Administration administer the program. The members dates. For the 2008–09 crop year, the Branch, Fruit and Vegetable Programs, of the Committee are producers and Committee estimated that $4,500 from AMS, USDA, 1400 Independence handlers of California dates. They are the surplus account would be needed to Avenue, SW., STOP 0237, Washington, familiar with the Committee’s needs and temporarily defray expenses incurred in DC 20250–0237; Telephone: (202) 720– with the costs for goods and services in disposing of surplus dates. 2491, Fax: (202) 720–8938, or E-mail: their local area, and are thus in a The major expenditures [email protected]. position to formulate an appropriate recommended by the Committee for the SUPPLEMENTARY INFORMATION: This rule budget and assessment rate. The 2008–09 crop year include $66,384 for is issued under Marketing Order No. assessment rate is formulated and general and administrative programs, 987, as amended (7 CFR part 987), discussed in a public meeting. Thus, all $82,000 for promotional programs, and regulating the handling of dates grown directly affected persons have an $28,000 for marketing and media or packed in Riverside County, opportunity to participate and provide consulting. The Committee also California, hereinafter referred to as the input. budgeted $10,000 as a contingency ‘‘order.’’ The order is effective under the For the 2007–08 and subsequent crop reserve for other marketing and Agricultural Marketing Agreement Act years, the Committee recommended, promotion projects that it may wish to of 1937, as amended (7 U.S.C. 601–674), and USDA approved, an assessment rate support later in the year. By hereinafter referred to as the ‘‘Act.’’ that would continue in effect from crop comparison, expenditures USDA is issuing this rule in year to crop year unless modified, recommended by the Committee for the conformance with Executive Order suspended, or terminated by USDA 2007–08 crop year include $87,312 for 12866. upon recommendation and information general and administrative programs, This rule has been reviewed under submitted by the Committee or other $67,870 for promotional programs, Executive Order 12988, Civil Justice information available to USDA. $24,000 for marketing and media Reform. Under the marketing order now The Committee met on May 29, 2008, consulting, $5,000 for moving expenses, in effect, California date handlers are and unanimously recommended 2008– and $5,000 for updating marketing subject to assessments. Funds to 09 expenditures of $176,384 and an materials. The Committee budgeted administer the order are derived from assessment rate of $0.60 per $20,000 as a contingency reserve for such assessments. It is intended that the hundredweight of California dates. In other marketing and promotion projects. assessment rate as issued herein will be comparison, last year’s budgeted The assessment rate of $0.60 per applicable to all assessable dates expenditures were $209,182. The hundredweight of assessable dates was beginning October 1, 2008, and continue assessment rate of $0.75 is $0.15 lower derived by applying the following until amended, suspended, or than the rate previously in effect. The formula where: terminated. This rule will not preempt Committee recommended a lower A = 2007–08 estimated reserve on 09/30/08 any State or local laws, regulations, or assessment rate because the 2007 crop ($134,757); policies, unless they present an was larger than expected, resulting in B = 2008–09 estimated reserve on 10/01/09 irreconcilable conflict with this rule. excess assessment income and thus a ($78,996);

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C = 2008–09 expenses ($176,384); dates were produced per acre. The 2006 generated from the larger-than-expected D = Cull Surplus Fund ($4,500); grower price published by the NASS 2007–08 crop, it was ultimately E = Assessment Refund ($15,877); and was $1,320 per ton, or $.66 per pound. determined that a $176,384 budget F = 2008–09 expected shipments (22,000,000 Thus, the value of date production per would be appropriate. The assessment pounds). [(B¥A+C¥D+E)/F] *100. acre in 2006 averaged about $4,118 rate of $0.60 per hundredweight of dates (6,240 pounds times $.66 per pound). At was then derived, based upon the The assessment rate established in that average price, a producer would Committee’s estimates of the incoming this rule will continue in effect have to farm over 182 acres to receive reserve, income, and anticipated indefinitely unless modified, an annual income from dates of expenses. suspended, or terminated by USDA $750,000 ($750,000 divided by $4,118 According to the NASS, the season upon recommendation and information per acre equals 182 acres). According to average grower price for 2007 crop dates submitted by the Committee or other Committee staff, the majority of is projected at $2,290 per ton, or $114 available information. California date producers farm less than per hundredweight. No official NASS Although this assessment rate is 182 acres. Thus, it can be concluded estimate is available yet for 2008. The effective for an indefinite period, the that the majority of date producers average grower price for 2005–07 is Committee will continue to meet prior could be considered small entities. The $1,953 per ton, or $98 per to or during each crop year to majority of handlers of California dates hundredweight. recommend a budget of expenses and may also be considered small entities. To calculate the percentage of grower consider recommendations for This rule continues in effect the revenue represented by the assessment modification of the assessment rate. The action that decreased the assessment rate for 2007, the assessment rate of dates and times of Committee meetings rate established for the Committee and $0.75 (per hundredweight) is divided by are available from the Committee or collected from handlers for the 2008–09 the estimated average grower price. This USDA. Committee meetings are open to and subsequent crop years from $0.75 to results in estimated assessment revenue the public and interested persons may $0.60 per hundredweight of dates for the 2007–08 crop year as a express their views at these meetings. handled. The Committee unanimously percentage of grower revenue of 0.66 USDA will evaluate Committee recommended 2008–09 expenditures of percent ($0.75 divided by $114 per recommendations and other available $176,384 and an assessment rate of hundredweight). As previously information to determine whether $0.60 per hundredweight of dates, mentioned, NASS data for 2008 is not modification of the assessment rate is which is $0.15 lower than the 2007–08 yet available. However, applying the needed. Further rulemaking will be rate, previously in effect. The quantity same calculations above using the undertaken as necessary. The of assessable dates for the 2008–09 crop average grower price for 2005–07 would Committee’s 2008–09 budget and those year is estimated at 22,000,000 pounds. result in estimated assessment revenue for subsequent crop years will be Thus, the $0.60 per hundredweight as a percentage total grower revenue of reviewed and, as appropriate, approved assessment rate should provide .61 percent for the 2008–09 crop year by USDA. $132,000 in assessment income and, ($0.60 divided by $98 per with reserve funds of $39,884 and the hundredweight). Thus, the assessment Final Regulatory Flexibility Analysis $4,500 contribution from the surplus revenue should be well below 1 percent Pursuant to requirements set forth in program, will be adequate to meet the of estimated grower revenue in 2008. the Regulatory Flexibility Act (RFA), the 2008–09 crop year expenses. This action continues in effect the Agricultural Marketing Service (AMS) The major expenditures action that decreased the assessment has considered the economic impact of recommended by the Committee for the obligation imposed on handlers. this rule on small entities. Accordingly, 2008–09 crop year include $66,384 for Assessments are applied uniformly on AMS has prepared this final regulatory general and administrative programs, all handlers, and some of the costs may flexibility analysis. $82,000 for promotional programs, and be passed on to producers. However, The purpose of the RFA is to fit $28,000 for marketing and media decreasing the assessment rate reduces regulatory actions to the scale of consulting. The Committee also the burden on handlers, and may reduce business subject to such actions in order budgeted $10,000 as a contingency the burden on producers. In addition, that small businesses will not be unduly reserve for other marketing and the Committee’s meeting was widely or disproportionately burdened. promotion projects that it may wish to publicized throughout the California Marketing orders issued pursuant to the support later in the year. date industry and all interested persons Act, and the rules issued thereunder, are The Committee recommended a lower were invited to attend the meeting and unique in that they are brought about assessment rate because the 2007 crop participate in Committee deliberations through group action of essentially was larger than expected, resulting in on all issues. Like all Committee small entities acting on their own excess assessment income and thus a meetings, the May 29, 2008, meeting behalf. larger reserve. Income generated was a public meeting and all entities, There are approximately 85 producers through the lower assessment rate both large and small, were able to of dates in the production area and 9 combined with reserve funds should be express views on this issue. handlers subject to regulation under the sufficient to cover anticipated 2008–09 This action imposes no additional marketing order. The Small Business expenses. reporting or recordkeeping requirements Administration (13 CFR 121.201) The Committee reviewed and on either small or large California date defines small agricultural producers as unanimously recommended 2008–09 handlers. As with all Federal marketing those having annual receipts of less than crop year expenditures of $176,384. order programs, reports and forms are $750,000, and small agricultural service Prior to arriving at this budget, the periodically reviewed to reduce firms are defined as those having annual Committee considered information from information requirements and receipts of less than $7,000,000. various sources, such as the duplication by industry and public According to the National Committee’s Marketing Subcommittee. sector agencies. Agricultural Statistics Service (NASS), Alternative expenditure levels were an AMS is committed to complying with data for the 2006 crop year shows that option available to the Committee, but the E-Government Act, to promote the about 3.12 tons, or 6,240 pounds, of given the extra assessment income use of the Internet and other

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information technologies to provide DEPARTMENT OF AGRICULTURE USDA is issuing this rule in increased opportunities for citizen conformance with Executive Order access to Government information and Agricultural Marketing Service 12866. services, and for other purposes. This rule has been reviewed under 7 CFR Part 993 Executive Order 12988, Civil Justice In addition, as noted in the initial Reform. Under the marketing order now regulatory flexibility analysis, USDA [Docket No. AMS–FV–08–0060; FV08–993– 1 FIR] in effect, California dried prune has not identified any relevant Federal handlers are subject to assessments. rules that duplicate, overlap, or conflict Dried Prunes Produced in California; Funds to administer the order are with this rule. Decreased Assessment Rate derived from such assessments. It is An interim final rule concerning this intended that the assessment rate as action was published in the Federal AGENCY: Agricultural Marketing Service, issued herein will be applicable to all Register on August 26, 2008 (73 FR USDA. assessable dried prunes beginning on 50188). Copies of that rule were also ACTION: Final rule. August 1, 2008, and continue until amended, suspended, or terminated. mailed or sent via facsimile to all date SUMMARY: The Department of handlers. Finally, the interim final rule This rule will not preempt any State or Agriculture (USDA) is adopting, as a local laws, regulations, or policies, was made available through the Internet final rule, without change, an interim by USDA and the Office of the Federal unless they present an irreconcilable final rule which decreased the conflict with this rule. Register. A 60-day comment period was assessment rate established for the The Act provides that administrative provided for interested persons to Prune Marketing Committee proceedings must be exhausted before respond to the interim final rule. The (Committee) for the 2008–09 and parties may file suit in court. Under comment period ended on October 27, subsequent crop years from $0.60 to section 608c(15)(A) of the Act, any 2008, and no comments were received. $0.30 per ton of salable dried prunes. handler subject to an order may file A small business guide on complying The Committee locally administers the with USDA a petition stating that the with fruit, vegetable, and specialty crop marketing order which regulates the order, any provision of the order, or any marketing agreements and orders may handling of dried prunes in California. obligation imposed in connection with be viewed at: http://www.ams.usda.gov/ Assessments upon dried prune handlers the order is not in accordance with law AMSv1.0/ams.fetchTemplateData.do? are used by the Committee to fund and request a modification of the order template=TemplateN&page=Marketing reasonable and necessary expenses of or to be exempted therefrom. Such the program. The crop year began OrdersSmallBusinessGuide. Any handler is afforded the opportunity for August 1 and ends July 31. The a hearing on the petition. After the questions about the compliance guide assessment rate will remain in effect hearing, USDA would rule on the should be sent to Jay Guerber at the indefinitely unless modified, petition. The Act provides that the previously mentioned address in the suspended, or terminated. district court of the United States in any FOR FURTHER INFORMATION CONTACT DATES: Effective Date: January 14, 2009. district in which the handler is an section. FOR FURTHER INFORMATION CONTACT: inhabitant, or has his or her principal After consideration of all relevant Maureen Pello, Assistant Regional place of business, has jurisdiction to material presented, including the Manager, or Kurt Kimmel, Regional review USDA’s ruling on the petition, information and recommendation Manager, California Marketing Field provided an action is filed not later than submitted by the Committee and other Office, Marketing Order Administration 20 days after the date of the entry of the available information, it is hereby found Branch, Fruit and Vegetable Programs, ruling. This rule continues in effect the that this rule, as hereinafter set forth, AMS, USDA; Telephone: (559) 487– action that decreased the assessment will tend to effectuate the declared 5901, Fax: (559) 487–5906; or E-mail: rate established for the Committee for policy of the Act. [email protected] or the 2008–09 and subsequent crop years [email protected]. List of Subjects in 7 CFR Part 987 from $0.60 to $0.30 per ton of salable Small businesses may request dried prunes handled. information on complying with this Dates, Marketing agreements, The California dried prune marketing regulation by contacting Jay Guerber, Reporting and recordkeeping order provides authority for the Marketing Order Administration requirements. Committee, with the approval of USDA, Branch, Fruit and Vegetable Programs, to formulate an annual budget of AMS, USDA, 1400 Independence PART 987—DATES PRODUCED OR expenses and collect assessments from Avenue, SW., STOP 0237, Washington, PACKED IN RIVERSIDE COUNTY, handlers to administer the program. The DC 20250–0237; Telephone: (202) 720– CALIFORNIA members of the Committee are 2491, Fax: (202) 720–8938, or E-mail: producers of California dried prunes. [email protected]. ■ Accordingly, the interim final rule They are familiar with the Committee’s amending 7 CFR part 987 which was SUPPLEMENTARY INFORMATION: This rule needs and with the costs for goods and published at 73 FR 50188 on August 26, is issued under Marketing Agreement services in their local area and are thus 2008, is adopted as a final rule without No. 110 and Marketing Order No. 993, in a position to formulate an appropriate change. both as amended (7 CFR part 993), budget and assessment rate. The regulating the handling of dried prunes assessment rate is formulated and Dated: December 8, 2008. grown in California, hereinafter referred discussed at a public meeting. Thus, all James E. Link, to as the ‘‘order.’’ The marketing directly affected persons have an Administrator, Agricultural Marketing agreement and order are effective under opportunity to participate and provide Service. the Agricultural Marketing Agreement input. [FR Doc. E8–29597 Filed 12–12–08; 8:45 am] Act of 1937, as amended (7 U.S.C. 601– For the 2007–08 and subsequent crop BILLING CODE 3410–02–P 674), hereinafter referred to as the years, the Committee recommended, ‘‘Act.’’ and USDA approved, an assessment rate

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that would continue in effect from crop production for the year is estimated to marketing order. The Small Business year to crop year unless modified, be 120,000 salable tons, which should Administration (13 CFR 121.201) suspended, or terminated by USDA provide $36,000 in assessment income defines small agricultural producers as upon recommendation and information at $0.30 per ton of salable dried prunes. those whose annual receipts are less submitted by the Committee or other Income derived from handler than $750,000, and small agricultural information available to USDA. assessments, plus excess funds from the service firms are defined as those whose The Committee met on June 26, 2008, 2007–08 crop year should be adequate annual receipts are less than $7,000,000. and unanimously recommended an to cover budgeted expenses. Committee data indicates that about assessment rate of $0.30 per ton of The Committee is authorized under 64 percent of the handlers ship under salable dried prunes and expenditures § 993.81(c) of the order to use excess $6,500,000 worth of dried prunes. totaling $51,587 for the 2008–09 crop assessment funds from the 2007–08 crop Dividing the average prune crop value year. In comparison, last year’s year (currently estimated at $15,487) for for 2007–08 reported by the National approved expenses were $102,523. The up to 5 months beyond the end of the Agricultural Statistics Service (NASS) of assessment rate of $0.30 per ton of crop year to meet 2008–09 crop year $111,650,000 by the number of salable dried prunes is one-half of the expenses. At the end of the 5 months, producers (800) yields an average rate previously in effect. the Committee either refunds or credits annual producer revenue estimate of The Committee recommended a lower excess funds to handlers. about $139,562. Based on the foregoing, assessment rate because the 2008–09 The assessment rate will continue in the majority of handlers and dried crop is estimated at 120,000 tons, which effect indefinitely unless modified, prune producers may be classified as is over 35,000 tons larger than the 2007– suspended, or terminated by USDA small entities. 08 crop. Income generated from the upon recommendation and information This rule continues in effect the lower assessment rate combined with submitted by the Committee or other action that decreased the assessment excess assessment income carried into available information. rate established for the Committee and the new crop year should be adequate Although this assessment rate is collected from handlers for the 2008–09 to cover the Committee’s 2008–09 effective for an indefinite period, the and subsequent crop years from $0.60 to expenses. Committee will continue to meet prior $0.30 per ton of salable dried prunes. The Committee’s budget of expenses to or during each crop year to The Committee met on June 26, 2008, of $51,587 includes a decrease in recommend a budget of expenses and and unanimously recommended personnel expenses, and a slight consider recommendations for estimated expenses for 2008–09 of decrease in operating expenses. modification of the assessment rate. The $51,587 and a decreased assessment rate Combined salaries and expenses are dates and times of Committee meetings of $0.30 per ton of salable dried prunes. almost 50 percent lower than last year, are available from the Committee or The Committee’s recommended budget or about $26,248. The Committee also USDA. Committee meetings are open to was based on a decrease in personnel included $12,446 for contingencies. the public and interested persons may expenses and a decrease in operating Most of the Committee’s expenses express their views at these meetings. expenses. Combined salaries and reflect its portion of the joint USDA will evaluate the Committee’s expenses are almost 50 percent lower administrative costs of the Committee recommendations and other available than last year, or about $26,248. The and the California Dried Plum Board information to determine whether Committee also included $12,446 for (CDPB). Based on the Committee’s modification of the assessment rate is contingencies. Most of the Committee’s reduced activities in recent years, it is needed. Further rulemaking will be expenses reflect its portion of the joint funding only 5 percent of the shared undertaken as necessary. The administrative costs of the Committee expenses of the two programs. This Committees’ 2008–09 budget and those and the CDPB. Based on the level was reduced from last year’s level for subsequent crop years will be Committee’s reduced activities in recent of 10 percent to reflect a more accurate reviewed and, as appropriate, approved years, it is funding only 5 percent of the figure. The Committee believes that by USDA. shared expenses of the two programs. extra assessment income carried in from This level was reduced from last year’s the 2007 crop year, plus interest income Final Regulatory Flexibility Analysis level of 10 percent to reflect a more and 2008 assessment income, is Pursuant to requirements set forth in accurate figure. The Committee believes adequate to cover its estimated expenses the Regulatory Flexibility Act (RFA), the that extra assessment income carried in of $51,587. Agricultural Marketing Service (AMS) from the 2007 crop year, plus interest The major expenditures has considered the economic impact of income and 2008 assessment income, is recommended by the Committee for the this rule on small entities. Accordingly, adequate to cover its estimated expenses 2008–09 crop year include $26,248 for AMS has prepared this final regulatory of $51,587. salaries and benefits, $12,893 for flexibility analysis. The assessment rate of $0.30 per ton operating expenses, and $12,446 for The purpose of the RFA is to fit of salable dried prunes is one-half of the contingencies. For the 2007–08 crop regulatory actions to the scale of rate previously in effect. The quantity of year, the Committee’s budgeted business subject to such actions in order salable dried prunes for the 2008–09 expenses were $50,505 for salaries and that small businesses will not be unduly crop year is currently estimated at benefits, $15,075 for operating expenses, or disproportionately burdened. 120,000 tons, compared to 95,000 tons and $36,943 for contingencies. Marketing orders issued pursuant to the of salable dried prunes for the 2007–08 The assessment rate recommended by Act, and the rules issued thereunder, are crop year. the Committee was derived by unique in that they are brought about The major expenditures considering the handler assessment through group action of essentially recommended by the Committee for the revenue needed to meet anticipated small entities acting on their own 2008–09 crop year include $26,248 for expenses, the estimated salable tons of behalf. salaries and benefits, $12,893 for California dried prunes, excess funds There are approximately 800 operating expenses, and $12,446 for carried forward into the 2008–09 crop producers of dried prunes in the contingencies. Budgeted expenses for year, and estimated income from other production area and approximately 22 these items in 2007–08 were $50,505 for sources such as interest. Dried prune handlers subject to regulation under the salaries and benefits, $15,075 for

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operating expenses, and $36,943 for the Committee’s meeting was widely PART 993—DRIED PRUNES contingencies. publicized throughout the California PRODUCED IN CALIFORNIA The 2008–09 assessment rate was dried prune industry and all interested derived by considering the handler persons were invited to attend the ■ Accordingly, the interim final rule assessment revenue needed to meet meeting and participate in Committee amending 7 CFR part 993 which was anticipated expenses, the estimated deliberations on all issues. Like all published at 73 FR 50188 on August 26, salable tons of California dried prunes, Committee meetings, the June 26, 2008, 2008, is adopted as a final rule without excess funds carried forward into the meeting was a public meeting and all change. 2008–09 crop year, and estimated entities, both large and small, were able Dated: December 8, 2008. income from other sources such as to express views on this issue. James E. Link, interest. Therefore, the Committee This action imposes no additional recommended an assessment rate of reporting or recordkeeping requirements Administrator, Agricultural Marketing Service. $0.30 per ton of salable dried prunes. on either small or large California dried Prior to arriving at its budget of prune handlers. As with all Federal [FR Doc. E8–29598 Filed 12–12–08; 8:45 am] $51,587, the Committee considered marketing order programs, reports and BILLING CODE 3410–02–P information from various sources, forms are periodically reviewed to including the Committee’s Executive reduce information requirements and Subcommittee. The Executive duplication by industry and public DEPARTMENT OF TRANSPORTATION Subcommittee reviewed the sector agencies. administrative expenses shared between AMS is committed to complying with Federal Aviation Administration the Committee and the CDPB in recent the E-Government Act, to promote the years. Accordingly, the Executive use of the Internet and other 14 CFR Part 71 Subcommittee recommended reducing information technologies to provide [Docket No. FAA–2008–1076; Airspace the share of expenses allocated to the increased opportunities for citizen Docket No. 08–ANE–102] Committee from 10 to 5 percent. The access to Government information and Executive Subcommittee then services, and for other purposes. Amendment to Class E Airspace; recommended the $51,587 budget and In addition, as noted in the initial Rutland, VT $0.30 per ton assessment rate to the regulatory flexibility analysis, USDA AGENCY: Federal Aviation Committee. The Committee has not identified any relevant Federal Administration (FAA), DOT. recommended the same budget and rules that duplicate, overlap, or conflict ACTION: assessment rate to USDA. with this rule. Direct final rule, request for Section 993.81(c) of the order An interim final rule concerning this comments. provides the Committee the authority to action was published in the Federal SUMMARY: This action revises the Class use excess assessment funds from the Register on August 26, 2008 (73 FR E Airspace at Rutland-Southern 2007–08 crop year (estimated at 50188). Copies of that rule were also Vermont Regional (RUT); Rutland, VT to $15,487) for up to 5 months beyond the mailed or sent via facsimile to all prune provide adequate controlled airspace for end of the crop year to meet 2008–09 handlers. Finally, the interim final rule those aircraft using Instrument crop year expenses. At the end of the 5 was made available through the Internet Approach Procedures to the airport. The months, the Committee either refunds or by USDA and the Office of the Federal IRA NDB has been decommissioned and credits excess funds to handlers. Register. A 60-day comment period was new Standard Instrument Approach To calculate the percentage of grower provided for interested persons to revenue represented by the assessment Procedures (SIAPs) have been respond to the interim final rule. The developed. This rule also imparts a rate for 2007, the assessment rate of comment period ended on October 27, $0.60 per ton is divided by the technical amendment to change the 2008, and no comments were received. name of the airport from Rutland State estimated average grower price A small business guide on complying (according to the NASS). This results in Airport to Rutland-Southern Vermont with fruit, vegetable, and specialty crop Regional. This action will enhance the estimated assessment revenue for the marketing agreements and orders may 2007–08 crop year as a percentage of safety and airspace management around be viewed at: http://www.ams.usda.gov/ Rutland-Southern Vermont Regional. grower revenue of .05 percent ($0.60 AMSv1.0/ams.fetch DATES: divided by $1,450 per ton). NASS data TemplateData.do?template=Template Effective 0901 UTC, March 12, for 2008 is not yet available. However, N&page=MarketingOrdersSmall 2009. The Director of the Federal applying the same calculations above BusinessGuide. Any questions about the Register approves this incorporation by using the average grower price for 2005– compliance guide should be sent to Jay reference action under Title 1, Code of 07 would result in estimated assessment Guerber at the previously mentioned Federal Regulations, part 51, subject to the annual revision of FAA Order revenue as a percentage of total grower address in the FOR FURTHER INFORMATION 7400.9 and publication of conforming revenue of .02 percent for the 2008–09 CONTACT section. crop year ($0.30 divided by $1,437 per After consideration of all relevant amendments. Comments for inclusion ton). Thus, the assessment revenue material presented, including the in the Rules Docket must be received on should be well below 1 percent of information and recommendation or before January 29, 2009. estimated grower revenue in 2008. submitted by the Committee and other ADDRESSES: Send comments on this rule This action continues in effect the available information, it is hereby found to: U.S. Department of Transportation, action that decreased the assessment that this rule, as hereinafter set forth, Docket Operations, West Building obligation imposed on handlers. will tend to effectuate the declared Ground Floor, Room W12–140, 1200 Assessments are applied uniformly on policy of the Act. New Jersey Avenue, SE., Washington, all handlers, and some of the costs may DC 20590–0001; Telephone: 1–800– be passed on to producers. However, List of Subjects in 7 CFR Part 993 647–5527; Fax: 202–493–2251. You decreasing the assessment rate reduces Prunes, Marketing agreements, Plums, must identify the Docket Number FAA– the burden on handlers, and may reduce Prunes, Reporting and recordkeeping 2008–1076; Airspace Docket No. 08– the burden on producers. In addition, requirements. ANE–102, at the beginning of your

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comments. You may also submit and action. An electronic copy of this by reference in 14 CFR 71.1. The Class review received comments through the document may be downloaded from and E designations listed in this document Internet at http://www.regulations.gov. comments submitted through http:// will be published subsequently in the You may review the public docket www.regulations.gov. Recently Order. containing the rule, any comments published rulemaking documents can Agency Findings received, and any final disposition in also be accessed through the FAA’s web person in the Dockets Office (see page at http://www.faa.gov/ The regulations adopted herein will ADDRESSES section for address and airports_airtraffic/air_traffic/ not have substantial direct effects on the phone number) between 9 a.m. and 5 publications/airspace_amendments/. States, on the relationship between the p.m., Monday through Friday, except Communications should identify both national government and the States, or Federal Holidays. An informal docket docket numbers and be submitted in on the distribution of power and may also be examined during normal triplicate to the address specified under responsibilities among various levels of business hours at the office of the the caption ADDRESSES above or through government. Therefore, it is determined Eastern Service Center, Federal Aviation the Web site. All communications that this Final rule does not have Administration, Room 210, 1701 received on or before the closing date federalism implications under Executive Columbia Avenue, College Park, Georgia for comments will be considered, and Order 13132. this rule may be amended or withdrawn 30337. The FAA has determined that this in light of the comments received. FOR FURTHER INFORMATION CONTACT: regulation only involves an established Melinda Giddens, Operations Support Comments are specifically invited on the overall regulatory, economic, body of technical regulations for which Group, Federal Aviation environmental, and energy aspects of frequent and routine amendments are Administration, P.O. Box 20636, the rule that might suggest a need to necessary to keep them operationally Atlanta, Georgia 30320; Telephone (404) modify the rule. Factual information current, is non-controversial and 305–5610, Fax 404–305–5572. that supports the commenter’s ideas and unlikely to result in adverse or negative SUPPLEMENTARY INFORMATION: suggestions is extremely helpful in comments. It, therefore, (1) is not a ‘‘significant regulatory action’’ under The Direct Final Rule Procedure evaluating the effectiveness of this action and determining whether Executive Order 12866; (2) is not a The FAA anticipates that this additional rulemaking action would be ‘‘significant rule’’ under DOT regulation will not result in adverse or needed. All comments submitted will be Regulatory Policies and Procedures (44 negative comments, and, therefore, available, both before and after the FR 11034; February 26, 1979); and (3) issues it as a direct final rule. The FAA closing date for comments, in the Rules does not warrant preparation of a has determined that this rule only Docket for examination by interested Regulatory Evaluation as the anticipated involves an established body of persons. Those wishing the FAA to impact is so minimal. Since this is a technical regulations for which frequent acknowledge receipt of their comments routine matter that will only affect air and routine amendments are necessary submitted in response to this rule must traffic procedures and air navigation, it to keep them operationally current. submit a self-addressed, stamped is certified that this rule, when Unless a written adverse or negative postcard on which the following promulgated, will not have a significant comment or a written notice of intent to statement is made: ‘‘Comments to economic impact on a substantial submit an adverse or negative comment Docket No. FAA–2008–1076; Airspace number of small entities under the is received within the comment period, Docket No. 08-ANE–102.’’ The postcard criteria of the Regulatory Flexibility Act. the regulation will become effective on will be date stamped and returned to the The FAA’s authority to issue rules the date specified above. After the close commenter. regarding aviation safety is found in of the comment period, the FAA will The Rule Title 49 of the United States Code. publish a document in the Federal Subtitle I, Section 106 describes the Register indicating that no adverse or This amendment to Title 14, Code of authority of the FAA Administrator. negative comments were received and Federal Regulations (14 CFR) part 71 Subtitle VII, Aviation Programs, confirming the effective date. If the FAA revises Class E Airspace at Rutland, VT describes in more detail the scope of the receives, within the comment period, an by modifying the Rutland-Southern agency’s authority. adverse or negative comment, or written Vermont Regional (RUT) Class E This rulemaking is promulgated notice of intent to submit such a airspace to provide adequate Class E under the authority described in comment, a document withdrawing the airspace for IFR operations at Rutland, Subtitle VII, Part A, Subpart I, Section direct final rule will be published in the VT. The IRA NDB has been 40103. Under that section, the FAA is Federal Register, and a notice of decommissioned and in reviewing the charged with prescribing regulations to proposed rulemaking may be published legal description at Rutland-Southern assign the use of airspace necessary to with a new comment period. Vermont Regional, the FAA determined that the Class E5 airspace should be ensure the safety of aircraft and the Comments Invited redefined in order to provide adequate efficient use of airspace. This regulation Although this action is in the form of controlled airspace for aircraft executing is within the scope of that authority as a direct final rule, and was not preceded Instrument Approach Procedures to it modifies controlled airspace at by a notice of proposed rulemaking, Rutland-Southern Vermont Regional. Rutland, VT. interested persons are invited to This action changes the name of the Lists of Subjects in 14 CFR Part 71 comment on this rule by submitting airport from Rutland State Airport to such written data, views, or arguments Rutland-Southern Vermont Regional. Airspace, Incorporation by reference, as they may desire. The direct final rule Designations for Class E airspace areas Navigation (Air). is used in this case to facilitate the extending upward from 700 feet or more Adoption of the Amendment timing of the charting schedule and above the surface of the Earth are enhance the operation at the airport, published in FAA Order 7400.9S, ■ In consideration of the foregoing, the while still allowing and requesting signed October 3, 2008 and effective Federal Aviation Administration public comment on this rulemaking October 31, 2008, which is incorporated amends 14 CFR Part 71 as follows:

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PART 71—DESIGNATION OF CLASS A, aircraft using Instrument Approach to keep them operationally current. B, C, D AND E AIRSPACE AREAS; AIR Procedures to the airport. The Nicholas Unless a written adverse or negative TRAFFIC SERVICE ROUTES; AND NDB has been decommissioned and all comment or a written notice of intent to REPORTING POINTS reference to the NDB in the submit an adverse or negative comment Summerville Class E5 airspace is received within the comment period, ■ 1. The authority citation for Part 71 description is being removed. the regulation will become effective on continues to read as follows: Additionally, the FAA determined that the date specified above. After the close Authority: 49 U.S.C. 106(g); 40103, 40113, the Class E airspace should be revised of the comment period, the FAA will 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– to provide the appropriate controlled publish a document in the Federal 1963 Comp., p. 389. airspace for the Instrument Approach Register indicating that no adverse or § 71.1 [Amended] Procedures to SXL. This action will negative comments were received and enhance the safety and airspace confirming the effective date. If the FAA ■ 2. The incorporation by reference in management around the Summerville receives, within the comment period, an 14 CFR 71.1 of Federal Aviation Airport. adverse or negative comment, or written Administration Order 7400.9S, Airspace DATES: Effective 0901 UTC, March 12, notice of intent to submit such a Designations and Reporting Points, comment, a document withdrawing the signed October 3, 2008, effective 2009. The Director of the Federal Register approves this incorporation by direct final rule will be published in the October 31, 2008, is amended as Federal Register, and a notice of follows: reference action under Title 1, Code of Federal Regulations, part 51, subject to proposed rulemaking may be published Paragraph 6005 Class E Airspace Areas the annual revision of FAA Order with a new comment period. Extending Upward From 700 Feet or More 7400.9 and publication of conforming Comments Invited Above the Surface of the Earth. amendments. Comments for inclusion Although this action is in the form of in the Rules Docket must be received on * * * * * a direct final rule, and was not preceded or before January 29, 2009. ANE VT E5 Rutland, VT [REVISED] by a notice of proposed rulemaking, ADDRESSES: Send comments on this rule Rutland-Southern Vermont Regional, VT interested persons are invited to (Lat. 43°31′48″ N., long 72°56′59″ W.) to: U.S. Department of Transportation, comment on this rule by submitting Docket Operations, West Building That airspace extending upward from 700 such written data, views, or arguments feet above the surface within a 6.6-mile Ground Floor, Room W12–140, 1200 as they may desire. The direct final rule radius of Rutland-Southern Vermont New Jersey Avenue, SE., Washington, is used in this case to facilitate the Regional (RUT) and within 1.5 miles each DC 20590–0001; Telephone: 1–800– timing of the charting schedule and side of the 001° bearing from Rutland- 647–5527; Fax: 202–493–2251. You enhance the operation at the airport, Southern Vermont Regional extending from must identify the Docket Number FAA– while still allowing and requesting the 6.6-mile radius to 9.0 miles northeast of 2008–1073; Airspace Docket No. 08– public comment on this rulemaking the airport and within 1.5 miles each side of ° AEA–28, at the beginning of your action. An electronic copy of this the 182 bearing from Rutland-Southern comments. You may also submit and Vermont Regional extending from the 6.6 document may be downloaded from and mile radius to 9.3 miles southwest of the review received comments through the comments submitted through http:// airport. Internet at http://www.regulations.gov. www.regulations.gov. Recently You may review the public docket * * * * * published rulemaking documents can containing the rule, any comments also be accessed through the FAA’s web Issued in College Park, Georgia on received, and any final disposition in page at http://www.faa.gov/ November 20, 2008. person in the Dockets Office (see airports_airtraffic/air_traffic/ Barry A. Knight, ADDRESSES section for address and publications/airspace_amendments. Acting Manager, Operations Support Group, phone number) between 9 a.m. and 5 Communications should identify both Eastern Service Center, Air Traffic p.m., Monday through Friday, except docket numbers and be submitted in Organization. Federal holidays. An informal docket triplicate to the address specified under [FR Doc. E8–29268 Filed 12–12–08; 8:45 am] may also be examined during normal the caption ADDRESSES above or through BILLING CODE 4910–13–P business hours at the office of the the Web site. All communications Eastern Service Center, Federal Aviation received on or before the closing date Administration, Room 210, 1701 for comments will be considered, and DEPARTMENT OF TRANSPORTATION Columbia Avenue, College Park, Georgia this rule may be amended or withdrawn 30337. Federal Aviation Administration in light of the comments received. FOR FURTHER INFORMATION CONTACT: Comments are specifically invited on the overall regulatory, economic, 14 CFR Part 71 Melinda Giddens, Operations Support Group, Federal Aviation environmental, and energy aspects of [Docket No. FAA–2008–1073; Airspace Administration, P.O. Box 20636, the rule that might suggest a need to Docket No. 08–AEA–28] Atlanta, Georgia 30320; Telephone (404) modify the rule. Factual information 305–5610, Fax 404–305–5572. that supports the commenter’s ideas and Amendment to Class E Airspace; SUPPLEMENTARY INFORMATION: suggestions is extremely helpful in Summerville, WV evaluating the effectiveness of this The Direct Final Rule Procedure AGENCY: Federal Aviation action and determining whether Administration (FAA), DOT. The FAA anticipates that this additional rulemaking action would be ACTION: Direct final rule, request for regulation will not result in adverse or needed. All comments submitted will be comments. negative comments, and, therefore, available, both before and after the issues it as a direct final rule. The FAA closing date for comments, in the Rules SUMMARY: This action revises the Class has determined that this rule only Docket for examination by interested E Airspace at Summerville Airport involves an established body of persons. Those wishing the FAA to (SXL); Summerville, WV to provide for technical regulations for which frequent acknowledge receipt of their comments adequate controlled airspace for those and routine amendments are necessary submitted in response to this rule must

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submit a self-addressed, stamped The FAA’s authority to issue rules Issued in College Park, Georgia, on postcard on which the following regarding aviation safety is found in November 19, 2008. statement is made: ‘‘Comments to Title 49 of the United States Code. Barry A. Knight, Docket No. FAA–2008–1073; Airspace Subtitle I, Section 106 describes the Acting Manager, Operations Support Group, Docket No. 08–AEA–28.’’ The postcard authority of the FAA Administrator. Eastern Service Center, Air Traffic will be date stamped and returned to the Subtitle VII, Aviation Programs, Organization. commenter. describes in more detail the scope of the [FR Doc. E8–29266 Filed 12–12–08; 8:45 am] The Rule agency’s authority. BILLING CODE 4910–13–P This amendment to Title 14, Code of This rulemaking is promulgated under the authority described in Federal Regulations (14 CFR) part 71 DEPARTMENT OF TRANSPORTATION revises Class E Airspace at Summerville, Subtitle VII, Part A, Subpart I, Section WV by modifying the Summerville 40103. Under that section, the FAA is Federal Aviation Administration Class E airspace to provide adequate charged with prescribing regulations to Class E airspace for IFR operations at assign the use of airspace necessary to 14 CFR Part 71 Summerville, WV. The Nicholas NDB ensure the safety of aircraft and the has been decommissioned and in efficient use of airspace. This regulation [Docket No. FAA–2008–1168; Airspace reviewing the legal description at is within the scope of that authority as Docket No. 08–ASO–19] Summerville Airport, the FAA it modifies controlled airspace at determined that the Class E5 airspace Summerville, WV. Establishment of Class E Airspace; Clewiston, FL should be redefined in order to provide List of Subjects in 14 CFR Part 71 adequate controlled airspace for aircraft AGENCY: Federal Aviation executing Instrument Approach Airspace, Incorporation by reference, Administration (FAA), DOT. Procedures to Summerville Airport. Navigation (Air). ACTION: Direct final rule; request for Designations for Class E airspace areas Adoption of the Amendment comments. extending upward from 700 feet or more above the surface of the earth are ■ In consideration of the foregoing, the SUMMARY: This action establishes Class published in FAA Order 7400.9S, Federal Aviation Administration E Airspace at Clewiston, FL. Airspace is signed October 3, 2008 and effective amends 14 CFR Part 71 as follows: needed to support new Area Navigation October 31, 2008, which is incorporated (RNAV) Global Positioning System by reference in 14 CFR part 71.1. The PART 71—DESIGNATION OF CLASS A, (GPS) Standard Instrument Approach Class E designations listed in this B, C, D AND E AIRSPACE AREAS; AIR Procedures (SIAPs) that have been document will be published TRAFFIC SERVICE ROUTES; AND developed for Airglades Airport. As a subsequently in the Order. REPORTING POINTS result, controlled airspace extending Agency Findings upward from 700 feet Above Ground ■ 1. The authority citation for Part 71 Level (AGL) is needed to contain the The regulations adopted herein will continues to read as follows: SIAP and for Instrument Flight Rule not have substantial direct effects on the (IFR) operations at the airport. The States, on the relationship between the Authority: 49 U.S.C. 106(g); 40103, 40113, operating status of the airport will national government and the States, or 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. change from Visual Flight Rules (VFR) on the distribution of power and to include IFR operations concurrent responsibilities among various levels of § 71.1 [Amended] with the publication of the SIAP. This government. Therefore, it is determined action enhances the safety and airspace that this Final rule does not have ■ 2. The incorporation by reference in management of Airglades Airport, federalism implications under Executive 14 CFR 71.1 of Federal Aviation Clewiston, FL. Order 13132. Administration Order 7400.9S, Airspace The FAA has determined that this Designations and Reporting Points, DATES: Effective 0901 UTC, March 12, regulation only involves an established signed October 3, 2008, effective 2009. The Director of the Federal body of technical regulations for which October 31, 2008, is amended as Register approves this incorporation by frequent and routine amendments are follows: reference action under Title 1, Code of necessary to keep them operationally Paragraph 6005 Class E Airspace Areas Federal Regulations, part 51, subject to current, is non-controversial and Extending Upward From 700 Feet or More the annual revision of FAA Order unlikely to result in adverse or negative Above the Surface of the Earth. 7400.9 and publication of conforming comments. It, therefore, (1) is not a * * * * * amendments. Comments for inclusion ‘‘significant regulatory action’’ under in the Rules Docket must be received on Executive Order 12866; (2) is not a AEA WV E5 Summerville, WV [REVISED] or before January 29, 2009. ‘‘significant rule’’ under DOT Summerville Airport, WV ADDRESSES: Send comments on this rule ° ′ ″ ° ′ ″ Regulatory Policies and Procedures (44 (Lat. 38 13 54 N., long. 80 52 15 W.) to: U.S. Department of Transportation, FR 11034; February 26, 1979); and (3) That airspace extending upward from 700 Docket Operations, West Building does not warrant preparation of a feet above the surface within a 6.3-mile Ground Floor, Room W12–140, 1200 Regulatory Evaluation as the anticipated radius of the Summerville Airport (SXL) and New Jersey Avenue, SE., Washington, within 2 miles each side of the 037° bearing impact is so minimal. Since this is a from the Summerville Airport extending DC 20590–0001; Telephone: 1–800– routine matter that will only affect air from the 6.3-mile radius to 11.3 miles 647–5527; Fax: 202–493–2251. You traffic procedures and air navigation, it northeast of the airport and within 1.8 miles must identify the Docket Number FAA– is certified that this rule, when each side of the 217° bearing from the 2008–1168; Airspace Docket No. 08– promulgated, will not have a significant Summersville Airport extending from the 6.3 ASO–19, at the beginning of your economic impact on a substantial mile radius to 8.5 miles southwest of the comments. You may also submit and number of small entities under the Summerville Airport. review received comments through the criteria of the Regulatory Flexibility Act. * * * * * Internet at http://www.regulations.gov.

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You may review the public docket publications/airspace_amendments. frequent and routine amendments are containing the rule, any comments Communications should identify both necessary to keep them operationally received, and any final disposition in docket numbers and be submitted in current. It, therefore, (1) is not a person in the Dockets Office (see triplicate to the address specified under ‘‘significant regulatory action’’ under ADDRESSES section for address and the caption ADDRESSES above or through Executive Order 12866; (2) is not a phone number) between 9 a.m. and 5 the Web site. All communications ‘‘significant rule’’ under DOT p.m., Monday through Friday, except received on or before the closing date Regulatory Policies and Procedures (44 Federal holidays. An informal docket for comments will be considered, and FR 11034; February 26, 1979); and (3) may also be examined during normal this rule may be amended or withdrawn does not warrant preparation of a business hours at the office of the in light of the comments received. Regulatory Evaluation as the anticipated Eastern Service Center, Federal Aviation Comments are specifically invited on impact is so minimal. Since this is a Administration, Room 210, 1701 the overall regulatory, economic, routine matter that will only affect air Columbia Avenue, College Park, Georgia environmental, and energy aspects of traffic procedures and air navigation, it 30337. the rule that might suggest a need to is certified that this rule, when FOR FURTHER INFORMATION CONTACT: modify the rule. Factual information promulgated, will not have a significant Melinda Giddens, Operations Support that supports the commenter’s idea and economic impact on a substantial Group, Eastern Service Center, Federal suggestions is extremely helpful in number of small entities under the Aviation Administration, P.O. Box evaluating the effectiveness of this criteria of the Regulatory Flexibility Act. 20636, Atlanta, Georgia 30320; action and determining whether additional rulemaking action would be The FAA’s authority to issue rules telephone (404) 305–5610. needed. All comments submitted will be regarding aviation safety is found in SUPPLEMENTARY INFORMATION: available, both before and after the Title 49 of the United States Code. The Direct Final Rule Procedure closing date for comments, in the Rules Subtitle I, Section 106 describes the Docket for examination by interested authority of the FAA Administrator. The FAA anticipates that this persons. Those wishing the FAA to Subtitle VII, Aviation Programs, regulation will not result in adverse or acknowledge receipt of their comments describes in more detail the scope of the negative comments, and, therefore, submitted in response to this rule must agency’s authority. issues it as a direct final rule. The FAA submit a self-addressed, stamped has determined that this rule only This rulemaking is promulgated postcard on which the following under the authority described in involves an established body of statement is made: ‘‘Comments to technical regulations for which frequent Subtitle VII, Part A, Subpart I, Section Docket No. FAA–2008–1168; Airspace 40103. Under that section, the FAA is and routine amendments are necessary Docket No. 08–ASO–19.’’ The postcard to keep them operationally current. charged with prescribing regulations to will be date stamped and returned to the assign the use of airspace necessary to Unless a written adverse or negative commenter. comment or a written notice of intent to ensure the safety of aircraft and the submit an adverse or negative comment The Rule efficient use of airspace. This regulation is within the scope of that authority as is received within the comment period, This amendment to Title 14, Code of the regulation will become effective on it establishes Class E airspace at Federal Regulations (14 CFR) part 71 Clewiston, FL. the date specified above. After the close establishes Class E airspace at of the comment period, the FAA will Clewiston, FL, to provide controlled List of Subjects in 14 CFR Part 71 publish a document in the Federal airspace required to support the Register indicating that no adverse or Standard Instrument Approach Airspace, Incorporation by reference, negative comments were received and Procedures (SIAPs) that have been Navigation (Air). confirming the effective date. If the FAA developed for Airglades Airport. Adoption of the Amendment receives, within the comment period, an Designations for Class E airspace areas adverse or negative comment, or written extending upward from 700 feet or more ■ In consideration of the foregoing, the notice of intent to submit such a above the surface of the earth are Federal Aviation Administration comment, a document withdrawing the published in FAA Order 7400.9S, amends 14 CFR part 71 as follows: direct final rule will be published in the signed October 3, 2008, and effective Federal Register, and a notice of October 31, 2008, which is incorporated PART 71—DESIGNATION OF CLASS A, proposed rulemaking may be published by reference in 14 CFR part 71.1. The CLASS B, CLASS C, CLASS D, AND with a new comment period. Class E designations listed in this CLASS E AIRSPACE AREAS; Comments Invited document will be published AIRWAYS; ROUTES; AND REPORTING subsequently in the Order. POINTS Although this action is in the form of Agency Findings a direct final rule, and was not preceded ■ 1. The authority citation for part 71 by a notice of proposed rulemaking, The regulations adopted herein will continues to read as follows: interested persons are invited to not have substantial direct effects on the comment on this rule by submitting States, on the relationship between the Authority: 49 U.S.C. 106(g); 40103, 40113, such written data, views, or arguments national government and the States, or 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. as they may desire. An electronic copy on the distribution of power and of this document may be downloaded responsibilities among various levels of § 71.1 [Amended] from and comments may be submitted government. Therefore, it is determined and reviewed at http:// that this direct final rule does not have ■ 2. The incorporation by reference in www.regulations.gov. Recently federalism implications under Executive 14 CFR 71.1 of Federal Aviation published rulemaking documents can Order 13132. Administration Order 7400.9S, Airspace also be accessed through the FAA’s Web The FAA has determined that this Designations and Reporting Points, page at http://www.faa.gov/ regulation only involves an established dated October 3, 2008, effective October airports_airtraffic/air_traffic/ body of technical regulations for which 31, 2008, is amended as follows:

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Paragraph 6005 Class E Airspace Areas Docket Operations, West Building comment on this rule by submitting Extending Upward From 700 Feet or More Ground Floor, Room W12–140, 1200 such written data, views, or arguments Above the Surface of the Earth. New Jersey, SE., Washington, DC as they may desire. An electronic copy * * * * * 20590–0001; Telephone: 1–800–647– of this document may be downloaded ASO FL E5 Clewiston, FL [NEW] 5527; Fax: 202–493–2251. You must from and comments may be submitted identify the Docket Number FAA–2008– and reviewed at http:// Airglades Airport, FL (Lat. 26°44′07″ N., long. 81°03′04″ W.) 1094; Airspace Docket No. 08–ASO–18, www.regulations.gov. Recently at the beginning of your comments. You published rulemaking documents can That airspace extending upward from 700 feet above the surface of the Earth within a may also submit and review received also be accessed through the FAA’s Web 6.5-mile radius of the Airglades Airport. comments through the Internet at page at http://www.faa.gov/ airports_airtraffic/air_traffic/ * * * * * http://www.regulations.gov. You may review the public docket publications/airspace_amendments. Issued in College Park, Georgia, on containing the rule, any comments Communications should identify both November 21, 2008. received, and any final disposition in docket numbers and be submitted in Mark D. Ward, person in the Dockets Office (see triplicate to the address specified under Manager, Operations Support Group, Eastern ADDRESSES section for address and the caption ADDRESSES above or through Service Center, Air Traffic Organization. phone number) between 9 a.m. and 5 the Web site. All communications [FR Doc. E8–29269 Filed 12–12–08; 8:45 am] p.m., Monday through Friday, except received on or before the closing date BILLING CODE 4910–13–P Federal Holidays. An informal docket for comments will be considered, and may also be examined during normal this rule may be amended or withdrawn business hours at the office of the in light of the comments received. DEPARTMENT OF TRANSPORTATION Eastern Service Center, Federal Aviation Comments are specifically invited on Administration, Room 210, 1701 the overall regulatory, economic, Federal Aviation Administration Columbia Avenue, College Park, Georgia environmental, and energy aspects of 30337. the rule that might suggest a need to 14 CFR Part 71 modify the rule. Factual information FOR FURTHER INFORMATION CONTACT: that supports the commenter’s idea and [Docket No. FAA–2008–1094; Airspace Melinda Giddens, Operations Support suggestions is extremely helpful in Docket No. 08–ASO–18] Group, Eastern Service Center, Federal evaluating the effectiveness of this Establishment of Class E Airspace; Aviation Administration, P.O. Box action and determining whether Russellville, AL 20636, Atlanta, Georgia 30320; additional rulemaking action would be telephone (404) 305–5610. needed. All comments submitted will be AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: available, both before and after the Administration (FAA), DOT. The Direct Final Rule Procedure closing date for comments, in the Rules ACTION: Direct final rule; request for Docket for examination by interested comments. The FAA anticipates that this persons. Those wishing the FAA to regulation will not result in adverse or acknowledge receipt of their comments SUMMARY: This action establishes Class negative comments, and, therefore, E Airspace at Russellville, AL. Airspace submitted in response to this rule must issues it as a direct final rule. The FAA submit a self-addressed, stamped is needed to support new Area has determined that this rule only Navigation (RNAV) Global Positioning postcard on which the following involves an established body of statement is made: ‘‘Comments to System (GPS) Standard Instrument technical regulations for which frequent Approach Procedures (SIAPs) that have Docket No. FAA–2008–1094; Airspace and routine amendments are necessary Docket No. 08–ASO–18.’’ The postcard been developed for Russellville to keep them operationally current. Municipal Airport. As a result, will be date stamped and returned to the Unless a written adverse or negative commenter. controlled airspace extending upward comment or a written notice of intent to from 700 feet Above Ground Level submit an adverse or negative comment The Rule (AGL) is needed to contain the SIAP and is received within the comment period, This amendment to Title 14, Code of for Instrument Flight Rule (IFR) the regulation will become effective on Federal Regulations (14 CFR) part 71 operations at the airport. The operating the date specified above. After the close establishes Class E airspace at status of the airport will change from of the comment period, the FAA will Russellville, AL, to provide controlled Visual flight Rules (VFR) to include IFR publish a document in the Federal airspace required to support the operations concurrent with the Register indicating that no adverse or Approach Procedures (SIAPs) that have publication of the SIAP. This action negative comments were received and been developed for Russellville enhances the safety and airspace confirming the effective date. If the FAA Municipal Airport. Designations for management of Russellville Municipal receives, within the comment period, an Class E airspace areas extending upward Airport, Russellville, AL. adverse or negative comment, or written from 700 feet or more above the surface DATES: Effective 0901 UTC, March 12, notice of intent to submit such a of the earth are published in FAA Order 2009. The Director of the Federal comment, a document withdrawing the 7400.9S, dated October 3, 2008, and Register approves this incorporation by direct final rule will be published in the effective October 31, 2008, which is reference action under Title 1, Code of Federal Register, and a notice of incorporated by reference in 14 CFR Federal Regulations, part 51, subject to proposed rulemaking may be published part 71.1. The Class E designations the annual revision of FAA Order with a new comment period. listed in this document will be 7400.9 and publication of conforming published subsequently in the Order. amendments. Comments for inclusion Comments Invited in the Rules Docket must be received on Although this action is in the form of Agency Findings or before January 29, 2009. a direct final rule, and was not preceded The regulations adopted herein will ADDRESSES: Send comments on this rule by a notice of proposed rulemaking, not have substantial direct effects on the to: U.S. Department of Transportation, interested persons are invited to States, on the relationship between the

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national government and the States, or § 71.1 [Amended] provide accurate authority citations for on the distribution of power and ■ 2. The incorporation by reference in the Code of Federal Regulations edition responsibilities among various levels of 14 CFR 71.1 of Federal Aviation that is to be compiled as of January 1, government. Therefore, it is determined Administration Order 7400.9S, Airspace 2009. that this direct final rule does not have Designations and Reporting Points, DATES: federalism implications under Executive This rule is effective December signed October 3, 2008, effective 15, 2008. Order 13132. October 31, 2008, is amended as The FAA has determined that this follows: FOR FURTHER INFORMATION CONTACT: regulation only involves an established William H. Arvin, Regulatory Policy body of technical regulations for which Paragraph 6005 Class E Airspace Areas Division, e-mail [email protected], frequent and routine amendments are Extending Upward From 700 Feet or More telephone 202–482–2440. necessary to keep them operationally Above the Surface of the Earth. SUPPLEMENTARY INFORMATION: current. It, therefore, (1) is not a * * * * * ‘‘significant regulatory action’’ under ASO AL E5 Russellville, AL [NEW] Background Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Russellville Municipal Airport, AL This rule updates authority citation (Lat. 34°26′42″ N., long. 87°42′42″ W.) Regulatory Policies and Procedures (44 paragraphs and makes technical FR 11034; February 26, 1979); and (3) That airspace extending upward from 700 clarifications and revisions to the Export feet above the surface of the Earth within a Administration Regulations as more does not warrant preparation of a 6.5-mile radius of the Russellville Municipal Regulatory Evaluation as the anticipated Airport. fully described below. impact is so minimal. Since this is a * * * * * Authority Citation Updates routine matter that will only affect air traffic procedures and air navigation, it Issued in College Park, Georgia, on November 20, 2008. Since 2001, the authority citations for is certified that this rule, when all parts of the Export Administration Signed By: promulgated, will not have a significant Regulations except part 745 have economic impact on a substantial Barry A. Knight, changed annually as successive number of small entities under the Acting Manager, Operations Support Group, presidential notices have extended the criteria of the Regulatory Flexibility Act. Eastern Service Center, Air Traffic Organization. emergency declared in Executive Order The FAA’s authority to issue rules 13222 of August 17, 2001 (which [FR Doc. E8–29243 Filed 12–12–08; 8:45 am] regarding aviation safety is found in continued the Export Administration Title 49 of the United States Code. BILLING CODE 4910–13–P Act (EAA) and the EAR in force upon Subtitle I, Section 106 describes the expiration of the EAA). Most recently authority of the FAA Administrator. the notice of July 23, 2008 (73 FR 43603, DEPARTMENT OF COMMERCE Subtitle VII, Aviation Programs, July 25, 2008) extended this emergency describes in more detail the scope of the Bureau of Industry and Security until August 17, 2009. In addition, the agency’s authority. authority citations for parts 730, 734, This rulemaking is promulgated 15 CFR Parts 730, 734, 736, 740, 742, 736, 742, 744 and 745 of the EAR have under the authority described in changed annually as successive Subtitle VII, Part, A, Subpart I, Section 743, 745, 747, 754, 758, 764, 766, 768, 772, and 774 presidential notices have extended the 40103. Under that section, the FAA is emergency declared in Executive Order charged with prescribing regulations to [Docket No. 0811171457–81460–01] 12938—Proliferation of Weapons of assign the use of airspace necessary to RIN 0694–AE49 Mass Destruction. Most recently the ensure the safety of aircraft and the notice of November 10, 2008 (73 FR efficient use of airspace. This regulation Export Administration Regulations: 67097, November 12, 2008) extended is within the scope of that authority as Authority Citations Updates and this emergency until November 14, it establishes Class E airspace at Technical Corrections 2009. This rule updates the authority Russellville, AL. citations paragraphs for parts 730, 734, AGENCY: Bureau of Industry and 736, 742, 743, 745, 747, 754, 758, 764, List of Subjects in 14 CFR Part 71 Security, Commerce. 766, and 768 of the EAR to reflect the Airspace, Incorporation by reference, ACTION: Final rule. most recent applicable authority Navigation (Air). citations because authority citation SUMMARY: This rule revises the authority Adoption of the Amendment citation paragraphs for 14 parts of the paragraphs for those parts have not been updated by other EAR amendments. ■ In consideration of the foregoing, the Export Administration Regulations to include citations to the most recent This rule also revises the authority Federal Aviation Administration citation paragraph for parts 740, 754 and amends 14 CFR Part 71 as follows: presidential notices that extend authority for those parts or to remove an 772 to remove one outdated citation. These revisions are needed so that the PART 71—DESIGNATION OF CLASS A, outdated citation or both. This rule also annual compilation of Title 15 of the CLASS B, CLASS C, CLASS D, AND updates addresses, telephone numbers, Code of Federal Regulations as of CLASS E AIRSPACE AREAS; procedures and a definition, removes January 1, 2009 will reflect current AIRWAYS; ROUTES; AND REPORTING some potentially confusing language, authority citations for all EAR parts. POINTS makes a necessary conforming change to one Export Control Classification Updated Address and Telephone ■ 1. The authority citation for Part 71 Number (ECCN) and restores some Information continues to read as follows: language that was dropped during a Authority: 49 U.S.C. 106(g); 40103, 40113, Code of Federal Regulations This rule updates the BIS office 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– compilation. BIS is making these address and telephone number 1963 Comp., p. 389. changes to clarify the regulations and to information in § 730.8(c).

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Updated Display of Approved request’’ to emphasize the distinction that identifies product group E— Information Collections between such requests and license Technology. applications. Supplement No. 1 to part 730 of the Restoring an ECCN Removed in Code of EAR contains a table displaying the Updated Definition of Export Federal Regulations Compilation control numbers, the titles and the Administration Review Board Export Control Classification Number references in the EAR of information Section 772.1 contains definitions of (ECCN) 5B991 was created in 1998 (63 collections contained in the EAR that terms that are used in the EAR. Prior to FR 2521, January 15, 1998). In 1999, BIS have been approved by the Office of publication of this rule, one such published two rules that revised Management and Budget (OMB). This definition ‘‘Export Administration Category 5 on the Commerce Control rule revises the title of the information Review Board,’’ described that board in List. collection identified by control number terms of its duties and members. The first such rule revised ECCNs 0607–0152 to read ‘‘Automated Export However, the duties and membership of 5A991, 5D001 and 5E001 but made no System (AES) Program’’ to reflect the that board can change from time-to- changes to 5B991 (64 FR 10861, March name change for that collection that time. This rule revises the definition to 5, 1999). The second such rule revised OMB approved on November 5, 2008. identify the Export Administration ECCNs 5A001, 5A991, 5B001, 5C001, Updated Address and Procedure for Review Board unambiguously in terms and 5C991 but made no changes to Requests To Appoint a Technical of the Executive Order that created it ECCN 5B991 (64 FR 40106, July 23, Advisory Committee and the Executive Order that gives it a 1999). BIS issued no other Federal Supplement No. 2 to part 730 sets role in export licensing decisions. BIS Register notice changing Category 5, forth certain provisions regarding BIS’s has no power to alter the membership Part I of the Commerce Control List technical advisory committees. This of this board as set by Executive Order. during calendar year 1999. rule adds the title ‘‘Assistant Secretary Nevertheless, ECCN 5B991, which had Technical and Conforming Change to been in the January 1, 1999 CFR for Export Administration’’ to the ECCN 1C202 address to which requests to appoint a compilation was not in the January 1, On January 15, 1998, the heading of new technical advisory committee 2000 compilation (Compare 15 CFR Part Export Control Classification Number should be sent and removes the 774, Supp. No. 1 (1999) to 15 CFR Part 1C202 was revised to read in pertinent statement that such requests be sent via 774 (Supp. No. 1 (2000)). This rule part ‘‘Alloys other than those controlled courier. These changes reflect BIS’s restores ECCN 5B991, which appears to by 1C002.a.2.c or [1C002.a.2].d * * *.’’ actual practice regarding requests to have been inadvertently omitted from (63 FR 2475, January 15, 1998). appoint technical advisory committees. the January 1, 2000 CFR compilation Subsequently, ECCN 1C002 was revised and has not appeared in the CFR since. Removal of Potentially Confusing to move the items controlled under This rule also replaces the phrase LVS: Language Regarding De Minimis paragraphs .a.2.c and .a.2.d to ‘‘$1,000 for Syria; N/A to Iran’’ in the Content of Foreign Made Items paragraphs .b.3 and .b.4, respectively License Exception of ECCN 5B991 with The Export Administration (67 FR 462, January 3, 2002). However, ‘‘LVS: N/A’’ because any authorization Regulations do not apply to most items the language in the heading of ECCN to use License Exception LVS for that were produced and are located 1C202 (referencing the now revised shipments to Syria is precluded by BIS’s outside the United States and that ECCN 1C002) was not changed. This General Order No. 2 of May 14, 2004 (15 contain no more than the ‘‘de minimis’’ rule revises the pertinent language in CFR Part 736, Supp. No. 1) and the level of U.S. origin content as set forth the heading of ECCN 1C202 to read reference to Iran is merely a specific in § 734.4. As noted in § 732.2(d), this ‘‘Alloys other than those controlled by instance of the general principle set de minimis exclusion applies only to 1C002.b.3 or 1C002.b.4 * * *.’’ thereby forth in § 740.3(a) of the EAR that items that are not located in the United reflecting the intent of exclusionary License Exception LVS may be used States. This rule removes § 734.3(b)(4), language in the heading of ECCN 1C202 only when identified by a stated value which could have been read as applying as originally adopted. limit in the applicable ECCN. With the the de minimis exclusion to items in the Correcting Header Language in Category removal the value limit for Syria, there United States. Section 734.3(b)(4) is also 5, Part II of the Commerce Control List is no longer any stated value limit in redundant to § 734.3(a)(3)(ii), indicating ECCN 5B991 that would apply to any that the Regulations do apply to items The Commerce Control List contains destination. Therefore, continued that contain U.S. origin commodities, headers at points in the text that reference to Iran would be superfluous. software or technology in quantities identify the ten categories into which Rulemaking Requirements exceeding the de minimis levels. the CCL is divided and the five product groups that can appear within each 1. This rule is not a significant rule for Clarification of Procedure for Requests category. Prior to publication of this purposes of Executive Order 12866. To Take an Action That Would rule, certain headers in Category 5, Part 2. Notwithstanding any other Otherwise Be Prohibited by a Denial II did not follow the pattern for such provision of law, no person is required Order headers that is used in the rest of the to respond to, nor shall any person be Section 764.3(a)(2), among other CCL. This rule makes editorial changes subject to a penalty for failure to comply things, describes the procedure for to conform to that pattern. Specifically, with a collection of information, subject requesting authorization to take an this rule: Adds the letter ‘‘A’’ to the to the requirements of the Paperwork action that would otherwise be header that identifies product group A— Reduction Act, unless that collection of prohibited by an order denying export Systems, Equipment and Components; information displays a currently valid privileges. Requests for such removes a misplaced (and duplicative) Office of Management and Budget authorizations must be submitted to the header for Category 5, Part 2; adds a Control Number. This rule involves a Office of Exporter Services. This rule previously omitted header for Category collection of information that has been adds the main mailing address for that 5, Part II, Product Group B—Test, approved by the OMB under control office and replaces the word Inspection and Production Equipment; number 0694–0088, which carries a ‘‘application’’ with the phrase ‘‘written and adds the letter ‘‘E’’ to the header burden hour estimate of 58 minutes to

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prepare and submit form BIS–748. 15 CFR Parts 740, 747, and 758 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. Miscellaneous and recordkeeping Administrative practice and activities account for 12 minutes per 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 procedure, Exports, Reporting and Comp., p. 256; E.O. 12851, 58 FR 33181, 3 submission. BIS believes that this rule recordkeeping requirements. will make no change to the number of CFR, 1993 Comp., p. 608; E.O. 12854, 58 FR submissions or to the burden imposed 15 CFR Part 742 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. by this collection. Exports, Terrorism. 3. This rule does not contain policies 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 15 CFR Part 743 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 with Federalism implications as that CFR, 1995 Comp., p. 356; E.O. 12981, 60 FR term is defined in Executive Order Administrative practice and 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13132. procedure, Reporting and recordkeeping 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 4. For all provisions of this rule other requirements. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 than the revision it makes to ECCN Comp., p. 228; E.O. 13099, 63 FR 45167, 3 1C202, BIS finds that there is good 15 CFR Part 745 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR cause under 5 U.S.C. 553(b)(3)(B) to Administrative practice and 44025, 3 CFR, 2001 Comp., p. 783; E.O. waive the provisions of the procedure, Chemicals, Exports, Foreign 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. Administrative Procedure Act requiring trade, Reporting and recordkeeping 786; E.O. 13338, 69 FR 26751, May 13, 2004; prior notice and the opportunity for requirements. Notice of July 23, 2008, 73 FR 43603 (July 25, public comment because they are 2008); Notice of November 10, 2008, 73 FR unnecessary given that these revisions 15 CFR Part 754 67097 (November 12, 2008). are not substantive changes to the EAR. Agricultural commodities, Exports, ■ These revisions are administrative in Forests and forest products, Horses, 2. In § 730.8(c), revise the second nature and do not affect the rights and Petroleum, Reporting and recordkeeping sentence to read as follows: obligations of the public. In addition, requirements. § 730.8 How to proceed and where to get the 30-day delay in effectiveness help. required by 5 U.S.C. 553(d) is not 15 CFR Part 764 * * * * * applicable because this rule is not a Administrative practice and substantive rule. With respect to the procedure, Exports, Law enforcement, (c) * * * General information revision that this rule makes to ECCN Penalties. including assistance in understanding 1C202, the provisions of the the EAR, information on how to obtain Administrative Procedure Act requiring 15 CFR Part 766 forms, electronic services, publications, notice of proposed rulemaking, the Administrative practice and and information on training programs opportunity for public participation, procedure, Confidential business offered by BIS, is available from the and a delay in effective date, are information, Exports, Law enforcement, Office of Export Services at the inapplicable because this regulation Penalties. following locations: Outreach and involves a military or foreign affairs Educational Services Division, U.S. 15 CFR Part 768 function of the United States under 5 Department of Commerce, 14th and U.S.C. 553(a)(1). No other law requires Administrative practice and Pennsylvania Avenue, NW., Room that notice of proposed rulemaking and procedure, Exports, Reporting and H1099D, Washington, DC 20230, Tel: an opportunity for public comment be recordkeeping requirements, Science (202) 482–4811, Fax: (202) 482–2927, given for this rule; therefore, the and technology. and Bureau of Industry and Security, analytical requirements of the 15 CFR Part 774 Western Regional Office, U.S. Regulatory Flexibility Act (5 U.S.C. 601 Department of Commerce, 3300 Irvine et seq.) are not applicable. Exports, Reporting and recordkeeping Avenue, Suite 345, Newport Beach, CA requirements. 92660, Tel: (949) 660–0144, Fax: (949) List of Subjects ■ Accordingly, the Export 660–9347, and Bureau of Industry and 15 CFR Part 730 Administration Regulations (15 CFR Security, Western Regional Office, Administrative practice and parts 730–774) are amended as follows. Northern California Branch, U.S. procedure, Advisory committees, Department of Commerce, 160 W. Santa PART 730—[AMENDED] Exports, Reporting and recordkeeping Clara Street, Suite 725, San Jose, CA requirements, Strategic and critical ■ 1. The authority citation for part 730 95113, Tel: (408) 998–8806, Fax: (408) materials. is revised to read as follows: 998–8677. 15 CFR Part 734 Authority: 50 U.S.C. app. 2401 et seq.; 50 ■ 3. In part 730, Supplement No. 1, U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. revise the final entry in the table to read Administrative practice and 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note; as follows: procedure, Exports, Inventions and 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 patents, Research, Science and U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 Supplement No. 1 to Part 730—Information technology. U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. Collection Requirements Under the 466c; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; Paperwork Reduction Act: OMB Control 15 CFR Parts 736, 770 and 772 22 U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 Numbers Exports. CFR, 1976 Comp., p. 114; E.O. 12002, 42 FR * * * * *

Collection No. Title Reference in the EAR

******* 0607–0152 ...... Automated Export System (AES) Program ...... §§ 740.1(d), 740.3(a)(3), 752.7(b), 752.15(a), 754.2(h), 754.4(c), 758.1, 758.2 and 758.3 of the EAR.

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■ 4. In Supplement No. 2 to part 730— 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. new sentence following the sixth Technical Advisory Committees revise 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 sentence to read as follows: the first sentence of paragraph (b)(1) to Comp., p. 783; Presidential Determination read as follows: 2003–23 of May 7, 2003, 68 FR 26459, May § 764.3 Sanctions. 16, 2003; Notice of July 23, 2008, 73 FR (a) * * * Supplement No. 2 to Part 730—Technical 43603 (July 25, 2008); Notice of November (2) * * * Authorization to engage in Advisory Committees 10, 2008, 73 FR 67097 (November 12, 2008). actions otherwise prohibited by a denial * * * * * PART 743—[AMENDED] order may be given by the Office of (b) * * * Exporter Services after consultation (1) * * * Each request for the appointment ■ 10. The authority citation for part 743 with the Office of Export Enforcement of a TAC shall be submitted in writing to: upon a written request by a person Assistant Secretary for Export is revised to read as follows: named in the denial order or by a Administration, 14th Street and Authority: 50 U.S.C. app. 2401 et seq.; Pub. Pennsylvania Ave., NW., Room 2705, L. 106–508; 50 U.S.C. 1701 et seq.; E.O. person seeking permission to deal with Washington, DC 20230. * * * 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. a named person. Submit such requests * * * * * 783; Notice of July 23, 2008, 73 FR 43603 to: Bureau of Industry and Security, (July 25, 2008). Office of Exporter Services, Room H PART 734—[AMENDED] 2705, U.S. Department of Commerce, PART 745—[AMENDED] 14th Street and Pennsylvania Ave., ■ 5. The Authority citation for part 734 NW., Washington, DC 20230. ■ 11. The authority citation for part 745 is revised to read as follows: * * * * * is revised to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, Authority: 50 U.S.C. 1701 et seq.; E.O. PART 766—[AMENDED] 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. ■ FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 950; Notice of November 10, 2008, 73 FR 17. The authority citation for part 766 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 67097 (November 12, 2008). is revised to read as follows: 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Authority: 50 U.S.C. app. 2401 et seq.; 50 Comp., p. 783; Notice of July 23, 2008, 73 FR PART 747—[AMENDED] U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 43603 (July 25, 2008); Notice of November ■ 3 CFR, 2001 Comp., p. 783; Notice of July 23, 10, 2008, 73 FR 67097 (November 12, 2008). 12. The authority citation for part 747 2008, 73 FR 43603 (July 25, 2008). is revised to read as follows: § 734.4 [Amended] Authority: 50 U.S.C. app. 2401 et seq.; 50 PART 768—[AMENDED] ■ 6. In § 734.4, remove paragraph (b)(4). U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108– ■ 11, 117 Stat. 559; E.O. 12918, 59 FR 28205, 18. The authority citation for part 768 PART 736—[AMENDED] 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 is revised to read as follows: CFR, 2001 Comp., p. 783; Presidential Authority: 50 U.S.C. app. 2401 et seq.; 50 ■ 7. The authority citation for part 736 Determination 2003–23 of May 7, 2003, 68 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, is revised to read as follows: FR 26459, May 16, 2003; Notice of July 23, 3 CFR, 2001 Comp., p. 783; Notice of July 23, Authority: 50 U.S.C. app. 2401 et seq.; 50 2008, 73 FR 43603 (July 25, 2008). 2008, 73 FR 43603 (July 25, 2008). U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. PART 754—[AMENDED] PART 772—[AMENDED] 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 ■ 13. The authority citation for part 754 ■ 19. The authority citation for part 772 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 is revised to read as follows: CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR is revised to read as follows: 44025, 3 CFR, 2001 Comp., p. 783; E.O. Authority: 50 U.S.C. app. 2401 et seq.; 50 Authority: 50 U.S.C. app. 2401 et seq.; 50 13338, 69 FR 26751, May 13, 2004; Notice of U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, July 23, 2008, 73 FR 43603 (July 25, 2008); 7430(e); 30 U.S.C. 185(s), 185(u); 42 U.S.C. 3 CFR, 2001 Comp., p. 783; Notice of July 23, Notice of November 10, 2008, 73 FR 67097 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 2008, 73 FR 43603 (July 25, 2008). (November 12, 2008). E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., ■ 20. In § 772.1, revise the definition of p. 114; E.O. 13222, 66 FR 44025, 3 CFR, 2001 ‘‘Export Administration Review Board’’ PART 740—[AMENDED] Comp., p. 783; Notice of July 23, 2008, 73 FR to read as follows: 43603 (July 25, 2008). ■ 8. The authority citation for part 740 § 772.1 Definitions of terms as used in the is revised to read as follows: PART 758—[AMENDED] Export Administration Regulations. Authority: 50 U.S.C. app. 2401 et seq.; 50 * * * * * ■ 14. The authority citation for part 758 U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; Export Administration Review is revised to read as follows: E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., Board—The body authorized by p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Authority: 50 U.S.C. app. 2401 et seq.; 50 Executive Order 12002 as amended by Comp., p. 783; Notice of July 23, 2008, 73 FR U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, Executive Orders 12755 and 13286. The 43603 (July 25, 2008). 3 CFR, 2001 Comp., p. 783; Notice of July 23, Export Administration Review Board’s 2008, 73 FR 43603 (July 25, 2008). PART 742—[AMENDED] role in license application review is in PART 764—[AMENDED] accordance with Executive Order 12981 ■ 9. The authority citation for part 742 as amended by Executive Orders 13020, is revised to read as follows: ■ 15. The authority citation for part 764 13026 and 13117. Authority: 50 U.S.C. app. 2401 et seq.; 50 is revised to read as follows: * * * * * U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; Authority: 50 U.S.C. app. 2401 et seq.; 50 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, PART 774—[AMENDED] U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 3 CFR, 2001 Comp., p. 783; Notice of July 23, ■ 21. The authority citation for part 774 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 2008, 73 FR 43603 (July 25, 2008). 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, continues to read as follows: 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 ■ 16. In § 764.3, revise the sixth Authority: 50 U.S.C. app. 2401 et seq.; 50 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. sentence of paragraph (a)(2) and add a U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.

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7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et ■ 27. In Supplement No. 1 to part 774, FOR FURTHER INFORMATION CONTACT: seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); Category 5 ‘‘Telecommunications and Russell P. Subin, (202) 622–7790 (not a 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. Information Security’’, Part II— toll-free number). 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; ‘‘Information Security,’’ immediately SUPPLEMENTARY INFORMATION: 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. following Export Control Classification 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Background 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Number 5A992 and immediately Comp., p. 783; Notice of July 23, 2008, 73 FR preceding Export Control classification Section 355 provides the rules for tax- 43603 (July 25, 2008). Number 5B002, insert a heading reading free distributions of the stock of certain controlled corporations. Since 2006 ■ ‘‘B. Test, Inspection and Production 22. In supplement No. 1 to part 774, Equipment.’’ Congress has enacted several Category 1, Export Control Classification ■ 28. In Supplement No. 1 to part 774, amendments to section 355. See Number 1C202, revise the heading to Category 5 ‘‘Telecommunications and sections 202 and 507 of the Tax Increase read as follows: Information Security’’, Part II— Prevention and Reconciliation Act of 1C202 Alloys other than those controlled ‘‘Information Security,’’ immediately 2005, Public Law 109–222 (120 Stat. by 1C002.b.3 or 1C002.b.4 as follows (see following the text of Export Control 345); Division A, Section 410 of the Tax List of Items Controlled) Classification Number 5D992 and Relief and Health Care Act of 2006, * * * * * immediately preceding Export Control Public Law 109–432 (120 Stat. 2922, ■ 24. In Supplement No. 1 to part 774, Classification Number 5E002 revise the 2963); Section 4(b) of the Tax Technical Category 5 ‘‘Telecommunications and header that reads ‘‘Technology’’ to read Corrections Act of 2007, Public Law Information Security’’, Part I— ‘‘E. Technology’’. 110–172 (121 Stat. 2473, 2476) ‘‘Telecommunications’’, immediately (Technical Corrections). Furthermore, Dated: December 8, 2008. the IRS and Treasury Department have following the text of Export Control Christopher R. Wall, Classification Number 5B001 and issued proposed § 1.355–3 (72 FR 26012 Assistant Secretary for Export (May 8, 2007), 2007–23 IRB 1357), immediately preceding the header that Administration. reads ‘‘C. Materials’’ add Export Control which would provide guidance [FR Doc. E8–29604 Filed 12–12–08; 8:45 am] Classification Number 5B991 to read as regarding satisfaction of the active trade follows: BILLING CODE 3510–33–P or business (ATB) requirement of section 355(b). 5B991 Telecommunications test equipment, Section 355(a) provides that, under n.e.s. DEPARTMENT OF THE TREASURY certain circumstances, a corporation License Requirements may distribute stock and securities in a Internal Revenue Service Reason for Control: AT corporation it controls to its shareholders and security holders Control(s) Country chart 26 CFR Part 1 without causing either the distributing [TD 9435] corporation (distributing) or its AT applies to entire entry ... AT Column 1. shareholders and security holders to RIN 1545–BH61 recognize income, gain, or loss. For this License Exceptions purpose, control is defined under Guidance Regarding the Treatment of LVS: N/A section 368(c). GBS: N/A Stock of a Controlled Corporation Sections 355(a)(1)(C) and 355(b)(1) CIV: N/A Under Section 355(a)(3)(B) generally require that distributing and the controlled corporation (controlled) List of Items Controlled AGENCY: Internal Revenue Service (IRS), each be engaged, immediately after the Treasury. Unit: $ value distribution, in the active conduct of a Related Controls: N/A ACTION: Final and temporary trade or business. Section 355(b)(2)(A) Related Definitions: N/A regulations. provides that a corporation shall be Items: treated as engaged in the active conduct The list of items controlled is contained in SUMMARY: This document contains final of a trade or business if and only if it the ECCN heading. and temporary regulations that provide is engaged in the active conduct of a guidance regarding the distribution of ■ 25. In Supplement No. 1 to part 774, trade or business. Category 5 ‘‘Telecommunications and stock of a controlled corporation Section 355(b)(2)(B) requires that the Information Security’’, Part II acquired in a transaction described in trade or business have been actively ‘‘Information Security,’’ immediately section 355(a)(3)(B) of the Internal conducted throughout the five-year following the end of Note 3, paragraph Revenue Code (Code). This action is period ending on the date of the .d and immediately preceding Export necessary in light of amendments to distribution (pre-distribution period). Control Classification Number 5A002 section 355(b). These temporary Section 355(b)(2)(C) provides that the revise the header that reads ‘‘Systems, regulations will affect corporations and trade or business must not have been Equipment and Components’’ to read their shareholders. The text of these acquired in a transaction in which gain ‘‘A. Systems, Equipment and temporary regulations also serves as the or loss was recognized, in whole or in Components’’ text of the proposed regulations set forth part (taxable transaction or taxable ■ 26. In Supplement No. 1 to part 774, in the notice of proposed rulemaking on acquisition), within the pre-distribution Category 5 ‘‘Telecommunications and this subject in the Proposed Rules period. Section 355(b)(2)(D) provides Information Security’’, Part II section in this issue of the Federal that control of a corporation that (at the ‘‘Information Security,’’ immediately Register. time of acquisition of control) was following Export Control Classification DATES: Effective Date: These final and conducting the trade or business must Number 5A002 and immediately temporary regulations are effective on not have been directly or indirectly preceding Export Control classification December 15, 2008. acquired by any distributee corporation Number 5A992, remove the heading that Applicability Date: For dates of or by distributing during the pre- reads ‘‘Part 2—Information Security.’’ applicability, see § 1.355–2T(i). distribution period in a taxable

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transaction. For purposes of section period shall not be treated as stock of Congressional Record at the request of 355(b)(2)(D), all distributee corporations controlled but shall be treated as ‘‘other Senator Baucus, who stated that the that are members of the same affiliated property.’’ However, for purposes of explanation expressed the Senate group (as defined in section 1504(a) section 355(a)(1)(D), the stock so Finance Committee’s understanding of without regard to section 1504(b)) shall acquired is stock of controlled. the bill). be treated as one distributee Section 355(b)(3)(D) provides that the Accordingly, the SAG regime affords corporation. Secretary shall prescribe such a group a certain amount of flexibility Section 355(b)(3)(A) provides that for regulations as are necessary or regarding the satisfaction of the ATB purposes of determining whether a appropriate to carry out the purposes of requirement. For example, Congress corporation meets the requirements of section 355(b)(3), including regulations indicated that, for purposes of section section 355(b)(2)(A), all members of that provide for the proper application 355(b), in certain circumstances a stock such corporation’s separate affiliated of section 355(b)(2)(B), (C), and (D), and acquisition will be treated in a manner group (SAG) shall be treated as one modify the application of section comparable to an asset acquisition and, corporation. Section 355(b)(3)(B) 355(a)(3)(B), in connection with the as such, may constitute an expansion of provides that for purposes of section application of section 355(b)(3). an existing trade or business. The IRS 355(b)(3), the term SAG means, with Pursuant to this grant of authority, these and Treasury Department have further respect to any corporation, the affiliated temporary regulations modify the interpreted the SAG regime to disregard group that would be determined under application of section 355(a)(3)(B) in acquisitions of additional stock of a section 1504(a) if such corporation were order to harmonize the hot stock rule current subsidiary SAG member for the common parent and section 1504(b) and section 355(b). purposes of satisfying the ATB did not apply. Section 355(b)(3)(C) requirement. See proposed § 1.355– provides that if a corporation became a Explanation of Provisions 3(b)(1)(ii). SAG member as a result of one or more 1. Hot Stock Rule Inapplicable Where Although the SAG regime is not taxable transactions, any trade or Controlled Is a DSAG Member applicable for purposes of section business conducted by such corporation 355(a)(3)(B), the Technical Corrections Congress enacted section 355(b)(3) (at the time that such corporation provide a specific grant of regulatory because it was concerned that, prior to became such a member) shall be treated authority indicating that the application for purposes of section 355(b)(2) as a distribution under section 355, of the hot stock rule may be modified acquired in a taxable transaction. corporate groups conducting business in to apply in a manner consistent with the Section 355(b)(3)(A) through (C) are separate corporate entities often had to SAG regime of section 355(b)(3). collectively referred to in this preamble undergo elaborate restructurings to Toward that end, these temporary as the SAG regime. In addition, for place active businesses in the proper regulations reflect the fundamental purposes of this preamble, the term entities to satisfy the ATB requirement. conclusion that the hot stock rule DSAG means the SAG of which See, for example, H.R. Rep. No. 109– should not apply to any acquisition of distributing is the common parent, 304, at 53, 54 (2005). The effect of stock of controlled where controlled is CSAG means the SAG of which section 355(b)(3) is to treat a a DSAG member at any time after the controlled is the common parent, and corporation’s SAG as a single acquisition (but prior to the distribution generally the ‘‘SAG’’ of a corporation corporation for purposes of the ATB of controlled). means the SAG of which such requirement. Consistent with this Such a conclusion resolves conflicts corporation is the common parent. In treatment, Congress enacted the that would otherwise arise under addition, throughout this preamble, Technical Corrections to clarify: section 355(a)(3)(B) and section 355(b). references to DSAG and CSAG include that if a corporation became a member of a For example, suppose distributing a reference to distributing and separate affiliated group as a result of one or acquired all of controlled’s stock in a controlled, respectively, where such more transactions in which gain or loss was taxable transaction that qualified as an respective corporation is not the recognized in whole or in part, any trade or expansion of distributing’s existing common parent of a SAG (for example, business conducted by such corporation (at trade or business under the SAG regime, the time that such corporation became such and later distributed all such stock such corporation has no subsidiaries). a member) is treated for purposes of section Section 355(a)(3)(B) provides that for 355(b)(2) as acquired in a transaction in within five years of the acquisition in an purposes of section 355 (other than which gain or loss was recognized in whole unrelated transaction. The distribution section 355(a)(1)(D)) and so much of or in part. Accordingly, such an acquisition would satisfy the ATB requirement but, section 356 as relates to section 355, is subject to the provisions of section absent the rule reflected in these stock of controlled acquired by 355(b)(2)(C), and may qualify as an temporary regulations, could otherwise distributing by reason of any transaction expansion of an existing active trade or be fully taxable under the hot stock rule. (i) which occurs within five years of the business conducted by the distributing Such a result seems inconsistent with distribution of such stock, and (ii) corporation or the controlled corporation, as Congressional intent. Similarly, to which is a taxable transaction, shall not the case may be. achieve consistency with the SAG The provision clarifies that the Treasury be treated as stock of controlled, but as Department shall prescribe regulations that regime, if controlled is a DSAG member other property (hot stock rule). Stock provide for the proper application of sections and distributing acquires additional treated as other property under section 355(b)(2)(B), (C), and (D) in the case of any controlled stock, such acquisition 355(a)(3)(B) is referred to in this corporation that is tested for active business should be disregarded for purposes of preamble as hot stock. under the separate affiliated group rule, and section 355(a)(3)(B). Section 1.355–2(g) (as applied prior to that modify the application of section Therefore, these temporary the applicability of these temporary 355(a)(3)(B) in the case of such a corporation regulations generally provide that regulations) (former § 1.355–2(g)) in a manner consistent with the purposes of controlled stock acquired by the DSAG provides that for purposes of section the provision. within the pre-distribution period in a 355(a)(1)(A), stock of controlled 153 Cong. Rec. S16057 (daily ed. Dec. taxable transaction constitutes hot stock, acquired in a taxable transaction (other 19, 2007) (Joint Committee on except if controlled is a DSAG member than a transaction described in § 1.355– Taxation’s explanation of H.R. 4839, at any time after the acquisition (but 3(b)(4)(iii)) within the pre-distribution which explanation was printed in the prior to the distribution of controlled).

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Accordingly, each of Rev. Rul. 76–54 A. Dunn Trust and Predecessor Issues addressed in Dunn Trust v. (1976–1 CB 96) and Rev. Rul. 65–286 Section 355(a)(3)(B) applies to Commissioner, 86 T.C. 745 (1986), acq. (1965–2 CB 92) is obsolete. controlled stock acquired by reason of (1998–1 CB 5 n. 4 (acquiescing in result only)), except that in Dunn Trust the 2. Transfers Among DSAG Members any transaction during the pre- distribution period in which gain or loss target that was acquired by distributing Consistent with the SAG regime, is recognized in whole or in part. The was not subsequently acquired by which treats the DSAG as a single primary types of transactions for which controlled in a section 381(a) corporation, transfers of controlled stock the IRS and Treasury Department are transaction. Instead, in Dunn Trust, distributing acquired stock of target in a owned by DSAG members immediately considering issuing additional guidance taxable transaction and subsequently before and immediately after the generally involve the effect of indirect contributed such target stock (which transfer are disregarded and are not acquisitions and the extent to which stock could not have been distributed treated as acquisitions for purposes of predecessor rules should apply for purposes of the hot stock rule. Although without violating section 355(a)(3)(B)) to the hot stock rule. Compare proposed controlled in exchange for controlled § 1.355–3(b)(1)(ii) (applying a similar the IRS and Treasury Department are considering addressing in future stock in a nontaxable transaction. The rule for purposes of the ATB Tax Court ruled that the controlled requirement). guidance the issues arising in transactions described in this section stock was not hot stock under section 3. Hot Stock Rule Inapplicable to 4.A. of the preamble, no inference 355(a)(3)(B). Where distributing Acquisitions From Certain Affiliates should be drawn regarding the present acquires target stock in a taxable application of section 355(a)(3)(B), transaction, and the target is Former § 1.355–2(g) provided that the including these temporary regulations, subsequently either combined with hot stock rule did not apply to to such transactions. controlled in a nontaxable section acquisitions of controlled stock in a For example, future guidance may 381(a) transaction or (as in Dunn Trust) transaction described in § 1.355– address whether, in a situation where a acquired by controlled in a nontaxable 3(b)(4)(iii) (affiliate exception). In other corporation that owns controlled stock stock acquisition, the IRS and Treasury words, former § 1.355–2(g) generally joins the DSAG in a taxable transaction, Department believe that such exempted from the hot stock rule an the DSAG is treated as acquiring the acquisitions raise an issue as to whether acquisition of controlled stock by controlled stock in a taxable transaction. target or controlled is the ‘‘real distributing from a member of the Compare section 355(b)(3)(B); proposed controlled’’ for purposes of section affiliated group (as defined in § 1.355– § 1.355–3(b)(1)(ii) and (b)(4)(i). 355(a)(3)(B). 3(b)(4)(iv)) of which distributing was a Similarly, guidance may address the Identifying the ‘‘real controlled’’ member. Compare Notice 2007–60, treatment of taxable acquisitions of might be illustrated by the following 2007–2 CB 466 (IRS will not challenge controlled stock during the pre- example. Assume that distributing owns applicability of § 1.355–3(b)(4)(iii) to distribution period by a corporation that an amount of stock in controlled that distributions effected on or before date subsequently joins the DSAG in a constitutes control within the meaning temporary or final regulations nontaxable transaction. of section 368(c) but which does not modifying § 1.355–3(b)(4)(iii) are The IRS and Treasury Department are meet the requirements of section published). These temporary regulations also considering issuing additional 1504(a)(2). Controlled, in turn, owns retain the affiliate exception of former guidance that treats the DSAG as stock of a target subsidiary that satisfies § 1.355–2(g) (including its treatment of making any acquisition made by a the requirements of section 1504(a)(2). stock described in section 1504(a)(4)). predecessor of a DSAG member. Distributing acquires additional target The IRS and Treasury Department, Compare H.R. Rep. No. 83–2543, at 38 stock in a taxable transaction, which however, continue to study what impact (1954) (Conf. Rep.) (‘‘by reason of’’ stock is then contributed to controlled transfers between affiliates should have language of section 355(a)(3)(B) in exchange for additional controlled on the satisfaction of the ATB encompasses purchase of controlled stock in a transaction to which section requirement and the application of the stock by a corporation that is in control 351(a) applies. Assume that neither hot stock rule and believe that, when of distributing prior to ‘‘downstairs controlled nor target joins the DSAG finalized, the rules regarding the ATB merger’’ by such purchaser into after either step. The question under requirement and the hot stock rule distributing). For this purpose, a section 355(a)(3)(B) is whether a target should generally be applied consistently predecessor of a corporation would be a whose stock is acquired by the DSAG in with respect to transactions between corporation that transfers its assets to a taxable transaction should be treated as the ‘‘real controlled’’, where such affiliates. such corporation in a transaction to which section 381(a) applies. Such additional target stock is subsequently 4. Future Guidance Under Section guidance would address the acquired by the actual controlled (or, in 355(a)(3)(B) circumstances in which a predecessor of some cases, a CSAG member) in a distributing (or predecessor of a DSAG nontaxable transaction. The IRS and The IRS and Treasury Department are member) effects an acquisition of Treasury Department are considering considering issuing additional guidance controlled stock described in section issuing guidance that would provide under section 355(a)(3)(B), as described 355(a)(3)(B). that a target whose stock is acquired by in this section 4 of the preamble. Such Additionally, if a DSAG acquires distributing in a taxable transaction may guidance would be in addition to, rather stock of a corporation (target) during the be treated as the ‘‘real controlled’’ for than in replacement of, these temporary pre-distribution period in a taxable purposes of section 355(a)(3)(B) if, at the regulations. In the Proposed Rules transaction and such target is time of the distribution, the CSAG section in this issue of the Federal subsequently acquired by controlled in cannot satisfy the requirements of Register (REG–150670–07), comments a section 381(a) transaction, the earlier section 355(b) without taking into are requested regarding these temporary taxable acquisition of target stock may account an ATB conducted by the target regulations and the issues described in implicate section 355(a)(3)(B). A at the time the DSAG acquired the stock this preamble. conceptually similar issue was of the target in the taxable transaction.

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In other words, section 355(a)(3)(B) be hot stock. Therefore, a redemption by Effective/Applicability Date could be implicated as a result of an controlled of its stock from unrelated These temporary regulations are acquisition of target stock if the target is parties generally should not cause any generally applicable for distributions engaged in an ATB at the time the portion of distributing’s controlled stock occurring after December 15, 2008. DSAG acquires the target stock in a to become hot stock. Such a rule may be However, unless taxpayers elect taxable transaction, the target stock is distinguishable from the rule under otherwise, these temporary regulations then acquired by controlled (or, in some section 355(b)(2)(D). See McLaulin v. do not apply to any distribution cases, a CSAG member) prior to the Commissioner, 276 F.3d 1269 (11th Cir. occurring after December 15, 2008 that distribution, and at the time of the 2001) (applying section 355(b)(2)(D) is pursuant to a transaction which is (1) distribution of the controlled stock the when distributing acquired control of a made pursuant to an agreement which CSAG is not able to satisfy the subsidiary through a redemption of was binding on December 15, 2008, and requirements of section 355(b) without subsidiary stock), and Rev. Rul. 57–144 at all times thereafter; (2) described in taking into account an ATB that was (1957–1 CB 123) (same). a ruling request submitted to the IRS on being conducted by the target at the time the DSAG acquired the target stock The distinction can be made based on or before such date; or (3) described on in the taxable transaction. the different focus of the provisions. or before such date in a public Section 355(a)(3)(B) provides that announcement or in a filing with the B. Issuances of Controlled Stock Outside controlled stock ‘‘acquired by the Securities and Exchange Commission. the Dunn Trust or Predecessor Context distributing corporation’’ during the Furthermore, taxpayers may elect to The IRS and Treasury Department are pre-distribution period in a taxable apply these temporary regulations considering additional guidance that transaction is hot stock, and is directed retroactively to distributions to which would generally provide that issuances at the property distributed to the section 4(b) of the Technical Corrections of controlled stock by controlled to distributing shareholders. In a applies (generally to distributions distributing in a taxable transaction do redemption, generally no additional occurring after May 17, 2006). not give rise to hot stock. For example, shares of stock are acquired by Effect on Other Documents such an acquisition may occur where distributing, and generally no additional section 357(c) applies (see Rev. Rul. 78– value is distributed to the distributing The following publications are 442, (1978–2 CB 143) (distributing shareholders. In contrast, section obsolete as of the applicability of these transfers a business to wholly-owned 355(b)(2)(D) prohibits the acquisition of temporary regulations: controlled, which assumes distributing’s ‘‘control of a corporation.’’ Control is a Rev. Rul. 76–54 (1976–1 CB 96). liabilities)). As noted in Rev. Rul. 78– requisite status in order for distributing Rev. Rul. 65–286 (1965–2 CB 92). 442, the IRS and Treasury Department to distribute the stock of controlled to Special Analyses believe that section 355(b)(2)(C) was not its shareholders under section 355. A intended to apply to such an acquisition redemption can confer this status on It has been determined that this of a trade or business by controlled from distributing without distributing’s Treasury decision is not a significant distributing under the facts of that acquiring any additional shares of stock. regulatory action as defined in Executive Order 12866. Therefore, a ruling even if it is a taxable transaction However, for purposes of section because the acquisition was not from an regulatory assessment is not required. 355(a)(3)(B), the IRS and Treasury These temporary regulations provide ‘‘outside party’’. ‘‘[F]or the same Department believe that a redemption of reasons, section 355(a)(3)[(B)] * * * is taxpayers with relief from the controlled stock from a shareholder application of section 355(a)(3)(B) in not applicable to the distribution’’ of other than distributing is the equivalent controlled stock acquired in such a certain situations. For this reason, it has of distributing’s purchase of controlled been determined, pursuant to 5 U.S.C. transaction. stock from the redeemed shareholder to The IRS and Treasury Department 553(b)(B), that good cause exists for the extent distributing is the source of request comments regarding the extent dispensing with the notice and public funds for the redemption. Further, the to which issuances by controlled of comment procedures and that, pursuant IRS and Treasury Department are controlled stock to distributing in to 5 U.S.C. 553(d)(3), good cause exists studying whether there are other taxable transactions should not give rise to dispense with a delayed effective situations in which distributing’s to hot stock, whether distributing must date. For the applicability of the increased percentage ownership in own some minimum percentage in Regulatory Flexibility Act refer to the controlled resulting from redemptions controlled at the time of such issuance Special Analyses section of the of controlled stock from a shareholder in order for such an acquisition to be preamble to the cross-reference notice of other than distributing should be treated excepted from section 355(a)(3)(B), and proposed rulemaking published in the as hot stock. the extent to which such transactions Proposed Rules section in this issue of are adequately addressed under section 5. Request for Comments the Federal Register. Pursuant to 355(a)(1)(B) (relating to device) and section 7805(f) of the Code, these section 355(g) (relating to distributions In the Proposed Rules section in this regulations have been submitted to the involving disqualified investment issue of the Federal Register (REG– Chief Counsel for Advocacy of the Small corporations). 150670–07), the IRS and Treasury Business Administration for comment Department are requesting comments on their impact on small business. C. Redemptions of Controlled Stock regarding these temporary regulations, Finally, the IRS and Treasury including comments on whether section Drafting Information Department request comments regarding 355(a)(3)(B) should use the same The principal author of these the effect of redemptions of controlled definition of taxable transaction as temporary regulations is Russell P. stock under section 355(a)(3)(B). section 355(b), whether the exception Subin of the Office of Associate Chief Generally, if the controlled shares for acquisitions from certain affiliates Counsel (Corporate). However, other distributed by distributing were not should be the same for both provisions, personnel from the IRS and Treasury acquired by distributing during the pre- and the other issues described in this Department participated in their distribution period, such shares cannot preamble. development.

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Availability of IRS Documents § 1.355–1 Distribution of stock and (3) DSAG. For purposes of this securities of a controlled corporation. Documents published in the IRB cited paragraph (g), a DSAG is the distributing in this preamble are available from the (a) Effective/applicability date of corporation’s separate affiliated group Superintendent of Documents, U.S. certain sections. Except as otherwise (the affiliated group which would be Government Printing Office, provided, this section and §§ 1.355–2 determined under section 1504(a) if Washington, DC 20402. through 1.355–4 apply to transactions such corporation were the common occurring after February 6, 1989. For parent and section 1504(b) did not List of Subjects in 26 CFR Part 1 transactions occurring on or before that apply) that consists of the distributing Income taxes, Reporting and date, see 26 CFR 1.355–1 through 1.355– corporation as the common parent and recordkeeping requirements. 4 (revised as of April 1, 1987). This all corporations affiliated with the section and §§ 1.355–2 through 1.355–4, distributing corporation through stock Amendments to the Regulations other than § 1.355–2(g), do not reflect ownership described in section ■ Accordingly, 26 CFR part 1 is the amendments to section 355 made by 1504(a)(1)(B) (regardless of whether the amended as follows: the Revenue Act of 1987, the Technical corporations are includible corporations and Miscellaneous Revenue Act of 1988, under section 1504(b)). For purposes of PART 1—INCOME TAXES and the Tax Technical Corrections Act paragraph (g)(1) of this section, any of 2007. For the applicability date of reference to the DSAG is a reference to ■ Paragraph 1. The authority citation §§ 1.355–2T(g), 1.355–5, 1.355–6 and the distributing corporation if it is not for part 1 is amended by adding an entry 1.355–7, see §§ 1.355–2T(i), 1.355–5(e), the common parent of a separate in numerical order to read in part as 1.355–6(g), and 1.355–7(k), respectively. affiliated group. follows: * * * * * (4) Taxable transaction—(i) Generally. For purposes of this paragraph (g), a Authority: 26 U.S.C. 7805 * * *. ■ Par. 5. Section 1.355–2 is amended by taxable transaction is a transaction in Section 1.355–2T(g) also issued under 26 revising paragraph (g) and adding U.S.C. 355(b)(3)(D). * * * which gain or loss was recognized in paragraph (i) to read as follows: whole or in part. ■ Par. 2. Section 1.355–0 is amended by § 1.355–2 Limitations. (ii) Dunn Trust and predecessor amending the entry under § 1.355–2 to * * * * * issues. [Reserved]. revise paragraph (g) and add paragraph (5) Examples. The following examples (i) to read as follows: (g) [Reserved]. For further guidance, see § 1.355–2T(g). illustrate this paragraph (g). Assume § 1.355–0 Outline of sections. that C, D, P, and S are corporations, X * * * * * is an unrelated individual, each of the * * * * * (i) [Reserved]. For further guidance, transactions is unrelated to any other see § 1.355–2T(i). § 1.355–2 Limitations. ■ transaction and, but for the issue of Par. 6. Section 1.355–2T is added to whether C stock is treated as ‘‘other * * * * * read as follows: (g) [Reserved]. property’’ under section 355(a)(3)(B), the distributions satisfy all of the * * * * * § 1.355–2T Limitations (temporary). requirements of section 355. No (i) [Reserved]. (a) through (f)(2) [Reserved]. For inference should be drawn from any of ■ Par. 3. Section 1.355–0T is added to further guidance, see § 1.355–2(a) these examples as to whether any read as follows: through (f)(2). (g) Recently acquired controlled stock requirements of section 355 other than § 1.355–0T Outline of sections under section 355(a)(3)(B)—(1) Other section 355(a)(3)(B), as specified, are (temporary). property. Except as provided in satisfied. Furthermore, the following This section lists the major paragraph (g)(2) of this section, for definitions apply: paragraphs under § 1.355–2T. purposes of section 355(a)(1)(A), section (i) Purchase is an acquisition that is 355(c), and so much of section 356 as a taxable transaction. § 1.355–2T Limitations (temporary). (ii) Section 368(c) stock is stock relates to section 355, stock of a constituting control within the meaning (a) through (f)(2) [Reserved]. For controlled corporation acquired by the of section 368(c). further guidance, see the entries for DSAG in a taxable transaction (as (iii) Section 1504(a)(2) stock is stock § 1.355–2(a) through (f)(2) in § 1.355–0. defined in paragraph (g)(4) of this meeting the requirements of section (g) Recently acquired controlled stock section) within the five-year period 1504(a)(2). under section 355(a)(3)(B). ending on the date of the distribution (1) Other property. (pre-distribution period) shall not be Example 1. Hot stock. For more than five (2) Exceptions. treated as stock of the controlled years, D has owned section 368(c) stock but (3) DSAG. corporation but shall be treated as not section 1504(a)(2) stock of C. In year 6, (4) Taxable transaction. D purchases additional C stock from X. ‘‘other property.’’ Transfers of However, D does not own section 1504(a)(2) (5) Examples. controlled corporation stock that is (h) [Reserved]. For further guidance, stock of C after the year 6 purchase. If D owned by the DSAG immediately before distributes all of its C stock within five years see the entry for § 1.355–2(h) in § 1.355– and immediately after the transfer are after the year 6 purchase, for purposes of 0. disregarded and are not acquisitions for section 355(a)(1)(A), section 355(c), and so (i) Effective/applicability date. purposes of this paragraph (g)(1). much of section 356 as relates to section 355, (1) In general. (2) Exceptions. Paragraph (g)(1) of this the C stock purchased in year 6 would be (2) Transition election. section does not apply to an acquisition treated as ‘‘other property.’’ See paragraph (3) Retroactive election. of stock of the controlled corporation— (g)(1) of this section. Example 2. C becomes a DSAG member. (4) Manner of election. (i) If the controlled corporation is a (5) Prior law. For more than five years, D has owned DSAG member at any time after the section 368(c) stock but not section (6) Expiration date. acquisition (but prior to the 1504(a)(2) stock of C. In year 6, D purchases ■ Par. 4. Section 1.355–1 is amended by distribution); or additional C stock from X such that D’s total revising paragraph (a) to read as follows: (ii) Described in § 1.355–3(b)(4)(iii). ownership of C is section 1504(a)(2) stock. If

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D distributes all of its C stock within five (iii) Described on or before such date DEPARTMENT OF HOMELAND years after the year 6 purchase, the in a public announcement or in a filing SECURITY distribution of the C stock purchased in year with the Securities and Exchange 6 would not be treated as ‘‘other property’’ Coast Guard because C becomes a DSAG member. See Commission. paragraph (g)(2)(i) of this section. The result (2) Transition election. In the case of 33 CFR Part 110 would be the same if D did not own any C any distribution described in the second stock prior to year 6 and D purchased all of sentence of paragraph (i)(1) of this the C stock in year 6. See paragraph (g)(2)(i) [Docket No. USCG–2008–0497] of this section. Similarly, if D did not own section, taxpayers may elect to apply all any C stock prior to year 6, D purchased 20 of paragraphs (g)(1) through (g)(5) of this percent of the C stock in year 6, and then section. However, neither the RIN 1625–AA01 acquired all of the remaining C stock in year distributing corporation nor any person 7, the C stock purchased in year 6 and the Special Anchorage Area ‘‘A’’, Boston related to the distributing corporation Harbor, MA C stock acquired in year 7 (even if purchased) within the meaning of section 267(b) would not be treated as ‘‘other property’’ because C becomes a DSAG member. See (determined immediately before or AGENCY: Coast Guard, DHS. paragraph (g)(2)(i) of this section. immediately after the distribution) may ACTION: Final rule. Example 3. Intra-SAG transaction. For make such an election with respect to a more than five years, D has owned all of the distribution unless all such persons SUMMARY: The Coast Guard hereby stock of S. D and S, in the aggregate, have make such an election with respect to amends the Boston Inner Harbor Special owned section 368(c) stock but not section such distribution. Anchorage Area ‘‘A’’ at the entrance to 1504(a)(2) stock of C. Therefore, D and S are DSAG members, but C is not. In year 6, D (3) Retroactive election. In the case of Fort Point Channel in Boston Harbor, purchases S’s C stock. If D distributes all of any distribution occurring on or before Boston, MA at the request of the Boston its C stock within five years after the year 6 December 15, 2008, taxpayers may elect Harbormaster and the Boston Harbor purchase, the distribution of the C stock to apply all of paragraphs (g)(1) through Yacht Club. This action will provide purchased in year 6 would not be treated as additional anchorage space and provide (g)(5) of this section to distributions to ‘‘other property’’. D’s purchase of the C stock a safe and secure anchorage for vessels which section 4(b) of the Tax Technical from S is disregarded for purposes of of not more than 65 feet in length. paragraph (g)(1) of this section because that Corrections Act of 2007, Public Law C stock was owned by the DSAG 110–172 (121 Stat. 2473, 2476) applies DATES: This rule is effective January 14, immediately before and immediately after the (generally applicable to distributions 2009. purchase. See paragraph (g)(1) of this section. made after May 17, 2006, as provided in ADDRESSES: Comments and material Example 4. Affiliate exception. For more received from the public, as well as than five years, P has owned 90 percent of section 4(d) of that act). However, the sole outstanding class of the stock of D neither the distributing corporation nor documents mentioned in this preamble and a portion of the stock of C, and X has any person related to the distributing as being available in the docket, are part owned the remaining 10 percent of the D corporation within the meaning of of docket USCG–2008–0497 and are stock. Throughout this period, D has owned section 267(b) (determined immediately available online by going to http:// section 368(c) stock but not section before or immediately after the www.regulations.gov, selecting the 1504(a)(2) stock of C. In year 6, D purchases Advanced Docket Search option on the P’s C stock. However, D does not own section distribution) may make such an election with respect to a distribution unless all right side of the screen, inserting USCG– 1504(a)(2) stock of C after the year 6 2008–0497 in the Docket ID box, purchase. If D distributes all of its C stock to such persons make such an election pressing Enter, and then clicking on the X in exchange for X’s D stock within five with respect to such distribution. years after the year 6 purchase, the item in the Docket ID column. This distribution of the C stock purchased in year (4) Manner of election. Taxpayers may material is also available for inspection 6 would not be treated as ‘‘other property’’ make any election available under this or copying at two locations: The Docket because the C stock was purchased from a paragraph (i) by applying the selected Management Facility (M–30), U.S. member (P) of the affiliated group (as defined rule on its original or amended return. Department of Transportation, West in § 1.355–3(b)(4)(iv)) of which D is a (5) Prior law. For distributions to Building Ground Floor, Room W12–140, member, and P did not purchase that C stock which paragraphs (g)(1) through (g)(5) of 1200 New Jersey Avenue, SE., within the pre-distribution period. See Washington, DC 20590, between 9 a.m. paragraph (g)(2)(ii) of this section. this section do not apply, see § 1.355– 2(g), as contained in 26 CFR part 1, and 5 p.m., Monday through Friday, (h) [Reserved]. For further guidance, revised as of April 1, 2008. except Federal holidays; and the see § 1.355–2(h). Commander (dpw), First Coast Guard (i) Effective/applicability date—(1) In (6) Expiration date. The applicability District, 408 Atlantic Ave., Boston, MA general. Paragraphs (g)(1) through (g)(5) of paragraph (i) of this section will 02110 between 7 a.m. and 3 p.m., of this section apply to distributions expire on December 15, 2011. Monday through Friday, except Federal occurring after December 15, 2008. holidays. However, except as provided in Steve T. Miller, FOR FURTHER INFORMATION CONTACT: paragraph (i)(2) of this section, (Acting) Deputy Commissioner for Services If paragraphs (g)(1) through (g)(5) of this and Enforcement. you have questions on this rule, call Mr. section do not apply to any distribution Eric Solomon, John J. Mauro, Commander (dpw), First occurring after December 15, 2008 that Coast Guard District, 408 Atlantic Ave., Assistant Secretary of the Treasury (Tax Boston, MA 02110, Telephone (617) is pursuant to a transaction which is— Policy). (i) Made pursuant to an agreement 223–8355 or e-mail [FR Doc. E8–29544 Filed 12–12–08; 8:45 am] [email protected]. If you have which was binding on December 15, BILLING CODE 4830–01–P 2008, and at all times thereafter; questions on viewing the docket, call (ii) Described in a ruling request Renee V. Wright, Program Manager, submitted to the Internal Revenue Docket Operations, telephone 202–366– Service on or before such date; or 9826. SUPPLEMENTARY INFORMATION:

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Regulatory Information Area ‘‘A’’ was moved northward to Discussion of Comments and Changes On August 20, 2008, we published a allow a more favorable approach to No comments or changes were notice of proposed rulemaking (NPRM) Rowes Wharf and the southern suggested to the proposed rule. None entitled Special Anchorage ‘‘A’’, Boston boundary of Anchorage Area ‘‘C’’ was have been made. relocated northward to open up the Harbor, MA in the Federal Register (73 Regulatory Analyses FR 49131). We received no letters approach to Fort Point Channel. The commenting on the proposed rule. No eastern boundary of Anchorage Area We developed this rule after public meeting was requested, and none ‘‘C’’ was moved away from the main considering numerous statutes and was held. shipping channel. executive orders related to rulemaking. At the same time, administration of Below we summarize our analyses Background and Purpose the anchorage area was given to the based on 13 of these statutes or In 1982, three anchorages were Harbormaster of the City of Boston executive orders. established in response to a request by pursuant to local ordinances. The City Regulatory Planning and Review the Boston Harbormaster. These three of Boston was also given charge of anchorages were designated Boston installing and maintaining suitable This rule is not a significant Inner Harbor A, Boston Inner Harbor B, navigational aids to mark the limits of regulatory action under section 3(f) of and Boston Inner Harbor C. When they the anchorage area. Executive Order 12866, Regulatory were created, 39 of 43 comments were Planning and Review, and does not In 1985, in response to a request by require an assessment of potential costs in favor of the anchorage the Boston Harbormaster, Boston Police establishments. Many of the initial and benefits under section 6(a)(3) of that Department and the developer of the Order. The Office of Management and commenters identified themselves as Rowes Wharf reconstruction project, a members of the Boston Harbor Sailing Budget has not reviewed it under that modification to the anchorages was Order. Club, a sailing club located in close deemed to be required because proximity to the proposed anchorage We expect the economic impact of redevelopment of the Rowes Wharf area this rule to be so minimal that a full area at that time. Of the disfavoring in Boston would change recreational groups, the Department of the Army, Regulatory Evaluation is unnecessary, as and commercial vessel traffic patterns in the creation of the anchorage will align Corps of Engineers expressed some the Rowes Wharf waterfront area. The concern about Anchorage Area ‘‘C’’ more efficiently with current traffic presence of the existing Anchorage Area patterns. encroaching on the Fort Point Channel B would impede the passage of vessels approach. Another commenter in and out of Rowes Wharf and would Small Entities complained that Anchorage Area ‘‘A’’, create a navigation safety hazard if Under the Regulatory Flexibility Act extended southward, interfering with vessels were anchored there. Therefore, (5 U.S.C. 601–612), we have considered the approach to Rowes Wharf. The two this modification removed Anchorages whether this rule would have a remaining commenters represented A, B and C and established Boston Inner significant economic impact on a commercial interests opposed to the Harbor Anchorage Area ‘‘A’’. substantial number of small entities. Anchorage Areas, especially Anchorage Since this time, Boston Harbormasters The term ‘‘small entities’’ comprises Area ‘‘C’’. have permitted the Boston Harbor small businesses, not-for-profit A public hearing was held thereafter Sailing Club to establish moorings in organizations that are independently in which six commenters voiced their Anchorage Area A. The Boston Harbor owned and operated and are not support for the Anchorage Area. One Sailing Club rents the moorings to dominant in their fields, and commenter, however, expressed customers who then apply to the City of governmental jurisdictions with concern about the proximity of Boston for a permit allowing the populations of less than 50,000. Anchorage Area ‘‘C’’ to the main mooring. Although the moorings are The Coast Guard certifies under 5 shipping channel for Boston Harbor. relatively small, the associated U.S.C. 605(b) that this rule will not have With an average speed of six (6) knots, anchoring systems range from 1000 to a significant economic impact on a a large vessel transiting the area could 4000 pounds. substantial number of small entities. damage closely anchored sailboats. The This rule would affect the following In addition, when the anchorage was same commenter also disapproved of entities, some of which might be small established, the Coast Guard used the the way Anchorage Area ‘‘C’’ entities: The owners or operators of North American Datum 1927 (NAD27) encroached on the Fort Point Channel. recreational vessels transiting in the as a plotting system. Since then, Another commenter complained about vicinity of the anchorage, the Boston however, the Coast Guard adopted the Anchorage Area ‘‘A’’ and the difficult Aquarium, Boston Harbor ferry vessels North American Datum 1983 (NAD83) approach that would be required by a and water taxis transiting the local area for its plotting system. This new system vessel attempting to moor on Rowes as well as those vessels transiting into changed the coordinate positions of the Wharf. The final commenter was Anchorage Area ‘‘A’’. concerned about the navigational safety anchorages on the charts. In this of the Fort Point Channel approach, rulemaking, the Coast Guard intends to Assistance for Small Entities which was reduced by Anchorage Area update the position of this anchorage Under section 213(a) of the Small ‘‘C’’, and also agreed with the concerns using NAD83 coordinates. Business Regulatory Enforcement about the approach to Rowes Wharf. When Rowes Wharf was finished, the Fairness Act of 1996 (Pub. L. 104–121), At that time, in response to the new wharf had a set of docks attached in the NPRM we offered to assist small comments received, the Anchorage to it. The current placement of these entities in understanding the rule so Areas ‘‘A’’ and ‘‘C’’ were modified in docks does not allow enough of a that they could better evaluate its effects response to reasonable complaints that fairway for vessels to transit between on them and participate in the were raised by commercial parties. Each the anchorage area and the pier facings. rulemaking process. of the areas were plotted on a large scale Changing the size of the anchorage area Small businesses may send comments chart providing for greater accuracy. will allow this to occur by changing the on the actions of Federal employees The southern boundary of Anchorage positions of the buoys. who enforce, or otherwise determine

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compliance with, Federal regulations to an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and the Small Business and Agriculture does not create an environmental risk to have concluded under the Instruction Regulatory Enforcement Ombudsman health or risk to safety that may that there are no factors in this case that and the Regional Small Business disproportionately affect children. would limit the use of a categorical Regulatory Fairness Boards. The exclusion under section 2.B.2 of the Indian Tribal Governments Ombudsman evaluates these actions Instruction. Therefore, this rule is annually and rates each agency’s This rule does not have tribal categorically excluded, under figure 2– responsiveness to small business. If you implications under Executive Order 1, paragraph (34)(f), of the Instruction, wish to comment on actions by 13175, Consultation and Coordination from further environmental employees of the Coast Guard, call 1– with Indian Tribal Governments, documentation. An environmental 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial analysis checklist and a categorical Coast Guard will not retaliate against direct effect on one or more Indian exclusion determination are available in small entities that question or complain tribes, on the relationship between the the docket where indicated under about this rule or any policy or action Federal Government and Indian tribes, ADDRESSES. of the Coast Guard. or on the distribution of power and responsibilities between the Federal List of Subjects in 33 CFR Part 110 Collection of Information Government and Indian tribes. Anchorage grounds. This rule calls for no new collection Energy Effects of information under the Paperwork ■ For the reasons discussed in the Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under preamble, the Coast Guard amends 33 3520). Executive Order 13211, Actions CFR part 110 as follows: Concerning Regulations That Federalism Significantly Affect Energy Supply, PART 110—ANCHORAGE A rule has implications for federalism Distribution, or Use. We have REGULATIONS under Executive Order 13132, determined that it is not a ‘‘significant Federalism, if it has a substantial direct energy action’’ under that order because ■ 1. The authority citation for part 110 effect on State or local governments and it is not a ‘‘significant regulatory action’’ continues to read as follows: would either preempt State law or under Executive Order 12866 and is not Authority: 33 U.S.C. 471, 1221 through impose a substantial direct cost of likely to have a significant adverse effect 1236, 2030, 2035, 2071; 33 CFR 1.05–1; compliance on them. We have analyzed on the supply, distribution, or use of Department of Homeland Security Delegation this rule under that Order and have energy. The Administrator of the Office No. 0170.1. determined that it does not have of Information and Regulatory Affairs ■ implications for federalism. has not designated it as a significant 2. Amend § 110.30 by revising energy action. Therefore, it does not paragraph(m) to read as follows: Unfunded Mandates Reform Act require a Statement of Energy Effects § 110.30 Boston Harbor, Mass., and The Unfunded Mandates Reform Act under Executive Order 13211. adjacent waters. of 1995 (2 U.S.C. 1531–1538) requires Technical Standards * * * * * Federal agencies to assess the effects of their discretionary regulatory actions. In The National Technology Transfer (m) Boston Inner Harbor A. (1) The particular, the Act addresses actions and Advancement Act (NTTAA) (15 waters of the western side of Boston that may result in the expenditure by a U.S.C. 272 note) directs agencies to use Inner Harbor north of the entrance to the State, local, or tribal government, in the voluntary consensus standards in their Fort point Channel bound by the aggregate, or by the private sector of regulatory activities unless the agency following points beginning at latitude ° ′ ″ ° ′ ″ $100,000,000 or more in any one year. provides Congress, through the Office of 42 21 32 N, longitude 071 02 50 W; ° ′ ″ Though this rule will not result in such Management and Budget, with an thence to latitude 42 21 33 N, ° ′ ″ an expenditure, we do discuss the explanation of why using these longitude 071 02 44 W; thence to ° ′ ″ effects of this rule elsewhere in this standards would be inconsistent with latitude 42 21 26 N, longitude ° ′ ″ preamble. applicable law or otherwise impractical. 071 02 36 W; thence to latitude Voluntary consensus standards are 42°21′26″ N, longitude 071°02′53″ W; Taking of Private Property technical standards (e.g., specifications thence to point of origin. Datum NAD83. This rule will not effect a taking of of materials, performance, design, or (2) The area is principally for use by private property or otherwise have operation; test methods; sampling yachts and other recreational craft. taking implications under Executive procedures; and related management Temporary floats or buoys for marking Order 12630, Governmental Actions and systems practices) that are developed or anchors will be allowed. Fixed mooring Interference with Constitutionally adopted by voluntary consensus piles or stakes are prohibited. The Protected Property Rights. standards bodies. anchoring of vessels and placing of This rule does not use technical Civil Justice Reform temporary moorings will be under the standards. Therefore, we did not jurisdiction, and at the discretion of the This rule meets applicable standards consider the use of voluntary consensus Harbormaster, City of Boston. All in sections 3(a) and 3(b)(2) of Executive standards. moorings shall be so placed that no Order 12988, Civil Justice Reform, to Environment vessel, when moored, will at any time minimize litigation, eliminate extend beyond the limits of the area. ambiguity, and reduce burden. We have analyzed this rule under Department of Homeland Security Dated: November 25, 2008. Protection of Children Management Directive 5100.1 and Dale G. Gabel, We have analyzed this rule under Commandant Instruction M16475.lD, Rear Admiral, U.S. Coast Guard, Commander, Executive Order 13045, Protection of which guide the Coast Guard in First Coast Guard District. Children from Environmental Health complying with the National [FR Doc. E8–29365 Filed 12–12–08; 8:45 am] Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 BILLING CODE 4910–15–P

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ENVIRONMENTAL PROTECTION withdrawal of the direct final rule in the means EPA will not know your identity AGENCY Federal Register informing the public or contact information unless you that the direct final rule is being provide it in the body of your comment. 40 CFR Parts 72, 73, 74, 77, and 78 withdrawn and will not take effect and If you submit an electronic comment, [EPA–HQ–OAR–2008–0774; FRL–8750–9] that the interim final rule is not being EPA recommends that you include your withdrawn. name and other contact information in RIN 2060–AP35 In addition to submitting written the body of your comment and with any comments on this rule, any party disk or CD–ROM you submit. If EPA Rulemaking To Reaffirm the wanting to submit oral testimony on the cannot read your comment due to Promulgation of Revisions of the Acid rule must request a public hearing by technical difficulties and cannot contact Rain Program Rules telephone or by e-mail to EPA by you for clarification, EPA may not be December 22, 2008. If such a telephone AGENCY: Environmental Protection able to consider your comment. or e-mail request for a public hearing is Agency (EPA). Electronic files should avoid the use of received by that date, a public hearing special characters, any form of ACTION: Direct final rule. will be held on December 30, 2008 in encryption, and be free of any defects or Washington, DC. For further SUMMARY: EPA is taking direct final viruses. For additional information action to reaffirm the promulgation of information on requesting a public about EPA’s public docket visit the EPA hearing, see the DATES certain revisions of the Acid Rain and Docket Center homepage at http:// SUPPLEMENTARY INFORMATION sections of Program rules in order to prevent www.epa.gov/epahome/dockets.htm. the proposed rule published in the disruption of this program, which has Docket: All documents in the docket Federal Register simultaneously with achieved significant, cost-effective are listed in the http:// this notice. reductions in sulfur dioxide (SO2) www.regulations.gov index. Although ADDRESSES: emissions from utility sources since its Submit your comments, listed in the index, some information is commencement in 1995. These rule identified by Docket ID No. EPA–HQ– not publicly available, e.g., CBI or other revisions were finalized in the Federal OAR–2008–0774, by one of the information whose disclosure is Register notices that also finalized the following methods: restricted by statute. Certain other • http://www.regulations.gov: Follow Clean Air Interstate Rule (CAIR) and the material, such as copyrighted material, the on-line instructions for submitting Federal Implementation Plans for CAIR will be publicly available only in hard comments. (CAIR FIPs). The U.S. Court of Appeals • Mail: Air and Radiation Docket and copy. Publicly available docket for the District of Columbia Circuit Information Center, U.S. Environmental materials are available either recently issued a decision vacating and Protection Agency, Mailcode: 2822T, electronically in http:// remanding CAIR and the CAIR FIPs. 1200 Pennsylvania Ave., NW., www.regulations.gov or in hard copy at EPA and other parties have petitioned Washington, DC 20460 the Air and Radiation Docket, EPA West for rehearing, and the Court has not yet • Hand Delivery: Air and Radiation Building, Room 3334, 1301 Constitution issued a mandate in the case. These Docket, EPA West Building, Room 3334, Ave., NW., Washington, DC 20460. The revisions to the Acid Rain Program rules 1301 Constitution Ave., NW., Public Reading Room is open from 8:30 were not addressed by, or involved in Washington, DC 20460. Such deliveries a.m. to 4:30 p.m., Monday through any of the issues raised by, any parties are only accepted during the Docket’s Friday, excluding legal holidays. The in the proceeding or the Court. EPA normal hours of operation, and special telephone number for the Public believes it is reasonable to view these arrangements should be made for Reading Room is (202) 566–1744, and revisions as unaffected by the Court’s deliveries of boxed information. the telephone number for the Air and decision. However, EPA is reaffirming— Instructions. Direct your comments to Radiation Docket is (202) 566–1742. pursuant to its authority under Title IV Docket ID No. EPA–HQ–OAR–2008– FOR FURTHER INFORMATION CONTACT: of the Clean Air Act (CAA) and CAA 0774 (which incorporates by reference Dwight C. Alpern, Clean Air Markets section 301—the promulgation of these the dockets for CAIR and the CAIR FIPs, Division, U.S. Environmental Protection revisions in this direct final rule in i.e., Docket ID Nos. EPA–HQ–OAR– Agency, Clean Air Markets Division, order to remove any uncertainty about 2003–0053 and EPA–HQ–OAR–2004– Mailcode: 6204J, Ariel Rios Building, their legal status because they have been 0076). EPA’s policy is that all comments 1200 Pennsylvania Ave., NW., in effect since mid-2006, most of them received will be included in the public Washington, DC 20460, telephone (202) are crucial to the ongoing operation of docket without change and may be 343–9151, e-mail at the Acid Rain Program, and the rest of made available online at http:// [email protected]. Electronic them streamline and clarify www.regulations.gov, including any copies of this document can be accessed requirements of the program. personal information provided, unless through the EPA Web site at: http:// DATES: This rule is effective, and the the comment includes information epa.gov/airmarkets. interim final rule (EPA–HQ–OAR– claimed to be Confidential Business 2008–0744; FRL–8750–8) published Information (CBI) or other information SUPPLEMENTARY INFORMATION: simultaneously in the Federal Register whose disclosure is restricted by statute. Regulated Entities. Entities regulated is withdrawn, on April 14, 2009 without Do not submit information that you by this action primarily are fossil fuel- further notice, unless EPA receives consider to be CBI or otherwise fired boilers, turbines, and combined adverse comment on the rule by January protected through http:// cycle units that serve generators that 29, 2009. If EPA receives timely adverse www.regulations.gov or e-mail. The produce electricity for sale or cogenerate comment on the direct final rule, the http://www.regulations.gov Web site is electricity for sale and steam. Regulated Agency will publish a timely an ‘‘anonymous access’’ system, which categories and entities include:

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Examples of potentially Category NAICS code regulated industries

Industry ...... 221112 and others ...... Electric service providers.

This table is not intended to be final rule, referenced above, that • Make sure to submit your exhaustive, but rather to provide a guide reaffirms the promulgation of these comments by the comment period for readers regarding entities likely to be revisions. The interim final rule is deadline identified. regulated by this action. This table lists effective immediately upon the date of Judicial Review. Under CAA section the types of entities, of which EPA is publication in the Federal Register and 307(b)(1), judicial review of this final now aware, that could potentially be will continue in effect until December rule is available only by filing a petition regulated by this action. Other types of 15, 2009, unless the interim final rule is for review in the U.S. Court of Appeals entities not listed in this table could withdrawn on an earlier date by the for the District of Columbia Circuit on also be regulated. To determine whether direct final rule or (if the direct final or before February 13, 2009. Filing a your facility, company, business, rule itself is withdrawn) the final rule petition for reconsideration by the organization, etc., is regulated by this addressing these revisions. Administrator of this final rule does not action, you should carefully examine affect the finality of this rule for the the applicability provisions in §§ 72.6, Considerations in Preparing Comments purposes of judicial review, does not 72.7, and 72.8 of title 40 of the Code of for EPA extend the time within which a petition Federal Regulations. If you have A. Submitting CBI. Do not submit this for judicial review may be filed, and questions regarding the applicability of information to EPA through http:// does not postpone the effectiveness of this action to a particular entity, consult www.regulations.gov or e-mail. Clearly this rule. Under CAA section 307(b)(2), the person in the preceding FOR FURTHER mark the part or all of the information the requirements established by this INFORMATION CONTACT section. that you claim to be CBI. For CBI rule may not be challenged separately in Administrative Procedures Used in information in a disk or CD–ROM that any civil or criminal proceedings This Action. EPA is publishing this rule you mail to EPA, mark the outside of the brought by EPA to enforce these without a prior proposed rule because disk or CD–ROM as CBI and then requirements. the Agency views this as a identify electronically within the disk or Outline. The following outline is noncontroversial action and anticipates CD–ROM the specific information that provided to aid in locating information no adverse comment. In this rule, EPA is claimed as CBI. In addition to one in this preamble. is simply reaffirming the promulgation complete version of the comment that I. Overview of certain revisions, of the Acid Rain includes information claimed as CBI, a II. Acid Rain Rule Revisions Whose Program rules, that were previously copy of the comment that does not Promulgation Is Reaffirmed issued and have been in effect since contain the information claimed as CBI III. Statutory and Executive Order Reviews mid-2006 and withdrawing the interim must be submitted for inclusion in the A. Executive Order 12866: Regulatory final rule that reaffirms the public docket. Information so marked Planning and Review promulgation of the same revisions. B. Paperwork Reduction Act will not be disclosed except in C. Regulatory Flexibility Act However, in the ‘‘Proposed Rules’’ accordance with procedures set forth in section of this Federal Register, EPA is D. Unfunded Mandates Reform Act 40 CFR part 2. E. Executive Order 13132: Federalism publishing a separate document that B. Tips for Preparing Your Comments. F. Executive Order 13175: Consultation will serve as the proposed rule to When submitting comments, remember and Coordination With Indian Tribal reaffirm the promulgation of these to: Governments revisions to the Acid Rain Program • Identify the rulemaking by docket G. Executive Order 13045: Protection of Children From Environmental Health rules, and withdraw the interim final number and other identifying rule, if any adverse comment is received and Safety Risks information (subject heading, Federal on this direct final rule during the H. Executive Order 13211: Actions That Register date and page number). comment period. EPA will not institute Significantly Affect Energy Supply, • Follow directions—EPA may ask Distribution, or Use a second comment period on this action. you to respond to specific questions or I. National Technology Transfer Any parties interested in commenting organize comments by referencing a Advancement Act must do so during the comment period Code of Federal Regulations (CFR) part J. Executive Order 12898: Federal Actions established by this notice. For further or section number. To Address Environmental Justice in information about commenting on this • Minority Populations and Low-Income rule, see the DATES and ADDRESSES Explain why you agree or disagree; Populations sections of this preamble. suggest alternatives and substitute K. Congressional Review Act If EPA receives any adverse comment language for your requested changes. • I. Overview on this direct final rule during the Describe any assumptions and comment period, the Agency will provide any technical information and/ In May 2005 and April 2006, EPA publish a timely withdrawal of the or data that you used. promulgated certain revisions to the direct final rule in the Federal Register • If you estimate potential costs or rules for the Acid Rain Program (in 40 informing the public that the direct final burdens, explain how you arrived at CFR parts 72 through 78). These rule is being withdrawn and will not your estimate in sufficient detail to revisions were finalized in the Federal take effect and that the interim final rule allow for it to be reproduced. Register notices that also finalized CAIR is not being withdrawn. EPA will • Provide specific examples to and the CAIR FIPs.1 70 FR 25162 (May address timely comments on the direct illustrate your concerns, and suggest final rule in any subsequent final rule alternatives. 1 The titles for the May 12, 2005 and April 28, • 2006 Federal Register notices identify the actions based on the proposed rule. Explain your views as clearly as taken in those notices. The full title for the May 12, EPA notes that it is also possible, avoiding the use of profanity 2005 notice is ‘‘Rule to Reduce Interstate Transport simultaneously publishing the interim or personal threats. Continued

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12, 2005); 71 FR 25328 (Apr. 28, 2006). CAIR FIP rules. (These revisions are related revisions of the Acid Rain Most of these revisions were adopted for herein referred to as ‘‘non-CAIR- and Program rules, which revisions were reasons independent of CAIR and the non-CAIR-FIP-related Acid Rain finalized in the Federal Register notices CAIR FIPs, although some were adopted Program rule revisions’’.) EPA believes that also finalized CAIR and the CAIR to facilitate coordination of the Acid it is reasonable to view the non-CAIR- FIPs. EPA is reaffirming the following Rain trading program with the trading and non-CAIR-FIP-related Acid Rain three types of non-CAIR- and non-CAIR- programs offered by EPA in CAIR and Program rule revisions (which are FIP-related revisions to the Acid Rain the CAIR FIPs. A few additional described in detail above) as unaffected Program rules: (1) Revisions that revisions, which are not being by the Court’s decision, which did not implement source-level, rather than reaffirmed by this rule, were adopted to address them. However, EPA is unit-level compliance with the implement CAIR and the CAIR FIPs. concerned that there be no uncertainty allowance-holding requirement in the On July 11, 2008, the U.S. Court of about the legal status of these rule Acid Rain Program, effective on July 1, Appeals for the District of Columbia revisions. Most of them are crucial to 2006; (2) revisions that expressly allow Circuit issued a decision vacating and the ongoing operation of the Acid Rain designated representatives, authorized remanding CAIR and the CAIR FIPs. Program, while the rest of them account representatives, and alternates North Carolina v. EPA, 531 F.3d 896 streamline and, in some cases, clarify to use agents to make electronic (D.C. Cir. 2008). EPA and other parties the requirements of the program, submissions to the Administrator, in the proceeding have petitioned for thereby facilitating its operation. effective on June 27, 2006; and (3) rehearing, and the Court has not yet EPA is, in this notice, reaffirming— revisions making technical changes to issued a mandate in the case. While the pursuant to its authority under Title IV streamline and, in some cases, clarify Court upheld petitioners’ objections of the CAA and CAA section 301—the the requirements of the Acid Rain concerning a number of issues related to promulgation of the non-CAIR- and non- Program, effective on June 27 and July CAIR and the CAIR FIPs, none of the CAIR-FIP-related revisions to the Acid 1, 2006 depending on the specific issues raised by the petitioners, and Rain Program rules as a direct final rule revision. Of all the Acid Rain Program none of the Court’s determinations, and withdrawing the interim final rule rule revisions that were finalized in the addressed the Acid Rain Program rule as of the effective date of the direct final Federal Register notices that also revisions reaffirmed by this rule. rule. The reasons why the rule revisions finalized CAIR and the CAIR FIPs, the Only a few of the Acid Rain Program are appropriate for the Acid Rain only revisions whose promulgation EPA rule revisions were adopted to Program, why EPA maintains that it is not reaffirming are those that are implement CAIR and the CAIR FIPs and should remove any uncertainty about related to CAIR and the CAIR FIPs, i.e., thus were encompassed by petitioners’ the legal status of the rule revisions, and those (which are described in detail in arguments and the Court’s decision: i.e., therefore why EPA is issuing this direct Section I of this preamble) that are revisions to part 73 providing that SO 2 final rule are set forth in detail in the necessary for implementation of the allowances used for compliance with preamble of the interim final rule CAIR and CAIR FIP trading programs. CAIR and CAIR FIPs would not be used published in the Federal Register This action will have no impact on for compliance in the Acid Rain simultaneously with this notice and in those revisions. Program and revisions to part 78 the preceding SUPPLEMENTARY The non-CAIR- and non-CAIR-FIP- providing that final actions of the INFORMATION section. In addition, EPA is related revisions whose promulgation is Administrator under the CAIR and CAIR publishing simultaneously in the reaffirmed in this direct final rule are FIP trading programs could be appealed Federal Register a parallel proposed described in detail, along with EPA’s under the administrative appeal rule reaffirming the promulgation of reasons for such reaffirmation, in the procedures applicable to the Acid Rain these revisions and withdrawing the interim final rule published in the Program. See 70 FR 25,335/3 (revision interim final rule in order to provide Federal Register simultaneously with adding § 73.35(a)(3)) and 25,338–39 interested persons a full opportunity to this notice. The revisions whose (revisions referencing subparts AA comment on the rule revisions in the promulgation is reaffirmed in this direct through IIII of part 96 and the CAIR direct final rule. The interim final rule final rule comprise all of the revisions designated representative and CAIR reaffirming the promulgation of these of the Acid Rain Program rules that authorized account representative); and revisions is effective immediately upon were included in May 12, 2005 final 71 FR 25,379–80 (revisions referencing the date of promulgation in the Federal rulemaking notice that also finalized subparts AA through IIII of part 97 and Register and continues to be effective CAIR (70 FR 25,333–39) and the April the CAIR designated representative and for 12 months from that date, unless the 28, 2006 final rulemaking notice that CAIR authorized account interim final rule is withdrawn on an also finalized the CAIR FIPs (71 FR representative). earlier date by the direct final rule or (if 25,377–80) except those listed in section This notice reaffirms the the direct final rule itself is withdrawn) III.D of the preamble of the interim final promulgation of only the other Acid the final rule addressing these revisions. rule. Rain Program rule revisions—i.e., the The interim final rule removes any revisions that were not necessary for potential that these non-CAIR- and non- III. Statutory and Executive Order implementing CAIR and the CAIR CAIR-FIP-related revisions would Reviews FIPs—finalized in the Federal Register suddenly become no longer effective A. Executive Order 12866: Regulatory notices that also finalized the CAIR and while this direct final rule and the Planning and Review parallel proposed rule are providing the of Fine Particulate Matter and Ozone (Clean Air opportunity for public comment on This action is not a ‘‘significant Interstate Rule); Revisions to Acid Rain Program; these revisions. regulatory action’’ under the terms of Revisions to the NOX SIP Call.’’ 70 FR 25162. The full title for the April 28, 2006 Federal Register Executive Order 12866 (58 FR 51735 notice is ‘‘Rulemaking on Section 126 Petition from II. Acid Rain Rule Revisions Whose (October 4, 1993)) and is therefore not North Carolina to Reduce Interstate Transport of Promulgation Is Reaffirmed subject to review under the Executive Fine Particulate Matter and Ozone; Federal In this notice, EPA is reaffirming, as Order. In this action, EPA is simply Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone; a direct final rule, the promulgation of reaffirming the promulgation of Acid Revisions to the Acid Rain Program.’’ 71 FR 25328. the non-CAIR- and non-CAIR-FIP- Rain Program rule revisions that were

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previously issued and are currently in entities, I certify that this action will not of the UMRA generally requires EPA to effect and have been since mid-2006. have a significant economic impact on identify and consider a reasonable a substantial number of small entities. number of regulatory alternatives and B. Paperwork Reduction Act In determining whether a rule has a adopt the least costly, most cost This action does not impose any new significant economic impact on small effective or least burdensome alternative information collection burden. This rule entities, the impact of concern is any that achieves the objectives of the rule. simply reaffirms the promulgation of significant adverse economic impact on The provisions of section 205 do not Acid Rain Program rule revisions that small entities, since the primary apply when they are inconsistent with were previously issued, does not change purpose of the regulatory flexibility applicable law. Moreover, section 205 the existing requirements in 40 CFR analysis is to identify and address allows EPA to adopt an alternative other parts 72, 73, 74, 77, and 78, and thus regulatory alternatives ‘‘which minimize than the least costly, most cost-effective, does not change the existing any significant economic impact of the or least burdensome alternative if the information collection burden. rule on small entities.’’ 5 U.S.C. 603 and Administrator publishes with the final Moreover, EPA maintains that the effect 604. Thus, an agency may certify that a rule an explanation why that alternative of these revisions when they were first rule will not have a significant was not adopted. Before EPA establishes promulgated was, if anything, to reduce economic impact on a substantial any regulatory requirements that may somewhat the information collection number of small entities if the rule significantly or uniquely affect small burden on regulated sources, e.g., by relieves regulatory burden or otherwise governments, including tribal requiring compliance with the has a positive economic effect on all of governments, it must have developed allowance-holding requirement at a the small entities subject to the rule. under section 203 of the UMRA a small source, rather than unit, level (thereby This rule does not change the existing government agency plan. The plan must removing the need to transfer Acid Rain Program rules and thus the provide for notifying potentially allowances among units at the same economic impact of those rules on small affected small governments, enabling source) and by making other changes to entities. This rule simply reaffirms the officials of affected small governments the rules in place when the rule promulgation of existing Acid Rain to have meaningful and timely input in revisions were originally promulgated Program rule revisions that have been in the development of EPA regulatory (such as removing the requirement for effect since mid-2006. Moreover, when proposals with significant Federal submission of an annual compliance first promulgated, the effect of these intergovernmental mandates, and certification report). However, the Office revisions was, if anything, to reduce informing, educating, and advising of Management and Budget (OMB) has somewhat the economic impact of the small governments on compliance with previously approved the information then-existing rules on all regulated the regulatory requirements. collection requirements in the existing sources and thus on small entities that This rule does not change the existing rules under the provisions of the might be, or own, regulated sources. For Acid Rain Program rules and therefore Paperwork Reduction Act, 44 U.S.C. example, by requiring compliance on a does not result in any additional 3501, et seq., and has assigned OMB source, rather than a unit, basis, the expenditures to State, local, and tribal control number 2060–0258. OMB revisions reduced the potential for governments or to the private sector. control numbers for EPA’s regulations excess emissions penalties due to an The rule simply reaffirms the in 40 CFR are listed in 40 CFR part 9. inadvertent error, e.g., in the owner’s promulgation of Acid Rain Program rule C. Regulatory Flexibility Act distribution of allowances among the revisions that were previously issued units at a source that would cause one and that are still in effect and have been The Regulatory Flexibility Act (5 unit to have more than enough since mid-2006. Moreover, when first U.S.C. 601, et seq.) (RFA) generally allowances to cover emissions and promulgated, the effect of these requires an agency to prepare a another unit to not have enough revisions was, if anything, to reduce regulatory flexibility analysis of any rule allowances to cover emission. As a somewhat the expenditures of State, subject to notice and comment further example, the revisions removed local, and tribal governments and the rulemaking requirements under the some requirements (e.g., the required private sector under the then-existing Administrative Procedure Act or any submission of an annual compliance Acid Rain Program rules. For the same other statute unless the agency certifies certification report) and thereby reasons, EPA has determined that this that the rule will not have a significant removed some costs of compliance for rule contains no regulatory economic impact on a substantial all regulated sources. requirements that might significantly or number of small entities. Small entities uniquely affect small governments. include small businesses, small D. Unfunded Mandates Reform Act organizations, and small governmental Title II of the Unfunded Mandates E. Executive Order 13132: Federalism jurisdictions. For purposes of assessing Reform Act of 1995 (UMRA), Public Executive Order 13132, entitled the impacts of today’s rule on small Law 104–4, establishes requirements for ‘‘Federalism’’ (64 FR 43255 (August 10, entities, small entity is defined as: (1) A Federal agencies to assess the effects of 1999)), requires EPA to develop an small business as defined by the Small their regulatory actions on State, local, accountable process to ensure Business Administration’s regulations at and tribal governments and the private ‘‘meaningful and timely input by State 13 CFR 121.201; (2) a small sector. Under section 202 of the UMRA, and local officials in the development of governmental jurisdiction that is a EPA generally must prepare a written regulatory policies that have federalism government of a city, county, town, statement, including a cost-benefit implications.’’ ‘‘Policies that have school district or special district with a analysis, for proposed and final rules federalism implications’’ is defined in population of less than 50,000; and (3) with ‘‘Federal mandates’’ that may the Executive Order to include a small organization that is any not-for- result in expenditures to State, local, regulations that have ‘‘substantial direct profit enterprise which is independently and tribal governments, in the aggregate, effects on the States, on the relationship owned and operated and is not or to the private sector, of $100 million between the national government and dominant in its field. or more in any one year. Before the States, or on the distribution of After considering the economic promulgating an EPA rule for which a power and responsibilities among the impacts of this final rule on small written statement is needed, section 205 various levels of government.’’

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This rule does not have federalism preferable to other potentially effective J. Executive Order 12898: Federal implications. It will not have substantial and reasonably feasible alternatives Actions To Address Environmental direct effects on the States, on the considered by the Agency. EPA Justice in Minority Populations and relationship between the national interprets Executive Order 13045 as Low-Income Populations government and the States, or on the applying only to those regulatory Executive Order 12898 (59 FR 7629 distribution of power and actions that are based on health or safety (February 16, 1994)) establishes federal responsibilities among the various risks, such that the analysis required executive policy on environmental levels of government, as specified in under section 5–501 of the Executive justice. Its main provision directs Executive Order 13132. This rule simply Order has the potential to influence the federal agencies, to the greatest extent reaffirms the promulgation of Acid Rain regulation. practicable and permitted by law, to Program rule revisions that were make environmental justice part of their previously issued and that are still in This rule is not subject to the mission by identifying and addressing, effect and have been since mid-2006. Executive Order because it is not a as appropriate, disproportionately high Moreover, when first promulgated, these significant regulatory action under and adverse human health or revisions did not have substantial direct Executive Order 12866 and is not based environmental effects of their programs, effects on States, the relationship on health or safety risks. This rule policies, and activities on minority between the national government and simply reaffirms the promulgation of populations and low-income the States, or the distribution of power Acid Rain Program rule revisions that populations in the United States. EPA and responsibilities. Thus, Executive were previously issued and that are still has determined that this rule will not Order 13132 does not apply to this rule. in effect and have been since mid-2006. Moreover, when first promulgated, these have disproportionately high and F. Executive Order 13175: Consultation adverse human health or environmental revisions implemented certain and Coordination With Indian Tribal effects on minority or low-income requirements of the Acid Rain Program Governments populations because it does not change that were not on based on health or the level of protection provided to Executive Order 13175, entitled safety risks. ‘‘Consultation and Coordination With human health or the environment, but Indian Tribal Governments’’ (65 FR H. Executive Order 13211: Actions That simply reaffirms the promulgation of 67249 (November 9, 2000)), requires Significantly Affect Energy Supply, Acid Rain Program rule revisions that EPA to develop an accountable process Distribution, or Use were previously issued and that are still to ensure ‘‘meaningful and timely input in effect and have been since mid-2006. by tribal officials in the development of This rule is not subject to Executive Moreover, when first promulgated, these regulatory policies that have tribal Order 13211, entitled ‘‘Actions revisions did not change the level of implications.’’ This final rule does not Concerning Regulations That protection provided to human health or have tribal implications, as specified in Significantly Affect Energy Supply, the environment. Distribution, or Use’’ (66 FR 28355 (May Executive Order 13175. This rule simply K. Congressional Review Act reaffirms the promulgation of Acid Rain 22, 2001)), because it is not a significant Program rule revisions that were regulatory action under Executive Order The Congressional Review Act, 5 previously issued and that are still in 12866. U.S.C. 801, et seq., as added by the effect and have been since mid-2006. Small Business Regulatory Enforcement I. National Technology Transfer Moreover, when first promulgated, these Fairness Act of 1996, generally provides Advancement Act revisions did not have substantial direct that before a rule may take effect, the agency promulgating the rule must effects on tribal governments, on the Section 12(d) of the National submit a rule report, which includes a relationship between the Federal Technology Transfer and Advancement copy of the rule, to each House of the Government and Indian tribes, or on the Act of 1995 (NTTAA), Public Law No. Congress and to the Comptroller General distribution of power and 104–113, section 12(d) (15 U.S.C. 272 of the United States. EPA will submit a responsibilities between the Federal note), directs EPA to use voluntary government and Indian tribes. Thus, report containing this rule and other consensus standards in its regulatory required information to the U.S. Senate, Executive Order 13175 does not apply activities unless to do so would be to this rule. the U.S. House of Representatives, and inconsistent with applicable law or the Comptroller General of the United G. Executive Order 13045: Protection of otherwise impractical. Voluntary States prior to publication of the rule in Children From Environmental Health consensus standards are technical the Federal Register. A major rule and Safety Risks standards (e.g., materials specifications, cannot take effect until 60 days after it Executive Order 13045, entitled test methods, sampling procedures, and is published in the Federal Register. ‘‘Protection of Children From business practices) that are developed or This action is not a ‘‘major rule’’ as Environmental Health Risks and Safety adopted by voluntary consensus defined by 5 U.S.C. 804(2). This rule Risks’’ (62 FR 19885 (April 23, 1997)), standards bodies. The NTTAA directs will be effective on April 14, 2009 applies to any rule that: (1) Is EPA to provide Congress, through OMB, without further notice, except to the determined to be ‘‘economically explanations when the Agency decides extent EPA receives adverse comment significant’’ as defined under Executive not to use available and applicable on the rule or one or more provisions of Order 12866, and (2) concerns an voluntary consensus standards. This the rule by January 29, 2009 or date 30 environmental health or safety risk that rule simply reaffirms the promulgation days from date on which public hearing EPA has reason to believe may have a of Acid Rain Program rule revisions that will be held. disproportionate effect on children. If were previously issued and that are still If EPA receives timely adverse the regulatory action meets both criteria, in effect and have been since mid-2006. comment, the Agency will publish a the Agency must evaluate the Moreover, when first promulgated, these timely withdrawal in the Federal environmental health or safety effects of revisions did not address the use of any Register informing the public which the planned rule on children, and technical standards. Thus, this rule is provisions of this rule are being explain why the planned regulation is not subject to the NTTAA. withdrawn and will not take effect.

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List of Subjects in 40 CFR Parts 72, 73, Clean Air Interstate Rule (CAIR) and the not publicly available, e.g., Confidential 74, 77, and 78 Federal Implementation Plans for CAIR Business Information (CBI) or other Environmental protection, Acid rain, (CAIR FIPs). The U.S. Court of Appeals information whose disclosure is Administrative practice and procedure, for the District of Columbia Circuit restricted by statute. Certain other Air pollution control, Electric utilities, recently issued a decision vacating and material, such as copyrighted material, Intergovernmental relations, Reporting remanding CAIR and the CAIR FIPs. is not placed on the Internet and will be and recordkeeping requirements, Sulfur EPA and other parties have petitioned publicly available only in hard copy oxides. for rehearing, and the Court has not yet form. Publicly available docket issued a mandate in the case. These materials are available either Dated: December 5, 2008. revisions to the Acid Rain Program rules electronically through http:// Stephen L. Johnson, were not addressed by, or involved in www.regulations.gov or in hard copy at Administrator. any of the issues raised by, any parties the Air and Radiation Docket, EPA West [FR Doc. E8–29389 Filed 12–12–08; 8:45 am] in the proceeding or the Court. EPA Building, Room 3334, 1301 Constitution BILLING CODE 6560–50–P believes it is reasonable to view these Ave., NW., Washington, DC 20460. The revisions as unaffected by the Court’s Public Reading Room is open from 8:30 decision. However, EPA is reaffirming— a.m. to 4:30 p.m., Monday through ENVIRONMENTAL PROTECTION pursuant to its authority under Title IV Friday, excluding legal holidays. The AGENCY of the Clean Air Act (CAA) and CAA telephone number for the Public 40 CFR Parts 72, 73, 74, 77, and 78 section 301—the promulgation of these Reading Room is (202) 566–1744, and revisions in this interim final rule in the telephone number for the Air and [EPA–HQ–OAR–2008–0744; FRL–8750–8] order to remove any uncertainty about Radiation Docket is (202) 566–1742. RIN 2060–AP35 their legal status because they have been in effect since mid-2006, most of them FOR FURTHER INFORMATION CONTACT: Rulemaking To Reaffirm the are crucial to the ongoing operation of Dwight C. Alpern, Clean Air Markets Promulgation of Revisions of the Acid the Acid Rain Program, and the rest of Division, U.S. Environmental Protection Rain Program Rules them streamline and clarify Agency, Clean Air Markets Division, MC requirements of the program. 6204J, Ariel Rios Building, 1200 AGENCY: Environmental Protection DATES: This action is effective on Pennsylvania Ave., NW., Washington, Agency (EPA). December 15, 2008 and will continue in DC 20460, telephone (202) 343–9151, ACTION: Interim final rule. effect until December 15, 2009. e-mail at [email protected]. Electronic copies of this document can SUMMARY: ADDRESSES: EPA has established a EPA is taking interim final be accessed through the EPA Web site docket for this action under Docket ID action to reaffirm the promulgation of at: http://www.epa.gov/airmarkets. certain revisions of the Acid Rain No. EPA–HQ–OAR–2008–0774, which Program rules in order to prevent incorporates by reference the dockets for SUPPLEMENTARY INFORMATION: Regulated disruption of this program, which has CAIR and the CAIR FIPs (Docket ID Nos. Entities. Entities regulated by this action achieved significant, cost-effective EPA–HQ–OAR–2003–0053 and EPA– primarily are fossil fuel-fired boilers, reductions in sulfur dioxide (SO2) HQ–OAR–2004–0076). All documents turbines, and combined cycle units that emissions from utility sources since its in the docket are listed in the Federal serve generators that produce electricity commencement in 1995. These rule Docket Management System index at for sale or cogenerate electricity for sale revisions were finalized in the Federal http://www.regulations.gov. Although and steam. Regulated categories and Register notices that also finalized the listed in the index, some information is entities include:

Examples of potentially Category NAICS code regulated industries

Industry ...... 221112 and others ...... Electric service providers.

This table is not intended to be Judicial Review. Under CAA section Outline. The following outline is exhaustive, but rather to provide a guide 307(b)(1), judicial review of this final provided to aid in locating information for readers regarding entities likely to be rule is available only by filing a petition in this preamble. regulated by this action. This table lists for review in the U.S. Court of Appeals I. Overview the types of entities, of which EPA is for the District of Columbia Circuit on II. Administrative Procedures Used in This now aware, that could potentially be or before February 13, 2009. Filing a Action regulated by this action. Other types of petition for reconsideration by the III. Acid Rain Rule Revisions Whose Promulgation Is Reaffirmed entities not listed in this table could Administrator of this final rule does not A. Rule Revisions Implementing Source- also be regulated. To determine whether affect the finality of this rule for the Level Compliance your facility, company, business, purposes of judicial review, does not B. Rule Revisions Allowing Use of Agents organization, etc., is regulated by this extend the time within which a petition by Designated Representative and action, you should carefully examine for judicial review may be filed, and Authorized Account Representatives the applicability provisions in §§ 72.6, does not postpone the effectiveness of C. Rule Revisions Making Technical Changes 72.7, and 72.8 of title 40 of the Code of this rule. Under CAA section 307(b)(2), D. Identification of Specific Rule Revisions Federal Regulations. If you have the requirements established by this Whose Promulgation Is Reaffirmed questions regarding the applicability of rule may not be challenged separately in IV. Statutory and Executive Order Reviews this action to a particular entity, consult any civil or criminal proceedings A. Executive Order 12866: Regulatory the person listed in the preceding FOR brought by EPA to enforce these Planning and Review B. Paperwork Reduction Act FURTHER INFORMATION CONTACT section. requirements. C. Regulatory Flexibility Act

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D. Unfunded Mandates Reform Act Only a few of the Acid Rain Program combustion turbine) and could trade E. Executive Order 13132: Federalism rule revisions were adopted to allowances by transferring allowances F. Executive Order 13175: Consultation implement CAIR and the CAIR FIPs and from one unit account to another. (Of and Coordination With Indian Tribal thus were encompassed by petitioners’ course, under both the pre-revision Acid Governments G. Executive Order 13045: Protection of arguments and the Court’s decision: i.e., Rain Program rules and the revised Children From Environmental Health revisions to part 73 providing that SO2 rules, general accounts, which are not and Safety Risks allowances used for compliance with associated with a specific unit or source, H. Executive Order 13211: Actions That CAIR and CAIR FIPs could not be used can also be involved in allowance Significantly Affect Energy Supply, for compliance in the Acid Rain transfers.) The revisions requiring Distribution, or Use Program and revisions to part 78 source-based compliance were made I. National Technology Transfer providing that final actions of the effective on July 1, 2006 in order to give Advancement Act Administrator under the CAIR and CAIR EPA time to make the software changes J. Executive Order 12898: Federal Actions FIP trading programs could be appealed necessary for implementing source- To Address Environmental Justice in under the administrative appeal Minority Populations and Low-Income based allowance compliance and Populations procedures applicable to the Acid Rain transfers and to conduct the testing to K. Congressional Review Act Program. See 70 FR 25,335/3 (revision ensure proper operation of the revised adding § 73.35(a)(3)) and 25,338–39 allowance tracking system and in order I. Overview (revisions referencing subparts AA to give owners time to adapt to source- In May 2005 and April 2006, EPA through IIII of part 96 and the CAIR based compliance. Id. at 25,296–97. promulgated certain revisions to the designated representative and CAIR By further example, the Acid Rain rules for the Acid Rain Program (in 40 authorized account representative); and Program rule revisions published in the CFR parts 72 through 78). These 71 FR 25,379–80 (revisions referencing same Federal Register notice as the revisions were finalized in the Federal subparts AA through IIII of part 97 and CAIR FIPs, made effective on June 27, Register notices that also finalized CAIR the CAIR designated representative and 2006, expressly allow, and govern, the and the CAIR FIPs. 70 FR 25162 (May CAIR authorized account use of agents by designated 12, 2005); 71 FR 25328 (Apr. 28, 2006).1 representative). representatives, authorized account Most of these revisions were adopted for This notice reaffirms the representatives, and alternates to make reasons independent of CAIR and the promulgation of only the other Acid various types of electronic submissions CAIR FIPs, although some were adopted Rain Program rule revisions—i.e., the under the Acid Rain Program, while revisions that were not necessary for to facilitate coordination of the Acid preserving the representatives’ ultimate implementing CAIR and the CAIR Rain trading program with the trading responsibility for such submissions. 71 FIPs—finalized in the Federal Register programs offered by EPA in CAIR and FR 25,365. These revisions give each notices that also finalized the CAIR and the CAIR FIPs. A few additional regulated company greater flexibility in CAIR FIP rules. (These revisions are revisions, which are not being distributing, among its individual herein referred to as ‘‘non-CAIR- and reaffirmed by this rule, were adopted to employees, the task of making electronic non-CAIR-FIP-related Acid Rain implement CAIR and the CAIR FIPs. submissions. On July 11, 2008, the U.S. Court of Program rule revisions’’.) EPA believes it is reasonable to view the non-CAIR- After the non-CAIR- and non-CAIR- Appeals for the District of Columbia FIP-related Acid Rain Program rule Circuit issued a decision vacating and and non-CAIR-FIP-related Acid Rain Program rule revisions (which are revisions became final and effective in remanding CAIR and the CAIR FIPs. mid-2006, EPA modified its electronic North Carolina v. EPA, 531 F.3d 896 described in detail below) as unaffected by the Court’s decision, which did not allowance and emissions tracking (D.C. Cir. 2008). EPA and other parties systems to reflect the revisions. For in the proceeding have petitioned for address them. However, EPA is concerned that there be no uncertainty example, EPA removed individual-unit rehearing, and the Court has not yet allowance accounts, replaced them with issued a mandate in the case. However, about the legal status of these rule revisions. Most of them are crucial to source accounts to which previously depending on its response to the recorded allowance holdings were petitions, the Court may issue a the ongoing operation of the Acid Rain Program, while the rest of them moved, and established elements in the mandate. While the Court’s July 11, tracking systems for making allowance 2008 decision upheld petitioners’ streamline and, in some cases, clarify the requirements of the program, transfers to and from source accounts objections concerning a number of (instead of unit accounts) and issues related to CAIR and the CAIR thereby facilitating its operation. For example, some of the Acid Rain comparing the sum of the annual FIPs, none of the issues raised by the Program rule revisions published in the emissions of all regulated units at each petitioners, and none of the Court’s same Federal Register notice as CAIR, source (instead of only an individual determinations, addressed the Acid require owners and operators to meet unit’s annual emissions) to the Rain Program rule revisions reaffirmed the requirement to hold SO allowances allowances held in the source account. by this rule. 2 covering annual SO2 emissions by See 69 FR 32,684, 32,701 (June 10, maintaining a sufficient amount of 2004). EPA also added elements to the 1 The titles for the May 12, 2005 and April 28, 2006 Federal Register notices identify the actions allowances in an allowance account for tracking systems for designated taken in those notices. The full title for the May 12, each entire plant (i.e., source). representatives, authorized account 2005 notice is ‘‘Rule to Reduce Interstate Transport Consistent with this approach, the rule representatives, and alternates to create of Fine Particulate Matter and Ozone (Clean Air revisions also provide for SO2 allowance and use agents to submit quarterly Interstate Rule); Revisions to Acid Rain Program; transfers to be made from one source emissions reports, including the Revisions to the NOX SIP Call.’’ 70 FR 25162. The full title for the April 28, 2006 Federal Register account to another source account. See resubmissions that are often necessary notice is ‘‘Rulemaking on Section 126 Petition from 70 FR 25,296–98. Under the Acid Rain to correct reporting errors found by North Carolina to Reduce Interstate Transport of Program rules in place before these EPA. The revised Acid Rain Program Fine Particulate Matter and Ozone; Federal Implementation Plans to Reduce Interstate revisions, owners and operators were provisions have been used and relied on Transport of Fine Particulate Matter and Ozone; required to have a separate allowance by most, if not all, regulated companies Revisions to the Acid Rain Program.’’ 71 FR 25328. account for each unit (e.g., boiler or since mid-2006.

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EPA is concerned that the non-CAIR- effective, the allowance tracking system 2009, unless it is withdrawn on an and non-CAIR-FIP-related Acid Rain would likely have to be modified to earlier date by the direct final rule or (if Program revisions are too important to reinstate unit accounts and unit-based the direct final rule itself is withdrawn) the ongoing operation of the Acid Rain compliance. Similarly, the emissions the final rule addressing these rule Program to allow for any uncertainty tracking system might have to be revisions. concerning their legal status, which modified to provide an alternative, Under this approach, EPA is ensuring might result in the event that the Court workable approach for submission of that the public will have an opportunity issues a mandate in North Carolina. quarterly emissions reports by to comment on these Acid Rain Program This is particularly true for the large designated representatives (for whom rule revisions and that these revisions number of revisions that significantly direct involvement in the submission will continue in effect in the meantime affect how SO2 allowance transfers are and resubmission process for emissions on an interim basis. In the event that made and recorded, how owners and reports is often not practical). any timely adverse comments are operators submit quarterly emissions Consequently, it is likely that, in the submitted on any of the revisions whose reports, and how EPA compares each near term until the systems were promulgation is reaffirmed in the year the amount of allowances held and modified, EPA could not record proposed and direct final rules, EPA the amount of SO2 emissions. allowances transfers, owners and will withdraw the direct final rule, Allowance transfer, emissions operators could not use transferred address the merits of such comments, reporting, and the comparison of allowances to comply with the and finalize, to the extent appropriate, emissions and allowances are matters allowance-holding requirement, and any revisions. EPA intends to complete that go to the heart of the Acid Rain EPA could not determine if, and owners that rulemaking process and have any Program. Under this program, an annual and operators could not demonstrate final Acid Rain Program rule revisions cap (which is about 40% lower than that, utility emissions sources were in in place December 15, 2009. If that historical emissions for utility emissions rulemaking process is completed and compliance with the SO2 emissions sources) is set on the total amount of limitation. Moreover, the inability—or the resulting direct final rule or final allowances issued each year. Each even uncertainty about the ability—to rule is effective before December 15, allowance authorizes the emission of transfer and use allowances for 2009, the interim final rule will be one ton of SO2 in the year for which the compliance in the near term would withdrawn as of the effective date of the allowance is issued or in a later year. likely have a significant, adverse effect direct final rule or final rule. Nationwide SO2 emissions are reduced on the SO2 allowance market in the near II. Administrative Procedures Used in through implementation of an emissions term. Under these circumstances, it is This Action limitation that requires each utility likely that potential market participants emissions source to have annual SO2 Under CAA section 307(d)(1)(S), this would be reluctant to rely on allowance action revising the Acid Rain Program emissions not exceeding the emissions purchases for compliance, would have authorized by the allowances held for rules is subject to the requirements of difficulty determining the value of CAA section 307(d). Section 307(d)(3) the year and allows for compliance allowances that were or might be through the use of allowances obtained provides that a notice of proposed unusable, and so would be reluctant to rulemaking, providing an opportunity through allocation or auction from EPA buy or sell allowances. or transferred from other allowance for a public hearing and comment, must holders. The ability of each utility For these reasons and the reasons be published in the Federal Register, emissions source to consider potential, discussed below, EPA is, in this notice, except under certain circumstances, as alternative compliance options reaffirming—pursuant to its authority provided in the Administrative involving emission reduction actions under Title IV of the Clean Air Act Procedure Act (5 U.S.C. 553(b)). The (CAA) and CAA section 301—the and/or purchases or sales of SO2 requirement for such a notice does not promulgation of the non-CAIR- and non- allowances in the SO2 allowance market apply ‘‘when the agency for good cause and to choose the option that is the most CAIR-FIP-related revisions to the Acid finds * * * that notice and public cost-effective for that emissions source Rain Program rules as an interim final procedure thereon are impracticable, results in cost-effective achievement of rule, whose effectiveness is immediate unnecessary, or contrary to the public the national SO2 emissions reduction upon the date of promulgation in the interest.’’ 5 U.S.C. 553(b)(3)(B). goals of the Acid Rain Program. EPA Federal Register. Because it is EPA finds, for the following reasons, implements the annual SO2 emissions immediately effective, the interim final that providing notice and opportunity limitation through electronic allowance rule provides no opportunity for hearing for public hearing and comment before and tracking emissions systems that and comment. This action removes any reaffirming the promulgation of the non- incorporate the existing Acid Rain uncertainty concerning the legal status CAIR- and non-CAIR-FIP-related Program rules (including rule revisions of these non-CAIR- and non-CAIR-FIP- revisions of the Acid Rain Program rules whose promulgation is reaffirmed in related revisions in the event that the in the instant rulemaking are this notice). Court issues a mandate in North impracticable, unnecessary, and If (contrary to EPA’s position as Carolina. Further, simultaneously with contrary to the public interest. As discussed above) the rule revisions this notice, EPA is publishing in the discussed above, these rule revisions affecting allowance transfer, submission Federal Register parallel notices of were finalized on May 12, 2005 and of quarterly emissions reports, and proposed and direct final rules April 28, 2006 and, since mid-2006 comparison of emissions and reaffirming the promulgation of the non- when they became effective, have been allowances were suddenly to become no CAIR- and non-CAIR-FIP-related Acid implemented by EPA and utilized by longer effective, EPA would likely be Rain Program rule revisions. As most, if not all, regulated companies unable to operate its electronic explained in the proposed and direct and EPA. In fact, most of these revisions allowance tracking system, and might be final notices, those notices provide have been incorporated in the software unable to operate its electronic interested persons an opportunity for for the allowance tracking system, emissions tracking system, until public hearing and comment on the rule which likely could not be operated extensive system modifications were revisions. This interim final rule will without extensive modifications, and for made. Were the rule revisions no longer continue in effect until December 15, the emissions tracking system, which

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might not be operable without extensive certainty as soon as possible. EPA In addition, EPA also finds that there modifications, if the incorporated therefore finds that providing notice and is good cause under 5 U.S.C. 553(d) to revisions were no longer in effect. opportunity for comment in the instant make this interim final rule— Consequently, as discussed above in rulemaking before reaffirming the reaffirming the promulgation of the Section I of this preamble, the loss of promulgation of the revisions Acid Rain Program rule revisions— the effectiveness of these revisions—or incorporated in the electronic allowance immediately effective upon publication even uncertainty about their continuing and emissions tracking systems is in the Federal Register. As explained effectiveness—would likely result in a impracticable and contrary to the public above, operation of the Acid Rain significant disruption of the operation of interest. Program and the SO allowance market In addition, EPA finds that providing 2 the Acid Rain Program and the SO2 in the near term would likely be notice and opportunity for comment in allowance market in the near term, significantly disrupted by any contrary to Congressional intent that the instant rulemaking before uncertainty over the effectiveness of EPA implement the Acid Rain Program reaffirming the promulgation of the non- most of the rule revisions. Further, no under CAA Title IV and contrary to the CAIR- and non-CAIR-FIP-related public interest in continuation of the revisions of the Acid Rain Program rules petitions for review of these revisions significant, cost-effective emission —including both those revisions were filed, and no concerns or issues reductions required, and actually incorporated in the electronic allowance have been raised on the merits of any of achieved, under the Acid Rain Program and emissions tracking systems and the the revisions in the proceedings since its commencement in 1995. other revisions—is unnecessary. No concerning CAIR and the CAIR FIPs. Moreover, no party petitioned for petitions for review of these rule EPA therefore finds that the review of these rule revisions. The revisions were filed. Since, in addition, effectiveness of the rule revisions judicial proceedings involving the these rule revisions have been in effect should be made clear as soon as rulemaking notices (i.e., the May 12, since mid-2006 without any indication possible by making the interim final 2005 notice at 70 FR 25162, which also they have caused concern or problems rule immediately effective upon finalized CAIR, and the April 28, 2006 for sources subject to the Acid Rain publication. notice at 71 FR 25328, which also Program or any other members of the finalized the CAIR FIPs) in which these public, EPA maintains that it is unlikely III. Acid Rain Rule Revisions Whose Acid Rain Program rule revisions were that the public will be particularly Promulgation Is Reaffirmed promulgated, relate only to Petitions for interested in commenting on the In this notice, EPA is reaffirming, as Review of specific aspects of CAIR and revisions. an interim final rule, the promulgation the CAIR FIPs. No party to those Moreover, EPA is limiting the of the non-CAIR- and non-CAIR-FIP- proceedings asked the Court to review effectiveness of the interim final rule related revisions of the Acid Rain these revisions to the Acid Rain reaffirming the promulgation of these Program rules, and no issues concerning rule revisions and, during the period of Program rules, which revisions were these revisions were raised or addressed the interim final rule’s effectiveness, is finalized in the Federal Register notices by any petitioners, any intervenors, providing a full opportunity for that also finalized CAIR and the CAIR amici, EPA, or the Court. comment on the rule revisions. FIPs. EPA is reaffirming the following Although EPA therefore believes that Specifically, EPA is providing that the three types of non-CAIR- and non-CAIR- the Court’s July 11, 2008 decision interim final rule will be effective for FIP-related revisions to the Acid Rain vacating and remanding of CAIR and the one year and, simultaneously with this Program rules: (1) Revisions that CAIR FIPs in North Carolina can notice, is publishing in the Federal implement source-level, rather than reasonably be interpreted as not Register parallel notices of direct final unit-level compliance with the applying to these revisions, it is and proposed rules that will provide the allowance-holding requirement in the important that the legal status of these opportunity for comment on these rule Acid Rain Program, effective on July 1, revisions be absolutely clear. EPA is revisions. If any timely adverse 2006; (2) revisions that expressly allow concerned that, if and when the Court comment is submitted on the direct designated representatives, authorized issues a mandate for the North Carolina final rule, EPA will withdraw the direct account representatives, and alternates decision, that might create uncertainty final rule and may issue a final rule that to use agents to make electronic about whether these revisions remain in changes the revisions and implements submissions to the Administrator, effect, despite EPA’s belief that the any such change in a manner that will effective on June 27, 2006; and (3) decision does not apply to these not disrupt the ongoing operation of the revisions making technical changes to revisions. Acid Rain Program and the SO2 streamline and, in some cases, clarify For the reasons discussed above, any allowance market. In order to coordinate the requirements of the Acid Rain such uncertainty about their continuing the interim final, direct final, and Program, effective on June 27 and July effectiveness would likely cause proposed rulemakings, EPA is making 1, 2006 depending on the specific significant disruption in the near term the interim final rule effective until revision. Out of all the Acid Rain to operation of the Acid Rain Program, December 15, 2009, unless the interim Program rule revisions that were the SO2 allowance market, and the final rule is withdrawn on an earlier achievement of the significant, cost- date by the direct final rule, or (if the finalized in the Federal Register notices effective emission reductions required direct final rule itself is withdrawn) the that also finalized CAIR and the CAIR under the Acid Rain Program. In order final rule, addressing these revisions. FIPs, the only revisions whose to avoid such disruption, EPA maintains For all of the above-discussed reasons, promulgation EPA is not reaffirming are that it should provide certainty about EPA finds, under 5 U.S.C. 553(b)(3)(B), those that are related to CAIR and the the legal status of these rule revisions as that providing notice of proposed CAIR FIPs, i.e., those (which are soon as possible. However, the delay rulemaking and hearing and comment described in detail in Section III.D of inherent in providing notice and opportunity before making these this preamble) that are necessary for opportunity for hearing and public revisions final on an interim basis is implementation of the CAIR and CAIR comment before taking final action impracticable, unnecessary, and/or FIP trading programs. This action will would prevent EPA from providing this contrary to the public interest. have no impact on those revisions.

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A. Rule Revisions Implementing Source- notes that these conclusions about the earlier rules referred to a ‘‘current Level Compliance source-by-source compliance address year subaccount’’ and a ‘‘future year As noted above, on May 12, 2005, only compliance with the allowance- subaccount’’ of a general account. EPA finalized revisions to the Acid Rain holding requirement, not with the However, whether compliance was on a Program rules to implement the emissions monitoring and reporting unit-or source-level, there was no need allowance-holding requirement on a requirements, which continue to be to use or refer to the subaccounts. In source-by-source, rather than on a unit- applied unit by unit. fact, the electronic allowance tracking by-unit, basis. Specifically, these Because language reflecting or system has never actually used revisions require each source to hold (as referencing the unit-by-unit compliance subaccounts. See 69 FR 32,700. of the allowance transfer deadline, approach was included in many Consequently, for example, § 73.34(a) provisions throughout the earlier Acid which is generally March 1) an amount and (b)—providing that the allowance Rain Program rules, a significant of allowances in its allowance tracking tracking system show in allowance number of rule revisions was necessary system account at least equal to the accounts the holdings of allowances to implement source-by-source tonnage of SO emissions for all Acid issued for 30 years and that each year 2 allowance holding. Other than Rain Program units at the source for the the holdings of allowances issued for implementing the shift from unit-to preceding calendar year. These the new 30th year will be added—were source-level compliance, the rule revisions replaced earlier Acid Rain revised to set forth these requirements revisions did not make any substantive Program rule language that instead without using the obsolete references to changes to the revised provisions. required each unit to hold allowances in subaccounts. Examples of the revisions necessary to 5. The provision in § 73.35(b)(3) its own allowance tracking system implement source-based compliance are limiting the use of allowances from account at least equal to the tonnage of as follows: another unit at the same source for SO emissions for the unit in such 2 1. The term ‘‘unit account’’ was compliance was removed. In that calendar year. replaced by ‘‘compliance account’’ in For the reasons detailed in the Notice provision, a unit that would otherwise § 72.2 and, as appropriate, in every have excess emissions was allowed to of Supplemental Proposal published on other provision of the Acid Rain June 10, 2004 (69 FR 32,698–701) and use a limited number of allowances Program rules in which the term from other units at the same source in adopted in the final rule published on appeared. Similarly, references to a May 12, 2005 (70 FR 25,296), EPA order to reduce, but not to eliminate, the ‘‘unit’s’’ account in the allowance excess emissions. Such a limitation was reaffirms its findings that: (1) Title IV is tracking system were replaced by ambiguous concerning whether the unnecessary, and indeed was references to a ‘‘source’s’’ account. In inconsistent, with source-based allowance-holding requirement must be addition, references to allowances held met on a unit-by-unit basis and so EPA compliance. by a ‘‘unit’’ were changed to refer to 6. The provision in § 74.4(c) allowing has discretion in deciding what allowances held by a ‘‘source.’’ two designated representatives for the approach to adopt in the rules 2. References to a ‘‘unit’s’’ Acid Rain same source under certain implementing Title IV; (2) it is emissions limitation for SO2 were circumstances was removed.2 While it important to provide additional replaced by references to a ‘‘source’s’’ was workable to have one designated compliance flexibility by allowing a Acid Rain emissions limitation for SO2 representative for a non-opt-in unit at a unit at a source to use allowances from throughout the Acid Rain Program rules. source and a different designated any other unit at the same source; and Similarly, references to a ‘‘unit’s’’ SO2 representative for an opt-in unit at the (3) many non-allowance-holding emissions for purposes of applying the same source where compliance with the provisions of Title IV evidence a unit- SO2 emissions limitation (or a ‘‘unit’s’’ allowance-holding requirement was by-unit orientation. For these reasons, as excess emissions) were replaced, where required on a unit-by-unit basis, EPA explained in the final CAIR (id.), EPA appropriate, by references to the SO2 maintains that this is not workable reaffirms its conclusion that the emissions of the ‘‘affected units at a where compliance is at the source-level adoption of source-level compliance source’’ (or to a ‘‘source’s’’ excess and one individual must be responsible with the allowance-holding requirement emissions). for compliance by all units at the reasonably balances these 3. The provisions in §§ 72.90(b)(5) source. considerations. In balancing these and 73.35(e) concerning the assignment When EPA first proposed the Acid considerations, EPA also reaffirms its of allowance deductions, for compliance Rain Program rule revisions to conclusion that company-level with the allowance-holding implement source-based compliance, compliance is not appropriate because it requirement, among units at a common some commenters supported, and some represents too much of a deviation from stack were removed. These provisions opposed, the shift to source-by-source the unit-by-unit orientation in the non- were made unnecessary by the shift allowance holding. EPA addressed each allowance holding provisions of Title IV from unit-to source-level compliance of the comments opposing the change and is likely to require much more because all units at a common stack are and reaffirms, in this notice, the dramatic changes in the operation of the necessarily at the same source. responses to those comments. For Acid Rain Program. See 69 FR 32,700. 4. The terms ‘‘compliance For example, company-level compliance subaccount’’, ‘‘future year subaccount’’, 2 In the Acid Rain Program rule revisions would add to the compliance and ‘‘current year subaccount’’ and their finalized in May 12, 2005 Federal Register notice determination process complexities definitions were removed or replaced, certain language in § 74.4(c) was revised. However, such as the need to identify the as appropriate, throughout the Acid in the revisions finalized in the April 28, 2006 Federal Register notice these § 74.4(c) revisions ‘‘company’’ in cases where owners or Rain Program rules. The earlier rules were superseded by entirely removing and operators are organized using complex distinguished between two subaccounts reserving § 74.4(c) in light of the change from unit- corporate or other ownership structures in each unit account, i.e., a ‘‘compliance to source-level compliance with the allowance- and to handle cases where ownership subaccount’’ for allowances usable for holding requirement. 71 FR 25379/2. While the April 28, 2006 rule revisions did not also remove structures are changed, or units or compliance in a given year and a all references to § 74.4(c), EPA is not reaffirming sources are transferred among corporate ‘‘future year subaccount’’ for allowances their promulgation since they refer to a non-existent or other entities, during the year. EPA not usable until a future year. Similarly, provision (i.e., § 74.4(c)).

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example, a commenter opposed the choosing whether to use unit-level or revisions were adopted, and continue to change claiming that a source-by-source source-level compliance. In response, allow, the designated representative, allowance-holding requirement was EPA rejected the comment, explaining authorized account representative, or ‘‘contrary to market-based principles.’’ that such an approach would alternate, as appropriate, to designate In response, EPA rejected the comment, significantly complicate the other individuals (‘‘agents’’) who may explaining that the adoption of source- achievement by owners or operators, make the electronic submissions for him by-source compliance preserves market- and the determination by EPA, of and required that the designated based principles. Whether compliance compliance. The potential for error (e.g., representative, authorized account is unit-by-unit or source-by-source, the due to erroneous assumptions about representative, or alternate be fully owner or operators of Acid Rain whether unit-or source-level compliance bound by the agent’s actions. (EPA notes Program units still have the option to would be applicable to a particular that the NOX Budget Trading Program change or maintain emissions and/or to source for a particular year) on the part includes analogous regulatory retain, purchase, or sell allowances and of owners or EPA would be significantly provisions for electronic submissions to the responsibility to take whatever increased. EPA concluded that the only the Administrator and prescribes actions are necessary to ensure that reasonable options for the allowance- analogous electronic formats.) See 71 FR enough allowances are held to cover holding requirement in the Acid Rain 25,363–64 and 25,365. emissions. The only difference between Program were to require either Consequently, EPA reaffirms its the types of actions taken under unit- compliance by all sources each year on conclusion that the references in the level and source-level compliance is a unit-level basis or compliance by all Acid Rain Program (as well as the NOX that, under unit-level compliance, the sources each year on a source-level Budget Trading Program) rules to owners or operators must transfer an basis. See 70 FR 25,297. ‘‘prescribed’’ or ‘‘specified’’ formats, allowance from one unit at a source to For the reasons discussed above coupled with the existing electronic a second unit at that source (except as (including the reasons for rejecting the formats, provide the legal authority discussed above concerning the comments opposing source-level necessary for designated removed § 73.35(b)(3)) in order to use compliance), EPA reaffirms its representatives, authorized account the first unit’s allowances for promulgation of the revisions representatives, and alternates to use compliance by the second unit, while implementing source-level compliance. agents to make electronic submissions to the Administrator. However, in order under source-level compliance, any B. Rule Revisions Allowing use of to remove any uncertainty about such allowance held for compliance can be Agents by Designated Representative legal authority and in order to provide used—without a transfer—for and Authorized Account more detail concerning the procedures compliance by any units at the source. Representatives While fewer allowance transfers may be and requirements for using agents, EPA needed with source-level compliance, As noted above, in the April 28, 2006 also reaffirms the promulgation of the the market price of allowances still Federal Register notice that also Acid Rain Program rule revisions that plays a crucial role in owners’ or finalized the CAIR FIPs, EPA finalized explicitly authorize, and govern, the use operators’ decisions on what actions to revisions to the Acid Rain Program rules of agents for electronic submissions. take (including whether to transfer clarifying that designated representatives, authorized account C. Rule Revisions Making Technical allowances between sources). See 70 FR Changes 25,296–97. representatives, and alternates may use As a further example, a commenter agents to make electronic submissions As noted above, in the May 12, 2005 opposed a source-level compliance to the Administrator. The revisions in and April 28, 2006 Federal Register because the NOX Budget Trading §§ 72.26 and 73.33(g) clarified this by notices that also finalized the CAIR and Program (established under the NOX making this option explicitly available the CAIR FIPs, EPA finalized revisions State Implementation Plan Call (NOX and establishing procedures and to the Acid Rain Program rules making SIP Call) and aimed at reducing ozone requirements for such use of agents. technical changes. In those notices, EPA season emissions) uses unit-level EPA reaffirms its conclusion that the generally categorized these technical compliance but allows owners or Acid Rain Program rules, even without revisions as changes that facilitated operators to establish source-level these revisions, already allowed interaction among the trading programs overdraft accounts, in which may be designated representatives, authorized administered by EPA under Title IV, the held extra allowances usable for account representatives, and alternates NOX SIP Call, CAIR, and the CAIR FIPs. compliance by any unit at the source. In to use agents to make electronic However, independent of any need to response, EPA rejected the comment, submissions. Specifically, the Acid Rain coordinate the Acid Rain Program with explaining that, based on experience Program rules provided before the the CAIR and CAIR FIP trading with the Acid Rain and the NOX Budget revisions were adopted, and continue to programs, EPA maintains that these trading programs, EPA concluded that a provide, for certain submissions (i.e., technical revisions streamline, and in source-level allowance-holding certificates of representation, some cases clarify, the requirements of requirement results in a less applications for general account, the Acid Rain Program. Further, these complicated program and a reduced allowance transfers, and quarterly revisions have been in effect, and used likelihood of owners or operators emissions reports) required to be ‘‘in a by, source owners, operators, designated making inadvertent, minor errors that format prescribed’’ or ‘‘in a format representatives, and EPA since around could result in significant excess specified’’ by the Administrator. (The mid-2006. Based on that experience emissions penalties and yet still terms ‘‘prescribed’’ and ‘‘specified’’ with these technical revisions, EPA achieves the trading program’s have the identical meaning in these finds that they streamline and, in some environmental goals. See 69 FR 32,699– contexts.) These submissions may be cases, clarify the Acid Rain Program 700; and 70 FR 25,297. made, and in the case of quarterly requirements without adversely As a further example, a commenter emissions reports must be made, affecting the achievement of, and stated that EPA should revise the Acid electronically. The electronic formats compliance with, the emissions Rain Program rules to allow owners or prescribed by the Administrator for the reductions required under Title IV. For operators, each year, the option of Acid Rain Program allowed before the reasons independent of CAIR and the

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CAIR FIPs (including the above-stated streamlined by removing extraneous revisions to the provisions in § 72.23(c) reasons and the more detailed reasons language. Not only does this streamline concerning the reflection in certificates discussed below), EPA reaffirms its the language, but also makes the of representation of the owners and promulgation of these revisions. certification and certificates of operators of the source and units For example, some of the Acid Rain representation essentially the same as in involved. The changes make it clear that Program rule revisions clarified that the NOX Budget Trading Program under all owners and operators must be listed EPA intended to use the original the NOX SIP Call, which allows use of and that those that should be, but are definition of ‘‘cogeneration unit’’ in essentially the same forms for the two not, listed are still bound by the § 72.2. EPA noted in the May 12, 2005 trading programs. certificate of representation. Federal Register notice that the Agency As part of this streamlining of EPA notes that the revised had recently changed the ‘‘cogeneration language, § 72.24(a)(5), (a)(7), and (a)(10) certification accompanying every unit’’ definition in § 72.2 in June 2002 and an analogous provision in submission and the revised certificate of (67 FR 40394, 40420 (June 12, 2002)). § 73.31(c)(1)(v), setting forth certain representation have been widely used The original definition in § 72.2 had required provisions for the certificate of since mid-2006 without any adverse been used since the commencement of representation, were removed as consequences. For all of the above the Acid Rain Program. The only unnecessary. Among other things, this reasons, EPA concludes that these significant difference between the results in removal of the requirement of streamlining and clarifying revisions original and revised definitions was that 1-day newspaper notice for the selection concerning the certification and the former refers to a unit ‘‘having the of designated representatives for sources certificate of representation are equipment used to produce’’ electricity subject to the Acid Rain Program, which appropriate for the Acid Rain Program. and useful thermal energy through was required in addition to submission As a further example of Acid Rain sequential use of energy, while the latter to the Administrator of the certification Program rule revisions, one revision simply refers to a unit ‘‘that produces’’ of such selection. EPA believes that this involved elimination of the requirement electricity and useful thermal energy in notice requirement is unnecessary in §§ 72.90 and 74.43 for owners and that manner. The reason that EPA gave because information on the identity of operators to submit an annual for revising the definition in June 2002 designated representatives (as well as compliance certification report for each was to conform with the definition in a authorized account representatives) for source. EPA notes that other provisions rule issued under CAA section 126 Acid Rain Program sources and of the Acid Rain Program rules require related to the NOX SIP Call. However, allowance accounts is already available designated representatives of owners neither that rule nor the NOX SIP Call to the public, as well as State permitting and operators of sources subject to the actually specified a ‘‘cogeneration unit’’ authorities, through on-line access to Acid Rain Program to submit, with each definition. Consequently, there is no the allowance tracking system. This quarterly emissions report, a reason to use the June 2002 revised availability 24 hours a day on the certification that the monitoring and definition. Moreover, EPA is concerned allowance tracking system seems to be reporting requirements under part 75 of that the change in the definition of a much better way of ensuring the Acid Rain Program rules have been ‘‘cogeneration unit’’ as of June 2002 may interested persons access to the met. See 40 CFR 75.64(c). The quarterly cause confusion or raise question about information than publication of a single emissions reports are available on-line what units qualify for exemptions for notice in a local newspaper of which to the public and the States. In addition, ‘‘cogeneration units’’ from the Acid Rain interested parties may or may not owners and operators of Acid Rain Program. Under these circumstances, become aware. Consequently, EPA Program sources must submit, under EPA concludes that the definition maintains that the newspaper notice title V of the CAA, annual compliance should be changed back to the original requirement is obsolete and certification reports concerning all CAA definition in § 72.2 and, in any event, unnecessary. requirements, including all Acid Rain intends to interpret the June 2002 In addition, the provisions listing the Program requirements. EPA also notes revised definition as having the same content of a certificate of representation that it appears that, up to the time meaning as the original definition. for a designated representative were (around mid-2006) that the requirement As a further example, some Acid Rain revised to clarify that the identification to submit annual compliance Program rule revisions involved units of each unit covered by the certificate of certification reports under the Acid Rain meeting the requirements for new units representation includes identification Program was removed, few (if any) and retired units exemptions under and nameplate capacity of each requests for copies of these annual §§ 72.7 and 72.8. The revisions clarify generator served by the unit. EPA compliance certification reports had that such units are treated as unaffected believes that the current rule language been made by States or any other units under the Acid Rain Program but requiring ‘‘identification’’ of each unit persons since the commencement of the continue to be subject to any permitting subject to the trading program is already Acid Rain Program. Apparently, other requirements under parts 70 and 71 broad enough to encompass such certifications and submissions required applicable to unaffected units. information concerning each generator of owners and operators have been As a further example, some Acid Rain served by the unit, particularly since the sufficient. Under these circumstances, Program rule revisions involved the nameplate capacity of each generator EPA concludes that the separate Acid certification that a designated served by a unit may determine whether Rain Program annual compliance representative must include with each and to what extent the unit is subject to certification reports are duplicative and submission made to the Administrator requirements under the Acid Rain unnecessary. and the certificate of representation for Program. However, in order to remove As further examples of Acid Rain a designated representative and an any uncertainty, EPA concludes that the Program rule revisions, several involved authorized account representative. The revised language should be adopted to removal of provisions in part 73 of those language in § 72.21(b)(1) for the make it clear that generator information rules. One was the removal of § 73.32 certification of any submission by a is required in the certificate of (prescribing the contents of an designated representative and in representation. allowance account), which has proved § 72.24(a) and § 73.31(c)(1) for the In addition, some of the Acid Rain to be superfluous. Section 73.32 set certificates of representation was Program rule revisions were technical forth a rather self-evident list of

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information to be recorded in an is consistent with the elimination in the revisions in the April 28, 2006 allowance account in the allowance throughout the rest of the Acid Rain notice)); tracking system, such as the name of the Program rules of any references to 2. For § 73.35, item 9.f (70 FR 25,335/ authorized account representative, the subaccounts. Further, the prohibition on 3 (adding a new paragraph providing persons represented by the authorized using allowances allocated for a year to that an allowance deducted or otherwise account representative, and the transfers meet the allowance-holding requirement permanently retired in accordance with of allowances in and out of the account. for a preceding year is retained in other CAIR or the CAIR FIPs is not available This section also stated that an provisions of the Acid Rain Program for compliance with the allowance- allowance account must include a rules, e.g., §§ 72.9(c)(5) and 73.35(a)(1). holding requirement in the Acid Rain compliance or current year subaccount As further examples, §§ 73.50 and Program)); and a future year subaccount, as well as 73.52 were revised to remove 3. For § 74.4, item 2.b (70 FR 25,336/ emissions information. Several items on superfluous language. Language 3 (revising § 74.4(c)(2), which is entirely this list of informational contents for referring to ‘‘subaccounts’’ was removed removed and reserved in the revisions allowance accounts are obsolete in that as obsolete. Language referring to in the April 28, 2006 notice)); they do not reflect how the electronic allowance transfers in perpetuity was 4. For § 74.40, in item 4.b, the allowance tracking system operated or also removed since such transfers can be addition of the language ‘‘or the opt-in will operate in the near future. As noted made under these sections without such source has, under § 74.4(c), a different above, the electronic allowance tracking language. Further, the requirement in designated representative than the system has not actually ever used or § 73.50(b)(3)—that transfers of designated representative for the referred to subaccounts. Also, emissions allowances, after the allowance transfer source’’ (70 FR 25,336/3 (adding data, which, under § 73.32, were to be deadline but before completion of language referencing § 74.4(c), which is reflected in the allowance tracking compliance determinations concerning entirely removed and reserved in the system account, have always been the allowance-holding requirement, revisions in the April 28, 2006 notice)); available instead through the electronic were not recorded until such 5. For § 78.1, items 3.a and 3.c (70 FR emissions tracking system. Because the completion if the transferred allowances 25,338/1 (referencing the CAIR model information list in § 73.32 contains were usable for compliance—was trading rules, subparts AA through IIII either self-evident items or items that removed and then restated in § 73.52(b) of part 96)); 6. For § 78.3, items 4.a through 4.d (70 are obsolete and because the NOX without using the obsolete reference to Allowance Tracking System has been compliance subaccounts. FR 25,338/2–3 and 25,339/1 (adding operating successfully even though the EPA notes that these revisions to part language referencing the CAIR NOX Budget Trading Program rules lack 73 have been in effect since mid-2006 designated representative, the CAIR a provision analogous to § 73.32, EPA without any adverse consequences. For authorized account representative, and concludes that § 73.32 should be all of the above reasons, EPA concludes the CAIR model trading rules, subparts removed. that these streamlining revisions are AA through IIII of part 96)); Another provision removed in part 73 appropriate for the Acid Rain Program. 7. For § 78.4, item 5 (70 FR 25,339/1 was § 73.33(c) requiring that the As a further example, the Acid Rain (adding language referencing the CAIR authorized account representative of a Program rule revisions included designated representative and the CAIR general account (i.e., an account for an revising § 74.42. This section was authorized account representative)); entity (such as an allowance broker) revised to remove references of 8. For § 78.12 item 7.b (70 FR 25,339/ other than an Acid Rain source) notify subaccounts and still preserve the 1 (adding language referencing the CAIR all owners of allowances in the account existing requirement that allowances permit)); of any submissions made under the allocated for a future year for an opt-in 9. For § 78.1, item 2.b (71 FR 25,379/ Acid Rain Program, unless the owner unit cannot be transferred to another 2 (adding language referencing the CAIR waived the requirement. EPA believes unit before completion of the FIPs trading rules, subparts AA through that, because the establishment of a determination of compliance with the IIII of part 97)); and general account (as distinguished from a allowance-holding requirement 10. For § 78.3, items 3.a through 3.c compliance account) by owners of (including the deduction of allowances (71 FR 25,379/3 and 25,380/1–2 (adding allowances is entirely discretionary, it is to account for the opt-in unit’s language referencing the CAIR FIPs reasonable to leave it to those owners to emissions and reduced utilization). EPA trading rules, subparts AA through IIII determine whether and when they want concludes that these streamlining of part 97)). notification from their authorized revisions are appropriate for the Acid IV. Statutory and Executive Order account representative. Rain Program. Reviews Other provisions removed in part 73 were § 73.37(a) through (c) and (e) D. Identification of Specific Rule A. Executive Order 12866: Regulatory through (f). EPA concludes that these Revisions Whose Promulgation is Planning and Review provisions should be removed because Reaffirmed This action is not a ‘‘significant the claim of error procedure has never In this interim final rule, EPA is regulatory action’’ under the terms of been used and so has proved to be reaffirming the promulgation of all of Executive Order 12866 (58 FR 51735 superfluous. The provision in the revisions of the Acid Rain Program (October 4, 1993)) and is therefore not § 73.37(d), setting forth the rules that were finalized in the May 12, subject to review under the Executive Administrator’s ability to correct, on his 2005 final rulemaking notice that also Order. In this action, EPA is simply own motion, any type of error that he finalized CAIR (70 FR 25,333–39) and reaffirming the promulgation of Acid finds in an allowance tracking system the April 28, 2006 final rulemaking Rain Program rule revisions that were account remains, renumbered as § 73.37. notice that also finalized the CAIR FIPs previously issued and are currently in Another provision removed in part 73 (71 FR 25,377–80) except the following effect and have been since mid-2006. was § 73.51. Section 73.51 prohibited revisions: the transfer of allowances from a future 1. For § 72.2, item 2.l (70 FR 25,334/ B. Paperwork Reduction Act year subaccount to a subaccount for an 1 (adding language referencing § 74.4(c), This action does not impose any new earlier year. The removal of this section which is entirely removed and reserved information collection burden. This rule

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simply reaffirms the promulgation of D. Unfunded Mandates Reform Act requirements that might significantly or Acid Rain Program rule revisions that uniquely affect small governments. were previously issued, does not change Title II of the Unfunded Mandates E. Executive Order 13132: Federalism the existing requirements in 40 CFR Reform Act of 1995 (UMRA), Public Parts 72, 73, 74, 77, and 78, and thus Law 104–4, establishes requirements for Executive Order 13132, entitled does not change the existing Federal agencies to assess the effects of ‘‘Federalism’’ (64 FR 43255 (August 10, information collection burden. their regulatory actions on State, local, 1999)), requires EPA to develop an Moreover, EPA maintains that the effect and tribal governments and the private accountable process to ensure of these revisions when they were first sector. Under section 202 of the UMRA, ‘‘meaningful and timely input by State promulgated was, if anything, to reduce EPA generally must prepare a written and local officials in the development of somewhat the information collection statement, including a cost-benefit regulatory policies that have federalism burden on regulated sources, e.g., by analysis, for proposed and final rules implications.’’ ‘‘Policies that have requiring compliance with the with ‘‘Federal mandates’’ that may federalism implications’’ is defined in allowance-holding requirement at a result in expenditures to State, local, the Executive Order to include source, rather than unit, level (thereby and tribal governments, in the aggregate, regulations that have ‘‘substantial direct removing the need to transfer or to the private sector, of $100 million effects on the States, on the relationship allowances among units at the same or more in any one year. Before between the national government and source) and by making other changes to promulgating an EPA rule for which a the States, or on the distribution of the rules in place when the rule written statement is needed, section 205 power and responsibilities among the revisions were originally promulgated of the UMRA generally requires EPA to various levels of government.’’ (such as removing the requirement for identify and consider a reasonable This rule does not have federalism implications. It will not have substantial submission of an annual compliance number of regulatory alternatives and direct effects on the States, on the certification report). However, the Office adopt the least costly, most cost relationship between the national of Management and Budget (OMB) has effective or least burdensome alternative government and the States, or on the previously approved the information that achieves the objectives of the rule. distribution of power and collection requirements in the existing The provisions of section 205 do not responsibilities among the various rules under the provisions of the apply when they are inconsistent with levels of government, as specified in Paperwork Reduction Act, 44 U.S.C. applicable law. Moreover, section 205 Executive Order 13132. This rule simply 3501, et seq., and has assigned OMB allows EPA to adopt an alternative other reaffirms the promulgation of Acid Rain control number 2060–0258. OMB than the least costly, most cost-effective, or least burdensome alternative if the Program rule revisions that were control numbers for EPA’s regulations previously issued and that are still in in 40 CFR are listed in 40 CFR part 9. Administrator publishes with the final rule an explanation why that alternative effect and have been since mid-2006. Moreover, when first promulgated, these C. Regulatory Flexibility Act was not adopted. Before EPA establishes revisions did not have substantial direct any regulatory requirements that may The Regulatory Flexibility Act (5 effects on States, the relationship significantly or uniquely affect small U.S.C. 601, et seq.) (RFA) generally between the national government and governments, including tribal requires an agency to prepare a the States, or the distribution of power governments, it must have developed regulatory flexibility analysis of any rule and responsibilities. Thus, Executive under section 203 of the UMRA a small subject to notice and comment Order 13132 does not apply to this rule. rulemaking requirements under the government agency plan. The plan must Administrative Procedure Act or any provide for notifying potentially F. Executive Order 13175: Consultation other statute unless the agency certifies affected small governments, enabling and Coordination With Indian Tribal that the rule will not have a significant officials of affected small governments Governments economic impact on a substantial to have meaningful and timely input in Executive Order 13175, entitled number of small entities. Small entities the development of EPA regulatory ‘‘Consultation and Coordination With include small businesses, small proposals with significant Federal Indian Tribal Governments’’ (65 FR organizations, and small governmental intergovernmental mandates, and 67249 (November 9, 2000)), requires jurisdictions. For purposes of assessing informing, educating, and advising EPA to develop an accountable process the impacts of today’s rule on small small governments on compliance with to ensure ‘‘meaningful and timely input entities, small entity is defined as: (1) A the regulatory requirements. by tribal officials in the development of small business as defined by the Small This rule does not change the existing regulatory policies that have tribal Business Administration’s regulations at Acid Rain Program rules and therefore implications.’’ This rule does not have 13 CFR 121.201; (2) a small does not result in any additional tribal implications, as specified in governmental jurisdiction that is a expenditures to State, local, and tribal Executive Order 13175. This rule simply government of a city, county, town, governments or to the private sector. reaffirms the promulgation of Acid Rain school district or special district with a The rule simply reaffirms the Program rule revisions that were population of less than 50,000; and (3) promulgation of Acid Rain Program rule previously issued and that are still in a small organization that is any not-for- revisions that were previously issued effect and have been since mid-2006. profit enterprise which is independently and that are still in effect and have been Moreover, when first promulgated, these owned and operated and is not since mid-2006. Moreover, when first revisions did not have substantial direct dominant in its field. promulgated, the effect of these effects on tribal governments, on the Because EPA has made a ‘‘good revisions was, if anything, to reduce relationship between the Federal cause’’ finding that this action is not somewhat the expenditures of State, government and Indian tribes, or on the subject to notice and comment local, and tribal governments and the distribution of power and requirements under the Administrative private sector under the then-existing responsibilities between the Federal Procedure Act and CAA section 307(d), Acid Rain Program rules. For the same government and Indian tribes. Thus, it is not subject to the regulatory reasons, EPA has determined that this Executive Order 13175 does not apply flexibility provisions of the RFA. rule contains no regulatory to this rule.

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G. Executive Order 13045: Protection of materials specifications, test methods, cannot take effect until 60 days after it Children From Environmental Health sampling procedures, and business is published in the Federal Register. and Safety Risks practices) that are developed or adopted This action is not a ‘‘major rule’’ as Executive Order 13045, entitled by voluntary consensus standards defined by 5 U.S.C. 804(2). This rule ‘‘Protection of Children From bodies. The NTTAA directs EPA to will be effective on December 15, 2008 provide Congress, through OMB, for good cause found as explained in Environmental Health Risks and Safety explanations when the Agency decides Section II of this preamble. Risks’’ (62 FR 19885 (April 23, 1997)), not to use available and applicable applies to any rule that: (1) Is List of Subjects in 40 CFR Parts 72, 73, voluntary consensus standards. This determined to be ‘‘economically 74, 77, and 78 rule simply reaffirms the promulgation significant’’ as defined under Executive of Acid Rain Program rule revisions that Environmental protection, Acid rain, Order 12866, and (2) concerns an were previously issued and that are still Administrative practice and procedure, environmental health or safety risk that in effect and have been since mid-2006. Air pollution control, Electric utilities, EPA has reason to believe may have a Moreover, when first promulgated, these Intergovernmental relations, Reporting disproportionate effect on children. If revisions did not address the use of any and recordkeeping requirements, Sulfur the regulatory action meets both criteria, technical standards. Thus, this rule is oxides. the Agency must evaluate the not subject to the NTTAA. environmental health or safety effects of Dated: December 5, 2008. the planned rule on children and J. Executive Order 12898: Federal Stephen L. Johnson, explain why the planned regulation is Actions to Address Environmental Administrator. preferable to other potentially effective Justice in Minority Populations and [FR Doc. E8–29382 Filed 12–12–08; 8:45 am] and reasonably feasible alternatives Low-Income Populations BILLING CODE 6560–50–P considered by the Agency. EPA Executive Order 12898 (59 FR 7629 interprets Executive Order 13045 as (February 16, 1994)) establishes federal applying only to those regulatory executive policy on environmental DEPARTMENT OF COMMERCE actions that are based on health or safety justice. Its main provision directs risks, such that the analysis required federal agencies, to the greatest extent National Oceanic and Atmospheric under section 5–501 of the Executive practicable and permitted by law, to Administration Order has the potential to influence the make environmental justice part of their regulation. mission by identifying and addressing, 50 CFR Part 600 This rule is not subject to the as appropriate, disproportionately high [Docket No. 070920529–81555–02] Executive Order because it is not a and adverse human health or RIN 0648–AW05 significant regulatory action under environmental effects of their programs, Executive Order 12866 and is not based policies, and activities on minority Magnuson–Stevens Act Provisions; on health or safety risks. This rule populations and low-income Limited Access Privilege Programs; simply reaffirms the promulgation of populations in the United States. EPA Individual Fishing Quota Referenda Acid Rain Program rule revisions that has determined that this rule will not Guidelines and Procedures for the New were previously issued and that are still have disproportionately high and England Fishery Management Council, in effect and have been since mid-2006. adverse human health or environmental the Gulf of Mexico Fishery Moreover, when first promulgated, these effects on minority or low-income Management Council, and the National revisions implemented certain populations because it does not change Marine Fisheries Service requirements of the Acid Rain Program the level of protection provided to that were not based on health or safety human health or the environment, but AGENCY: National Marine Fisheries risks. simply reaffirms the promulgation of Service (NMFS), National Oceanic and Acid Rain Program rule revisions that Atmospheric Administration (NOAA), H. Executive Order 13211: Actions That were previously issued and that are still Commerce. Significantly Affect Energy Supply, in effect and have been since mid-2006. ACTION: Distribution, or Use Final rule. Moreover, when first promulgated, these This rule is not subject to Executive revisions did not change the level of SUMMARY: NMFS issues a final rule Order 13211, entitled ‘‘Actions protection provided to human health or implementing guidelines and Concerning Regulations That the environment. procedures for the New England Fishery Significantly Affect Energy Supply, Management Council (NEFMC) and the Distribution, or Use’’ (66 FR 28355 (May K. Congressional Review Act Gulf of Mexico Fishery Management 22, 2001)), because it is not a significant The Congressional Review Act, 5 Council (GMFMC)(collectively the regulatory action under Executive Order U.S.C. 801, et seq., as added by the Councils) and NMFS to follow in 12866. Small Business Regulatory Enforcement determining procedures and voting Fairness Act of 1996, generally provides eligibility requirements for referenda on I. National Technology Transfer that before a rule may take effect, the Individual Fishing Quota (IFQ) program Advancement Act agency promulgating the rule must proposals in accordance with the Section 12(d) of the National submit a rule report, which includes a Magnuson–Stevens Fishery Technology Transfer and Advancement copy of the rule, to each House of the Conservation and Management Act, as Act of 1995 (NTTAA), Public Law 104– Congress and to the Comptroller General amended (Magnuson–Stevens Act). The 113, section 12(d) (15 U.S.C. 272 note), of the United States. EPA will submit a intended effect of these procedures and directs EPA to use voluntary consensus report containing this rule and other guidance is to help develop IFQ standards in its regulatory activities required information to the U.S. Senate, program referenda in the New England unless to do so would be inconsistent the U.S. House of Representatives, and and Gulf of Mexico fisheries that are fair with applicable law or otherwise the Comptroller General of the United and equitable. impractical. Voluntary consensus States prior to publication of the rule in DATES: This rule is effective January 14, standards are technical standards (e.g., the Federal Register. A major rule 2009.

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ADDRESSES: Copies of the Regulatory A referendum conducted on a on the proposed procedures and Impact Review (RIR) prepared for this GMFMC IFQ program proposal must be guidelines for conducting a referendum. action may be obtained from the mailing approved by a majority of those voting Response: These comments are address listed here or by calling Robert in the referendum. For Gulf of Mexico outside the scope of this action. NMFS Gorrell, NMFS–SF, 1315 East–West fisheries managed with multispecies acknowledges the comments but will Highway, Silver Spring, MD 20910 (also permits, the Magnuson–Stevens Act not respond in this document. see FOR FURTHER INFORMATION CONTACT). limits eligible referenda voters to those Opportunities for public comment on This Federal Register document is permit holders who have substantially specific IFQ programs are available or also accessible via the Internet at: http:// fished the species to be included in the will be during the normal Council plan www.access.gpo.gov/su-docs/aces/ proposed IFQ program. amendment and rulemaking processes. aces140.html. This final rule establishes procedures Comment 2: The rule would establish for initiating, conducting, and rather broad guidelines within which FOR FURTHER INFORMATION CONTACT: determining the outcome of IFQ the Councils would develop IFQ Robert Gorrell, at 301–713–2341 or via program referenda, as well as guidelines referendum voter eligibility criteria and e–mail at [email protected]. for specifying referenda voting referendum details. Several respondents SUPPLEMENTARY INFORMATION: NMFS eligibility requirements. These supported the flexibility afforded by the published the proposed rule for this procedures and guidelines are intended broad guidelines, noting that they action in the Federal Register on April to ensure referenda conducted on IFQ provided Councils with the ability to 23, 2008 (73 FR 21893) with a public program proposals are fair and prepare criteria and program details comment period through June 23, 2008. equitable, while providing the flexibility suited specifically to the proposed IFQ NMFS received comments from 11 to develop IFQ program referenda fishery. One member of the public commenters. Responses to these voting eligibility requirements on a stated that the guidelines are overly comments are discussed under the fishery–specific basis, in accordance broad and give NMFS unbridled Comments and Responses section of this with the Magnuson–Stevens Act and discretion, which may result in an preamble. other applicable law. unfair and inequitable referendum, Section 303A of the Magnuson– These procedures and guidelines also especially from the perspective of Stevens Act specifies general would apply to referenda conducted in owners of small vessels. Another requirements for Limited Access association with any IFQ program supported the broadness of the Privilege (LAP) programs implemented proposal advanced through a Secretarial guidelines, indicating that the referenda in U.S. marine fisheries. A LAP is fishery management plan (FMP) or FMP need to be developed on a case–by–case defined as a Federal limited access amendment under the authority of basis and suggesting that more detailed permit that provides a person the section 304(c) of the Magnuson–Stevens or constrained guidelines would likely exclusive privilege to harvest a specific Act for a New England or Gulf of be too complicated to execute. portion of a fishery’s total allowable Mexico fishery. Any Secretarial IFQ Response: The fisheries managed by catch. This definition encompasses program proposal must be approved by the New England and Gulf of Mexico exclusive harvesting privileges allocated a majority of the voting members, Fishery Management Councils vary to participants under IFQ programs. present and voting, of the appropriate greatly in terms of number of Section 303A(c)(6)(D) of the Council before it can be included in a participants, geographic range, fishing Magnuson–Stevens Act outlines specific Secretarial FMP or FMP amendment. method, and value. The IFQ program requirements for IFQ program proposals For a discussion of these procedures proposals could introduce even more developed by the NEFMC and GMFMC. and guidelines, i.e., initiating referenda, variability to the situations and issues to Specifically, the Magnuson–Stevens Act voter eligibility, ensuring referenda are be addressed by the Councils as they requires such program proposals to be fair and equitable, conducting referenda, develop referendum eligibility criteria. approved through referenda before they and deciding referenda, please see the Rather than constrain the Councils with may be submitted for review and preamble to the proposed rule detailed referendum eligibility implementation by the Secretary of published on April 23, 2008 (73 FR requirements, and in order to Commerce (Secretary). Additionally, the 21893). accommodate the potential variety of Magnuson–Stevens Act requires the IFQ proposals and voter situations, Secretary to publish guidelines and Comments and Responses NMFS has decided to set general procedures to (1) determine procedures The public comment period on the eligibility standards and referendum and voting eligibility requirements for proposed rule closed on June 23, 2008. procedures at this time. More specific IFQ program referenda, and (2) to A total of 11 commenters submitted criteria and procedures for each conduct such referenda in a fair and comments (via e–mail, fax, and regular proposed IFQ program will be equitable manner. mailing) to NMFS on behalf of five developed by the Councils and A referendum conducted on a NEFMC individual fishermen, the New England implemented by NMFS when the details IFQ program proposal must be approved Fishery Management Council, and five of the IFQ program proposals are by more than 2/3 of those voting in the non–governmental organizations with known. The Councils, when requesting referendum among eligible permit fisheries and environmental interests. that NMFS conduct an IFQ referendum, holders and other eligible voters. The These organizations were the Associated would have to analyze the Magnuson–Stevens Act requires that the Fisheries of Maine, the Southern recommended eligibility criteria and Secretary promulgate criteria to Shrimp Alliance, Inc., the justify the criteria selected. determine whether additional fishery Environmental Defense Fund, the Food Although the proposed rule contained participants are eligible to vote in & Water Watch, and the Ocean general eligibility requirements for NEFMC IFQ program referenda, in order Conservancy. Their comments are referendum participation, the guidelines to ensure that crew members who derive summarized and responded to below. do not give NMFS or the Councils a significant percentage of their total Comment 1: A number of respondents ‘‘unbridled discretion’’ in this regard. income from a proposed IFQ fishery are offered comments relative to specific NMFS and the Councils will develop eligible to participate in an IFQ IFQ programs (both existing and in referendum eligibility requirements for referendum. development) rather than commenting proposed IFQ programs consistent with

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the Magnuson–Stevens Act, including importance of smaller scale fishing use multiple ways to determine the National Standards, and other community members. Two other eligibility. Setting a control date, in applicable law. respondents expressed their support of conjunction with landings or vessel The procedures and guidelines are vote weighting. One noted that vote activity requirements from a set of neutral relative to vessel size, past weighting could help to ensure permit qualifying years, is a possible criterion, landings, and other criteria that may holders in the Gulf of Mexico who but others are also possible; for instance, factor into voter eligibility. These ‘‘substantially fished’’ would largely current year activity may be another procedures and guidelines do not favor influence the outcome of the important consideration in determining large vessels over small vessels, or vice referendum. voter eligibility. versa. IFQ programs can be designed by Response: The rule provides for the Because the procedures and the Councils to reflect a wide variety of possibility of vote weighting, but it does guidelines do not specify the use of a Council and public priorities. not require weighting; furthermore, the control date, the respondent’s concern Accordingly, the Councils will have the rule does not specify any criteria for would be better addressed to the discretion to establish a vote weighting weighting votes. For instance, the New Council during the development of system or to count votes on a per permit England Council could develop a specific IFQ program proposals and basis, to meet these priorities while referendum proposal that does not referendum criteria. providing meaningful participation for weight votes at all; or it could apply a Comment 6: Of the two alternatives each fishery segment. weighting formula that considers a considered for timing of the IFQ Comment 3: Under the proposed rule, variety of parameters, such as landings, referendum initiation letter, those participants in a Gulf of Mexico vessel size, time in the fishery, amount respondents supported the somewhat fishery who have substantially fished of fishing activity, number of crew, etc. compressed referendum schedule. One the species under consideration in an Depending on the goals of the Council commenter stated that NMFS should IFQ program would be eligible to vote and the proposed IFQ program, these conduct the referendum within 60 days in the referendum. One respondent parameters could balance the way of receiving the Council’s initiation stated that it is unfair to define certain sectors of the fishery participate letter. Another requested that NMFS ‘‘participants who have substantially in the referendum. For example, if an provide time frames for responding to fished’’ as those permit holders with IFQ proposal is likely to affect the small referendum requests and for conducting larger vessels, concluding this would boat inshore fleet, votes could be the referendum. disenfranchise the small vessel weighted to ensure smaller vessels are Response: NMFS has provided for the fishermen in the Gulf of Mexico. reasonably represented in the outcome compressed schedule alternative in the Another respondent stated this of the referendum. final rule to expedite implementation of provision would discriminate against NMFS will use these guidelines and IFQ referenda. The measure allows the small boat operators. A third respondent procedures to assure fair and equitable Council’s referendum initiation request stated that all those having fished the referenda. In assessing whether Council to be submitted after the Council has species being considered in the IFQ recommendations for referenda criteria solicited and considered public program should be eligible to vote in the are fair and equitable, NMFS will take comment and has selected preferred referendum. Two respondents were in into account, among other things, alternatives for the proposed IFQ favor of the substantially fished whether the criteria are rationally program. This approach, unlike the provision because they advocate for the related to the proposed IFQ program alternative noted in the preamble of the position that the fate of the IFQ program and whether the criteria prevent any proposed rule, does not require that the appropriately rests with participants person or other entity from obtaining an FMP or FMP amendment document be who have a vested interest in the excessive share of the voting privileges. completed prior to requesting the proposed IFQ fishery. Also, NMFS will evaluate the criteria in referendum. Though the procedures and Response: The Magnuson–Stevens light of the National Standards under guidelines specify that the compressed Act limits eligible voters in a the Magnuson–Stevens Act. These schedule alternative may be used, a referendum for a Gulf of Mexico considerations should help the Council Council would have the option to multispecies fishery to holders of and NMFS balance the goals of the complete its FMP document before multispecies permits who have program with the eligibility criteria and submitting the referendum initiation ‘‘substantially fished’’ the species to be any vote weighting criteria, ensuring request to NMFS. included in the proposed IFQ program. that no segment of the fishery is unduly The Councils and NMFS will execute However, the Magnuson–Stevens Act disadvantaged by the referendum the referendum as expeditiously as does not define ‘‘substantially fished.’’ process. possible. The amount of time NMFS The definition of ‘‘substantially fished’’ Comment 5: One respondent stated will need to conduct a referendum after may vary for each IFQ program because that the application of a control date submission of the initiation request is the Council will take into consideration and establishment of a voter eligibility very difficult to determine. The length various eligibility criteria including past criterion of fishing activity relative to of time will depend on many factors, and present participation in the fishery, the control date would be unfair and including the complexity of the and the full range of entities likely to be inequitable. The respondent cited a new eligibility or weighting criteria, the eligible for initial IFQ allocations, as vessel owner’s lack of access to the prior quality of the data supporting the well as other factors to be determined by owner’s landings history as the cause for eligibility criteria, and the number of the Council. There will be opportunities this concern. entities involved. Any eligibility process to comment on referendum eligibility Response: The procedures and that relies on landings data, for criteria for specific IFQ program guidelines for conducting a referendum example, will have to include time for proposals in the rulemaking procedures state that Councils should consider past notification of industry members and undertaken for those proposals. and present harvest and participation in may also include an appeals process for Comment 4: Two respondents stated the fishery when establishing voter potential participants. On the other that applying differential weighting to eligibility criteria. They do not specify hand, a simple eligibility criterion referendum votes would be unfair and how the Council must determine and requiring only that one have an active would exclude or diminish the assess past participation. Councils may permit could be more quickly executed.

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When the Council submits a specific crew members. Also, NMFS hopes to exclusion is that such entities do not referendum initiation request, NMFS execute referenda expeditiously. represent traditional, historic, and may announce an estimated timeline for Accordingly, the procedures and cultural participation, and economic the execution of the referendum. The guidelines allow for a referendum to investment in fisheries. IFQ referendum will be executed occur in which crew members would Response: By design, consistent with through rulemaking. The process of self–certify that they meet eligibility the general provisions of section 303A drafting, clearing, and publishing the criteria. The Council may adopt self– of the Magnuson–Stevens Act, the proposed rule, along with a period for certification in its eligibility criteria procedures and guidelines for public comment and preparation and recommendation or may specify other conducting an IFQ referendum are publication of the final rule is likely to documentation requirements. general so that they may be applied to take more than 60 days to complete. Comment 8: One respondent all New England and Gulf of Mexico The proposed rule stated that the suspected that the crew member fisheries and support a wide range of referendum rulemaking would establish eligibility process could be subject to Council priorities. The procedures and a deadline for receiving ballots from abuse in attempts to affect the outcome guidelines do not aim to exclude or eligible voters. Since a referendum in of a referendum. The writer suggested place at a disadvantage any entity in the New England must accommodate the that NMFS pay close scrutiny to crew fishing community. possibility of crew members member eligibility documentation The eligibility criteria for each IFQ participating, the window for presented by the family members of referendum will be developed by the submitting ballots may need to be vessel owners. Councils through their public processes generous. Crew members who are Response: All documentation and will likely be based on the IFQ potentially eligible to vote will need presented to NMFS to support claims of program proposal itself. The exclusion time to contact NMFS, have their voter eligibility will be reviewed. of any type of entity, including non– eligibility credentials validated, and Suspect materials will be turned over to profit organizations and permit banks, then submit the completed ballot. After the NOAA Fisheries Office for Law from the referendum will have to be the ballots are received by NMFS, the Enforcement for investigation and fully justified by the Councils in their procedures and guidelines allow up to possible enforcement action. referendum initiation requests. 60 days for NMFS to determine and Comment 9: Under the procedures Comment 11: A commenter from New announce the result of the referendum. and guidelines, one of NMFS’s England suggested that vote weighting Comment 7: A referendum conducted considerations for determining whether could be used to limit the relative for a New England fishery must provide a referendum is likely to be fair and influence of non–vessel entities, such as for the possibility of voting by crew equitable is whether the criteria are permit banks, that own large blocks of members who meet all eligibility designed to preclude any single entity permits. criteria, including certain income from obtaining an excessive share of Response: NMFS acknowledges this requirements. Several respondents voting privileges. One respondent point. Vote weighting will be available commented on the documentation that questioned NMFS’s use of the term to the Councils and may be applied in would be needed to prove a crew ‘‘excessive share,’’ stating that it is the referendum, so long as the member’s income and period of service undefined, and suggesting that a recommended weighting criteria are on a referendum–eligible vessel. One definition be implemented through new rationally connected to the proposed respondent specified that a crew rulemaking. IFQ program and meet NMFS’s other member should be made to present pay Response: The requirement for NMFS considerations for determining that a records correlated with tax filings, as to ensure that no single entity gains an referendum is likely to be fair and well as notarized statements from vessel excessive share of the voting privileges equitable. If the Councils choose to owners documenting the crew member’s is analogous to a similar provision in recommend vote weighting, the service aboard the vessel. One the Magnuson–Stevens Act regarding referendum initiation request must respondent opposed the idea of crew limited access privilege programs justify the weighting criteria and members self–certifying their own (LAPPs). The maximum share limit has analyze alternatives to the compliance with the eligibility criteria to be set relative to the fishery for which recommended criteria. (under threat of prosecution for making the IFQ program is being proposed; Comment 12: The rule would require a false statement to the government), NMFS will not define the term that the referendum ballot seek approval while another respondent supported the ‘‘excessive share’’ in the procedures and or disapproval of the IFQ program approach. guidelines, but will apply the term proposal. The rule also allows that, after Response: NMFS does not collect or analogously with its usage in section an IFQ proposal fails to be approved by maintain any data on the participation 303A of the Magnuson–Stevens Act. referendum, the Council may make and income of crew members in any The Council will have to determine a changes to the program proposal or New England fishery. The practices of standard for excessive share specific to explain a change of circumstances in the hiring crew members and documenting each proposed IFQ program. NMFS will fishery that would warrant an additional their labor are believed to vary widely consider the Council’s standard for referendum, and request that NMFS across the region and between fisheries. excessive share when applying the term conduct a subsequent referendum. One Due to these factors, the procedures and to the referendum and when commenter, a proponent of IFQs, guidelines specify that the availability determining if the referendum is likely suggested that the rule provide for the of documentary proof of employment to be fair and equitable. referendum ballot to include survey and income to validate eligibility be Comment 10: One commenter questions in order to direct changes to among the Council’s considerations as it proposed to preclude certain non–vessel the IFQ program proposal, should the develops the voter eligibility criteria entities that may hold permits from initial referendum fail. recommendations specific to the subject participating in a referendum. The Response: NMFS does not support fishery. respondent specifically mentioned non– this recommendation. Section NMFS aims to guard against setting profit organizations and permit banks as 303A(c)(6)(D) of the Magnuson–Stevens documentation standards that are the sorts of entities that should be Act requires that the referendum unattainable for potentially eligible excluded. The argument for the consider the IFQ program proposal ‘‘as

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ultimately developed.’’ NMFS will not Section Effect Section Effect publish a final rule on referenda procedures for a specific fishery until § 600.1310(c)(2)(ii)(A) Adds ‘‘during the a new § 600.1310(g)(4) Stipulates that the the Council has solicited and and (B) qualifying pe- Referenda ballots value of weighted Crew member eligibility riod(s)’’ to (A) and votes must be in- considered public comment and in NEFMC IFQ changes ‘‘the eli- dicated on the selected preferred alternatives for a referenda gibility period(s)’’ ballot and a proposed IFQ program. The purpose of to ‘‘the qualifying weighted vote the referendum is to determine approval period(s)’’ in (B). must be cast as a or disapproval of the proposed IFQ single unit (i.e., program, rather than as a mechanism to § 600.1310(c)(2)(iii)(E) Clarifies that the the value may not solicit feedback on the specific Crew member eligibility developer of eligi- be split). The full in NEFMC IFQ bility criteria for value must be ap- alternatives of the program. referenda fishery partici- plied to the selec- However, should NMFS and the pants, including tion made on the Council(s) decide that additional crew members, ballot. The old information would be helpful for further must consider any § 600.1310(g)(4) factors determined was renumbered development of IFQ program proposals, by the Council as NMFS may include additional IFQ ‘‘with jurisdiction § 600.1310(g)(5). program materials in the envelope when over the fishery the ballot is distributed to eligible for which an IFQ Also, other minor changes have been voters. Survey questions or program is pro- made to improve the clarity and supplemental information would be posed’’ to be rel- readability of the regulatory text. separate from the ballot, and submission evant. Classification of a completed survey would have no § 600.1310(c)(3)(iii) Clarifies that the effect on the validity of the ballot. GMFMC’s substantially developer of eligi- The Magnuson–Stevens Act fished criterion bility criteria for Changes from the Proposed Rule The Assistant Administrator for multispecies per- Fisheries, NMFS, determined that this The following table identifies mit holders who final rule is consistent with the have substantially substantive changes from the proposed fished the spe- Magnuson–Stevens Act as amended. rule that were made for purposes of cies, must con- E.O. 12866 clarification. sider any factors determined by the This final rule has been determined to Section Effect Council ‘‘with ju- be not significant for purposes of risdiction over the Executive Order 12866. § 600.1310(a) Notes that fishery for which Purpose and scope of § 600.1310 con- an IFQ program is Regulatory Flexibility Act referenda tains guidance on proposed’’ to be NMFS prepared an Initial Regulatory vote weighting as relevant. Flexibility Analysis (IRFA) at the well as voter eligi- proposed rule stage, as required by bility. § 600.1310(d) Substitutes the section 603 of the Regulatory Flexibility Council–recommended words ‘‘apply the Act, to describe the economic impacts § 600.1310(b)(2)(v) Requires a Coun- criteria same’’ for ‘‘con- Initiating IFQ referenda cil recommending sider’’ in ‘‘A Coun- the proposed regulation may have on vote weighting to cil may also con- small entities. Small entities within the include the ration- sider criteria for scope of the rule include individual ale and expected weighting eligible fish–harvesting vessels. NMFS intended effects for such referendum the analysis to aid in the consideration weighting in its votes’’. of regulatory alternatives that could letter requesting minimize the economic impact on initiation of a ref- § 600.1310(h)(2) and Changes from ‘‘of affected small entities. No comments erendum. (h)(3) those voting sub- Determining the out- mit valid ballots in were received from the public on the § 600.1310(c)(1)(iii)(C) Clarifies that the come of an IFQ ref- favor of’’ to ‘‘of the IRFA or specific economic impacts of Permit holders and developer of eligi- erendum votes submitted the proposed rule. other fishery partici- bility criteria per- on valid ballots This rule merely provides broad pants mit holders and are in favor of’’. guidance and sets out procedures for other fishery par- subsequent rules with the intended ticipants must effect of ensuring that IFQ program consider factors referenda are fair and equitable. While determined by the the benefits of ensuring that IFQ Council ‘‘with ju- program referenda are fair and equitable risdiction over the fishery for which are believed considerable; analysis of an IFQ program is data and impacts on vessels, vessel proposed’’ to be revenues, port revenues, fish stock relevant. impacts, etc. is not possible in the absence of identifying specific fisheries and IFQ program proposal components. Estimated direct economic impacts would be evaluated in compliance with the Regulatory Flexibility Act and other

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applicable Federal law at the time council. This section provides guidance recommended criteria to be used in fishery–specific program proposals are on developing voter eligibility and vote identifying those permit holders who developed. NMFS did perform an weighting, and establishes general have substantially fished the species to analysis of this rule and did not find procedures to ensure referenda are be included in the proposed IFQ any basis to conclude that small conducted in a fair and equitable program, along with alternatives to the business entities would be adversely manner. recommendation, and supporting affected by this rule. Therefore, NMFS (b) Initiating IFQ referenda. (1) The analyses. Guidelines for developing is certifying non–significance to the NEFMC and the GMFMC shall not such recommendations are provided at Chief Counsel for Advocacy of the Small submit, and the Secretary shall not paragraph (c)(3) of this section. Business Administration. approve, an FMP or FMP amendment (3) Following a referendum that has A more–detailed description of the that would create an IFQ program until failed to approve the IFQ proposal, any action, why it is being considered, and the IFQ program proposal, as ultimately request from a Council for a new the legal basis for this action are developed, has been approved by a referendum in the same fishery must contained in the preamble of the referendum of eligible voters. Paragraph include an explanation of the proposed rule (73 FR 21893). (h) of this section provides criteria for substantive changes to the proposed IFQ determining the outcome of IFQ program or the changes of Paperwork Reduction Act referenda. circumstances in the fishery that would IFQ program referenda conducted (2) To initiate a referendum on a warrant initiation of an additional under section 303A(c)(6)(D)(iv) of the proposed IFQ program: referendum. Magnuson–Stevens Act are exempt from (i) The relevant Council must have (c) Referenda voter eligibility—(1) the Paperwork Reduction Act. held public hearings on the FMP or Permit holders and other fishery FMP amendment in which the IFQ participants. (i) To be eligible to vote in List of Subjects in 50 CFR Part 600 program is proposed; IFQ referenda, permit holders and other Fisheries, Fishing, Reporting and (ii) The relevant Council must have fishery participants must meet voter recordkeeping requirements. considered public comments on the eligibility criteria. Dated: December 9, 2008. proposed IFQ program; (ii) Holders of multispecies permits in (iii) The relevant Council must have Samuel D. Rauch III, the Gulf of Mexico must have selected preferred alternatives for the substantially fished the species Deputy Assistant Administrator for proposed IFQ program; Regulatory Programs, National Marine proposed to be included in the IFQ (iv) The chair of the Council with program to be eligible to vote in a Fisheries Service. jurisdiction over such proposed IFQ ■ referendum on the proposed program. For the reasons stated in the preamble, fishery must request a referendum on (iii) When developing eligibility NMFS amends 50 CFR part 600 as the proposed IFQ program in a letter to criteria for permit holders in an IFQ follows: the appropriate NMFS Regional program referendum, the relevant Administrator; Council or Secretary must consider, but PART 600—MAGNUSON–STEVENS (v) The letter requesting initiation of ACT PROVISIONS is not limited to considering: a referendum must recommend voter (A) The full range of entities likely to ■ 1. Add subpart O consisting of eligibility criteria that are consistent be eligible to receive initial quota §§ 600.1300 through 600.1310 to read as with the applicable requirements of allocation under the proposed IFQ follows: paragraph (c)(1) of this section and may program; also include recommended criteria for (B) Current and historical harvest and Subpart O—Limited Access Privilege vote weighting. The letter must provide Programs participation in the fishery; and the rationale supporting the Council’s (C) Other factors as may be Sec. recommendation, as well as such determined by the Council with 600.1300—600.1309 [Reserved] additional information and analyses as jurisdiction over the fishery for which 600.1310 New England and Gulf of Mexico needed, consistent with applicable law Individual Fishing Quota Referenda. an IFQ program is proposed to be and provisions of this section. If a relevant to the fishery and to the Authority: 16 U.S.C. 1801 et seq. Council recommends vote weighting proposed IFQ program. criteria, the letter should fully describe (2) Crew member eligibility in NEFMC Subpart O—Limited Access Privilege the rationale for and the expected effects IFQ referenda. (i) For the purposes of Programs of such weighting on the referendum; this section, ‘‘referendum–eligible §§ 600.1300—600.1309 [Reserved] (vi) NEFMC referenda initiation vessel’’ means a vessel, the permit letters must: recommend criteria that are holder or owner of which has been § 600.1310 New England and Gulf of consistent with paragraph (c)(2)(iii) of determined to be eligible to vote in the Mexico Individual Fishing Quota Referenda. this section for NMFS to use in referendum on the basis of such vessel’s (a) Purpose and scope. This section determining the eligibility of other history or other characteristics. establishes procedures and guidelines fishery participants to vote in the (ii) To be eligible to vote in an for referenda to be conducted on referendum; include the minimum NEFMC IFQ referendum, crew members Individual Fishing Quota (IFQ) program percentage of a crew member’s total must meet the following requirements: proposals developed by the New income that must have been earned (A) The crew member must have England Fishery Management Council during the eligibility periods in the worked aboard a referendum–eligible (NEFMC) and the Gulf of Mexico proposed IFQ fishery as discussed in vessel at sea, during the qualifying Fishery Management Council (GMFMC). paragraph (c)(2)(ii) of this section; and period(s), while the vessel was engaged These procedures and guidelines also include criteria for ‘‘referendum eligible in fishing; apply to IFQ program proposals vessels’’ as described in paragraph (B) If requested, the crew member developed by NMFS for fisheries under (c)(2)(i) of this section; and must produce documentary proof of the jurisdiction of the NEFMC or (vii) GMFMC letters initiating employment or service as a crew GMFMC, except for certain provisions referenda of multispecies permit holders member and income during the that only apply to a fishery management in the Gulf of Mexico must include qualifying periods. Documents that may

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be required include, but are not limited participation or reliance on the fishery referendum criteria for any IFQ program to, signed crew contracts, records of as represented by landings, sales, proposal advanced through a Secretarial payment, settlement sheets, income tax expenditures, or other considerations. A fishery management plan (FMP) or FMP records, a signed statement from the Council may also apply the same amendment under the authority of permit holder, and other documentary criteria for weighting eligible section 304(c) of the Magnuson–Stevens evidence of the period of employment referendum votes. Act for a New England or Gulf of and the vessel upon which the crew (e) Actions by NMFS: Review of Mexico fishery. Such criteria must member worked; Council referendum criteria and provide for a fair and equitable (C) During the qualifying period(s), Secretarial IFQ plans. (1) NMFS shall referendum and NMFS shall conduct the crew member must have derived a determine whether Council the referendum in accordance with percentage of his/her total income from recommended referendum criteria will procedures and guidelines provided in the fishery under the proposed IFQ provide for a fair and equitable paragraph (f) of this section. program that is equal to or greater than referendum and will be consistent with (f) Conducting IFQ referenda. (1) the percentage determined to be national standards and other provisions NMFS shall promulgate specific significant relative to the economic of the Magnuson–Stevens Act, and other referenda procedural requirements, value and employment practices of the applicable legal standards. The voter eligibility requirements, and any fishery; and Secretary’s considerations shall include, vote weighting criteria through (D) Any additional eligibility criteria but shall not be limited to: appropriate rulemaking. promulgated by the NMFS. (i) Whether the criteria are rationally (i) Proposed rule. A proposed rule (iii) When developing criteria for connected to or further the objectives of shall seek public comment on the determining whether other fishery the proposed IFQ program; specific schedule, procedures, and other participants, including crew members, (ii) Whether the criteria are designed requirements for the referendum may participate in a NEFMC IFQ in such a way to prevent any person or process. referendum, the Council or Secretary single entity from obtaining an (A) For NEFMC IFQ program must consider, but is not limited to excessive share of voting privileges; referenda, the proposed rule shall considering: (iii) Whether the criteria are establish procedures for documenting or (A) The full range of entities likely to reasonable relative to the availability of certifying that other fishery participants, be eligible to receive initial quota under documentary evidence and the including crew members, meet the the proposed IFQ program; possibility of validating a participant’s proposed voter eligibility criteria. (B) A crew member’s current and eligibility; and (B) For GMFMC IFQ program historical participation in the fishery (iv) Whether the referendum can be referenda for multispecies permit aboard a referendum–eligible vessel; administered and executed in a fair and holders, the proposed rule shall include (C) The economic value of the equitable manner, in a reasonable time, criteria to be used in identifying those proposed IFQ fishery, employment and without subjecting industry permit holders who have substantially practices in the proposed IFQ fishery, members, the Council, or NMFS to fished the species that are the subject of and other economic and social factors administrative burdens, costs or other the proposed IFQ program. that would bear on a determination of requirements that would be considered (ii) Final rule. (A) If NMFS decides to what percentage of a crew member’s onerous. proceed with the referendum after total income from the fishery should be (2) If NMFS determines that reviewing public comments, NMFS considered significant for the purposes referendum criteria would not provide shall publish implementing regulations of this section; for a fair and equitable referendum; through a final rule in the Federal (D) The availability of documentary would not be consistent with national Register as soon as practicable after the proof of employment and income to standards and other provisions of the Council determines the IFQ program validate eligibility; and Magnuson–Stevens Act, and other proposal and supporting analyses are (E) Any other factors as may be applicable legal standards; or, in the complete and ready for Secretarial determined by the Council to be case of a referendum request subsequent review. Otherwise, NMFS shall publish relevant to the fishery and the proposed to a failed referendum in the same a notice in the Federal Register to IFQ program. fishery, that the Council has not inform the Council and the public of its (3) GMFMC’s substantially fished substantively amended the IFQ proposal decision not to conduct the referendum, criterion. When developing criteria for or circumstances have not changed as proposed, including reasons for the identifying those multispecies permit sufficiently to warrant initiation of a Agency’s decision. holders who have substantially fished new referendum, NMFS shall inform the (B) Upon implementation of the the species to be included in the IFQ Council of the Agency’s decision to referendum through a final rule, NMFS program proposal, the Council or deny the referendum request and of the shall provide eligible voters referenda Secretary must consider, but is not reasons for the decision. ballots and shall make available limited to considering: (3) If NMFS determines that information about the schedule, (i) Current and historical harvest and referendum criteria would provide for a procedures, and eligibility requirements participation in the fishery; fair and equitable referendum and for the referendum process and the (ii) The economic value of and would be consistent with national proposed IFQ program. employment practices in the fishery; standards and other provisions of the (2) NMFS shall notify the public in and Magnuson–Stevens Act, and other the region of the subject fishery of the (iii) Any other factors determined by applicable legal standards; then NMFS referendum eligibility criteria. the Council with jurisdiction over the shall conduct the referendum in (3) Individuals who wish to vote as fishery for which an IFQ program is accordance with procedures and other fishery participants in a NEFMC proposed to be relevant to the fishery guidelines provided in paragraph (f) of IFQ referendum, based on criteria and the proposed IFQ program. this section. established by the NEFMC under (c)(2), (d) Council–recommended criteria (4) In accordance with paragraphs must contact NMFS and produce all under paragraph (c) of this section may (c)(2) and (3) of this section, NMFS may required documentation and include, but are not limited to, levels of initiate a referendum and promulgate certifications to receive a ballot. NMFS

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shall provide sufficient time in the proposal and request a new referendum • Fax: 206–526–6736, Attn: Peggy referendum process to allow for crew pursuant to paragraph (b) of this section. Busby members to request, receive, and submit [FR Doc. E8–29650 Filed 12–12–08; 8:45 am] • Mail: 7600 Sand Point Way NE, referendum ballots. BILLING CODE 3510–22–S Building 1, Seattle, WA, 98115 (g) Referenda ballots. (1) Ballots shall Instructions: All comments received be composed such that voters will are a part of the public record and will indicate approval or disapproval of the DEPARTMENT OF COMMERCE generally be posted to http:// preferred IFQ program proposal. www.regulations.gov without change. (2) NMFS may require voters to self– National Oceanic and Atmospheric All Personal Identifying Information (for certify on referenda ballots that they Administration example, name, address, etc.) meet voter eligibility criteria. To be voluntarily submitted by the commenter considered valid, ballots must be signed 50 CFR Part 660 may be publicly accessible. Do not by the eligible voter. submit Confidential Business (3) Referenda ballots shall be [Docket No. 070430095–7095–01] Information or otherwise sensitive or numbered serially or otherwise protected information. designed to guard against submission of RIN 0648–XK59 NMFS will accept anonymous duplicate ballots. Fisheries Off West Coast States; comments (enter N/A in the required (4) If votes are weighted, the value of Modifications of the West Coast fields, if you wish to remain weighted votes shall be indicated on the Commercial and Recreational Salmon anonymous). You may submit ballot. The weighted vote must be cast Fisheries; Inseason Actions #7, #8, #9, attachments to electronic comments in as a single unit. Its value may not be #10, #11, and #12 Microsoft Word, Excel, WordPerfect, or split. The full value must be applied to Adobe PDF file formats only. the selection made on the ballot. AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT: (5) NMFS shall allow at least 30 days Service (NMFS), National Oceanic and Peggy Busby, by phone at 206–526– for eligible voters to receive and return Atmospheric Administration (NOAA), 4323. their ballots and shall specify a deadline Commerce. by which ballots must be received. SUPPLEMENTARY INFORMATION: In the ACTION: Modification of fishing seasons, Ballots received after the deadline shall 2008 annual management measures for gear restrictions, and landing and not be considered valid. ocean salmon fisheries (73 FR 23971, possession limits; request for comments. (h) Determining the outcome of an May 1, 2008), NMFS announced the commercial and recreational fisheries in IFQ referendum. (1) NMFS shall tally SUMMARY: NOAA Fisheries announces the area from the U.S./Canada Border to and announce the results of the six inseason actions in the ocean salmon the U.S./Mexico Border. referendum within 90 days of the fisheries. Inseason actions #7, #8, and The Regional Administrator (RA) deadline by which completed ballots #11 modified the commercial fishery in consulted with representatives of the must be received. NMFS may declare a the area from U.S./Canada Border to Pacific Fishery Management Council, referendum invalid if the Agency can Cape Falcon, Oregon. Inseason action #9 Washington Department of Fish and demonstrate the referendum was not modified the recreational fishery in the Wildlife and Oregon Department of Fish conducted in accordance with the area from Cape Falcon, Oregon to the and Wildlife on July 30, August 12, procedures established in the final rule Oregon/California Border. Inseason August 13, August 15, and August 25, implementing the referendum. action #10 modified the recreational 2008. The information considered (2) A NEFMC IFQ program fishery in the area from Leadbetter related to catch to date and Chinook and referendum shall be considered Point, Washington to Cape Falcon, coho catch rates compared to quotas and approved only if more than 2/3 of the Oregon. Inseason Action #12 modified other management measures established votes submitted on valid ballots are in the recreational fishery in the area from preseason. favor of the referendum question. the U.S./Canada Border to Leadbetter Inseason action #7 increased the (3) A GMFMC IFQ program Point, Washington. referendum shall be considered commercial landing and possession DATES # approved only if a majority of the votes : Inseason action 7 was effective limit for Chinook, in the area from the # submitted on valid ballots are in favor on August 2, 2008. Inseason actions 8 U.S./Canada Border to Cape Falcon, # of the referendum question. and 11 were effective on August 16, Oregon, from 35 to 50 Chinook per (i) Council actions. (1) If NMFS 2008. Inseason action #9 was effective vessel for each open period. This action notifies a Council that an IFQ program on August 14, 2008. Inseason action #10 was taken to provide greater access to proposal has been approved through a was effective August 17, 2008. Inseason Chinook salmon that were available for referendum, then the Council may action #12 was effective August 26, harvest within the guideline established submit the associated FMP or FMP 2008. These actions remained in effect preseason. On July 30, 2008, the states amendment for Secretarial review and until the closing date or attainment of recommended this action and the RA implementation. the subarea quotas, whichever was first, concurred; inseason action #7 took (2) Any changes that would modify an as announced in the 2008 annual effect on August 2, 2008. Modification IFQ program proposal that was management measures or through in quota and/or fishing seasons is reviewed by referenda voters may additional inseason action. Comments authorized by regulations at 50 CFR invalidate the results of the referendum will be accepted through December 30, 660.409 (b)(1)(i) . and require the modified program 2008. Inseason action #8 modified gear proposal to be approved through a new ADDRESSES: You may submit comments, specific restrictions in the commercial referendum before it can be submitted to identified by RIN 0648-XK59, by any fishery in the area from the U.S./Canada the Secretary for review and one of the following methods: Border to Cape Falcon, Oregon, by implementation. • Electronic Submissions: Submit all lifting the six-inch gear restriction; (3) If NMFS notifies a Council that an electronic public comments via the thereby providing greater access to IFQ referendum has failed, then the Federal eRulemaking Portal http:// harvestable Chinook salmon. On August Council may modify its IFQ program www.regulations.gov 13, 2008, the states recommended this

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action and the RA concurred; inseason effect August 16, 2008, Modification in other fisheries that may be operating in action #8 took effect 1159 hours local quota and/or fishing seasons is other areas. time, August 14 2008. Establishment or authorized by regulations at 50 CFR Classification modification of gear restrictions is 660.409 (b)(1)(i) . authorized by regulations at 50 CFR Inseason action #12 closed the The Assistant Administrator for 660.409 (b)(1)(iv) . recreational fishery in the area from the Fisheries, NOAA (AA), finds that good Inseason action #9 closed the U.S./Canada Border to Cape Alava, cause exists for this notification to be recreational fishery in the area from Washington and west of the Bonilla- issued without affording prior notice Cape Falcon, Oregon to the Oregon/ Tatoosh Line (Neah Bay Subarea) and opportunity for public comment California Border because the quota in because the quota for coho was under 5 U.S.C. 553(b)(B) because such the area was projected to be met and in projected to be met and in order to notification would be impracticable. As order to operate the fishery within the operate the fishery within the 2008 previously noted, actual notice of the 2008 regulations. On August 12, 2008, regulations. Inseason action #12 also regulatory actions was provided to the states recommended this action and increased the days open per week from fishers through telephone hotline and the RA concurred; inseason action #9 five to seven days per week in the radio notification. These actions comply took effect 1159 hours local time, recreational fishery from Cape Alava to with the requirements of the annual August 14, 2008. Automatic season Queets River and Queets River to management measures for ocean salmon closure based on quota is authorized by Leadbetter Point, Washington (La Push fisheries (73 FR 23971, May 1, 2008), regulations at 50 CFR 660.409 (a)(1) . and Westport Subareas) to provide the West Coast Salmon Plan, and Inseason action #10 included a greater access to harvestable fish. On regulations implementing the West transfer of 1000 coho from the August 25, 2008, the states Coast Salmon Plan 50 CFR 660.409 and commercial fishery in the area from the recommended this action and the RA 660.411. Prior notice and opportunity U.S./Canada Border to Cape Falcon, concurred; inseason action for public comment was impracticable Oregon to the recreational fishery from ιnumsign;numsign;12 took effect 0001 because NMFS and the state agencies Leadbetter Point, Washington to Cape hours local time, August 26, 2008. had insufficient time to provide for Falcon, Oregon; this action was taken to Automatic season closure based on prior notice and the opportunity for access harvestable coho and allowed the quota is authorized by regulations at 50 public comment between the time the recreational fishery in the area to extend CFR 660.409 (a)(1) . Modification in fishery catch and effort data were to Sunday, August 17, 2008. On August quota and/or fishing seasons is collected to determine the extent of the 15, 2008, the states recommended this authorized by regulations at 50 CFR fisheries, and the time the fishery action and the RA concurred. Inseason 660.409 (b)(1)(i) . modifications had to be implemented in action #10 also closed the recreational All other restrictions and regulations order to allow fishers access to the fishery in the area from Leadbetter remain in effect as announced for the available fish at the time the fish were Point, Washington to Cape Falcon, 2008 Ocean Salmon Fisheries and available. The AA also finds good cause Oregon effective 1400 hours local time, previous inseason actions. to waive the 30–day delay in Sunday, August 17, 2008, because the The RA determined that the best effectiveness required under U.S.C. quota in the area was projected to be available information indicated that the 553(d)(3), as a delay in effectiveness of met and in order to operate the fishery catch and effort data, and projections, these actions would allow fishing at within the 2008 regulations. supported the above inseason actions levels inconsistent with the goals of the Modification in quota and/or fishing recommended by the states. The states Salmon Fishery Management Plan and seasons is authorized by regulations at manage the fisheries in state waters the current management measures. 50 CFR 660.409 (b)(1)(i) . adjacent to the areas of the U.S. These actions are authorized by 50 Inseason action #11 included a exclusive economic zone in accordance CFR 660.409 and 660.411 and are transfer of 500 Chinook from the with these Federal actions. As provided exempt from review under Executive recreational fishery in the area from the by the inseason notice procedures of 50 Order 12866. U.S./Canada Border to Cape Falcon, CFR 660.411, actual notice of the Authority: 16 U.S.C. 1801 et seq. Oregon to the commercial fishery in the described regulatory actions was given, same area to provide greater opportunity prior to the date the action was Dated: December 9, 2008. for the commercial fishery to access effective, by telephone hotline number Emily H. Menashes, Chinook salmon that were available for 206–526–6667 and 800–662–9825, and Acting Director, Office of Sustainable harvest. On August 15, 2008, the states by U.S. Coast Guard Notice to Mariners Fisheries, National Marine Fisheries Service. recommended this action and the RA broadcasts on Channel 16 VHF-FM and [FR Doc. E8–29680 Filed 12–12–08; 8:45 am] concurred; inseason action #11 took 2182 kHz. These actions do not apply to BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 73, No. 241

Monday, December 15, 2008

This section of the FEDERAL REGISTER • Mail: U.S. Department of along with an inoperative liquid level contains notices to the public of the proposed Transportation, Docket Operations, M– sensor, was found on another airplane issuance of rules and regulations. The 30, West Building Ground Floor, Room that landed with all landing gear up. purpose of these notices is to give interested W12–140, 1200 New Jersey Avenue, SE., There have been a total of 6 reports of persons an opportunity to participate in the Washington, DC 20590. leaking actuators and 13 reports of rule making prior to the adoption of the final • Hand Delivery: U.S. Department of rules. cracked actuators. Transportation, Docket Operations, M– This condition, if not corrected, could 30, West Building Ground Floor, Room result in leaking and cracks in the MLG DEPARTMENT OF TRANSPORTATION W12–140, 1200 New Jersey Avenue, SE., actuators, which may cause loss of Washington, DC 20590, between 9 a.m. hydraulic fluid. Loss of hydraulic fluid Federal Aviation Administration and 5 p.m., Monday through Friday, could lead to an inability to extend or except Federal holidays. lock down the landing gear, which 14 CFR Part 39 For service information identified in could result in a gear up landing or a this proposed AD, contact Hawker gear collapse on landing. [Docket No. FAA–2008–1312; Directorate Beechcraft Corporation, P.O. Box 85, Identifier 2008–CE–065–AD] Wichita, Kansas 67201–0085; telephone: Relevant Service Information RIN 2120–AA64 (800) 429–5372 or (316) 676–3140; We have reviewed Hawker Beechcraft Internet: http:// Mandatory Service Bulletin SB 32–3870, Airworthiness Directives; Hawker pubs.hawkerbeechcraft.com. Beechcraft Corporation Models 1900, dated April 2008. 1900C, and 1900D Airplanes FOR FURTHER INFORMATION CONTACT: Don The service information describes Ristow, Aerospace Engineer, 1801 procedures for doing the following: AGENCY: Federal Aviation Airport Road, Room 100, Wichita, • One-time visual inspection and Administration (FAA), Department of Kansas 67209; telephone: (316) 946– repetitive ultrasonic inspections of the Transportation (DOT). 4120; fax: (316) 946–4107. MLG actuators; ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: • Replacement of the actuator if (NPRM). Comments Invited leaking and/or cracks are found; and • SUMMARY: We propose to adopt a new We invite you to send any written Reporting the size and location of airworthiness directive (AD) for certain relevant data, views, or arguments cracks to HBC if any are found during Hawker Beechcraft Corporation (HBC) regarding this proposed AD. Send your the inspections. Models 1900, 1900C, and 1900D comments to an address listed under the FAA’s Determination and Requirements airplanes. This proposed AD would ADDRESSES section. Include the docket of the Proposed AD require a one-time visual inspection and number, ‘‘FAA–2008–1312; Directorate repetitive ultrasonic inspections of the Identifier 2008–CE–065–AD’’ at the We are proposing this AD because we left and right main landing gear (MLG) beginning of your comments. We evaluated all information and actuators for leaking and/or cracks with specifically invite comments on the determined the unsafe condition replacement of the actuator if leaking overall regulatory, economic, described previously is likely to exist or and/or cracks are found. This proposed environmental, and energy aspects of develop on other products of the same AD results from reports of leaking and the proposed AD. We will consider all type design. This proposed AD would cracked actuators. We are proposing this comments received by the closing date require a one-time visual inspection of AD to detect and correct leaking and and may amend the proposed AD in the left and right main landing gear cracks in the MLG actuators, which light of those comments. (MLG) actuators and repetitive could result in loss of hydraulic fluid. We will post all comments we ultrasonic inspections of the left and This condition could lead to an inability receive, without change, to http:// right MLG actuators for leaking and/or to extend or lock down the landing gear, www.regulations.gov, including any cracks with replacement of the actuator which could result in a gear up landing personal information you provide. We if leaking and/or cracks are found. or a gear collapse on landing. will also post a report summarizing each Costs of Compliance DATES: We must receive comments on substantive verbal contact we receive this proposed AD by February 13, 2009. concerning this proposed AD. We estimate that this proposed AD ADDRESSES: Use one of the following would affect 300 airplanes in the U.S. Discussion addresses to comment on this proposed registry. AD: We have received information that The ultrasonic inspection includes • Federal eRulemaking Portal: Go to two HBC 1900 series airplanes’ MLG the time allowed for removing and http://www.regulations.gov. Follow the actuators have been found with fatigue reinstalling the actuator. We estimate instructions for submitting comments. cracks in the end cap, which resulted in the following costs to do the proposed • Fax: (202) 493–2251. hydraulic fluid leakage. This condition, inspections:

Total cost per Total cost on Labor cost Parts cost airplane U.S. operators

Visual Inspection: .5 work-hour × $80 per hour = $40 ...... Not applicable ...... $40 $12,000

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Total cost per Total cost on Labor cost Parts cost airplane U.S. operators

Ultrasonic Inspection: 6 work hours × $80 per hour = $480 (If the me- Not applicable ...... 480 144,000 chanic does not remove the actuator for the ultrasonic inspection, the labor cost will be less.).

We estimate the following costs to do be required based on the results of the of determining the number of airplanes any necessary replacements that would proposed inspections. We have no way that may need this replacement:

Total cost per Labor cost Parts cost airplane

6 work hours × $80 per hour = $480 (If the mechanic removes the actuator for the $4,600 per actuator ...... $5,080 ultrasonic inspection, then the labor cost will be less.).

Authority for This Rulemaking 2. Is not a ‘‘significant rule’’ under the Authority: 49 U.S.C. 106(g), 40113, 44701. DOT Regulatory Policies and Procedures § 39.13 [Amended] Title 49 of the United States Code (44 FR 11034, February 26, 1979); and specifies the FAA’s authority to issue 3. Will not have a significant 2. The FAA amends § 39.13 by adding rules on aviation safety. Subtitle I, economic impact, positive or negative, the following new AD: Section 106, describes the authority of on a substantial number of small entities Hawker Beechcraft Corporation: Docket No. the FAA Administrator. Subtitle VII, under the criteria of the Regulatory FAA–2008–1312; Directorate Identifier Aviation Programs, describes in more Flexibility Act. 2008–CE–065–AD. detail the scope of the Agency’s We prepared a regulatory evaluation authority. of the estimated costs to comply with Comments Due Date (a) We must receive comments on this We are issuing this rulemaking under this proposed AD and placed it in the AD docket. airworthiness directive (AD) action by the authority described in Subtitle VII, February 13, 2009. Part A, Subpart III, Section 44701, Examining the AD Docket Affected ADs ‘‘General requirements.’’ Under that You may examine the AD docket that (b) None. section, Congress charges the FAA with contains the proposed AD, the promoting safe flight of civil aircraft in regulatory evaluation, any comments Applicability air commerce by prescribing regulations received, and other information on the (c) This AD applies to the following for practices, methods, and procedures Internet at http://www.regulations.gov; airplane models and serial numbers that are the Administrator finds necessary for or in person at the Docket Management certificated in any category and equipped safety in air commerce. This regulation Facility between 9 a.m. and 5 p.m., with a part number (P/N) 114–380041–11, is within the scope of that authority Monday through Friday, except Federal 114–380041–13, or 114–380041–15 main because it addresses an unsafe condition holidays. The Docket Office (telephone landing gear (MLG) actuator: that is likely to exist or develop on (800) 647–5527) is located at the street Models Serial Nos. products identified in this rulemaking address stated in the ADDRESSES section. action. Comments will be available in the AD (1) 1900 ...... UA–3. Regulatory Findings docket shortly after receipt. (2) 1900C ...... UB–1 through UB–74, UC–1 List of Subjects in 14 CFR Part 39 through UC–174, and UD– We have determined that this 1 through UD–6. proposed AD would not have federalism Air transportation, Aircraft, Aviation (3) 1900D ...... UE–1 through UE–439. implications under Executive Order safety, Incorporation by reference, 13132. This proposed AD would not Safety. Unsafe Condition have a substantial direct effect on the The Proposed Amendment (d) This AD results from reports of leaking States, on the relationship between the and cracked actuators. We are issuing this Accordingly, under the authority AD to detect and correct leaking and cracks national Government and the States, or delegated to me by the Administrator, on the distribution of power and in the MLG actuators, which could result in the FAA proposes to amend 14 CFR part loss of hydraulic fluid. This condition could responsibilities among the various 39 as follows: lead to an inability to extend or lock down levels of government. the landing gear, which could result in a gear For the reasons discussed above, I PART 39—AIRWORTHINESS up landing or a gear collapse on landing. certify that the proposed regulation: DIRECTIVES Compliance 1. Is not a ‘‘significant regulatory 1. The authority citation for part 39 (e) To address this problem, you must do action’’ under Executive Order 12866; continues to read as follows: the following, unless already done:

Actions Compliance Procedures

(1) Do a one-time visual inspection of the MLG Within the next 50 hours time-in-service after Follow Hawker Beechcraft Mandatory Service actuator for cracks. the effective date of this AD or within the Bulletin SB 32–3870, dated April 2008. next 30 days after the effective date of this AD, whichever occurs later.

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Actions Compliance Procedures

(2) Do an ultrasonic inspection of the MLG ac- Initially within the next 600 cycles after the ef- Follow Hawker Beechcraft Mandatory Service tuator. fective date of this AD or within the next 3 Bulletin SB 32–3870, dated April 2008. months after the effective date of this AD, whichever occurs first. Repetitively there- after inspect at intervals not to exceed every 1,200 cycles since the last ultrasonic inspection. (3) If cracks are found during any inspection re- Before further flight after the inspection where Follow Hawker Beechcraft Mandatory Service quired in paragraph (e)(1) or (e)(2) of this the cracks are found. Bulletin SB 32–3870, dated April 2008. AD, replace the MLG actuator with one of the following: (i) MLG actuator P/N 114–380041–15 (or FAA-approved equivalent P/N) that is new or has been inspected following paragraphs (e)(1) and (e)(2) of this AD and has been found to not have cracks; or (ii) MLG actuator P/N 114–380041–17 (or FAA-approved equivalent P/N). Installa- tion of MLG actuator P/N 114–380041– 17 (or FAA-approved equivalent P/N) ter- minates the inspection requirements of paragraphs (e)(1) and (e)(2) of this AD. (4) Do not install any MLG actuator P/N 114– As of 3 months after the effective date of this Not applicable. 380041–11 or 114–380041–13. AD.

Note: The compliance times of cycles in Related Information Register, the IRS is issuing temporary this AD may be calculated as hours time-in- (h) To get copies of the service information regulations giving guidance regarding service (TIS) by multiplying the number of referenced in this AD, contact Hawker the distribution of stock of a controlled hours TIS on the MLG actuator by 4 to come Beechcraft Corporation, P.O. Box 85, Wichita, corporation acquired in a transaction up with the number of cycles. For the Kansas 67201–0085; telephone: (800) 429– described in section 355(a)(3)(B) of the purposes of this AD: 5372 or (316) 676–3140; Internet: http:// 1. 600 cycles equals 150 hours TIS; and pubs.hawkerbeechcraft.com. To view the AD Internal Revenue Code. This action is 2. 1,200 cycles equals 300 hours TIS. docket, go to U.S. Department of necessary in light of amendments to (f) If cracks are found during any Transportation, Docket Operations, M–30, section 355(b). The text of those inspection required in paragraphs (e)(1) or West Building Ground Floor, Room W12– regulations also serves as the text of (e)(2) of this AD, report the size and location 140, 1200 New Jersey Avenue, SE., these proposed regulations. These of the cracks to the type-certificate (TC) Washington, DC 20590, or on the Internet at regulations will affect corporations and holder and send a copy of the report to the http://www.regulations.gov. their shareholders. FAA. Issued in Kansas City, Missouri, on (i) For the TC holder: Send report to December 8, 2008. DATES: Written or electronic comments Hawker Beechcraft Corporation, P.O. Box 85, Kim Smith, and requests for a public hearing must Wichita, Kansas 67201–0085. be received by March 16, 2009. (ii) For the FAA: Send report to Don Manager, Small Airplane Directorate, Aircraft Ristow, Aerospace Engineer, Wichita ACO, Certification Service. ADDRESSES: Send submissions to 1801 Airport Road, Room 100, Wichita, [FR Doc. E8–29591 Filed 12–12–08; 8:45 am] CC:PA:LPD:PR (REG–150670–07), room Kansas 67209; e-mail: [email protected]. BILLING CODE 4910–13–P 5203, Internal Revenue Service, PO Box (iii) The Office of Management and Budget 7604, Ben Franklin Station, Washington, (OMB) approved the information collection DC 20044. Submissions may be hand- requirements contained in this regulation DEPARTMENT OF THE TREASURY under the provisions of the Paperwork delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. Reduction Act of 1980 (44 U.S.C. 3501 et Internal Revenue Service seq.) and assigned OMB Control Number to CC:PA:LPD:PR (REG–150670–07), Courier’s Desk, Internal Revenue 2120–0056. 26 CFR Part 1 Service, 1111 Constitution Avenue, Alternative Methods of Compliance [REG–150670–07] (AMOCs) NW., Washington, DC 20224, or sent electronically via the Federal (g) The Manager, Wichita Aircraft RIN 1545–BH49 Certification Office (ACO), FAA, has the eRulemaking Portal at authority to approve AMOCs for this AD, if Guidance Regarding the Treatment of www.regulations.gov (IRS REG–150670– requested using the procedures found in 14 Stock of a Controlled Corporation 07). CFR 39.19. Send information to ATTN: Don Under Section 355(a)(3)(B) FOR FURTHER INFORMATION CONTACT: Ristow, Aerospace Engineer, Wichita ACO, AGENCY: 1801 Airport Road, Room 100, Wichita, Internal Revenue Service (IRS), Concerning the proposed regulations, Kansas 67209; telephone: (316) 946–4120; Treasury. Russell P. Subin, (202) 622–7790; fax: (316) 946–4107. Before using any ACTION: Notice of proposed rulemaking concerning submission of comments approved AMOC on any airplane to which by cross-reference to temporary and/or requests for a public hearing, the AMOC applies, notify your appropriate regulations. Oluwafunmilayo (Funmi) Taylor, (202) principal inspector (PI) in the FAA Flight 622–7180 (not toll-free numbers). Standards District Office (FSDO), or lacking SUMMARY: In the Rules and Regulations a PI, your local FSDO. section of this issue of the Federal SUPPLEMENTARY INFORMATION:

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Background and Explanation of transaction should be the same under § 1.355–2 Limitations. Provisions section 355(a)(3)(B) and section 355(b), * * * * * Temporary regulations in the Rules and whether the exception for (g) [The text of the proposed and Regulations section of this issue of acquisitions from affiliates should be amendments to § 1.355–2(g) is the same the Federal Register amend the Income the same under those sections. as the text of § 1.355–2T(g) published Tax Regulations (26 CFR part 1) under Comments are also requested regarding elsewhere in this issue of the Federal section 355(a)(3)(B) regarding the the need for future guidance described Register]. distribution of stock of a controlled in sections 4.A. and 4.B. of such * * * * * corporation acquired in a transaction preamble, relating to predecessors of (i) [The text of the proposed described in section 355(a)(3)(B). The distributing corporations, acquisitions amendments to § 1.355–2(i) is the same temporary regulations revise § 1.355– involving corporations that join the as the text of § 1.355–2T(i) published 2(g) to reflect issues arising under distributing corporation’s separate elsewhere in this issue of the Federal section 355(b)(3), as enacted by the Tax affiliated group, predecessors of Register]. controlled corporations, acquisitions Increase Prevention and Reconciliation Steve T. Miller, Act of 2005, Public Law 109–222 (120 involving corporations that join the controlled corporation’s separate (Acting) Deputy Commissioner for Services Stat. 345), and modified by the Tax and Enforcement. Technical Corrections Act of 2007, affiliated group, the application of Dunn Trust v. Commissioner, 86 T.C. 745 [FR Doc. E8–29545 Filed 12–12–08; 8:45 am] Public Law 110–172 (121 Stat. 2473, BILLING CODE 4830–01–P 2476). The text of those regulations also (1986), and the treatment of stock serves as the text of these proposed issuances by the controlled corporation regulations. The preamble to the to the distributing corporation. Comments are also requested regarding DEPARTMENT OF HOMELAND temporary regulations explains the SECURITY amendments. the potential application of the hot stock rule to redemptions of controlled Coast Guard Special Analyses corporation stock described in section It has been determined that this notice 4.C. of such preamble. With respect to 33 CFR Part 165 of proposed rulemaking is not a redemptions, comments are specifically significant regulatory action as defined requested regarding the circumstances [Docket No. USCG–2008–0867] in Executive Order 12866. Therefore, a under which section 355(a)(3)(B) should RIN 1625–AA00 regulatory assessment is not required. It apply. is hereby certified that these regulations All comments will be available for Safety Zone; Desert Storm Exhibition will not have a significant economic public inspection and copying. A public Run; Lake Havasu, Lake Havasu City, impact on a substantial number of small hearing will be scheduled if requested AZ in writing by any person that timely entities. This certification is based on AGENCY: Coast Guard, DHS. the fact that section 355(a)(3)(B) submits written comments. If a public ACTION: Notice of proposed rulemaking. generally applies to parent-subsidiary hearing is scheduled, notice of the date, time, and place for the public hearing groups of corporations, which tend to be SUMMARY: The Coast Guard proposes larger businesses, and that these will be published in the Federal establishing a temporary safety zone regulations primarily grant relief from Register. within the Thompson Bay region of the the application of section 355(a)(3)(B) in Drafting Information navigable waters of the Colorado River certain situations. Therefore, a The principal author of these in Lake Havasu, Lake Havasu City, Regulatory Flexibility Analysis under regulations is Russell P. Subin of the Arizona in support of the Desert Storm the Regulatory Flexibility Act (5 U.S.C. Office of Associate Chief Counsel Exhibition Run. This temporary safety chapter 6) is not required. Pursuant to (Corporate). However, other personnel zone is would provide for the safety of section 7805(f) of the Internal Revenue the participants, crew, spectators, from the IRS and Treasury Department Code, these regulations have been participating vessels and other vessels participated in their development. submitted to the Chief Counsel for and users of the waterway. Persons and Advocacy of the Small Business List of Subjects in 26 CFR Part 1 vessels will be prohibited from entering Administration for comment on their Income taxes, Reporting and into, transiting through, or anchoring impact on small business. recordkeeping requirements. within this safety zone unless authorized by the Captain of the Port, or Comments and Requests for a Public Proposed Amendments to the his designated representative. Hearing Regulations DATES: Comments and related material Before these proposed regulations are Accordingly, 26 CFR part 1 is must reach the Coast Guard on or before adopted as final regulations, proposed to be amended as follows: January 14, 2009. consideration will be given to any ADDRESSES: You may submit comments written (a signed original and eight (8) PART 1—INCOME TAXES identified by docket number USCG– copies) or electronic comments that are 2008–0867 using any one of the submitted timely to the IRS. The IRS Paragraph 1. The authority citation for part 1 is amended by adding an entry following methods: and Treasury Department request (1) Federal eRulemaking Portal: comments on the clarity of the proposed in numerical order to read in part as follows: http://www.regulations.gov. rules and how they can be made easier (2) Fax: 202–493–2251. to understand. As described in the Authority: 26 U.S.C. 7805 * * *. (3) Mail: Docket Management Facility preamble to the temporary regulations, Section 1.355–2(g) also issued under 26 (M–30), U.S. Department of comments are also requested regarding U.S.C. 355(b)(3)(D). * * *. Transportation, West Building Ground the overall approach taken in these Par. 2. Section 1.355–2 is amended by Floor, Room W12–140, 1200 New Jersey proposed rules, including the extent to revising paragraph (g) and adding Avenue, SE., Washington, DC 20590– which the definition of a taxable paragraph (i) to read as follows: 0001.

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(4) Hand delivery: Same as mail will consider all comments and material Discussion of Proposed Rule address above, between 9 a.m. and 5 received during the comment period The Coast Guard proposes to establish p.m., Monday through Friday, except and may change the rule based on your a safety zone that will be enforced from Federal holidays. The telephone number comments. 8 a.m. to 5:30 p.m. on April 24, 2009 is 202–366–9329. Viewing Comments and Documents thru April 26, 2009. This safety zone is (5) Fax: 202–493–2251. necessary to provide for the safety of the To avoid duplication, please use only To view comments, as well as crews, spectators, and participants of one of these methods. For instructions documents mentioned in this preamble the regatta and to protect other vessels on submitting comments, see the as being available in the docket, go to and users of the waterway. Persons and ‘‘Public Participation and Request for http://www.regulations.gov, select the vessels will be prohibited from entering Comments’’ portion of the Advanced Docket Search option on the into, transiting through, or anchoring SUPPLEMENTARY INFORMATION section right side of the screen, insert USCG– within this safety zone unless below. 2008–0867 in the Docket ID box, press authorized by the Captain of the Port, or FOR FURTHER INFORMATION CONTACT: If Enter, and then click on the item in the his designated representative. The limits you have questions on this proposed Docket ID column. You may also visit of this temporary safety zone are rule, call Petty Officer Shane Jackson, either the Docket Management Facility enclosed by the following coordinates USCG, Waterways Management, U.S. 34°27.81N, 114°20.90W; 34°26.24N, in Room W12–140 on the ground floor ° ° ° Coast Guard Sector San Diego at (619) of the Department of Transportation 114 19.28W; 34 26.49N, 114 18.99W. 278–7262. If you have questions on West Building, 1200 New Jersey The Coast Guard may be assisted by the other federal, state, or local agencies, viewing or submitting material to the Avenue, SE., Washington, DC 20590, including the Coast Guard Auxiliary. docket, call Renee V. Wright, Program between 9 a.m. and 5 p.m., Monday Vessel or persons violating this section Manager, Docket Operations, telephone through Friday, except Federal holidays; 202–366–9826. will be subject to both criminal and civil or the Coast Guard Sector San Diego, penalties. SUPPLEMENTARY INFORMATION: 2710 N. Harbor Drive, San Diego, CA Public Participation and Request for 92101–1028 between 8 a.m. and 3 p.m., Regulatory Analyses Comments Monday through Friday, except Federal We developed this proposed rule after holidays. We have an agreement with considering numerous statutes and We encourage you to participate in the Department of Transportation to use executive orders related to rulemaking. this rulemaking by submitting the Docket Management Facility. Below we summarize our analyses comments and related materials. All based on 13 of these statutes or comments received will be posted, Privacy Act executive orders. without change, to http:// www.regulations.gov and will include Anyone can search the electronic Regulatory Planning and Review form of all comments received into any any personal information you have This proposed rule is not a significant of our dockets by the name of the provided. regulatory action under section 3(f) of individual submitting the comment (or Submitting comments Executive Order 12866, Regulatory signing the comment, if submitted on Planning and Review, and does not If you submit a comment, please behalf of an association, business, labor require an assessment of potential costs include the docket number for this union, etc.). You may review a Privacy and benefits under section 6(a)(3) of that rulemaking (USCG–2008–0867), Act, system of records notice regarding Order. The Office of Management and indicate the specific section of this our public dockets in the January 17, Budget has not reviewed it under that document to which each comment 2008 issue of the Federal Register (73 Order. applies, and give the reason for each FR 3316). This determination is based on the comment. You may submit your Public Meeting size and location of the safety zone comments and material online, or by within the water. Commercial vessels fax, mail or hand delivery, but please We do not now plan to hold a public will not be hindered by the safety zone, use only one of these means. We meeting. But you may submit a request as they will be able to transit safely recommend that you include your name for one to the Docket Management around the zone. Recreational vessels and a mailing address, an e-mail Facility at the address under ADDRESSES will not be allowed to transit through address, or a phone number in the body explaining why one would be the designated safety zone during the of your document so that we can contact beneficial. If we determine that one specified times. you if we have questions regarding your would aid this rulemaking, we will hold submission. Small Entities one at a time and place announced by To submit your comment online, go to Under the Regulatory Flexibility Act a later notice in the Federal Register. http://www.regulations.gov, select the (5 U.S.C. 601–612), we have considered Advanced Docket Search option on the Background and Purpose whether this proposed rule would have right side of the screen, insert ‘‘USCG– a significant economic impact on a 2008–0867’’ in the Docket ID box, press Lake Racer LLC is sponsoring the substantial number of small entities. Enter, and then click on the balloon Desert Storm Exhibition Run. The event The term ‘‘small entities’’ comprises shape in the Actions column. If you is an Exhibition Run consisting of up to small businesses, not-for-profit submit your comments by mail or hand 250 powerboats ranging from 21 to 55 organizations that are independently delivery, submit them in an unbound feet in length. The sponsor will provide owned and operated and are not format, no larger than 81⁄2 by 11 inches, 2 water rescue boats and 20 perimeter dominant in their fields, and suitable for copying and electronic boats for this event. This safety zone is governmental jurisdictions with filing. If you submit them by mail and necessary to provide for the safety of the populations of less than 50,000. would like to know that they reached participants, crew, spectators, sponsor The Coast Guard certifies under 5 the Facility, please enclose a stamped, vessels, and other users of the U.S.C. 605(b) that this proposed rule self-addressed postcard or envelope. We waterway. would not have a significant economic

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impact on a substantial number of small their discretionary regulatory actions. In require a Statement of Energy Effects entities. This rule would affect the particular, the Act addresses actions under Executive Order 13211. following entities, some of which might that may result in the expenditure by a Technical Standards be small entities: The owners or State, local, or tribal government, in the operators vessels intending to transit a aggregate, or by the private sector of The National Technology Transfer portion of the Colorado River from 8 $100,000,000 or more in any one year. and Advancement Act (NTTAA) (15 a.m. to 5:30 p.m. on April 24, 2009 Though this proposed rule would not U.S.C. 272 note) directs agencies to use through April 26, 2009. result in such an expenditure, we do voluntary consensus standards in their This safety zone would not have a discuss the effects of this rule elsewhere regulatory activities unless the agency significant economic impact on a in this preamble. provides Congress, through the Office of substantial number of small entities for Management and Budget, with an the following reasons: vessel traffic can Taking of Private Property explanation of why using these pass safely around the zone. Before the This proposed rule would not effect a standards would be inconsistent with enforcement period, the Coast Guard taking of private property or otherwise applicable law or otherwise impractical. will submit an inclusion into the Local have taking implications under Voluntary consensus standards are Notice to Mariners (LNM) that will be Executive Order 12630, Governmental technical standards (e.g., specifications available to the users of the river. If you Actions and Interference with of materials, performance, design, or think that your business, organization, Constitutionally Protected Property operation; test methods; sampling or governmental jurisdiction qualifies as Rights. procedures; and related management a small entity and that this rule would systems practices) that are developed or have a significant economic impact on Civil Justice Reform adopted by voluntary consensus it, please submit a comment (see This proposed rule meets applicable standards bodies. ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of This proposed rule does not use qualifies and how and to what degree Executive Order 12988, Civil Justice technical standards. Therefore, we did this rule would economically affect it. Reform, to minimize litigation, not consider the use of voluntary Assistance for Small Entities eliminate ambiguity, and reduce consensus standards. burden. Under section 213(a) of the Small Environment Business Regulatory Enforcement Protection of Children We have analyzed this proposed rule Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule under Department of Homeland we want to assist small entities in under Executive Order 13045, Security Management Directive 5100.1 understanding this proposed rule so that Protection of Children from and Commandant Instruction they can better evaluate its effects on Environmental Health Risks and Safety M16475.lD, which guide the Coast them and participate in the rulemaking. Risks. This rule is not an economically Guard in complying with the National If the rule would affect your small significant rule and would not create an Environmental Policy Act of 1969 business, organization, or governmental environmental risk to health or risk to (NEPA) (42 U.S.C. 4321–4370f), and jurisdiction and you have questions safety that might disproportionately have made a preliminary determination concerning its provisions or options for affect children. under the Instruction that this action is compliance, please contact Petty Officer not likely to have a significant effect on Shane Jackson, USCG, Waterways Indian Tribal Governments the human environment. An Management, U.S. Coast Guard Sector This proposed rule does not have environmental analysis checklist San Diego at (619) 278–7262. The Coast tribal implications under Executive supporting this preliminary Guard will not retaliate against small Order 13175, Consultation and determination is available in the docket entities that question or complain about Coordination with Indian Tribal where indicated under ADDRESSES. We this proposed rule or any policy or Governments, because it would not have seek any comments or information that action of the Coast Guard. a substantial direct effect on one or may lead to the discovery of a Collection of Information more Indian tribes, on the relationship significant environmental impact from this proposed rule. This proposed rule would call for no between the Federal Government and Indian tribes, or on the distribution of We seek any comments or information new collection of information under the that may lead to the discovery of a Paperwork Reduction Act of 1995 (44 power and responsibilities between the Federal Government and Indian tribes. significant environmental impact from U.S.C. 3501–3520). this proposed rule. Energy Effects Federalism List of Subjects in 33 CFR Part 165 A rule has implications for federalism We have analyzed this proposed rule Harbors, Marine safety, Navigation under Executive Order 13132, under Executive Order 13211, Actions (water), Reporting and recordkeeping Federalism, if it has a substantial direct Concerning Regulations That requirements, Security measures, effect on State or local governments and Significantly Affect Energy Supply, Waterways. would either preempt State law or Distribution, or Use. We have impose a substantial direct cost of determined that it is not a ‘‘significant PART 165—REGULATED NAVIGATION compliance on them. We have analyzed energy action’’ under that order because AREAS AND LIMITED ACCESS AREAS this proposed rule under that Order and it is not a ‘‘significant regulatory action’’ have determined that it does not have under Executive Order 12866 and is not 1. The authority citation for part 165 implications for federalism. likely to have a significant adverse effect continues to read as follows: on the supply, distribution, or use of Unfunded Mandates Reform Act Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. energy. The Administrator of the Office Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; The Unfunded Mandates Reform Act of Information and Regulatory Affairs 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant Law 107–295, 116 Stat. 2064; Department of Federal agencies to assess the effects of energy action. Therefore, it does not Homeland Security Delegation No. 0170.1.

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2. Add temporary § 165.T11–121 to Dated: November 21, 2008. the Acid Rain Program, and the rest of read as follows: § 165.T11–121 Safety T.H. Farris, them streamline and clarify Zone; Desert Storm Exhibition Run; Captain, U.S. Coast Guard, Captain of the requirements of the program. Lake Havasu City, Lake Havasu, AZ. Port Sector San Diego. DATES: Written comments must be (a) Location. All waters of Thompson [FR Doc. E8–29579 Filed 12–12–08; 8:45 am] received by January 29, 2009. Any Bay on the Colorado River and land BILLING CODE 4910–15–P request for a public hearing must be adjacent to those waters enclosed by the made by telephone or by e-mail to the following coordinates 34°27.81N, person in the FOR FURTHER INFORMATION 114°20.90W; 34°26.24N, 114°19.28W; ENVIRONMENTAL PROTECTION CONTACT section of this preamble by 34°26.49N, 114°18.99W. AGENCY December 22, 2008. If such a telephone or e-mail request for a public hearing is (b) Enforcement Period. This safety 40 CFR Parts 72, 73, 74, 77, and 78 received by that date, a public hearing zone will be enforced from 8 a.m. to [EPA–HQ–OAR–2008–0774; FRL–8750–7 will be held on December 30, 2008 in 5:45 p.m. on April 25, 2009 and April Washington, DC. For additional RIN 2060–AP35 26, 2009. If the need for the safety zone information on a public hearing and ends before the scheduled termination Rulemaking To Reaffirm the comments, see the ADDRESSES and times, the captain of the port will cease SUPPLEMENTARY INFORMATION sections of enforcement of this safety zone. Promulgation of Revisions of the Acid Rain Program Rules this preamble. (c) Definitions. (1) Designated ADDRESSES: Submit any comments, representative, Any Commissioned, AGENCY: Environmental Protection identified by Docket ID EPA–HQ–OAR– Warrant, or Petty Officer of the Coast Agency (EPA). 2008–0774 (which incorporates by Guard on board Coast Guard, Coast ACTION: Proposed rule. reference the dockets for CAIR and the Guard Auxiliary or local, state, and SUMMARY: EPA is proposing to reaffirm CAIR FIPs, i.e., Docket ID Nos. EPA– federal law enforcement vessels who the promulgation of certain revisions of HQ–OAR–2003–0053 and EPA–HQ– have been authorized to act on the the Acid Rain Program rules in order to OAR–2004–0076), by mail to Air and behalf of the Captain of the Port San prevent disruption of the program, Radiation Docket and Information Diego. which has achieved significant, cost- Center, U.S. Environmental Protection (2) Coast Guard Patrol Commander. A effective reductions in sulfur dioxide Agency, Mailcode: 2822T, 1200 Commissioned, Warrant, or Petty Officer (SO2) emissions from utility sources Pennsylvania Ave., NW., Washington, who will be designated by the Captain since its commencement in 1995. These DC 20460. Any comments may also be of the Port San Diego. rule revisions were finalized in the submitted electronically or through (d) Regulations. (1) In accordance Federal Register notices that also hand delivery/courier by following the with the general regulations in § 165.23 finalized the Clean Air Interstate Rule detailed instructions in the ADDRESSES of this part, entry into, transit through, (CAIR) and the final Federal section of the direct final rule located in or anchoring within this zone by all Implementation Plans for CAIR (CAIR the rules section of this Federal vessels is prohibited unless authorized FIPs). The U.S. Court of Appeals for the Register. District of Columbia Circuit recently by the Captain of the Port, or his FOR FURTHER INFORMATION CONTACT: issued a decision vacating and designated representative. remanding CAIR and the CAIR FIPs. Dwight C. Alpern, Clean Air Markets (2) Mariners requesting permission to EPA and other parties have petitioned Division, U.S. Environmental Protection transit through the safety zone may for rehearing, and the Court has not yet Agency, Clean Air Markets Division, request authorization to do so from the issued a mandate in the case. These Mailcode: 6204J, Ariel Rios Building, Coast Guard Patrol Commander. The revisions to the Acid Rain Program rules 1200 Pennsylvania Ave., NW., Patrol Commander may be contacted via were not addressed by, or involved in Washington, DC 20460, telephone (202) VHF–FM Channel 16. any of the issues raised by, any parties 343–9151, e-mail at in the proceeding or the Court. EPA [email protected]. Electronic (3) All persons and vessels shall copies of this document can be accessed comply with the instructions of the believes it is reasonable to view these revisions as unaffected by the Court’s through the EPA Web site at: http:// Captain of the Port or the designated epa.gov/airmarkets. representative. decision. However, EPA is proposing to reaffirm—pursuant to its authority SUPPLEMENTARY INFORMATION: (4) Upon being hailed by the Coast under Title IV of the Clean Air Act Regulated Entities. Entities regulated Guard Patrol personnel, by siren, radio, (CAA) and CAA section 301—the by this action primarily are fossil fuel- flashing light or other means, the promulgation of these revisions in order fired boilers, turbines, and combined operator of the vessel shall proceed as to remove any uncertainty about their cycle units that serve generators that directed. regulatory status because they have been produce electricity for sale or cogenerate (5) The Coast Guard may be assisted in effect since mid-2006, most of them electricity for sale and steam. Regulated by other federal, state, or local agencies. are crucial to the ongoing operation of categories and entities include:

Examples of potentially Category NAICS code regulated industries

Industry ...... 221112 and others ...... Electric service providers.

This table is not intended to be regulated by this action. This table lists regulated by this action. Other types of exhaustive, but rather to provide a guide the types of entities, of which EPA is entities not listed in this table could for readers regarding entities likely to be now aware, that could potentially be also be regulated. To determine whether

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your facility, company, business, submitting Confidential Business C. Regulatory Flexibility Act organization, etc., is regulated by this Information and tips on preparing your D. Unfunded Mandates Reform Act action, you should carefully examine comments, see the SUPPLEMENTARY E. Executive Order 13132: Federalism the applicability provisions in §§ 72.6, INFORMATION section of the direct final F. Executive Order 13175: Consultation 72.7, and 72.8 of title 40 of the Code of rule located in the rules section of this and Coordination With Indian Tribal Governments Federal Regulations. If you have Federal Register. G. Executive Order 13045: Protection of questions regarding the applicability of Public Hearing. If requested, EPA will Children From Environmental Health this action to a particular entity, consult hold a public hearing on this proposed and Safety Risks the person in the preceding FOR FURTHER rule. EPA will hold a hearing only if the H. Executive Order 13211: Actions That INFORMATION CONTACT section. person in the FOR FURTHER INFORMATION Significantly Affect Energy Supply, Administrative Procedures Used in CONTACT section of this preamble Distribution, or Use This Action. This notice proposes to receives by telephone or e-mail by I. National Technology Transfer reaffirm the promulgation of certain December 22, 2008 a request for a public Advancement Act revisions, of the Acid Rain Program hearing in order to present oral J. Executive Order 12898: Federal Actions rules, that were previously promulgated testimony on this proposed rule. If a To Address Environmental Justice in Minority Populations and Low-Income and have been in effect since mid-2006 public hearing is held on this proposed Populations and to withdraw the interim final rule rule, the hearing will be held on reaffirming the promulgation of these December 30, 2008. Any person who I. Acid Rain Rule Revisions Whose same revisions. EPA is publishing at the plans to attend the public hearing Promulgation Is Reaffirmed same time a direct final rule, reaffirming should visit the EPA’s Web site at The Acid Rain Program rule revisions the promulgation of these revisions of http://epa.gov/airmarkets or contact the whose promulgation EPA proposes to the Acid Rain Program rules and person in the FOR FURTHER INFORMATION reaffirm in this notice are described in withdrawing the interim final rule CONTACT section of this preamble to the preamble of the direct final rule, and reaffirming the promulgation of these learn if a hearing will be held and, if so, in more detail in the preamble of the same revisions, in the ‘‘Rules and what will be the location and time for interim final rule, published in the Regulations’’ section of this Federal the hearing. Because the hearing will be Federal Register simultaneously with Register because the Agency views this held at a U.S. Government facility, this notice. The reasons why the rule as a noncontroversial action and everyone planning to attend should be revisions are appropriate for the Acid anticipates no adverse comment. EPA is prepared to show valid picture Rain Program, why EPA maintains that also publishing at the same time the identification to the security staff in it should remove any uncertainty about interim final rule (referenced above), order to gain access to the meeting the legal status of the rule revisions, and reaffirming the promulgation of these room. therefore why EPA is issuing this revisions, in the ‘‘Rules and The public hearing, if held, will be proposed rule are also set forth in the Regulations’’ section of this Federal limited to comments on this proposed preambles of the direct final rule and Register. The effectiveness of the rule. Each commenter’s oral testimony the interim final rule. As discussed interim final rule is immediate upon the will be limited to 5 minutes. EPA above, EPA also proposes to withdraw date of promulgation in the Federal encourages commenters to provide the interim final rule as of effective date Register and continues for 12 months written versions of their oral testimonies of any final rule issued as a result of this from that date, unless the interim final either electronically (on computer disk proposed rule. rule is withdrawn on an earlier date by or CD–ROM) or in paper copy. The the direct final rule or, if the direct final public hearing schedule, including the II. Statutory and Executive Order rule itself is withdrawn, the final rule, list of speakers, will be posted on EPA’s Reviews addressing these rule revisions. Web site at http://epa.gov/airmarkets. EPA has explained its reasons for this A. Executive Order 12866: Regulatory Verbatim transcripts and written Planning and Review action in the preamble of the direct final statements will be included in the rule and, in more detail, in the preamble rulemaking docket. This action is not a ‘‘significant of the interim final rule. The public hearing, if held, will regulatory action’’ under the terms of If EPA receives no adverse comment provide interested parties the Executive Order 12866 (58 FR 51735 during the comment period, the Agency opportunity to present data, views, or (October 4, 1993)) and is therefore not will not take further action on this arguments concerning this proposed subject to review under the Executive proposed rule. If EPA receives any rule. EPA may ask clarifying questions Order. In this action, EPA is simply adverse comment during the comment during the oral presentations, but will proposing to reaffirm the promulgation period, the Agency will publish a timely not respond to the presentations or of Acid Rain Program rule revisions that withdrawal of the direct final rule in the comments at that time. Any oral were previously issued and are Federal Register informing the public comments and supporting information currently in effect and have been since that the direct final rule is being presented at the public hearing will be mid-2006. withdrawn and will not take effect and given the same weight as any other B. Paperwork Reduction Act that the interim final rule is not being written statements and supporting withdrawn. EPA will address timely information submitted during the This action does not impose any new comments on the direct final rule in any comment period. information collection burden. This rule subsequent final rule based on this Outline. The following outline is simply reaffirms the promulgation of proposed rule. provided to aid in locating information Acid Rain Program rule revisions that EPA does not intend to institute a in this preamble. were previously issued, does not change second comment period on this action. the existing requirements in 40 CFR I. Acid Rain Rule Revisions Whose parts 72, 73, 74, 77, and 78, and thus Any parties interested in commenting Promulgation Is Reaffirmed must do so during the comment period II. Statutory and Executive Order Reviews does not change the existing established in this notice. A. Executive Order 12866: Regulatory information collection burden. Considerations in Preparing Planning and Review Moreover, EPA maintains that the effect Comments for EPA. For information on B. Paperwork Reduction Act of these revisions when they were first

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promulgated was, if anything, to reduce number of small entities if the rule or least burdensome alternative if the somewhat the information collection relieves regulatory burden or otherwise Administrator publishes with the final burden on regulated sources, e.g., by has a positive economic effect on all of rule an explanation why that alternative requiring compliance with the the small entities subject to the rule. was not adopted. Before EPA establishes allowance-holding requirement at a This rule does not change the existing any regulatory requirements that may source, rather than unit, level (thereby Acid Rain Program rules and thus the significantly or uniquely affect small removing the need to transfer economic impact of those rules on small governments, including tribal allowances among units at the same entities. The rule simply proposes to governments, it must have developed source) and by making other changes to reaffirm the promulgation of existing under section 203 of the UMRA a small the rules in place when the rule Acid Rain Program rule revisions that government agency plan. The plan must revisions were originally promulgated have been in effect since mid-2006. provide for notifying potentially (such as removing the requirement for Moreover, the effect of these revisions affected small governments, enabling submission of an annual compliance when they were first promulgated was, officials of affected small governments certification report). However, the Office if anything, to reduce somewhat the to have meaningful and timely input in of Management and Budget (OMB) has economic impact of the then-existing the development of EPA regulatory previously approved the information rules on all regulated sources and thus proposals with significant Federal collection requirements in the existing on small entities that might be, or own, intergovernmental mandates, and rules under the provisions of the regulated sources. For example, by informing, educating, and advising Paperwork Reduction Act, 44 U.S.C. requiring compliance on a source, rather small governments on compliance with 3501, et seq., and has assigned OMB than a unit, basis, the revisions reduced the regulatory requirements. control number 2060–0258. OMB the potential for excess emissions This rule does not change the existing control numbers for EPA’s regulations penalties due to an inadvertent error, Acid Rain Program rules and therefore in 40 CFR are listed in 40 CFR part 9. e.g., in the owner’s distribution of does not result in any additional allowances among the units at a source expenditures to State, local, and tribal C. Regulatory Flexibility Act that would cause one unit to have more governments or to the private sector. The Regulatory Flexibility Act (5 than enough allowances to cover The rule simply proposes to reaffirm the U.S.C. 601, et seq.) (RFA) generally emissions and another unit to not have promulgation of Acid Rain Program rule requires an agency to prepare a enough allowances to cover emission. revisions that were previously issued regulatory flexibility analysis of any rule As a further example, the revisions and that are still in effect and have been subject to notice and comment removed some requirements (e.g., the since mid-2006. Moreover, the effect of rulemaking requirements under the required submission of an annual these revisions when they were first Administrative Procedure Act or any compliance certification report) and promulgated was, if anything, to reduce other statute unless the agency certifies thereby removed some costs of somewhat the expenditures of State, that the rule will not have a significant compliance for all regulated sources. local, and tribal governments and the economic impact on a substantial We continue to be interested in the private sector under the then-existing number of small entities. Small entities potential impacts of the proposed rule Acid Rain Program rules. For the same include small businesses, small on small entities and welcome reasons, EPA has determined that this organizations, and small governmental comments on issues related to such rule contains no regulatory jurisdictions. For purposes of assessing impacts. requirements that might significantly or the impacts of today’s rule on small D. Unfunded Mandates Reform Act uniquely affect small governments. entities, small entity is defined as: (1) A small business as defined by the SBA’s Title II of the Unfunded Mandates E. Executive Order 13132: Federalism regulations at 13 CFR 121.201; (2) a Reform Act of 1995 (UMRA), Public Executive Order 13132, entitled small governmental jurisdiction that is a Law 104–4, establishes requirements for ‘‘Federalism’’ (64 FR 43255 (Aug. 10, government of a city, county, town, Federal agencies to assess the effects of 1999)), requires EPA to develop an school district or special district with a their regulatory actions on State, local, accountable process to ensure population of less than 50,000; and (3) and tribal governments and the private ‘‘meaningful and timely input by State a small organization that is any not-for- sector. Under section 202 of the UMRA, and local officials in the development of profit enterprise which is independently EPA generally must prepare a written regulatory policies that have federalism owned and operated and is not statement, including a cost-benefit implications.’’ ‘‘Policies that have dominant in its field. analysis, for proposed and final rules federalism implications’’ is defined in After considering the economic with ‘‘Federal mandates’’ that may the Executive Order to include impacts of this proposed rule on small result in expenditures to State, local, regulations that have ‘‘substantial direct entities, I certify that this action will not and tribal governments, in the aggregate, effects on the States, on the relationship have a significant economic impact on or to the private sector, of $100 million between the national government and a substantial number of small entities. or more in any one year. Before the States, or on the distribution of In determining whether a rule has a promulgating an EPA rule for which a power and responsibilities among the significant economic impact on small written statement is needed, section 205 various levels of government.’’ entities, the impact of concern is any of the UMRA generally requires EPA to This rule does not have federalism significant adverse economic impact on identify and consider a reasonable implications. It will not have substantial small entities, since the primary number of regulatory alternatives and direct effects on the States, on the purpose of the regulatory flexibility adopt the least costly, most cost relationship between the national analysis is to identify and address effective or least burdensome alternative government and the States, or on the regulatory alternatives ‘‘which minimize that achieves the objectives of the rule. distribution of power and any significant economic impact of the The provisions of section 205 do not responsibilities among the various rule on small entities.’’ 5 U.S.C. 603 and apply when they are inconsistent with levels of government, as specified in 604. Thus, an agency may certify that a applicable law. Moreover, section 205 Executive Order 13132. This rule simply rule will not have a significant allows EPA to adopt an alternative other proposes to reaffirm the promulgation of economic impact on a substantial than the least costly, most cost-effective, Acid Rain Program rule revisions that

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were previously issued and that are still This rule is not subject to the mission by identifying and addressing, in effect and have been since mid-2006. Executive Order because it is not a as appropriate, disproportionately high Moreover, when first promulgated, these significant regulatory action under and adverse human health or revisions did not have substantial direct Executive Order 12866 and is not based environmental effects of their programs, effects on States, the relationship on health or safety risks. This rule policies, and activities on minority between the national government and simply proposes to reaffirm the populations and low-income the States, or the distribution of power promulgation of Acid Rain Program rule populations in the United States. EPA and responsibilities. Thus, Executive revisions that were previously issued has determined that this rule will not Order 13132 does not apply to this rule. and that are still in effect and have been have disproportionately high and since mid-2006. Moreover, when first adverse human health or environmental F. Executive Order 13175: Consultation promulgated, these revisions effects on minority or low-income and Coordination With Indian Tribal implemented certain requirements of populations because it does not change Governments the Acid Rain Program that were not on the level of protection provided to Executive Order 13175, entitled based on health or safety risks. human health or the environment, but ‘‘Consultation and Coordination With H. Executive Order 13211: Actions That simply proposes to reaffirm the Indian Tribal Governments’’ (65 FR Significantly Affect Energy Supply, promulgation of Acid Rain Program rule 67249 (Nov. 9, 2000)), requires EPA to Distribution, or Use revisions that were previously issued develop an accountable process to and that are still in effect and have been This rule is not subject to Executive ensure ‘‘meaningful and timely input by since mid-2006. Moreover, when first Order 13211, entitled ‘‘Actions tribal officials in the development of promulgated, these revisions did not Concerning Regulations That regulatory policies that have tribal change the level of protection provided Significantly Affect Energy Supply, implications.’’ This rule does not have to human health or the environment. Distribution, or Use’’ (66 FR 28355 (May tribal implications, as specified in 22, 2001)), because it is not a significant List of Subjects in 40 CFR Parts 72, 73, Executive Order 13175. This rule simply regulatory action under Executive Order 74, 77, and 78 proposes to reaffirm the promulgation of 12866. Acid Rain Program rule revisions that Environmental protection, Acid rain, were previously issued and that are still I. National Technology Transfer Administrative practice and procedure, in effect and have been since mid-2006. Advancement Act Air pollution control, Electric utilities, Intergovernmental relations, Reporting Moreover, when first promulgated, these Section 12(d) of the National and recordkeeping requirements, Sulfur revisions did not have substantial direct Technology Transfer and Advancement oxides. effects on tribal governments, on the Act of 1995 (NTTAA), Public Law 104– relationship between the Federal 113, section 12(d) (15 U.S.C. 272 note), Dated: December 5, 2008. government and Indian tribes, or on the directs EPA to use voluntary consensus Stephen L. Johnson, distribution of power and standards in its regulatory activities Administrator. responsibilities between the Federal unless to do so would be inconsistent [FR Doc. E8–29386 Filed 12–12–08; 8:45 am] government and Indian tribes. Thus, with applicable law or otherwise BILLING CODE 6560–50–P Executive Order 13175 does not apply impractical. Voluntary consensus to this rule. standards are technical standards (e.g., G. Executive Order 13045: Protection of materials specifications, test methods, ENVIRONMENTAL PROTECTION Children From Environmental Health sampling procedures, and business AGENCY and Safety Risks practices) that are developed or adopted by voluntary consensus standards 40 CFR Parts 239 and 258 Executive Order 13045, entitled bodies. The NTTAA directs EPA to [EPA–R07–RCRA–2008–0849; FRL–8751–9] ‘‘Protection of Children From provide Congress, through OMB, Environmental Health Risks and Safety explanations when the Agency decides Adequacy of Iowa Municipal Solid Risks’’ (62 FR 19885 (Apr. 23, 1997)), not to use available and applicable Waste Landfill Permit Program applies to any rule that: (1) Is voluntary consensus standards. This determined to be ‘‘economically rule simply proposes to reaffirm the AGENCY: Environmental Protection significant’’ as defined under Executive promulgation of Acid Rain Program rule Agency (EPA). Order 12866, and (2) concerns an revisions that were previously issued ACTION: Proposed rule. environmental health or safety risk that and that are still in effect and have been EPA has reason to believe may have a since mid-2006. Moreover, when first SUMMARY: The EPA is proposing to disproportionate effect on children. If promulgated, these revisions did not approve a modification to Iowa’s the regulatory action meets both criteria, address the use of any technical approved municipal solid waste landfill the Agency must evaluate the standards. Thus, this rule is not subject (MSWLF) program. The modification environmental health or safety effects of to the NTTAA. allows the State to issue research, the planned rule on children, and development and demonstration (RD&D) explain why the planned regulation is J. Executive Order 12898: Federal permits to owners and operators of preferable to other potentially effective Actions To Address Environmental MSWLF units in accordance with its and reasonably feasible alternatives Justice in Minority Populations and State law. The Region is also proposing considered by the Agency. EPA Low-Income Populations to approve updates to Iowa’s approved interprets Executive Order 13045 as Executive Order 12898 (59 FR 7629 MSWLF program for adding financial applying only to those regulatory (Feb. 16, 1994)) establishes federal assurance mechanisms for local actions that are based on health or safety executive policy on environmental governments, adding the financial test risks, such that the analysis required justice. Its main provision directs and corporate guarantee to financial under section 5–501 of the Executive federal agencies, to the greatest extent assurance mechanisms, adding a Order has the potential to influence the practicable and permitted by law, to technical amendment to solid waste regulation. make environmental justice part of their location restrictions for airport safety,

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and adopting language from the Federal copy. Publicly available docket Administrative Code (IAC) 567, Chapter MSWLF criteria at 40 CFR part 258. materials are available either 113, ‘‘Sanitary Landfills for Municipal DATES: Comments on this proposed electronically in www.regulations.gov or Solid Waste: Groundwater Protection action must be received in writing by in hard copy at the Environmental Systems for the Disposal of Non- January 14, 2009. Protection Agency, Solid Waste/ Hazardous Wastes,’’ effective December ADDRESSES: Submit your comments, Pollution Prevention Branch, 901 North 10, 2007, are adequate to ensure identified by Docket ID No. EPA–R07– 5th Street, Kansas City, Kansas 66101. compliance with the Federal criteria as OAR–2008–0849, by one of the EPA requests that you contact the defined at 40 CFR 258.4. FOR FURTHER following methods: person listed in the C. Statutory and Executive Order 1. www.regulations.gov: Follow the INFORMATION CONTACT section to Reviews online instructions for submitting schedule your inspection. The interested persons wanting to examine This action proposes to approve state comments. solid waste requirements pursuant to 2. E-mail: these documents should make an Resource Conservation and Recovery [email protected]. appointment with the office at least 24 Act (RCRA) Section 4005 and imposes 3. Mail or Hand Delivery or Courier: hours in advance. no Federal requirements. Therefore, this Chilton McLaughlin, Environmental FOR FURTHER INFORMATION CONTACT: rule complies with applicable executive Protection Agency, Solid Waste/ Chilton McLaughlin at (913) 551–7666, orders and statutory provisions as Pollution Prevention Branch, 901 North or by e-mail at [email protected]. follows: 5th Street, Kansas City, Kansas 66101. 1. Executive Order 12866: Regulatory Instructions: Direct your comments to SUPPLEMENTARY INFORMATION: Planning Review—The Office of Docket ID No. EPA–R07–OAR–2008– Management and Budget has exempted 0849. EPA’s policy is that all comments A. Background this action from its review under received will be included in the public On March 22, 2004, EPA issued a Executive Order (EO) 12866; docket without change and may be final rule amending the municipal solid 2. Paperwork Reduction Act—This made available online at waste landfill criteria in 40 CFR part action does not impose an information www.regulations.gov, including any 258 to allow for research, development collection burden under the Paperwork personal information provided, unless and demonstration (RD&D) permits (69 Reduction Act; the comment includes information FR 13242). This rule allows for 3. Regulatory Flexibility Act—After claimed to be Confidential Business variances from specified criteria for a considering the economic impacts of Information (CBI) or other information limited period of time, to be today’s action on small entities under whose disclosure is restricted by statute. implemented through State-issued the Regulatory Flexibility Act, I certify Do not submit information that you RD&D permits. RD&D permits are only that this action will not have a consider to be CBI or otherwise available in States with approved significant economic impact on a protected through www.regulations.gov MSWLF permit programs which have substantial number of small entities; or e-mail. The www.regulations.gov Web been modified to incorporate RD&D 4. Unfunded Mandates Reform Act— site is an ‘‘anonymous access’’ system, permit authority. While States are not Because this action approves pre- which means EPA will not know your required to seek approval for this existing requirements under state law identity or contact information unless provision, those States that are and does not impose any additional you provide it in the body of your interested in providing RD&D permits to enforceable duty beyond that required comment. If you send an e-mail owners and operators of MSWLFs must by state law, this action does not comment directly to EPA without going seek approval from EPA before issuing contain any unfunded mandate, or through www.regulations.gov, your e- such permits. Also, EPA issued a final significantly or uniquely affect small mail address will be automatically rule on November 27, 1996, for financial governments, as described in the captured and included as part of the assurance mechanisms for local Unfunded Mandates Act; comment that is placed in the public governments (61 FR 60328 at 60337); a 5. Executive Order 13132: docket and made available on the final rule on April 10, 1998, adding the Federalism—EO 13132 does not apply Internet. If you submit an electronic financial test and corporate guarantee to to this action because this action will comment, EPA recommends that you financial assurance mechanisms (63 FR not have federalism implications (i.e., include your name and other contact 17706 at 17729); and a final rule on there are no substantial direct effects on information in the body of your October 15, 2003, providing a technical states, on the relationship between the comment and with any disk or CD–ROM amendment to solid waste location national government and states, or on you submit. If EPA cannot read your restrictions for airport safety (68 FR the distribution of power and comment due to technical difficulties 59335). The Federal MSWLF criteria are responsibilities between Federal and and cannot contact you for clarification, codified at 40 CFR part 258. Approval State governments); EPA may not be able to consider your procedures for provisions of 40 CFR part 6. Executive Order 13175: comment. Electronic files should avoid 258 are outlined in 40 CFR 239.12. Consultation and Coordination with the use of special characters, any form Iowa’s MSWLF permit program was Indian Tribal Governments—EO 13175 of encryption, and be free of any defects approved on August 19, 1997 (62 FR does not apply to this action because it or viruses. 44127). On March 17, 2008, Iowa will not have tribal implications (i.e., Docket: All documents in the applied for approval of its RD&D permit there are no substantial direct effects on electronic docket are listed in the provisions and its updated rules for its one or more Indian tribes, on the www.regulations.gov index. Although MSWLF program. relationship between the Federal listed in the index, some information is government and Indian tribes, or on the not publicly available, e.g., CBI or other B. Decision distribution of power and information whose disclosure is After a thorough review, EPA is responsibilities between the Federal restricted by statute. Certain other proposing that Iowa’s RD&D permit government and Indian tribes); material, such as copyrighted material, provisions and its updated rules for its 7. Executive Order 13045: Protection will be publicly available only in hard MSWLF program, as defined under Iowa of Children from Environmental Health

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and Safety Risks—This proposed action DEPARTMENT OF COMMERCE The complete text of Center for is not subject to EO 13045 because it is Biological Diversity and Turtle Island not economically significant and is not National Oceanic and Atmospheric Restoration Network’s petition is based on health or safety risks; Administration available via the internet at the 8. Executive Order 13211: Actions following web address: http:// 50 CFR Part 216 that Significantly Affect Energy Supply, www.nmfs.noaa.gov/ia/. In addition Distribution, or Use—This action is not RIN 0648–AX36 copies of this petition may be obtained subject to EO 13211 because it is not a by contacting NMFS at the above address. significant regulatory action as defined Notification of Receipt of a Petition for in EO 12866; Rulemaking to Implement the FOR FURTHER INFORMATION CONTACT: Provisions of the Marine Mammal Lekelia Jenkins at 301–713–9090 x131. 9. National Technology Transfer Protection Act for Swordfish Imports Advancement Act—This provision SUPPLEMENTARY INFORMATION: directs EPA to use voluntary consensus AGENCY: National Marine Fisheries Background standards in its regulatory activities Service (NMFS), National Oceanic and Section 101(a)(2) of the Marine unless to do so would be inconsistent Atmospheric Administration (NOAA), Mammal Protection Act (MMPA), 16 with applicable law or otherwise Commerce U.S.C. 1371(a)(2),states that ‘‘The impracticable. Voluntary consensus ACTION: Receipt of petition for Secretary of the Treasury shall ban the rulemaking; request for information and standards are technical standards (e.g., importation of commercial fish or comments. materials specifications, test methods, products from fish which have been sampling procedures, and business caught with commercial fishing practices) that are developed or adopted SUMMARY: NMFS announces receipt of a petition for rulemaking under the technology which results in the by voluntary consensus standards incidental kill or incidental serious bodies. EPA approves state programs so Administrative Procedure Act. Center for Biological Diversity and Turtle injury of ocean mammals in excess of long as the State programs meet the United States standards. For purposes of criteria delineated in 40 CFR part 258. Island Restoration Network, non- governmental organizations, have applying the preceding sentence, the It would be inconsistent with applicable petitioned the U.S. Department of Secretary [of Commerce] (A) shall insist law for EPA, in its review of a state Commerce and other relevant on reasonable proof from the program, to require the use of any Departments to initiate rulemaking to government of any nation from which particular voluntary consensus standard ban importation of commercial fish or fish or fish products will be exported to in place of another standard that meets products from fish that have been the United States of the effects on ocean 40 CFR part 258 requirements. Thus, the caught with commercial fishing mammals of the commercial fishing National Technology Transfer and technology that results in incidental technology in use for such fish or fish Advancement Act does not apply to this mortality or serious injury of marine products exported from such nation to action; mammals in excess of United States the United States.’’ 10. Congressional Review Act—EPA standards. Some information pertinent to the will submit a report containing this effects of commercial fishing technology DATES: Comments must be received by action and other information required on marine mammals can be found in a January 29, 2009. by the Congressional Review Act (5 report entitled ‘‘Worldwide Bycatch of U.S.C. 801 et seq.) to the U.S. Senate, ADDRESSES: You may submit comments Cetaceans: An evaluation of the most by any of the following methods: significant threats to cetaceans, the the U.S. House of Representatives, and • the Comptroller General of the United Electronic Submissions: Submit all affected species and the geographic States prior to publication in the electronic public comments via the areas of high risk, and the recommended Federal Register. Federal eRulemaking Portal at http:// actions from various independent www.regulations.gov. institutions.’’ This report, published by List of Subjects • Mail: Director, Office of NMFS Office of International Affairs International Affairs, Attn: Swordfish 40 CFR Part 239 and prepared by outside experts, was Petition, NMFS, F/IA, 1315 East-West commissioned by NMFS to identify Environmental protection, Highway, Silver Spring, MD 20910 threats to cetaceans, ongoing efforts to • Administrative practice and procedure, Fax: (301) 713–2313 address these threats, and prioritize Intergovernmental relations, Waste All comments received are a part of areas where the agency could focus treatment and disposal. the public record and will generally be future initiatives to improve posted to http://www.regulations.gov international cetacean conservation. The 40 CFR Part 258 without change. All Personal Identifying complete text of this report is available Information (e.g., name, address) via the internet at the following web Reporting and recordkeeping voluntarily submitted by the commenter address: http://www.nmfs.noaa.gov/ia/ requirements, Waste treatment disposal, may be publicly accessible. Do not docs/OPR36.pdf. Water pollution control. submit Confidential Business Authority: This action is issued under the Information or otherwise sensitive or Information in the Petition authority of section 2002, 4005 and 4010(c) protected information. NMFS received the petition on March of the Solid Waste Disposal Act, as amended, NMFS will accept anonymous 5, 2008. The petition asserts that the 42 U.S.C. 6912, 6945 and 6949(a). comments (enter N/A in the required Secretaries of Commerce and other Dated: December 3, 2008. fields, if you wish to remain relevant federal Departments are anonymous). Attachments to electronic required to obtain reasonable proof from John B. Askew, comments will be accepted in Microsoft countries exporting swordfish and Regional Administrator, Region 7. Word, Excel, WordPerfect, or Adobe swordfish products to the U.S. regarding [FR Doc. E8–29642 Filed 12–12–08; 8:45 am] portable document file (pdf) formats the effects of their commercial BILLING CODE 6560–50–P only. swordfish fishing technology on marine

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mammals. The petition requests that the standards’’ that have been exceeded by NMFS specifically requests comments Secretary of the Treasury ban imports of other nations. on how to define ‘‘United States swordfish from any and all countries The petition fails to define ‘‘United standards’’ as referenced in MMPA that have not satisfied the MMPA States standards;’’ rather, it describes section 101(a)(2). section 101(a)(2) requirement. As marine mammal protection programs that the United States has implemented. Dated: December 10, 2008. support for the need for this action, the Samuel D. Rauch III, petition alleges potential deficiencies in NMFS will consider public comments Deputy Assistant Administrator for the fishing, exporting, and other related received in determining whether to proceed with the request by Center for Regulatory Programs, National Marine practices of some nations that export Biological Diversity and Turtle Island Fisheries Service. swordfish to the United States without Restoration Network. In addition to [FR Doc. E8–29653 Filed 12–12–08; 8:45 am] articulating any specific ‘‘U.S. general comments on the petition, BILLING CODE 3510–22–S

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Notices Federal Register Vol. 73, No. 241

Monday, December 15, 2008

This section of the FEDERAL REGISTER http://www.rma.usda.gov/aboutrma/ Part I—General Information contains documents other than rules or agreements/; or from the Government proposed rules that are applicable to the A. Legislative Authority and grants Web site at http:// Background public. Notices of hearings and investigations, www.grants.gov. Click on ‘‘Find Grant committee meetings, agency decisions and This program is authorized under rulings, delegations of authority, filing of Opportunities,’’ then select ‘‘Basic Search,’’ type in ‘‘RMA’’ in the Keyword section 1522(d)(3)(F) of the Act which petitions and applications and agency authorizes FCIC funding for risk statements of organization and functions are Search field and select ’’Search,’’ select management training and informational examples of documents appearing in this ‘‘Community Outreach and Assistance efforts for agricultural producers section. Partnership Program’’ under the through the formation of partnerships Opportunity Title column to access the with public and private organizations. application package for this DEPARTMENT OF AGRICULTURE RMA promotes and regulates sound risk announcement. management solutions to improve the Federal Crop Insurance Corporation The collection of this information has economic stability of American been approved under OMB control agriculture. One of RMA’s four strategic Community Outreach and Assistance number 0563–0066 through November goals is to ensure that its customers and Partnership Program 30, 2010. potential customers are well informed of Funding Opportunity Title: This announcement consists of seven the risk management solutions Community Outreach and Assistance parts. available. On behalf of FCIC, RMA does Partnership Program. this by offering Federal crop insurance Announcement Type: Request for Part I—General Information products through a network of private- Applications (RFA) Community A. Legislative Authority and Background sector partners, overseeing the creation Outreach and Assistance B. Purpose of new risk management products, Partnership Program: Initial C. Definition of Priority Commodities seeking enhancements in existing Announcement. D. Program Description products, ensuring the integrity of crop CFDA Number: 10.455. Part II—Award Information insurance programs, providing risk A. Available Funding DATES: Applications are due by 5 p.m. management education and information B. Types of Applications EST on February 13, 2009. Applications and offering outreach programs aimed at Part III—Eligibility Information received after the deadline will not be equal access and participation of A. Eligible Applicants considered for funding. All awards will underserved communities. B. Project Period be made and partnership agreements C. Non-Financial Benefits B. Purpose completed by September 30, 2009. D. Cost Sharing or Matching Overview: In accordance with section The purpose of this program is to E. Funding Restrictions 1522(d) of the Federal Crop Insurance fund projects that provide limited Part IV—Application and Submission Act (Act), the Federal Crop Insurance resource, socially disadvantaged, and Information other traditionally underserved Corporation (FCIC), operating through A. Address To Submit an Application the Risk Management Agency (RMA), producers with training, informational Package opportunities and assistance necessary announces the availability of B. Content and Form of Application approximately $3.4 million in fiscal to understand: Part V—Application Review Process (1) The kind of risks addressed by year 2009 (subject to availability of A. General funds) for collaborative outreach and existing and emerging risk management B. Evaluation Criteria and Weights tools; assistance programs for limited Part VI—Award Administration resource, socially disadvantaged and (2) The features and appropriate use A. Notification of Award of existing and emerging risk other traditionally under-served farmers B. Access to Panel Review Information and ranchers, who produce Priority management tools; and C. Confidential Aspects of Proposals and (3) How to make sound risk Commodities as defined in Part I.C. Awards management decisions. Awards under this program will be D. Reporting Requirements Each partnership agreement awarded made on a competitive basis for projects E. Administration through this program will provide the of up to one year. Recipients of awards F. Prohibitions and Requirements With applicant with funds, guidance, and the must demonstrate non-financial benefits Regard to Lobbying substantial involvement of RMA to from a partnership agreement and must G. Applicable OMB Circulars deliver outreach and assistance agree to the substantial involvement of H. Confidentiality programs to producers in a specific RMA in the project. This announcement I. Civil Rights Training geographical area. lists the information needed to submit Part VII—Additional Information an application under this program. A. Requirement To Use Program Logo C. Definition of Priority Commodities FOR FURTHER INFORMATION CONTACT: B. Requirement To Provide Project For purposes of this program, Priority David Wiggins, National Outreach Information to an RMA Representative Commodities are defined as: Program Manager, Telephone (202) 690– C. Private Crop Insurance Organizations • Agricultural commodities covered 2686, Facsimile (202) 690–1518, E-mail: and Potential Conflict of Interest by (7 U.S.C. 7333). Commodities in this [email protected]. D. Dun and Bradstreet (D&B Data Universal group are commercial crops that are not Application materials can be Numbering System) covered by catastrophic risk protection downloaded from the RMA Web site at E. Required Registration for Grants.gov crop insurance, are used for food or

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fiber (except livestock), and specifically be completed, the dates by which each of the program. The recipient will also include, but are not limited to, task will be completed, and the partners be required to provide information to an floricultural, ornamental nursery, that will have responsibility for each RMA-selected contractor to evaluate all Christmas trees, turf grass sod, task. Task milestones must be listed to outreach activities and advise RMA as aquaculture (including ornamental fish), ensure that progress can be measured at to the effectiveness of activities. and industrial crops. various stages throughout the life of the 2. RMA will be responsible for the • Specialty crops. Commodities in project. The plan must also provide for following activities: this group may or may not be covered the substantial involvement of RMA in • Review and approve in advance the under a Federal crop insurance plan and the project. recipient’s project delivery plan. • include, but are not limited to, fruits, Note: All partnership agreements resulting Collaborate with the recipient in vegetables, tree nuts, syrups, honey, from this announcement will include assembling risk management materials roots, herbs, and highly specialized delivery plans in a table format. All for producers. This will include: (a) varieties of traditional crops. applicants are strongly encouraged to refer to Reviewing and approving in advance all • Underserved commodities. This the table in the application package, when educational materials for technical group includes: (a) Commodities, preparing a delivery plan and to use this accuracy; (b) serving on curriculum including livestock, that are covered by format as part of the project description. development workgroups; (c) providing a Federal crop insurance plan but for • Assemble risk management curriculum developers with fact sheets which participation in an area is below instructional materials appropriate for and other risk management publications the national average; and (b) producers of Priority Commodities to be prepared by RMA; (d) advising the commodities, including livestock, with used in delivering education and applicant on the materials available over inadequate crop insurance coverage information. This will include: (a) the Internet through the AgRisk produced by limited resource, socially Gathering existing instructional Education Library; (e) advising the disadvantaged, and other traditionally materials that meet the local needs of applicant on technical issues related to underserved producers. producers of Priority Commodities; (b) crop insurance instructional materials; A project is considered as giving identifying gaps in existing instructional and (f) advising the applicant on the use priority to Priority Commodities if the materials; and (c) developing new of the standardized design and layout majority of the educational outreach and materials or modifying existing formats to be used on program assistance activities are directed to instructional materials to fill existing materials. limited resource, socially disadvantaged gaps. • Collaborate with the recipient on a • and other traditionally under-served Develop and conduct a promotional promotional program for raising producers of one or more of the three program and dissemination activities to awareness of risk management and for classes of commodities listed above or publicize the project accomplishments. informing producers of training and any combination of the three classes. This program will include activities informational opportunities. This will using the media, newsletters, D. Program Description include: (a) Reviewing and approving in publications, or other informational advance all promotional plans, This program will support a wide dissemination techniques that are materials, and programs; (b) serving on range of innovative outreach and designed to: (a) Raise awareness for risk workgroups that plan promotional assistance activities in farm management; (b) inform producers of programs; (c) advising the applicant on management, financial management, the availability of risk management technical issues relating to the marketing contracts, crop insurance and tools; (c) inform producers of the presentation of crop insurance products other existing and emerging risk training and informational opportunities in promotional materials; and (d) management tools, RMA will be being offered; and (d) communicate the participating, as appropriate, in media substantially involved in the activities project’s accomplishments (products, programs designed to raise general listed under paragraph 2. The applicant results and impacts, etc.) to the broadest awareness or provide farmers with risk must identify specific ways in which audiences. Minority media and management education. RMA could have substantial publications should also be used to • Collaborate with the recipient on involvement in the proposed outreach achieve the broadest promotion of outreach activities to agricultural activity. outreach opportunities for limited producers and agribusiness leaders. In addition to the specific, required resource and socially disadvantaged This will include: (a) Reviewing and activities listed under paragraph 1, the farmers and ranchers possible. approving in advance all producer and applicant may suggest other activities • Deliver risk management training agribusiness educational delivery plans; that would contribute directly to the and informational opportunities to (b) advising the applicant on technical purpose of this program. For any limited resource and socially issues related to the delivery of crop additional activity suggested, the disadvantaged agricultural producers insurance education and information; applicant should identify the objective and agribusiness professionals of and (c) assisting the applicant in of the activity, the specific tasks Priority Commodities. This will include informing crop insurance professionals required to meet the objective, specific organizing and delivering educational about educational plans and scheduled time lines for performing the tasks, and activities using the instructional meetings. specific responsibilities of the partners. materials identified earlier. Activities • Reviewing and approving 1. In conducting activities to achieve should be directed primarily to recipient’s documentation of risk the purpose and goal of this program, agricultural producers, but may include management education and outreach award recipients will be required to those agribusiness professionals that activities. perform the following activities: have frequent opportunities to advise • Develop and finalize a risk farmers on risk management. Part II—Award Information management outreach delivery plan that • Document all outreach activities will contain the tasks needed to conducted under the partnership A. Available Funding accomplish the purpose of this program, agreement and the results of such The amount of funds available in FY including a description of the manner in activities, including criteria and 2009 for support of this program is which various tasks for the project will indicators used to evaluate the success approximately $3.4 million dollars

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(subject to availability of funds). There the effectiveness and efficiency of the Part IV—Application and Submission is no commitment by USDA/RMA to proposed project. Although an applicant Information fund any particular project or to make may be eligible to compete for an award A. Address To Submit an Application a specific number of awards. No based on its status as an eligible entity, Package maximum or minimum funding levels other factors may exclude an applicant have been established for individual from receiving Federal assistance under The address for submissions is USDA/ projects or geographic locations. this program (e.g. debarment and RMA, Community Outreach, and Applicants awarded a partnership suspension; a determination of non- Assistance Partnership Program, c/o agreement for an amount that is less performance on a prior contract, William Buchanan, 1400 Independence than the amount requested may be cooperative agreement, grant or Avenue, SW., Room 6709, Stop 0801, required to modify their application to partnership; a determination of a Washington, DC 20250–0801. All conform to the reduced amount before violation of applicable ethical applications must be submitted by the execution of the partnership agreement. standards). Applications from ineligible deadline. Late or incomplete It is expected that awards will be made or excluded persons will be rejected in applications will not be considered and approximately 120 days after the their entirety. will be returned to the applicant. application deadline. Applications will be considered as B. Project Period meeting the announced deadline if they B. Types of Applications Each project will be funded for a are received in the mailroom at the Applicants must specify whether the period of up to one year from the project address on or before the deadline. application is a new, renewal, or starting date for the activities described Applicants are cautioned that express, resubmitted application. in this announcement. overnight mail or other delivery services 1. New Application—This is an do not always deliver as agreed. application that has not been previously C. Non-Financial Benefits Applicants using the U.S. Postal Service submitted to the RMA Outreach To be eligible, applicants must also should allow for the extra time for Program. All new applications will be demonstrate that they will receive a delivery due to the additional security reviewed competitively using the non-financial benefit as a result of a measures that mail delivered to selection process and evaluation criteria partnership agreement. Non-financial government offices in the Washington described in this RFA. benefits must accrue to the applicant DC area now requires. Failure of the 2. Renewal Application—This is an and must include more than the ability selected delivery services will not application that requests additional to provide employment income to the extend the deadline. Applicants are funding for a project beyond the period applicant or for the applicant’s strongly encouraged to submit that was approved in an original or employees or the community. The completed and signed application amended award. Applications for applicant must demonstrate that packages using overnight mail or renewed funding must contain the same performance under the partnership delivery service to ensure timely information as required for new agreement will further the specific receipt. Applicants that wish to submit applications, and additionally must mission of the applicant (such as applications electronically, should use contain a Progress Report. Renewal providing research or activities the Government Grants Web site at applications must be received by the necessary for graduate or other students http://www.grants.gov. relevant due dates, will be evaluated in to complete their educational program). competition with other pending Applications that do not demonstrate a B. Content and Form of Application applications, and will be reviewed non-financial benefit will be rejected. according to the same evaluation criteria 1. General—Use the following as new applications. D. Cost Sharing or Matching guidelines to prepare an application. Each application must contain the 3. Resubmitted Application—This is Cost sharing, matching, in-kind an application previously submitted to following elements in the order contribution, or cost participation is not indicated. Proper preparation of the RMA Outreach office, but was not required. funded. Resubmitted applications must applications will assist reviewers in be received by the relevant due dates, E. Funding Restrictions evaluating the merits of each application in a systematic, consistent and will be evaluated in competition Indirect costs for projects submitted with other pending applications and fashion. in response to this solicitation are (a) Prepare the application on only will be reviewed according to the same limited to 10 percent of the total direct one side of the page using standard size evaluation criteria as new applications. costs of the agreement. Partnership (81⁄2 ″ x 11″) white paper, one-inch Part III—Eligibility Information agreement funds may not be used to: margins, typed or word processed using 1. Plan, repair, rehabilitate, acquire, or no type smaller than 12 point font, and A. Eligible Applicants construct a building or facility including single or double spaced. Use an easily Educational institutions, community a processing facility; readable font face (e.g., Geneva, based organizations, associations of 2. To purchase, rent, or install fixed Helvetica, Times Roman). farmers and ranchers, state departments equipment; (b) Number each page of the of agriculture, and other non-profit 3. Repair or maintain privately owned application sequentially, starting with organizations with demonstrated vehicles; the Project Description, including the capabilities in developing and budget pages, required forms, and any 4. Pay for the preparation of the implementing risk management and appendices. other marketing options for priority partnership application; (c) Staple the application in the upper commodities are eligible to apply. 5. Fund political activities; left-hand corner. Do not bind. An Individuals are not eligible applicants. 6. Pay costs incurred prior to original and two copies of the Applicants are encouraged to form receiving this partnership agreement; completed and signed application (3 partnerships with other entities that 7. Fund any activities prohibited in 7 total) and one electronic copy (Microsoft complement, enhance, and/or increase CFR parts 3015 and 3019, as applicable. Word format preferred) on compact disc

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or diskette must be submitted in one The statement of work in table format have agreed to render these services. package. Only hard copies of OMB should identify each objective and the Additional information on consultants Standard Forms should be submitted. key tasks to achieve the objective, the and collaborators are required in the Do not include the standard forms on entity responsible for the task, the budget portion of the application. the diskette. completion date, the task location, and 10. Current and Pending Support–All (d) Include original illustrations RMA’s role. Applicants are strongly applications must list all current public (photographs, color prints, etc.) in all encouraged to refer to the sample table or private support to which personnel copies of the application to prevent loss in the application package, when identified in the application have of meaning through poor quality preparing a delivery plan and to use this committed portions of their time, reproduction. table format in that portion of the whether or not salary support for 1. Application for Federal Assistance, application narrative that addresses the persons involved is included in the OMB Standard Form 424—Please delivery plan. budget. An application that duplicates complete this form in its entirety. The 6. Budget, OMB Standard Form 424– or overlaps substantially with an original copy of the application must A, ‘‘Budget Information, Non- application already reviewed and contain a pen-and-ink signature of the Construction Program’’—Indirect costs funded (or to be funded) by another authorized organizational representative allowed for projects submitted under organization or agency will not be (AOR), individual with the authority to this announcement will be limited to 10 funded under this program. The projects commit the organization’s time and percent of the total direct cost of the proposed for funding should be other relevant resources to the project. partnership or cooperative agreement. included in the pending section. The Catalog of Federal Domestic Applicants should include reasonable 11. Disclosure of Lobbying Activities, Assistance Number (block 10) is ‘‘10– travel costs associated with attending at OMB Standard Form LLL—All 455—Community Outreach and least two RMA designated two-day applications must contain a signed copy Assistance.’’ events, which will include a Project of this form (See Part VI (F)). Applicants 2. Table of Contents—Each Directors’ meeting and civil rights who are not engaging in lobbying application must contain a detailed training. activities should write ‘‘Not Applicable’’ Table of Contents immediately 7. Budget Narrative—A detailed and sign the form. following OMB SF 424. narrative in support of the budget 12. A completed and Signed 3. Project Summary—(Limited to one should show all funding sources and page, placed after the Table of Contents) itemized costs for each line item ‘‘Certification Regarding Debarment, The summary should be a self- contained on the SF–424A. All budget Suspension, and Other Responsibility contained, specific description of the categories must be individually listed Matters (Primary Covered Transactions), activity to be undertaken and should (with costs) in the same order as the AD 1047.’’ focus on: Overall project goal(s) and budget and justified on a separate sheet 13. A completed and Signed supporting objectives; plans to of paper and placed immediately behind ‘‘Certifications Regarding Drug-Free accomplish project goals; and relevance the SF–424A. There must be a detailed Workplace, AD–1049.’’ of the project to the goals of the breakdown of all costs, including 14. Appendices are allowed if they are community outreach and assistance indirect costs. Include budget notes on directly germane to the proposed program. each budget line item detailing how project. 4. Progress Report—(Limited to three each line item was derived. Also C. Acknowledgment of Applications pages, placed immediately after the provide a brief narrative description of Project Summary) Renewal applications any costs that may require explanation Applications submitted by facsimile of an existing project supported under (i.e., why a specific cost may be higher or through other electronic media the same program should include a than market costs). Only items or (except grants.gov), regardless of the clearly identified summary progress services that are necessary for the date or time of submission or the time report describing the results to date. The successful completion of the project will of receipt, will not be considered and progress report should contain a be funded as permitted under the Act, will be returned to the applicant. comparison of actual accomplishments the applicable Federal Cost principles, Receipt of applications will be with the goals established for the and are not prohibited under any other acknowledged by e-mail, whenever project. Federal statute. Salaries of project possible. Therefore, applicants are 5. A Project Description—(Limited to personnel should be requested in encouraged to provide an e-mail address twenty-five single-sided pages) that proportion to the effort that they would in the application. If an e-mail address describes the outreach project in detail, devote to the project. is not indicated on an application, including the program delivery plan and 8. Key Personnel—The roles and receipt will be acknowledged in writing. a Statement of Work. The description responsibilities of each PD and/or There will be no notification of should provide reviewers with collaborator should be clearly described; incomplete, unqualified, or unfunded sufficient information to effectively and the vitae of the PD and each co-PD, applications until the awards have been evaluate the merits of the application senior associate and other professional made. RMA will assign an identification under the criteria contained in Part V. personnel. number to the application when The description should include the 9. Collaborative Arrangements received. This number will be provided circumstances giving rise to the (Including Letters of Support)—If it will to applicants when the receipt of proposed activity; a clear, concise be necessary to enter into formal application is acknowledged. statement of the objectives; the steps consulting or collaborative Applicants should reference the necessary to implement the program to arrangements, such arrangements assigned identification number in all attain the objectives; an evaluation plan should be fully explained and justified. correspondence regarding the for the activities; a program delivery If the consultants or collaborators are application. plan, and statement of work that known at the time of application, a vitae If receipt of application is not describes how the activities will be or resume should be provided. Evidence acknowledged by RMA within 15 days implemented and managed by the (e.g., letter of support) should be of the submission deadline, the applicant. included if the collaborators involved applicant should contact David Wiggins

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at (202) 690–2686 or electronically at a project that has been funded or has grower organizations, agribusiness [email protected]. been recommended to be funded under professionals, and agricultural leaders to another FCIC or RMA education or enhance the quality and effectiveness of Part V—Application Review Process outreach program, then the Manager the program. Applicants will receive A. General may elect to not fund that application in higher scores to the extent that they can Each application will be evaluated whole or in part. document and demonstrate: (a) That partnership documented commitments using a two-part process. First, each B. Evaluation Criteria and Weights application will be screened by RMA are in place for the express purpose of personnel to ensure that past 1. Project Benefits—Maximum 40 Points delivering the program in this performances were satisfactorily met The applicant must demonstrate that announcement; (b) that the project will and that it meets the requirements in the project benefits to limited resource, incorporate training on the benefits and this announcement. Applications that socially disadvantaged and other implementation of the Adjusted Gross do not meet the requirements of this traditionally underserved producers Revenue Lite (AGR–LITE) insurance announcement or are incomplete will warrant the funding requested. coverage plan and other risk not receive further consideration. Applicants will be scored according to management tools; (c) that the project Second, a review panel will consider the extent they can: (a) Reasonably promotes energy alternatives for small the merits of all applications that meet estimate the number of producers farmers and ranchers; (d) that a broad the requirements in the announcement. reached through the project; (b) justify and diverse group of farmers and A panel of not less than three the estimates with clear specifics related ranchers will be reached; and (e) that a independent reviewers will evaluate to the delivery plan; (c) identify the substantial effort has been made to each application. Reviewers will be actions producers will likely be able to partner with organizations that can meet drawn from USDA, other Federal take as a result of the project; and (d) the needs of producers that are small, agencies, and others representing public identify specific measures for evaluating have limited resources, are minorities, and private organizations, as needed. the success of the project. Reviewers’ or are beginning farmers and ranchers. The project description and any scoring will be based on the scope and 4. Delivery Plan—Maximum 20 Points appendices submitted by applicant will reasonableness of the applicants’ The applicant must demonstrate that be used by the review panel to evaluate estimate of the number of producers its program delivery plan is clear and the merits of the project being proposed reached through the project, clear specific. For each of the applicant’s for funding. The panel will examine and descriptions of specific expected project responsibilities contained in the score applications based on each of the benefits for producers, and well- description of the program, the four criteria contained in paragraph B of constructed plans for measuring the applicant must demonstrate that it can this part ‘‘Evaluation Criteria and project’s effectiveness. Weights’’. identify specific tasks and provide The panel will be looking for the 2. Project Management—Maximum 20 reasonable time lines that further the specific elements listed with each Points purpose of this program. Applicants criterion when evaluating the The applicant must demonstrate an will obtain a higher score to the extent applications and scoring them. For each ability to implement sound and effective that the tasks of the project are specific, application, panel members will assign project management practices. Higher measurable, and reasonable, have a point value up to the maximum for scores will be awarded to applicants specific periods for completion, relate each criterion. After all reviewers have that can demonstrate organizational directly to the required activities, the evaluated and scored each of the skills, leadership, and experience in program objectives described in this applications, the scores for the entire delivering services or programs using announcement, and use the appropriate panel will be averaged to determine an the appropriate language service that language service. application’s final score. assist limited resource, socially 5. Diversity After assigning points for each disadvantaged and other traditionally Management reserves the right to criterion, applications will be listed in underserved producers. If the applicant award additional points to applications initial rank order and presented, along has been a recipient of other Federal or that promote diversity. with funding level recommendations, to other government grants, cooperative the Manager of FCIC, who will make the agreements, or contracts, the applicant Part VI—Award Administration final decision on awarding of a must also detail that they have A. Notification of Award partnership agreement. Applications consistently complied with financial will then be funded in final rank order and program reporting and auditing Following approval by the RMA until all available funds have been requirements. Applicants that will awarding official, project leaders whose expended. Applicants must score 50 employ, or have access to personnel applications have been selected for points or more to be considered for who have experience in directing funding will be notified. Within the funding. If there are unused remaining agricultural programs or providing limit of funds available for such a funds, RMA may conduct another round education programs that benefit purpose, the awarding official of RMA of competition through the producers will receive higher rankings. shall enter into partnership agreements announcement of another RFA. Higher scores will be awarded to with applicants whose applications are An organization, or group of applicants with no more than two on- judged to be most meritorious under the organizations in partnership, may apply going projects funded by RMA under procedures set forth in this for funding under other FCIC or RMA this program in previous years. announcement. The agreements provide programs, in addition to the programs the amount of Federal funds for use in described in this announcement. 3. Collaborative Partnering—Maximum the project period, the terms and However, if the Manager of FCIC 20 Points conditions of the award and the time determines that an application The applicant must demonstrate period for the project. recommended for funding under this experience and capacity to partner with The effective date of the agreement is announcement is sufficiently similar to and gain the support of other agencies, the date the agreement is executed by

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both parties. RMA will extend to award F. Prohibitions and Requirements With evaluation purposes. This requirement recipients, in writing, the authority to Regard to Lobbying also includes providing demographic draw down funds for conducting the All partnership agreements are subject data on program participants. activities listed in the agreement. All to the requirements of 7 CFR part 3018. C. Private Crop Insurance Organizations funds provided to the applicant by FCIC A copy of the certification and and Potential Conflict of Interest must be expended solely for the purpose disclosure forms must be submitted Private organizations that are for which the funds are obligated in with the application. accordance with the approved involved in the sale of Federal crop agreement and budget, the regulations, G. Applicable OMB Circulars insurance, or that have financial ties to such organizations, are eligible to apply the terms and conditions of the award, All partnership and cooperative for funding under this announcement. and the applicability of Federal cost agreements funded as a result of this However, such entities will not be principles. No commitment of Federal notice will be subject to the allowed to receive funding to conduct assistance beyond the project period is requirements contained in all applicable activities that would otherwise be made or implied for any award resulting OMB circulars. from this notice. required under a Standard Reinsurance H. Confidentiality Agreement or any other agreement in Applicants that are not funded will be The names of applicants, the names of effect between FCIC and the entity. notified within 120 days after the Such entities will also not be allowed to submission deadline. individuals identified in the applications, the content of receive funding to conduct activities that could be perceived by producers as B. Access to Panel Review Information applications, and the panel evaluations promoting one company’s services or of applications will be kept confidential, Upon written request from the products over another’s. If applying for except to those involved in the review applicant, your score from the funding, such organizations are process, to the extent permitted by law. evaluation panel, not including the encouraged to be sensitive to potential In addition, the identities of review identity of reviewers, will be sent to the conflicts of interest and to describe in panel members will remain confidential applicant after the review and awards their application the specific actions throughout the entire review process process has been completed. they will take to avoid actual and and will not be released to applicants. perceived conflicts of interest. C. Confidential Aspects of Proposals At the end of the fiscal year, names of and Awards panel members will be made available. D. Dun and Bradstreet (D&B Data However, panelists will not be Universal Numbering System) When an application results in a identified with the review of any A Dun and Bradstreet (D&B) Data partnership agreement, it becomes a part particular application. of the official record of RMA Universal Numbering System (DUNS) transactions, available to the public I. Civil Rights Training number is a unique nine-digit sequence recognized as the universal standard for upon specific request. Information that All recipients of federally assisted the Secretary of Agriculture determines identifying and keeping track of programs are required to comply with businesses worldwide. A Federal to be of a confidential, privileged, or Federal civil rights laws and proprietary nature will be held in Register notice of final policy issuance regulations. USDA/RMA policies and (68 FR 38402) requires a DUNS number confidence to the extent permitted by procedures require recipients of law. Therefore, any information that the in every application (i.e., hard copy and federally assisted programs to attend electronic) for a grant or cooperative applicant wishes to be considered mandatory civil rights training confidential, privileged, or proprietary agreement. Therefore, potential sponsored by RMA, to become fully applicants should verify that they have should be clearly marked within an aware of civil rights requirements and application, including the basis for such a DUNS number or take steps needed to responsibilities. Applicants should obtain one. For information about how designation. The original copy of a include in their budgets reasonable proposal that does not result in an to obtain a DUNS number, go to travel costs associated with attending at http://www.grants.gov. Please note that award will be retained by RMA for a least two two-day RMA designated period of one year. Other copies will be the registration may take up to 14 events that include a Project Directors business days to complete. destroyed. Copies of proposals not meeting and required civil rights receiving awards will be released only training. E. Required Registration for Grants.gov with the express written consent of the Part VII—Additional Information The Central Contract Registry (CCR) is applicant or to the extent required by a database that serves as the primary law. A proposal may be withdrawn at A. Requirement To Use Program Logo Government repository for contractor any time prior to award. Applicants awarded partnership information required for the conduct of D. Reporting Requirements agreements will be required to use a business with the Government. This program logo and design provided by database will also be used as a central Applicants awarded partnership RMA for all instructional and location for maintaining organizational agreements will be required to submit promotional materials. information for organizations seeking quarterly progress and financial reports and receiving grants from the (OMB Standard Form 269) throughout B. Requirement To Provide Project Government. Such organizations must the project period, as well as a final Information to an RMA Representative register in the CCR prior to the program and financial report no later Applicants awarded partnership submission of applications via than 90 days after the end of the project agreements will be required to assist grants.gov (a DUNS number is needed period. RMA in evaluating the effectiveness of for CCR registration). For information E. Administration its outreach program by providing about how to register in the CCR, visit documentation of outreach activities http://www.grants.gov. Allow a All partnership agreements are subject and related information to any minimum of 5 days to complete the CCR to the requirements of 7 CFR part 3015. contractor selected by RMA for program registration.

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Signed in Washington, DC on December 8, Forest Service and Bureau of Land scientific utility; (2) the accuracy of the 2008. Management to report to Congress agency’s estimate of the burden of the James Callan, annually on the role of local collection of information, including the Acting Manager, Federal Crop Insurance communities in the development of validity of the methodology and Corporation. agreement or contract plans through assumptions used; (3) ways to enhance [FR Doc. E8–29549 Filed 12–12–08; 8:45 am] stewardship contracting. To meet that the quality, utility, and clarity of the BILLING CODE 3410–08–P requirement, the Forest Service information to be collected; and (4) conducts surveys to gather the necessary ways to minimize the burden of the information for use by both Forest collection of information on DEPARTMENT OF AGRICULTURE Service and Bureau of Land respondents, including the use of Management. The survey provides automated, electronic, mechanical, or Forest Service information regarding the: other technological collection Information Collection; Role of (a) Nature of the local community techniques or other forms of information Communities in Stewardship involved in developing agreement or technology. Contracting Projects contract plans, All comments received in response to (b) Nature of roles played by the this notice, including names and AGENCY: Forest Service, USDA. entities involved in developing addresses when provided, will be a ACTION: Notice; request for comment. agreement or contract plans, matter of public record. Comments will (c) Benefits to the community and be summarized and included in the SUMMARY: In accordance with the agency by being involved in planning submission request toward Office of Paperwork Reduction Act of 1995, the and development of contract plans, and Management and Budget approval. Forest Service is seeking comments (d) Usefulness of stewardship Dated: December 5, 2008. from all interested individuals and contracting in helping meet the needs of Charles L. Myers, organizations on the extension with local communities. revision of a currently approved The Pinchot Institute for Conservation Associate Deputy Chief, National Forest information collection, Role of and its sub-contractors collect System. Communities in Stewardship information through an annual phone [FR Doc. E8–29515 Filed 12–12–08; 8:45 am] Contracting Projects. survey. The survey queries Federal BILLING CODE 3410–11–P DATES: Comments must be received in employees, employees of for-profit and writing on or before February 13, 2009 not-for-profit institutions, employees of DEPARTMENT OF AGRICULTURE to be assured of consideration. State and local agencies, and individual Comments received after that date will citizens who have been involved in Forest Service be considered to the extent practicable. stewardship contracting projects about ADDRESSES: Comments concerning this their role in the development of Chequamegon-Nicolet National Forest; notice should be addressed to Director, agreement or contract plans. Wisconsin, Northwest Sands Project Forest Management Staff, USDA Forest The information collected through the Service, Mail Stop 1103, 1400 survey is analyzed by the Pinchot AGENCY: Forest Service, USDA. Independence Avenue, SW., Institute for Conservation and its sub- ACTION: Notice of intent to prepare an Washington, DC 20250. contractors and used to help develop environmental impact statement. Comments also may be submitted via the Forest Service and Bureau of Land SUMMARY: The Washburn Ranger District facsimile to 202–205–1045 or by e-mail Management report to Congress intends to prepare an environmental to: [email protected]. pursuant to Section 323 of Public Law The public may inspect comments impact statement (EIS) to disclose the 108–7. environmental consequences of received at USDA Forest Service, Forest Without the information from this proposed pine barren restoration Management, Yates Federal Building, annual collection of data, the Forest project. The Northwest Sands Project 3rd floor SW wing, 1400 Independence Service and Bureau of Land area is approximately 25,900 acres in Avenue, SW., Washington, DC during Management will not be able to provide size; about 125 acres of this is not normal business hours. Visitors are the required annual report to Congress National Forest System land. The encouraged to call ahead to 202–205– on the role of communities in project area is located in Bayfield 1766 to facilitate entry to the building. development of agreement or contract County, approximately six miles FOR FURTHER INFORMATION CONTACT: plans under stewardship contracting. northeast of Iron River, Wisconsin. The Sharon Nygaard-Scott, Forest Service, Estimate of Annual Burden: 0.75 legal description of the area includes Forest Management Staff, 202–205– hours. lands lying within the National Forest 1766. Individuals who use Type of Respondents: Employees of boundary within T.49 N, R.7 W, Section telecommunication devices for the deaf for-profit and non-profit businesses and (TDD) may call the Federal Relay institutions, as well as individuals. 23–26, 35, 36; T.49 N, R.6 W, Section Service (FRS) at 1–800–877–8339 Estimated Annual Number of 19–22, 27–33; T.48 N, R.8 W, Section twenty-four hours a day, every day of Respondents: 350 12, 13, 24, 25, 36; T.48 N, R.7 W, the year, including holidays. Estimated Annual Number of Section 1–5, 7–11, 14–23, 26–36; T.48 N, R6 W, Sections 2, 4–6, 10–16, 21–27; SUPPLEMENTARY INFORMATION: Responses per Respondent: 1 and T.47 N, R.7 W, Sections 3–6, 8–10, Title: Role of Communities in Estimated Total Annual Burden on SUPPLEMENTARY Stewardship Contracting Projects. Respondents: 263 hours 15–17, 20–22. See the OMB Number: 0596–0201. Comment Is Invited: INFORMATION section for the purpose and Expiration Date of Approval: July 31, Comment is invited on: (1) Whether need for the action. 2009. this collection of information is DATES: Comments concerning the scope Type of Request: Extension with necessary for the stated purposes and of the analysis should be received by Revision. the proper performance of the functions January 10, 2008 to receive timely Abstract: Section 323 of Public Law of the agency, including whether the consideration. The draft environmental 108–7 (16 U.S.C. 2104 Note) requires the information will have practical or impact statement is expected in March

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2009, and the final environmental of those activities, the following actions Responsible Official impact statement is expected in June and design features would be The responsible official for this 2009. incorporated to enhance the project is Spring Rosales, Chequamegon- ADDRESSES: Send written comments to effectiveness of the project in providing Nicolet National Forests, Washburn District Ranger Spring Rosales, favorable habitat conditions for certain Ranger District, P.O. Box 578, Washburn Chequamegon-Nicolet National Forests, species: (1) Three sites (approximately WI 54891. 100 acres) would be managed as refugia Washburn Ranger District, P.O. Box 578, Scoping Process Washburn, WI 54891. For further for the chryxus arctic and tawny information, mail correspondence to crescent spot butterfly. (2) At least one The Chequamegon-Nicolet Forest Jennifer Maziasz, Project Leader; one-acre patch of recently burned dead began the scoping process for this Washburn Ranger District, P.O. Box 578, trees would be maintained at all times project as an environmental assessment Washburn, WI 54891. on the landscape to provide favorable during February 2008. Persons and organizations on the District’s mailing SUPPLEMENTARY INFORMATION: habitat for black-backed woodpeckers. (3) 4,800 acres of the open barrens list were sent information packages, and Purpose and Need for Action habitat component would be managed a notice was placed in the newspaper of The main goal of this project is to as a contiguous large patch to benefit record. The project is listed in the restore the pine barrens ecosystem. This sharp-tailed grouse. Chequamegon-Nicolet Schedule of Proposed Actions, and is viewable on includes the restoration of the structure A closed ATV play area (20 acres in the Forest Web page at http:// and species composition of the size) would be rehabilitated by restoring www.fs.fed.us/r9/cnnf/. Click on vegetation; the creation of habitat native ground cover, planting trees, and conditions needed for wildlife; and to ‘‘Project Proposals and Decisions,’’ then reshaping major rills and gullies. To ‘‘Northwest Sands Project.’’ the extent possible, the re-creation of provide a road system that meets the natural disturbance processes, such as long term transportation needs and Preliminary Issues fire, which are essential components of fosters the restoration of the pine The following issues will be analyzed a properly functioning pine barrens barrens ecosystem the following road in the EIS: effects of the proposed ecosystem. For this phase of the actions are proposed: Decommission activities on soils, water, air quality, restoration effort, the following specific approximately 55 miles of roads (49 of Regional Forester Sensitive Species needs were identified: (1) Restore the the 55 miles are currently closed on the plants and wildlife, and non-native vegetation species composition and ground by overgrown vegetation and invasive species. structure that typified the pine barrens (or) berms); convert 1 mile to trail; that existed under a natural disturbance convert 3 miles to fireline; re-construct Comment Requested regime; (2) Re-establish fire as a process (on existing corridors such as old roads This notice of intent initiates the in the restoration of the pine barrens or fireline) 17 miles of temporary road; scoping process which guides the ecosystem; (3) Restore small, open areas and construct an estimated 6 miles of development of the environmental and ‘‘pocket barrens’’ as a component of temporary road to facilitate the initial impact statement. the overall landscape; (4) Improve timber harvest. Early Notice of Importance of Public habitat for wildlife species that rely on Participation in Subsequent the pine barrens ecosystem; (5) Possible Alternatives Environmental Review: A draft Rehabilitate the closed ATV play area environmental impact statement will be located in the pine barren management Three alternatives to the Proposed prepared for comment. The comment area; and (6) Provide a road system that Action are being developed in response period on the draft environmental meets the long term transportation to public comments received. One impact statement will be 45 days from needs, fosters the restoration of the pine alternative increases the quantity and the date the Environmental Protection barrens ecosystem and reduces overall reduces the desired brush cover of the Agency publishes the notice of road density. open barrens component (<1 tree per availability in the Federal Register. acre) of the pine barren ecosystem. This The Forest Service believes, at this Proposed Action would result in some additional harvest early stage, it is important to give In order to address the needs and mechanical treatment, and reviewers notice of several court rulings identified above, approximately 6,250 increasing the frequency/intensity of related to public participation in the acres would be harvested to the desired prescribed fire in the open barrens environmental review process. First, density of trees for the structure of a designated area. In the two other reviewers of draft environmental impact pine barren ecosystem. Of the 6,250 alternatives implementation of timber statements must structure their approximately 1,800 acres of harvest is harvesting activities and subsequent participation in the environmental considered sub merchantable (<4 inches treatments would occur over a longer review of the proposal so that it is in diameter) or low quality. period of time. Both alternatives modify meaningful and alerts an agency to the Approximately 14,850 acres of the rate of harvest to include multiple reviewer’s position and contentions. prescribed fire would be conducted to harvests (verses 1 harvest entry in the Vermont Yankee Nuclear Power Corp. v. re-establish fire as a process in the proposed action) over a 15 year period NRDC, 435 U.S. 519, 553 (1978). Also, restoration of the pine barrens to a selected numbers of stands. One environmental objections that could be ecosystem. In order to restore small, alternative also delays the prescribed raised at the draft environmental impact open areas and pocket barrens burning in the multiple harvest stands statement stage but that are not raised approximately 285 acres would be and the other does not. This potentially until after completion of the final mechanically treated either by harvest, would result in a difference in the environmental impact statement may be brushing and (or) prescribed burning. flexibility of implementation of the waived or dismissed by the courts. City The proposed treatment activities project, wind firmness of the residual of Angoon v. Hodel, 803 F.2d 1016, described above would greatly improve trees, risk of invasive species 1022 (9th Cir. 1986) and Wisconsin habitat conditions for wildlife infestation, and the overall economics of Heritages, Inc. v. Harris, 490 F. Supp. associated with barrens habitat. As part the management activities. 1334, 1338 (E.D. Wis. 1980). Because of

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these court rulings, it is very important additional analysis and disclosure on Forest Supervisor Robert MacWhorter that those interested in this proposed the effects of the proposed action on withdrew the decision in October 2008 action participate by the close of the 45- unroaded and undeveloped areas and directed the PRMP Interdisciplinary day comment period so that substantive identified on a 2005 draft map produced Team to prepare a Supplement to the comments and objections are made during forest plan revision as part of a FEIS that discloses the impacts to the available to the Forest Service at a time required inventory and evaluation of wilderness potential of the Pacer Lake, when it can meaningfully consider them areas with wilderness potential. This Antimony, and Dry Lake areas and respond to them in the final analysis will focus on the impacts to the inventoried during forest plan revision. environmental impact statement. wilderness attributes of the three areas The Record of Decision for the SEIS will To assist the Forest Service in being affected by the proposed action. be appealable under 36 CFR 215 and identifying and considering issues and DATES: Comments concerning the scope should only address those items concerns on the proposed action, of the analysis must be received by pertinent to the disclosure of effects to comments on the draft environmental February 15, 2009. The draft the wilderness attributes of these areas. impact statement should be as specific supplement to the final environmental Comment Requested as possible. It is also helpful if impact statement is expected in March comments refer to specific pages or Early Notice of Importance of Public 2009 and the final environmental Participation in Subsequent chapters of the draft statement. impact statement is expected May 2009. Comments may also address the Environmental Review: A draft adequacy of the draft environmental ADDRESSES: Send written comments to supplement to the final environmental impact statement or the merits of the Georgina Lampman, District Ranger, impact statement will be prepared for alternatives formulated and discussed in P.O. Box 246, Escalante, Utah 84726. comment. The comment period on the the statement. Reviewers may wish to Written comments should be specific draft supplement will be 45 days from refer to the Council on Environmental and should be limited to the scope of the date the Environmental Protection Quality Regulations for implementing this supplement. If you do not have any Agency publishes the notice of the procedural provisions of the comments, but wish to remain on the availability in the Federal Register. The National Environmental Policy Act at 40 mailing list for this proposal, please Forest Service believes, at this early CFR 1503.3 in addressing these points. send a letter to the above address, or e- stage, it is important to give reviewers Comments received, including the mail address listed below and request to notice of several court rulings related to names and addresses of those who be kept informed about the proposal. An public participation in the comment, will be considered part of the e-mail comment mailbox is established environmental review process. First, public record on this proposal and will for receiving comments electronically reviewers of draft environmental impact be available for public inspection. at: comments-intermtn-dixie- statements must structure their [email protected]. Please use the participation in the environmental Authority: 40 CFR 1501.7 and 1508.22; review of the proposal so that it is Forest Service Handbook 1909.15, Section project name (Pockets Resource 21. Management Project) as the subject line meaningful and alerts an agency to the in your e-mail comment message. reviewer’s position and contentions. Dated: December 1, 2008. Electronic comments must be submitted Vermont Yankee Nuclear Power Corp. v. Jeanne Higgins, in a format such as an e-mail message, NRDC, 435 U.S. 519, 553 (1978). Also, Forest Supervisor. plain text (.txt), rich text format (.rtf), or environmental objections that could be [FR Doc. E8–29439 Filed 12–12–08; 8:45 am] Word (.doc). raised at the draft environmental impact BILLING CODE 3410–11–P statement stage but that are not raised FOR FURTHER INFORMATION CONTACT: Mail written correspondence to Marianne until after completion of the final environmental impact statement may be DEPARTMENT OF AGRICULTURE Orton, Interdisciplinary Team Leader, Powell Ranger Station, P.O. Box 80, waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, Panguitch, Utah 84759. Forest Service 1022 (9th Cir. 1986) and Wisconsin SUPPLEMENTARY INFORMATION: Heritages, Inc. v. Harris, 490 F. Supp. Escalante Ranger District, Dixie On June 16, 2006 a Notice of Intent to National Forest; UT; Pockets Resource 1334, 1338 (E.D. Wis. 1980). Because of prepare an environmental impact these court rulings, it is very important Management Forest Service, USDA statement for the Pockets Resource that those interested in this proposed ACTION: Notice of intent to prepare a Management Project (PRMP) was action participate by the close of the 45 supplement to the final environmental published in the Federal Register. In day comment period so that timely impact statement. November 2007 the Notice of comments and objections are made Availability of the draft environmental available to the Forest Service at a time SUMMARY: The USDA Forest Service impact statement for the PRMP was when it can meaningfully consider them announces its intent to prepare a published in the Federal Register. On and respond to them in the final supplement to the Pockets Resource July 14, 2008, Robert MacWhorter, Dixie supplement to the environmental Management Project (PRMP) Final National Forest Supervisor, signed the impact statement. Environmental Impact Statement (FEIS). Record of Decision for the Pockets To assist the Forest Service in PRMP FEIS evaluated alternatives for Resource Management Project Final identifying and considering issues and vegetation management and associated Environmental Impact Statement and concerns on the proposed supplement, road improvements within the the NOA was published on August 1, comments should be as specific as Englemann spruce/subalpine fir and 2008. Three organizations including possible. It is also helpful if comments aspen forest types on the Escalante Utah Environmental Congress, Forest refer to specific pages of the draft Ranger District, Dixie National Forest. Guardians, and Sierra Club, Utah supplement to the statement. Comments The original proposed action and Chapter, appealed Forest Supervisor may also address the adequacy of the subsequent analysis disclosed in the Robert MacWhorter’s decision stating a draft supplement or the merits of the FEIS remains unchanged. The purpose lack of disclosure on impacts to areas disclosure formulated and discussed in of this supplement is to provide with wilderness potential. this supplement. Reviewers may wish to

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refer to the Council on Environmental and 15 CFR 325.6(a) require the 111 Pictures Ltd, London, United Quality Regulations for implementing Secretary to publish a notice in the Kingdom. the procedural provisions of the Federal Register identifying the 2929 International, LLC, Beverly Hills, National Environmental Policy Act at 40 applicant and summarizing its proposed CA. CFR 1503.3 in addressing these points. export conduct. Action Concept Film und Comments received, including the Stuntproduktion GmbH, Huerth/ Request for Public Comments names and addresses of those who Cologne, Germany. comment, will be considered part of the Interested parties may submit written Alliance Group Entertainment, Las public record on this proposal and will comments relevant to the determination Vegas, NV. be available for public inspection. whether an amended Certificate should Alpine Pictures, Inc., Burbank, CA. Authority: 40 CFR 1501.7 and 1508.22; be issued. If the comments include any American Cinema International, Van Forest Service Handbook 1909.15, Section privileged or confidential business Nuys, CA. 21. information, it must be clearly marked American World Pictures, Encino, CA. and a non-confidential version of the Artist View Entertainment, Inc., Studio Responsible Official comments (identified as such) should be City, CA. Robert G. MacWhorter, Forest included. Any comments not marked as AV Pictures Ltd, London, United Supervisor, Dixie National Forest, 1789 privileged or confidential business Kingdom. N. Wedgewood Lane, Cedar City, Utah information will be deemed to be non- Bleiberg Entertainment, Beverly Hills, 84721. confidential. An original and five (5) CA. Dated: December 4, 2008. copies, plus two (2) copies of the non- Boll AG, Mainz, Germany. Bold Films L.P., Los Angeles, CA. Robert G. MacWhorter, confidential version, should be submitted no later than 20 days after the Brainstorm Media, Beverly Hills, CA. Forest Supervisor date of this notice to: Export Trading Brightlight Pictures, Inc., Burnaby, [FR Doc. E8–29429 Filed 12–12–08; 8:45 am] Company Affairs, International Trade Canada. BILLING CODE 3410–11–M Administration, U.S. Department of Capella International, Inc., Los Angeles, Commerce, Room 7021–B H, CA. Washington, DC 20230. Information Celluloid Dreams, Paris, France. DEPARTMENT OF COMMERCE submitted by any person is exempt from Cinamour Entertainment, Encino, CA. disclosure under the Freedom of Cine Excel Entertainment, Inc., Gardena, International Trade Administration Information Act (5 U.S.C. 552). CA. Cinema Management Group, West Export Trade Certificate of Review However, non-confidential versions of the comments will be made available to Hollywood, CA. ACTION: Notice of application to amend the applicant if necessary for Cinesavvy, Inc., Toronto, Canada. an Export Trade Certificate of Review determining whether or not to issue the CJ Entertainment, Inc., Seoul, Republic issued to independent film & television Certificate. Comments should refer to of (South) Korea. alliance. this application as ‘‘Export Trade Classic Media, Inc., New York, NY. Certificate of Review, application Comerica Entertainment Group, Los SUMMARY: Export Trading Company number 87–8A001.’’ Angeles, CA. Affairs (‘‘ETCA’’), International Trade A summary of the application for an ContentFilm International, London, Administration, Department of amendment follows. United Kingdom. Commerce, has received an application Continental Entertainment Capital, to amend an Export Trade Certificate of Summary of the Application: Beverly Hills, CA. Review (‘‘Certificate’’). This notice Applicant: Independent Film & DeAPlaneta, Barcelona, Spain. summarizes the proposed amendment Television Alliance (‘‘IFTA’’), 10850 Distribution Workshop, Kowloon Tong, and requests comments relevant to Wilshire Blvd., 9th Floor, Los Angeles, Hong Kong. E! Entertainment Television Networks, whether the Certificate should be CA 90024. Los Angeles, CA. issued. Contact: Jerald A. Jacobs, Attorney to Ealing Studios International, London, IFTA, Telephone: (202) 663–8011. FOR FURTHER INFORMATION CONTACT: United Kingdom. Jeffrey Anspacher, Director, Export Application No.: 87–8A001. Echo Bridge Entertainment, Needham, Trading Company Affairs, International Date Deemed Submitted: December 1, MA. Trade Administration, (202) 482–5131 2008. Emperor Motion Pictures, Wanchai, (this is not a toll-free number) or e-mail The original IFTA Certificate was Hong Kong. at [email protected]. issued on April 10, 1987 (52 FR 12578, Epic Pictures Group, Inc., Beverly Hills, SUPPLEMENTARY INFORMATION: Title III of April 17, 1987), and last amended on CA. the Export Trading Company Act of August 6, 2003 (68 FR 48342, August Essential Entertainment, Los Angeles, 1982 (15 U.S.C. 4001–21) authorizes the 13, 2003). CA. Secretary of Commerce to issue Export Proposed Amendment: IFTA seeks to EuropaCorp, Paris, France. Trade Certificates of Review. An Export amend its Certificate to: Fabrication Films, Los Angeles, CA. Trade Certificate of Review protects the 1. Change name of the Certificate Film Department (The), West holder and the members identified in holder from ‘‘American Film Marketing Hollywood, CA. the Certificate from State and Federal Association’’ to the new listing First California Bank, Los Angeles, CA. Government antitrust actions and from ‘‘Independent Film & Television First Look Studios, Century City, CA. private treble damage antitrust actions Alliance’’. Foresight Unlimited, Bel Air, CA. for the export conduct specified in the 2. Add each of the following Freemantle Corp. (The), Toronto, Certificate and carried out in companies as a new ‘‘Member’’ of the Canada. compliance with its terms and Certificate within the meaning of Fries Film Group, Inc., Woodland Hills, conditions. Section 302(b)(1) of the section 325.2(1) of the Regulations (15 CA. Export Trading Company Act of 1982 CFR 325.2(1)): Gaumont, Neuilly-sur-Seine, France.

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GK Films LLC, Santa Monica, CA. Peninsular Media, Bucks, United China Star Entertainment Group, TST, Golden Network Asia Limited, Kingdom. Kowloon, Hong Kong. Kowloon, Hong Kong. QED International, Los Angeles, CA. Cinema Financial Services, Inc., New GreeneStreet Films, New York, NY. Quantum Releasing LLC, Burbank, CA. York, NY. GT Media a Gaiam Company, New York, RHI Entertainment Distribution, LLC, Cinequanon Pictures International, Los NY. New York, NY. Angeles, CA. HandMade Films International, London, Rigel Entertainment, Los Angeles, CA. CLT–UFA, Beverly Hills, CA. United Kingdom. Screen Capital International, Beverly Comerica Bank—California, Los Hollywood Wizard, Northridge, CA. Hills, CA. Angeles, CA. Hyde Park Entertainment, Sherman Screen Media Ventures, LLC, New York, Concorde-New Horizons Corporation, Oaks, CA. NY. Los Angeles, CA. ICB Entertainment Finance, Glendale, SND, Neuilly sur Seine, France. Cori International: Film and Television, CA. Sobini Films, Santa Monica, CA. Los Angeles, CA. IM Global, Beverly Hills, CA. Spotlight Pictures, LLC, Hollywood, CA. Coutts & Co./Natwest Group, Beverly Imageworks Entertainment Starz Media, Burbank, CA. Hills, CA. International, Inc., Chatsworth, CA. SteelBridge Film Works, Inc., Crown International. Imagi Services (USA) Limited, Sherman Clearwater, FL. Discovery Communications, Inc., Oaks, CA. Stevens Entertainment Group, Dallas, Bethesda, MD. Imagination Worldwide, LLC, Beverly TX. DZ Bank, London, United Kingdom. Hills, CA. Tandem Communications, Munich, Film Roman, Inc., Los Angeles, CA. Independent Film Sales, London, Germany. Filmfour International, London, United United Kingdom. Taurus Entertainment Company, Kingdom. Insight Film Releasing Ltd., Vancouver, Glendale, CA. Films (Guernsey) Limited. Canada. U.S. Bank, Los Angeles, CA. Fleetboston Financial, Boston, MA. INT Distribution, Inc., Las Vegas, NV. UFO International Productions, Franchise Pictures LLC. Full Moon Pictures, Hollywood, CA. Intandem Films, London, United Burbank, CA. G.E.L. Productions, Los Angeles, CA. Kingdom. UK Film Council, London, United Golden Harvest Entertainment Co., Ltd. J.A. Media Ltd., Beijing, China. Kingdom. K5 International GmbH, Muenchen, Good Times Entertainment, Inc., Bel Union Bank of California, Los Angeles, Air, CA. Germany. CA. Kimmel International, New York, NY. Hamdon Entertainment, Studio City, Vision Films, Sherman Oaks, CA. VA. Koan, Inc., Park City, UT. Voltage Pictures, Los Angeles, CA. Laguna Productions, Inc., Santa Clarita, Han Entertainment, Hong Kong. Wachovia Bank, Los Angeles, CA. HBO Enterprises. CA. Weinstein Company (The), New York, Hollywood Previews Entertainment, Liberation Entertainment, Inc., Los NY. Inc., Santa Monica, CA. Angeles, CA. Wild Bunch, Paris, France. Horizon Entertainment. Little Film Company (The), Studio City, Worldwide Film Entertainment LLC, Horizon Motion Pictures, Inc. CA. Los Angeles, CA. IAC Film & Television, London, United Mainline Releasing, Santa Monica, CA. Yari Film Group, LLC, Los Angeles, CA. Kingdom. Mammoth Distribution, Encino, CA. York International, Sherman Oaks, CA; Imperial Entertainment Group, Beverly MarVista Entertainment, Los Angeles, 3. Delete the following companies as Hills, CA. CA. ‘‘Members’’ of the Certificate: IN-Motion Pictures, Ltd. Maverick Global, a division of Maverick Initial Entertainment, Los Angeles, CA. Entertainment Group, Inc., Deerfield, Alliance Communications Corporation, Beverly Hills, CA. Interlight Pictures, W. Hollywood, CA. FL. Intermedia, London, United Kingdom. Media 8 Entertainment, Sherman Oaks, Alliance Atlantis Communication Corp., Intra Movies SRL, Rome, Italy. CA. Toronto, Canada. J&M Entertainment, Los Angeles, CA. Media Luna Entertainment, Cologne, Arrow Films International Inc., New JP Morgan. Germany. York, NY. Kevin Williams Associates, S.A. Meridian Pictures, Shanghai, China. Artisan Entertainment. King World Productions, Inc., New Myriad Pictures, Santa Monica, CA. Bank of America. York, NY. Neoclassics Film Ltd., Los Angeles, CA. Banque Paribas, Los Angeles, CA. Lewis Horwitz Organization, Los New Films International, Sherman Behaviour Worldwide, Inc., Los Angeles, CA. Oaks, CA. Angeles, CA. Lolafilms. New Horizons Picture Corp., Los Beyond Films Ltd. Lumiere International, Los Angeles, CA. Angeles, CA. Big Bear Licensing Corporation, Inc., Mandate Pictures—not on current NonStop Sales AB, Stockholm, Sweden. Los Angeles, CA. members list. Nordisk Film A/S, Valby, Denmark. Bonneville Worldwide Entertainment, Marquee Entertainment Inc., Los North by Northwest Entertainment, Encino, CA. Angeles, CA. Spokane, WA. British Film Institute. MCEG Sterling Entertainment, Los Odd Lot International, Culver City, CA. Broadstar Entertainment Corporation, Angeles, CA. Paramount Vantage International, Los Hollywood, CA. Melrose Entertainment, Inc., Beverly Angeles, CA. Buena Vista Film Sales, Burbank, CA. Hills, CA. Park Entertainment Ltd., London, Buena Vista Television. Miramax International, Los Angeles, United Kingdom. BV International Pictures AS. CA. Passport International Entertainment, Carnaby International, London, United MTG Media Properties, Ltd., New York, LLC, Los Angeles, CA. Kingdom. NY. Peace Arch Entertainment, Marina Del Castle Hill Productions, Inc. Noble Productions, Inc., Los Angeles, Rey, CA. Cecchi Gori Group. CA.

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North American Releasing, Inc., Crystal Sky Communications, Los NOAA Office of General Counsel, at Vancouver, Canada. Angeles, CA to Crystal Sky Worldwide (301) 713–7393 or via e-mail at Oasis Pictures, Los Angeles, CA. Sales, LLC, Los Angeles, CA; Liberty [email protected]. October Films International, New York, International Entertainment, Los SUPPLEMENTARY INFORMATION: NY. Angeles, CA to Liberation On June 6, 2008, Broadwater filed Overseas Film Group/First Look Entertainment, Los Angeles, CA; notice of an appeal with the Secretary Pictures, Los Angeles, CA. Lakeshore International Corp., of Commerce (Secretary) pursuant to P.C. Films Corporation. Hollywood, CA to Lakeshore Section 307 of the Coastal Zone P.M. Entertainment, Sunland, CA. Entertainment Group, Beverly Hills, CA; Pacific Century Bank, Encino, CA. Management Act of 1972 (CZMA), 16 Lions Gate Films International, Los U.S.C. 1456, and NOAA’s implementing Pandora Cinema, Santa Monica, CA. Angeles, CA to LIONSGATE, Santa Pearson Television International, Los regulations found at 15 CFR Part 930, Monica, CA; North by Northwest Subpart H. Broadwater appealed an Angeles, CA. Distribution, Spokane, WA to North by Phoenician Entertainment, Sherman objection by the New York State Northwest Entertainment, Spokane, Oaks, CA. Department of State (New York) to WA; Pathe International, Paris, France Playboy Entertainment Group, Inc., Broadwater’s proposal to construct and to Pathe Distribution, Paris, France; Beverly Hills, CA. operate a floating liquefied natural gas Popcorn Movies—not on current Regent Entertainment, Los Angeles, CA (LNG) terminal and associated pipeline, members list. to Regent Worldwide Sales LLC, Los which would be located in the New Powerhouse Entertainment Group, Inc., Angeles, CA; The Works, London, York waters of Long Island Sound. The Beverly Hills, CA. United Kingdom to Works International Secretary published a Notice of Appeal Quadra Entertainment, Beverly Hills, (The), London, United Kingdom. in the Federal Register on July 7, 2008. CA. Dated: December 9, 2008. Under the CZMA, the Secretary may Quixote Productions, Los Angeles, CA. Jeffrey Anspacher, override New York’s objection on the Redwood Communications, Venice, CA. Director, Export Trading Company Affairs. grounds that the project is consistent Renaissance Films, Ltd. [FR Doc. E8–29538 Filed 12–12–08; 8:45 am] with the objectives or purposes of the Republic Bank California N.A., Beverly CZMA or otherwise necessary in the BILLING CODE 3510–DR–P Hills, CA. interest of national security. To make Republic Entertainment, Inc., Los the determination that the proposed Angeles, CA. DEPARTMENT OF COMMERCE activity is ‘‘consistent with the RKO Pictures. objectives or purposes of the CZMA,’’ Rysher Entertainment, Santa Monica, National Oceanic and Atmospheric the Secretary must find that: (1) The CA. Administration proposed activity furthers the national Scanbox International, Inc., Studio City, interest as articulated in sections 302 or CA. Federal Consistency Appeal by 303 of the CZMA, in a significant or Seven Arts Entertainment, Hollywood, Broadwater Energy LLC and substantial manner; (2) the adverse CA. Broadwater Pipeline LLC effects of the proposed activity do not Shapiro/Glickenhaus Ent., Studio City, AGENCY: National Oceanic and outweigh its contribution to the national CA. interest, when those effects are Shooting Gallery, The, Beverly Hills, Atmospheric Administration (NOAA), considered separately or cumulatively; CA. Department of Commerce. and (3) no reasonable alternative is Silicon Valley Bank for the activities of ACTION: Notice of Stay—Closure of available that would permit the activity its Entertainment Division, Los Administrative Appeal Decision Record. to be conducted in a manner consistent Angeles, CA. Silver Star Film Corp., Los Angeles, CA. SUMMARY: This announcement provides with enforceable policies of the coastal Solo Entertainment Group, Inc., Beverly notice that the Department of Commerce management program. 15 CFR 930.121. Hills, CA. has stayed, for a period of 60 days, The Secretary must close the decision Spelling Films International, Los closure of the decision record in an record in a federal consistency appeal Angeles, CA. administrative appeal filed by 160 days after the Notice of Appeal is Splendid Pictures, Inc., Bel Air, CA. Broadwater Energy LLC and Broadwater published in the Federal Register. 15 Stadtsparkasse Koeln, Entertainment Pipeline LLC (collectively, Broadwater) CFR 930.130(a)(1). However, the CZMA Finance. under the Coastal Zone Management authorizes the Secretary to stay closing Starway International, Los Angeles, CA. Act, 16 U.S.C. 1456 (hereinafter, the decision record for up to 60 days The Norkat Company Limited, Beverly Broadwater Federal Consistency when the Secretary determines it Hills, CA. Appeal). necessary to receive, on an expedited Tomorrow Film Corporation. basis, any supplemental information DATES: The decision record for the Trident Releasing. specifically requested by the Secretary Trimark Pictures, Santa Monica, CA. Broadwater Federal Consistency Appeal to complete a consistency review or any Trust Films (merged with Nordisk). will now close on February 13, 2009. clarifying information submitted by a TVA Films, A Division of Group TVA, ADDRESSES: Materials from the appeal party to the proceeding related to Inc., Montreal, Canada. decision record will be available at the information in the consolidated record United Film Distributors, Inc., Los National Oceanic and Atmospheric compiled by the lead Federal permitting Angeles, CA. Administration (NOAA), Office of agency. 15 CFR 930.130(a)(2), (3). Viacom Pictures/Showtime Networks, General Counsel for Ocean Services, After reviewing the Broadwater Universal City, CA. 1305 East-West Highway, Room 6111, Federal Consistency Appeal decision Vine International Pictures, Ltd. Silver Spring, Maryland 20910, and on record developed to date, the Secretary Vision International, Beverly Hills, CA. the following Web site: http:// has decided to solicit supplemental and World Films, Inc, Los Angeles, CA; and www.ogc.doc.gov/czma.htm. clarifying information. In order to allow 4. Change the names of each of the FOR FURTHER INFORMATION CONTACT: receipt of this information, the Secretary following current certificate Members: Jamon L. Bollock, Attorney-Advisor, hereby stays closure of the decision

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record, currently scheduled to occur on upgrade low-power television stations DEPARTMENT OF COMMERCE December 15, 2008, until February 13, from analog to digital service in eligible 2009. rural communities. National Telecommunications and Additional information about the The term ‘‘eligible low-power Information Administration Broadwater Federal Consistency Appeal television station’’ means a low-power Docket No. 0811251523-81524-01 and the CZMA appeal process is television broadcast station, Class A available on the Department of television station, television translator Spectrum Sharing Innovation Test-Bed Commerce’s CZMA Consistency station, or television booster station— Pilot Program Appeals Web site at http:// (1) That is itself broadcasting www.ogc.doc.gov/czma.htm. AGENCY: National Telecommunications exclusively in analog format; and and Information Administration, U.S. (Federal Domestic Assistance Catalog No. (2) That has not converted from Department of Commerce 11.419 Coastal Zone Management Program analog to digital operations prior to the ACTION: Notice, Request for Comments Assistance.) date of enactment of the Digital Dated: December 10, 2008. Television Transition and Public Safety SUMMARY: This notice describes and Joel La Bissonniere, Act of 2005. seeks comment on the types and depth Assistant General Counsel for Ocean Services, II. Method of Collection of testing that the National NOAA. Telecommunications and Information [FR Doc. E8–29595 Filed 12–12–08; 8:45 am] The proposed form will be submitted Administration (NTIA) intends to BILLING CODE 3510–22–P electronically via the Internet or mail. conduct in Phase I of the Spectrum III. Data Sharing Innovation Test-Bed pilot program to assess whether devices DEPARTMENT OF COMMERCE OMB Control Number: None. employing Dynamic Spectrum Access Form Number: None. techniques can share the frequency National Telecommunications and Type of Review: Regular submission. spectrum with land mobile radio Information Administration Affected Public: Business or other for- systems. Proposed Information Collection; profit organizations, not-for-profit DATES: Comments are due on or before Comment Request; Low-Power institutions, state or local government December 30, 2008. Television and Translator Digital agencies; individuals or households. ADDRESSES: Comments should be sent to Upgrade Program Application Form Estimated Number of Total the attention of Ed Drocella, Office of Respondents: 5,000. Spectrum Management, 1401 ACTION: Notice. Estimated Time Per Response: 3 Constitution Avenue, N.W., Room 6725, SUMMARY: The U.S. Department of hours. Washington DC, 20230; by facsimile Commerce, as part of its continuing Estimated Total Annual Burden transmission to (202) 482–4595; or by effort to reduce paperwork and Hours: 15,000. electronic mail to [email protected]. respondent burden, invites the general Estimated Total Annual Cost to the FOR FURTHER INFORMATION CONTACT: Ed public and other Federal agencies to Public: $0. Drocella at 202–482–2608 or [email protected]. comment on a proposed information IV. Request for Comments collection as required by the Paperwork SUPPLEMENTARY INFORMATION: Reduction Act of 1995, Public Law 104– Comments are invited on: (a) Whether 13 (44 U.S.C. 3506(c)(2)(A)). the proposed collection of information I. Background DATES: Written comments must be is necessary for the proper performance One of the recommendations in the submitted on or before February 13, of the functions of the agency, including Department of Commerce reports for the 2009. whether the information will have Presidential Spectrum Policy Initiative practical utility; (b) the accuracy of the ADDRESSES: Direct all written comments directed NTIA, in coordination with the agency’s estimate of the burden to Diana Hynek, Departmental Federal Communications Commission (including hours and cost) of the Paperwork Clearance Officer, U.S. (FCC) and other Federal agencies, to proposed collection of information; (c) Department of Commerce, Room 7845, establish a Spectrum Sharing Innovation ways to enhance the quality, utility, and 1401 Constitution Avenue, NW., Test-Bed (Test-Bed) pilot program to clarity of the information to be Washington, DC 20230 (or via the examine the feasibility of increased collected; and (d) ways to minimize the Internet at [email protected]). sharing between Federal and non- burden of the collection of information Federal users. This pilot program is one FOR FURTHER INFORMATION CONTACT: on respondents, e.g., the use of of the key elements of the President’s Requests for additional information or automated collection techniques or 21st Century Spectrum Policy Initiative copies of the information collection other forms of information technology. and is an opportunity for Federal instrument(s) and instructions should Comments submitted in response to agencies to work cooperatively with be directed to Clifton Beck, NTIA, Room this notice will be summarized and/or industry, researchers, and academia to H–4888, U.S. Department of Commerce, included in the request for OMB objectively evaluate new technologies 1401 Constitution Avenue, NW., approval of the information collection; that can improve management of the Washington, DC 20230. they also will become a matter of public nation’s airwaves. SUPPLEMENTARY INFORMATION: record. On February 5, 2008, NTIA published I. Abstract Dated: December 9, 2008. a Notice in the Federal Register 1 Gwellnar Banks, describing the Test-Bed pilot program. The purpose of the Low-power Concurrently, the FCC released a Public Television and Translator Digital Management Analyst, Office of the Chief Information Officer. Upgrade Program is to assist each 1 Spectrum Sharing Test-Bed, 73 Fed. Reg. 6,710 eligible low-power television station to [FR Doc. E8–29529 Filed 12–12–08; 8:45 am] (NTIA February 5, 2008) (notice of solicitation of receive reimbursement for equipment to BILLING CODE 3510–60–P participation).

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Notice (PN) designating 10 MHz of non- II. Request for Comments Innovation Nomination Application to Federal spectrum to be used in the Test- As discussed in the February 2008 recognize through nomination an Bed pilot program and providing Federal Register Notice, a peer review individual’s or company’s extraordinary 2 guidance for participants. As described process will be employed to give the leadership and innovation in in the Notice and the PN, the Test-Bed public an opportunity to participate in technological achievement. The pilot program will evaluate the ability of the development of test plans for the application must be accompanied by at Dynamic Spectrum Access (DSA) Test-Bed pilot program.5 A copy of the least six letters of recommendation or devices employing spectrum sensing draft Phase I test plan is available in support from individuals who have and/or geo-location techniques to share HTML, Word, and PDF formats on the first-hand knowledge of the cited spectrum with land mobile radio (LMR) following website: achievement(s). systems operating in the 410–420 MHz http://www.ntia.doc.gov/ntiahome/ Affected Public: Individuals or Federal band and in the 470–512 MHz frnotices/2006/spectrumshare/ households; business or other for-profit. non-Federal band.3 To address potential comments.htm. Frequency: On occasion. interference to incumbent spectrum On or before December 30, 2008, Respondent’s Obligation: Voluntary. users, the Test-Bed will include both interested parties wishing to comment OMB Desk Officer: Nicholas A. Fraser, laboratory and field measurements on the draft Phase I test plan should e-mail: [email protected]. performed in three phases: submit to the address set forth above, Once submitted, the request will be Phase I Equipment Characterization. their name, address, phone number, e- publically available in electronic format Equipment employing DSA techniques mail address and their comments. NTIA through the Information Collection will be sent to the NTIA Institute for will publish the final version of the Review page at www.reginfo.gov. Telecommunication Sciences in Phase I test plan on its website. Copies of the above information collection proposal can be obtained by Boulder, Colorado to undergo Dated: December 10, 2008. characterization measurements of the any of the following methods: Kathy D. Smith, • E-mail: [email protected]. DSA capabilities in response to Chief Counsel, National Telecommunications Include ‘‘0651–00xx National Medal of simulated environmental signals. and Information Administration. Technology and Innovation Nomination Phase II Evaluation of Capabilities. [FR Doc. E8–29631 Filed 12–12–08; 8:45 am] Application copy request’’ in the subject After successful completion of Phase I, BILLING CODE 3510–60–S line of the message. the DSA spectrum sensing and/or geo- • Fax: 571–273–0112, marked to the location capabilities of the equipment attention of Susan K. Fawcett. will be evaluated in the geographic area DEPARTMENT OF COMMERCE • Mail: Susan K. Fawcett, Records of the Test-Bed. Officer, Office of the Chief Information Phase III Field Operation Evaluation. Patent and Trademark Office Officer, Customer Information Services After successful completion of Phase II, Group, Public Information Services Submission for OMB Review; the DSA equipment will be permitted to Division, U.S. Patent and Trademark Comment Request transmit in an actual radio frequency Office, P.O. Box 1450, Alexandria, VA signal environment. An automatic signal The United States Patent and 22313–1450. logging capability will be used during Trademark Office (USPTO) will submit Written comments and operation of the Test-Bed to help resolve to the Office of Management and Budget recommendations for the proposed interference events if they occur. A (OMB) for clearance the following information collection should be sent on point-of-contact will also be established proposal for collection of information or before January 14, 2009 to to stop Test-Bed operations if under the provisions of the Paperwork [email protected] or by interference is reported. Reduction Act (44 U.S.C. Chapter 35). fax (202) 395–5167, marked to the Eleven parties submitted solicitations Agency: United States Patent and attention of Nicholas A. Fraser. of interest to participate in the Test-Bed Trademark Office (USPTO). Dated: December 8, 2008. pilot program. As a result of selection Title: National Medal of Technology Susan K. Fawcett, criteria specified in the February 2008 and Innovation Nomination Federal Register Notice, the following Application. Records Officer, USPTO, Office of the Chief Information Officer, Customer Information parties were selected to participate in Form Number(s): N/A. Agency Approval Number: 0651– Services Group, Public Information Services the Test-Bed pilot program: Adapt4 Division. 00xx. LLC, Adaptrum Inc., BAE Systems, [FR Doc. E8–29636 Filed 12–12–08; 8:45 am] Motorola Inc., Shared Spectrum Type of Request: New collection. BILLING CODE 3510–16–P Company, and Virginia Polytechnic Burden: 40 hours annually. Institute and State University.4 Number of Respondents: 1,600 responses per year. Avg. Hours per Response: 40 hours. DEPARTMENT OF DEFENSE 2 See Federal Communications Commission Designates Spectrum and Provides Guidance For The USPTO estimates that it will take Participation in a Spectrum Sharing Innovation the public approximately 40 hours to GENERAL SERVICES Test-Bed, Public Notice, ET Docket No. 06-89, 23 gather and prepare the necessary ADMINISTRATION FCC Rcd. 1654 (Feb. 5, 2008). information, and submit the information 3 Dynamic Spectrum Access technology allows a to the USPTO. NATIONAL AERONAUTICS AND radio device to (i) evaluate its radio frequency SPACE ADMINISTRATION environment using spectrum sensing, geo-location, Needs and Uses: The pubic uses the or a combination of spectrum sensing and geo- National Medal of Technology and [OMB Control No. 9000–0057] location techniques, (ii) determine which frequencies are available for use on a non- 5 There are certain limitations on the peer review Federal Acquisition Regulation; interference basis, and (iii) reconfigure itself to process to take into account the proprietary rights operate on the identified frequencies. of the developers participating in the Test-Bed. As Information Collection; Evaluation of 4 Additional information on the Test-Bed pilot part of the Test-Bed, NTIA may enter into Export Offers program is available at the following website: Cooperative Research and Development Agreements http://www.ntia.doc.gov/ntiahome/frnotices/2006/ or Joint Project Agreements with the equipment AGENCIES: Department of Defense (DoD), spectrumshare/comments.htm. developers. General Services Administration (GSA),

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and National Aeronautics and Space B. Annual Reporting Burden information on those who are to Administration (NASA). Respondents: 100. respond, through the use of appropriate ACTION: Notice of request for public Responses Per Respondent: 4. technological collection techniques or comments regarding an extension to an Annual Responses: 400. other forms of information technology. existing OMB clearance. Hours Per Response: 25. DATES: Submit comments on or before Total Burden Hours: 100. February 13, 2009. SUMMARY: Under the provisions of the Obtaining copies of proposals: ADDRESSES: Submit comments regarding Paperwork Reduction Act of 1995 (44 Requesters may obtain a copy of the this burden estimate or any other aspect U.S.C. Chapter 35), the Federal information collection documents from of this collection of information, Acquisition Regulation (FAR) the General Services Administration, including suggestions for reducing this Secretariat will be submitting to the FAR Secretariat (VPR), Room 4041, 1800 burden to the General Services Office of Management and Budget F Street, NW, Washington, DC 20405, Administration, FAR Secretariat (VPR), (OMB) a request to review and approve telephone (202) 501–4755. Please cite 1800 F Street, NW., Room 4041, an extension of a currently approved OMB Control No. 9000–0057, Washington, DC 20405. information collection requirement Evaluation of Export Offers, in all FOR FURTHER INFORMATION CONTACT: concerning evaluation of export offers. correspondence. Ms. Jeritta Parnell, Procurement Analyst, The clearance currently expires on Dated: December 9, 2008 December 31, 2008. Contract Policy Division, GSA (202) Public comments are particularly Al Matera, 501–4082. invited on: Whether this collection of Contract Policy Division. SUPPLEMENTARY INFORMATION: [FR Doc. E8–29547 Filed 12–12–08; 8:45 am] information is necessary for the proper A. Purpose performance of functions of the FAR, BILLING CODE 6820–EP–S and whether it will have practical Section 5 of the International Air utility; whether our estimate of the transportation Fair Competitive public burden of this collection of DEPARTMENT OF DEFENSE Practices Act of 1974 (49 U.S.C. 1517) information is accurate, and based on (Fly America Act) requires that all GENERAL SERVICES Federal agencies and Government valid assumptions and methodology; ADMINISTRATION ways to enhance the quality, utility, and contractors and subcontractors use U.S.- clarity of the information to be flag air carriers for U.S. Government- NATIONAL AERONAUTICS AND financed international air transportation collected; and ways in which we can SPACE ADMINISTRATION minimize the burden of the collection of of personnel (and their personal effects) information on those who are to OMB Control No. 9000–0054Federal or property, to the extent that service by respond, through the use of appropriate Acquisition Regulation;Information those carriers is available. It requires the technological collection techniques or Collection; Submission for OMB Comptroller General of the United other forms of information technology. Review; U.S.-Flag Air Carriers States, in the absence of satisfactory proof of the necessity for foreign-flag air DATES: Submit comments on or before Certification February 13, 2009. transportation, to disallow expenditures AGENCIES: Department of Defense (DOD), from funds, appropriated or otherwise ADDRESSES: Submit comments regarding General Services Administration (GSA), established for the account of the United this burden estimate or any other aspect and National Aeronautics and Space States, for international air of this collection of information, Administration (NASA). transportation secured aboard a foreign- including suggestions for reducing this ACTION: Notice of request for public flag air carrier if an U.S.-flag carrier is burden to the General Services available to provide such services. In Administration, FAR Secretariat (VPR), comments regarding an extension to an existing OMB clearance. the event that the contractor selects a 1800 F Street, NW, Room 4041, carrier other than an U.S.-flag air carrier Washington, DC 20405. SUMMARY: Under the provisions of the for international air transportation, the FOR FURTHER INFORMATION CONTACT: Ms. Paperwork Reduction Act of 1995 (44 contractor shall include a certification Jeritta Parnell, Contract Policy Division, U.S.C. Chapter 35), the Federal on vouchers involving such GSA (202) 501–4082. Acquisition Regulation (FAR) transportation. The contracting officer SUPPLEMENTARY INFORMATION: Secretariat will be submitting to the uses the information furnished in the Office of Management and Budget A. Purpose certification to determine whether (OMB) a request to review and approve adequate justification exists for the Offers submitted in response to a currently approved information contractor’s use of other than U.S.-flag Government solicitations must be collection requirement concerning air carrier. evaluated and awards made on the basis 9000–0054. The OMB clearance of the lowest laid down cost to the currently expires on December 31, 2008. B. Annual Reporting Burden Government at the overseas port of Public comments are particularly Respondents: 150 discharge, via methods and ports invited on: Whether this collection of Responses Per Respondent: 2. compatible with required delivery dates information is necessary for the proper Annual Responses: 300. and conditions affecting transportation performance of functions of the FAR, Hours Per Response: .25. known at the time of evaluation. Offers and whether it will have practical Total Burden Hours: 75. are evaluated on the basis of shipment utility; whether our estimate of the OBTAINING COPIES OF through the port resulting in the lowest public burden of this collection of PROPOSALS:Requesters may obtain a cost to the Government. This provision information is accurate, and based on copy of the information collection collects information regarding the valid assumptions and methodology; documents from the General Services vendor’s preference for delivery ports. ways to enhance the quality, utility, and Administration, FAR Secretariat (VPR), The information is used to evaluate clarity of the information to be Room 4035, 1800 F Street, NW., offers and award a contract based on the collected; and ways in which we can Washington, DC 20405, telephone (202) lowest cost to the Government. minimize the burden of the collection of 501–4755. Please cite OMB Control No.

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9000–0054, Submission for OMB Dated: December 9, 2008. 2 years; replies to requests for Review; U.S.-Flag Air Carriers Morgan E. Frazier, nonexistent records, to requesters who Certification, in all correspondence. Alternate OSD Federal Register Liaison provide inadequate descriptions, and to Officer, Department of Defense. those who fail to pay agency fees Dated: December 9, 2008. (request not appealed), 2 years; requests T5015c Al Matera, appealed, 6 years after final Director, Office of Acquisition Policy. SYSTEM NAME: determination by agency; control logs, 6 [FR Doc. E8–29550 Filed 12–12–08; 8:45 am] Freedom of Information Act Requests years, report files, 2 years; BILLING CODE 6820–EP–S (April 12, 1999, 64 FR 17634). administrative files, 2 years. Records are destroyed by shredding, pulping, CHANGES: burning or degaussing.’’ DEPARTMENT OF DEFENSE * * * * * * * * * * SYSTEM LOCATIONS: Office of the Secretary SYSTEM MANAGER(S) AND ADDRESS: Delete entry and replace with Delete entry and replace with ‘‘Defense Finance and Accounting ‘‘Defense Finance and Accounting [Docket ID DOD–2008–OS–0157] Service, Corporate Communications and Service, Corporate Communications and Legislative Liaison, 8899 E. 56th Street, Privacy Act of 1974; System of Legislative Liaison, Freedom of Indianapolis, IN 46249–0150. Records Defense Finance and Accounting Information Act/Privacy Act Program Service—Cleveland Center, 1240 East Manager, 8899 E. 56th Street, AGENCY: Defense Finance and Ninth Street, Cleveland, OH 44199– Indianapolis, IN 46249–0150.’’ Accounting Service, DoD. 2055. NOTIFICATION PROCEDURE: Defense Finance and Accounting ACTION: Notice to amend a system of Delete entry and replace with Service—Columbus Center, 4280 East records. ‘‘Individuals seeking to determine 5th Avenue, Columbus, OH 43219– whether information about themselves 1879.’’ SUMMARY: The Defense Finance and is contained in this system of records Accounting Service proposes to amend * * * * * should address written inquiries to the a system of records notice in its AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Defense Finance and Accounting inventory of record systems subject to Delete entry and replace with ‘‘5 Service, Corporate Communications and the Privacy Act of 1974 (5 U.S.C. 552a), U.S.C. 552, the Freedom of Information Legislative Liaison, 8899 E. 56th Street, as amended. Act, as amended, as implemented by Indianapolis, IN 46249–1050. Individuals should provide full name, DATES: The amendments will be DFAS Regulation 5400.7–R; DoD current address, telephone number, and effective on January 14, 2009, unless 5400.7–R, DoD Freedom of Information Act Program, and E.O. 9397 (SSN)’’ other information verifiable for the comments are received that would record itself.’’ result in a contrary determination. * * * * * RECORD ACCESS PROCEDURES: ADDRESSES: Send comments to Ms. ROUTINE USES OF RECORDS MAINTAINED IN THE Linda Krabbenhoft, Freedom of SYSTEM, INCLUDING CATEGORIES OF USERS AND Delete entry and replace with THE PURPOSE OF SUCH USES: Information Act/Privacy Act Program ‘‘Individuals seeking to access records Manager, Defense Finance and In second paragraph add ‘‘DoD’’ about themselves in this system of before ‘‘Blanket Routine Uses.’’ records should address written inquiries Accounting Service, Corporate to the Defense Finance and Accounting Communications and Legislative * * * * * Service, Corporate Communications and Liaison, 8899 E. 56th Street, STORAGE: Legislative Liaison, 8899 E. 56th Street, Indianapolis, IN 46249–0150. Delete entry and replace with ‘‘Paper Indianapolis, IN 46249–1050. FOR FURTHER INFORMATION CONTACT: Ms. records in file folders and electronic Individuals should provide full name, Linda Krabbenhoft at (303) 589–3510. storage media.’’ current address, telephone number, and * * * * * other information verifiable for the SUPPLEMENTARY INFORMATION: The record itself.’’ Defense Finance and Accounting SAFEGUARDS: Service’s record system notices for Delete entry and replace with CONTESTING RECORD PROCEDURES: records systems subject to the Privacy ‘‘Records are stored in an office building Delete entry and replace with ‘‘The Act of 1974 (5 U.S.C. 552a), as amended, protected by guards, controlled DFAS rules for accessing records, for have been published in the Federal screening, use of visitor registers, contesting contents and appealing Register and are available from the electronic access and/or locks. Access to initial agency determinations are Freedom of Information/Privacy Act records is limited to individuals who published in DFAS Regulation 5400.11– Program Manager listed above. are properly screened and cleared on a R; 32 CFR part 324; or may be obtained need-to-know basis in the performance The specific changes to the record from the Freedom of Information/ of their duties. Passwords are used to system being amended are set forth Privacy Act Program Manager, Office of control access to the system data, and Corporate Communications, 6760 E. below followed by the notice, as procedures are in place to detect and amended, published in its entirety. The Irvington Place, Denver, CO 80279– deter browsing and unauthorized 8000.’’ proposed amendments are not within access.’’ the purview of subsection (r) of the * * * * * * * * * * Privacy Act of 1974 (5 U.S.C. 552a), as T5015c amended, which requires the RETENTION AND DISPOSAL: submission of a new or altered system Delete entry and replace with SYSTEM NAME: report. ‘‘Records are retained for a minimum of Freedom of Information Act Requests.

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SYSTEM LOCATION: RETRIEVABILITY: CONTESTING RECORD PROCEDURES: Defense Finance and Accounting Retrieved by individual’s name or by The DFAS rules for accessing records, Service, Corporate Communications and control number assigned to the for contesting contents and appealing Legislative Liaison, 8899 E. 56th Street, individual case file. initial agency determinations are Indianapolis, IN 46249–0150. published in DFAS Regulation 5400.11– Defense Finance and Accounting SAFEGUARDS: R; 32 CFR part 324; or may be obtained Service—Cleveland Center, 1240 East Records are stored in an office from the Freedom of Information/ Ninth Street, Cleveland, OH 44199– building protected by guards, controlled Privacy Act Program Manager, Office of 2055. Corporate Communications, 6760 E. Defense Finance and Accounting screening, use of visitor registers, electronic access and/or locks. Access to Irvington Place, Denver, CO 80279– Service—Columbus Center, 4280 East 8000. 5th Avenue, Columbus, OH 43219– records is limited to individuals who 1879. are properly screened and cleared on a RECORD SOURCE CATEGORIES: need-to-know basis in the performance Information in this system is obtained CATEGORIES OF INDIVIDUALS COVERED BY THE of their duties. Passwords are used to SYSTEM: from requesters, from other federal control access to the system data, and agencies with collateral interest in a All individuals who have requested procedures are in place to detect and request, and from records which were documents under the provisions of the deter browsing and unauthorized the subject of requests. Freedom of Information Act (FOIA) (5 access. U.S.C. 552). EXEMPTIONS CLAIMED FOR THE SYSTEM: RETENTION AND DISPOSAL: CATEGORIES OF RECORDS IN THE SYSTEM: None. Correspondence from the public Records are retained for a minimum [FR Doc. E8–29510 Filed 12–12–08; 8:45 am] of 2 years; replies to requests for requesting information under the BILLING CODE 5001–06–P Freedom of Information Act and the nonexistent records, to requesters who reply, which may include copies of the provide inadequate descriptions, and to released record(s), denials, and appeals. those who fail to pay agency fees DEPARTMENT OF DEFENSE Correspondence pertaining to the (request not appealed), 2 years; requests requests, the information released or appealed, 6 years after final Office of the Secretary determination by agency; control logs, 6 withheld, summaries, logs of actions [Docket ID DOD–2008–OS–0158] taken, and correspondence from and to years, report files, 2 years; other DoD and Federal agencies administrative files, 2 years. Records are Privacy Act of 1974; System of regarding specific requests of mutual destroyed by shredding, pulping, Records interest. burning or degaussing. AGENCY: Defense Logistics Agency, DoD. SYSTEM MANAGER(S) AND ADDRESS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: ACTION: Notice to amend a system of 5 U.S.C. 552, the Freedom of Defense Finance and Accounting records. Information Act, as amended, as Service, Corporate Communications and implemented by DFAS Regulation Legislative Liaison, Freedom of SUMMARY: The Defense Logistics Agency 5400.7–R; DoD 5400.7–R, DoD Freedom Information Act/Privacy Act Program is amending a system of records notice of Information Act Program, and E.O. Manager, 8899 E. 56th Street, in its existing inventory of record 9397 (SSN). Indianapolis, IN 46249–0150. systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. PURPOSE(S): NOTIFICATION PROCEDURE: DATES: This proposed action will be To control administrative processing Individuals seeking to determine effective without further notice on of requests for information made under January 14, 2009 unless comments are the provisions of the Freedom of whether information about themselves is contained in this system of records received which result in a contrary Information Act (FOIA), and to record determination. statistics for the annual FOIA report. should address written inquiries to the Defense Finance and Accounting ADDRESSES: Send comments to the ROUTINE USES OF RECORDS MAINTAINED IN THE Service, Corporate Communications and Privacy Act Officer, Headquarters, SYSTEM, INCLUDING CATEGORIES OF USERS AND Legislative Liaison, 8899 E. 56th Street, Defense Logistics Agency, Attn: DP, THE PURPOSE OF SUCH USES: Indianapolis, IN 46249–1050. 8725 John J. Kingman Road, Stop 2533, In addition to those disclosures Individuals should provide full name, Fort Belvoir, VA 22060–6221. generally permitted under 5 U.S.C. current address, telephone number, and FOR FURTHER INFORMATION CONTACT: Ms. 552a(b) of the Privacy Act, these records other information verifiable for the Jody Sinkler at (703) 767–5045. or information contained therein may record itself. specifically be disclosed outside the SUPPLEMENTARY INFORMATION: The Defense Logistics Agency systems of DoD as a routine use pursuant to 5 RECORD ACCESS PROCEDURES: U.S.C. 552a(b)(3) as follows. records notices subject to the Privacy The DoD ‘Blanket Routine Uses’ Individuals seeking to access records Act of 1974, (5 U.S.C. 552a), as published at the beginning of the DFAS about themselves in this system of amended, have been published in the compilation of systems of records records should address written inquiries Federal Register and are available from notices also apply to this system. to the Defense Finance and Accounting the address above. Service, Corporate Communications and The specific changes to the record POLICIES AND PRACTICES FOR STORING, Legislative Liaison, 8899 E. 56th Street, system being amended are set forth RETRIEVING, ACCESSING, RETAINING, AND Indianapolis, IN 46249–1050. below followed by the notice, as DISPOSITION OF RECORDS IN THE SYSTEM: Individuals should provide full name, amended, published in its entirety. The STORAGE: current address, telephone number, and proposed amendments are not within Paper records in file folders and other information verifiable for the the purview of subsection (r) of the electronic storage media. record itself. Privacy Act of 1974, (5 U.S.C. 552a), as

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amended, which requires the exposures to hazardous materials and In addition, records are maintained at submission of a new or altered system occupational exposure to ionizing the Defense Logistics Support report. radiation. Command, Headquarters, Defense Dated: December 9, 2008. The DoD ‘‘Blanket Routine Uses’’ Logistics Agency, 8725 John J. Kingman Morgan E. Frazier, apply to this system of records.’’ Road, Suite 2533, Fort Belvoir, VA 22060–6221. Alternate OSD Federal Register Liaison * * * * * Officer, Department of Defense. RETRIEVABILITY: CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: S600.10 CAAE Delete entry and replace with ‘‘Retrieved alphabetically by Individuals working in or visiting SYSTEM NAME: individual’s name, Social Security hazardous materials storage areas and Hazardous Materials Occupational Number (SSN), or employee individuals who have been Exposure History Files (September 21, identification number.’’ occupationally exposed to ionizing 1999, 64 FR 51109). * * * * * radiation. CHANGES: NOTIFICATION PROCEDURE: CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM IDENTIFIER: Delete entry and replace with File contains name, Social Security Delete ‘‘CAAE’’ from the entry. ‘‘Individuals seeking to determine Number, badge readings, individual or * * * * * whether information about themselves area exposure monitoring results and is contained in this system of records medical data. SYSTEM LOCATION: should address all written inquiries to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with the Privacy Act Office, Headquarters, ‘‘Records are maintained at the Defense Defense Logistics Agency, Attn: DGA, 5 U.S.C. 7902, Safety Programs; 29 Supply Center Philadelphia (DSCP); the 8725 John J. Kingman Road, Suite 1644, U.S.C. Chapter 15, Occupational Safety Defense Distribution Center (DDC) and Fort Belvoir, VA 22060–6221. and Health; 42 U.S.C. 2201(o), Reports; [all] associated distribution depots; Inquiries should contain the subject and E.O. 9397 (SSN). Defense Supply Center Richmond individual’s full name, Social Security PURPOSE(S): (DSCR); Defense Reutilization and Number (SSN), or employee Marketing Service (DRMS) and [all] identification number.’’ To record and maintain data on associated Defense Reutilization and hazardous materials exposure levels and Marketing Office sites; Defense Energy RECORD ACCESS PROCEDURES: medical status following annual medical Supply Center (DESC); United States Delete entry and replace with examinations and to comply with Army Ionizing Radiation Dosimetry ‘‘Individuals seeking access to reporting requirements. Center (AIRDC), and the Defense information about them contained in National Stockpile Center (DNSC) and this system of records should address all ROUTINE USES OF RECORDS MAINTAINED IN THE [all] associated sites. Mailing addresses written inquiries to the Privacy Act SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: for these locations may be obtained from Office, Headquarters, Defense Logistics the System manager identified below. Agency, Attn: DGA, 8725 John J. In addition to those disclosures In addition, records are maintained at Kingman Road, Suite 1644, Fort Belvoir, generally permitted under 5 U.S.C. the Defense Logistics Support VA 22060–6221. 552a(b) of the Privacy Act, these records Command, Headquarters, Defense Inquiries should contain the subject or information contained therein may Logistics Agency, 8725 John J. Kingman individual’s full name, Social Security specifically be disclosed outside the Road, Suite 2533, Fort Belvoir, VA Number (SSN), or employee DoD as a routine use pursuant to 5 22060–6221.’’ identification number.’’ U.S.C. 552a(b)(3) as follows: * * * * * * * * * * To the U. S. Public Health Service and or supporting medical facilities for the ROUTINE USES OF RECORDS MAINTAINED IN THE S600.10 purpose of conducting medical SYSTEM, INCLUDING CATEGORIES OF USERS AND examinations and evaluations of DLA THE PURPOSES OF SUCH USES: SYSTEM NAME: employees. Delete entry and replace with ‘‘In Hazardous Materials Occupational To the regulatory agencies which addition to those disclosures generally Exposure History Files. regulate the management of hazardous permitted under 5 U.S.C. 552a(b) of the materials and personnel exposure for Privacy Act, these records or SYSTEM LOCATION: reporting purposes. information contained therein may Records are maintained at the Defense To academic and medical institutions specifically be disclosed outside the Supply Center Philadelphia (DSCP); the and non-government agencies for the DoD as a routine use pursuant to 5 Defense Distribution Center (DDC) and purpose of monitoring/evaluating U.S.C. 552a(b)(3) as follows: [all] associated distribution depots; To the U. S. Public Health Service and Defense Supply Center Richmond exposures to hazardous materials and or supporting medical facilities for the (DSCR); Defense Reutilization and occupational exposure to ionizing purpose of conducting medical Marketing Service (DRMS) and [all] radiation. examinations and evaluations of DLA associated Defense Reutilization and The DoD ‘‘Blanket Routine Uses’’ employees. Marketing Office sites; Defense Energy apply to this system of records. Supply Center (DESC); United States To the regulatory agencies which POLICIES AND PRACTICES FOR STORING, regulate the management of hazardous Army Ionizing Radiation Dosimetry RETRIEVING, ACCESSING, RETAINING, AND materials and personnel exposure for Center (AIRDC), and the Defense DISPOSING OF RECORDS: reporting purposes. National Stockpile Center (DNSC) and To academic and medical institutions [all] associated sites. Mailing addresses STORAGE: and non-government agencies for the for these locations may be obtained from Records may be stored on paper and/ purpose of monitoring/evaluating the System manager identified below. or on electronic storage media.

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RETRIEVABILITY: RECORD SOURCE CATEGORIES: Dated: December 9, 2008. Retrieved alphabetically by Information in this system of records Morgan E. Frazier, individual’s name, Social Security is obtained from dosimetric devices Alternate OSD Federal Register Liaison Number (SSN), or employee (area and personnel), other detection Officer, Department of Defense. identification number. instrumentation, work logs, site records HDTRA 013 and assessments, and medical SAFEGUARDS: examinations and surveillance. SYSTEM NAME: Records are secured in locked or Assignment and Correspondence EXEMPTIONS CLAIMED FOR THE SYSTEM: guarded buildings, locked offices, or Tracking System. locked cabinets during non duty hours. None. SYSTEM LOCATION: [FR Doc. E8–29521 Filed 12–12–08; 8:45 am] RETENTION AND DISPOSAL: Headquarters, Defense Threat Records are destroyed 75 years after BILLING CODE 5001–06–P Reduction Agency (DTRA), Office of the birth date of employee, 60 years after Chief of Staff, Attn: Deputy Chief of date of the earliest document in the file DEPARTMENT OF DEFENSE Staff/Administration, 8725 John J. if the date of birth cannot be Kingman Road, Stop 6201, Fort Belvoir, ascertained, or 30 years after latest Office of the Secretary VA 22060–6201. separation, or maintained indefinitely as CATEGORIES OF INDIVIDUALS COVERED BY THE prescribed by law, whichever is later. [Docket ID DOD–2008–OS–0156] SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: Individuals assigning, responding to, Privacy Act of 1974; Systems of or subjects of, correspondence and Staff Director, Environment, Safety Records and Occupational Health, Attn: DES–E, assignments. 8725 John J. Kingman Road, Suite 2639, AGENCY: Defense Threat Reduction CATEGORIES OF RECORDS IN THE SYSTEM: Fort Belvoir, VA 22060–6221, and Agency, DoD. Records may contain an individual’s Heads of the Safety and Health Offices ACTION: Notice to add a system of name, Social Security Number (SSN) at the DLA Field Activities. Official records. within supporting documents, physical mailing addresses are published as an and electronic, home and duty appendix to DLA’s compilation of SUMMARY: The Defense Threat Reduction addresses, and phone numbers, security systems of records notices. Agency is proposing to add a system of clearance data, military or civilian rank/ records to its inventory of record NOTIFICATION PROCEDURE: grade, and correspondence or systems subject to the Privacy Act of supporting documents. Individuals seeking to determine 1974 (5 U.S.C. 552a), as amended. whether information about themselves AUTHORITY FOR MAINTENANCE OF THE SYSTEM: is contained in this system of records DATES: This action will be effective without further notice on January 14, 5 U.S.C. 301, Departmental should address all written inquiries to Regulations; 10 U.S.C. 136, Under the Privacy Act Office, Headquarters, 2009 unless comments are received that would result in a contrary Secretary of Defense for Personnel and Defense Logistics Agency, Attn: DGA, Readiness; and E.O. 9397 (SSN). 8725 John J. Kingman Road, Suite 1644, determination. Fort Belvoir, VA 22060–6221. ADDRESSES: Send comments to the PURPOSE(S): Inquiries should contain the subject Freedom of Information and Privacy Establish an electronic system to individual’s full name, Social Security Office, Defense Threat Reduction improve the ability of DTRA to control Number, or employee identification Agency, 8725 John J. Kingman Road, assignments, correspondence, document number. Fort Belvoir, VA 22060–6201 actions taken, and locate records for reference purposes. The system is used RECORD ACCESS PROCEDURES: FOR FURTHER INFORMATION CONTACT: Ms. Brenda Carter at (703) 767–1771. to initiate, manage, and track Individuals seeking access to assignments coming from outside DTRA SUPPLEMENTARY INFORMATION: The information about them contained in as well as those generated within DTRA this system of records should address all Defense Threat Reduction Agency notices for systems of records subject to at the Director, Deputy Director, Chief of written inquiries to the Privacy Act Staff, or Enterprise to Enterprise level. Office, Headquarters, Defense Logistics the Privacy Act of 1974 (5 U.S.C. 552a), Agency, Attn: DGA, 8725 John J. as amended, have been published in the ROUTINE USES OF RECORDS MAINTAINED IN THE Kingman Road, Suite 1644, Fort Belvoir, Federal Register and are available from SYSTEM, INCLUDING CATEGORIES OF USERS AND VA 22060–6221. the address above. THE PURPOSES OF SUCH USES: Inquiries should contain the subject The proposed system report, as In addition to those disclosures individual’s full name, Social Security required by 5 U.S.C. 552a(r) of the generally permitted under 5 U.S.C. Number, or employee identification Privacy Act of 1974, as amended, was 552a(b) of the Privacy Act, these records number. submitted on November 7, 2008, to the or information contained therein may House Committee on Oversight and specifically be disclosed outside the CONTESTING RECORD PROCEDURES: Government Reform, the Senate DoD as a routine use pursuant to 5 The DLA procedures for accessing Committee on Homeland Security and U.S.C. 552a(b)(3) as follows: records, for contesting contents, and Governmental Affairs, and the Office of To officials and employees of the U.S. appealing initial agency determinations Management and Budget (OMB) Government, contractors, other are contained in 32 CFR part 323, or pursuant to paragraph 4c of Appendix I Government agencies, and private sector may be obtained from the Privacy Act to OMB Circular No. A–130, ‘Federal entities in the performance of their Office, Headquarters, Defense Logistics Agency Responsibilities for Maintaining official duties as they relate to clarifying Agency, Attn: DGA, 8725 John J. Records About Individuals,’ dated issues arising from assignments and Kingman Road, Suite 1644, Fort Belvoir, February 8, 1996 (February 20, 1996, 61 correspondence under the Assignment VA 22060–6221. FR 6427). and Correspondence Tracking System.

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The DoD ‘‘Blanket Routine Uses’’ set CONTESTING RECORD PROCEDURES: Dated: December 9, 2008. forth at the beginning of the Office of The DTRA rules for contesting record Morgan E. Frazier, the Secretary of Defense’s compilation content are published in 32 CFR part Alternate OSD Federal Register Liaison of system of records notices apply to 318, or may be obtained from the Officer, Department of Defense. this system of records. System Manager. MDA01 POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: SYSTEM NAME: RETRIEVING, ACCESSING, RETAINING, AND Individual records subjects, DoD DISPOSING OF RECORDS IN THE SYSTEM: databases, correspondence emanating Missile Defense Data Center Catalog System Records. STORAGE: from external sources, and internal DTRA actions. Paper records and electronic storage SYSTEM LOCATION: media. EXEMPTIONS CLAIMED FOR THE SYSTEM: Department of Defense, Missile None. Defense Agency, 7100 Defense RETRIEVABILITY: Pentagon, ATTN: Chief Information Name and/or Social Security Number [FR Doc. E8–29524 Filed 12–12–08; 8:45 am] Officer, Washington, DC 20301–7100. (SSN). BILLING CODE 5001–06–P CATEGORIES OF INDIVIDUALS COVERED BY THE SAFEGUARDS: SYSTEM: Paper files are maintained in secure, DEPARTMENT OF DEFENSE Individuals requesting Missile limited access, or monitored work areas Defense Agency (MDA) missile defense Office of the Secretary accessible only to authorized personnel. test data. Access to this classified data Electronic media are maintained via an [Docket ID DOD–2008–OS–0155] is restricted to Department of Defense internal Local Area Network (LAN) with (DoD) personnel and contractors with workstations and laptops of authorized Privacy Act of 1974; System of the appropriate level of security personnel protected with passwords. Records clearance and with a clear, demonstrated and approved need-to- AGENCY: Missile Defense Agency, DoD. RETENTION AND DISPOSAL: know. ACTION: Notice to add a system of Paper files are maintained for 2 years. records. CATEGORIES OF RECORDS IN THE SYSTEM: Electronic media remain in the Individual’s name, Social Security Assignment and Correspondence SUMMARY: The Missile Defense Agency Number (SSN), citizenship, and date Tracking System active assignment file is proposing to add a system of records and place of birth of the proposed for 90 days, then automatically to its inventory of record systems visitor; office phone number and e-mail transferred to an accessible archive file subject to the Privacy Act of 1974 (5 address, and certification of the for 2 years, then removed from the U.S.C. 552a), as amended. system. proposed visitor’s personnel security DATES: The changes will be effective on clearance and certification of any SYSTEM MANAGER(S) AND ADDRESS: January 14, 2009 unless comments are special access authorizations required received that would result in a contrary for the visit. Office of the Chief of Staff/DCOS/A, determination. Defense Threat Reduction Agency, 8725 ADDRESSES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: John J. Kingman Road, Stop 6201, Fort Send comments to the E.O. 12958, Classified National Belvoir, VA 22060–6201. Department of Defense, Missile Defense Agency, 7100 Defense Pentagon, Attn: Security Information; DoD 5220.22–M, NOTIFICATION PROCEDURE: Chief Information Officer, Washington, National Industrial Security Program Individuals seeking to determine DC 20301–7100. Operating Manual (NISPOM); Missile whether this system of records contains FOR FURTHER INFORMATION CONTACT: Defense Agency Directive 3200.06, information about themselves should Missile Defense Agency Privacy Office Mission-Related Scientific and address written inquiries to the Defense at (703) 882–6125. Technical Data/Information Threat Reduction Agency, Office of the SUPPLEMENTARY INFORMATION: The Management; Missile Defense Agency Chief of Staff, Attn: Deputy Chief of Missile Defense Agency notices for Manual 5200.02–M, Information Staff/Administration, 8725 John J. systems of records subject to the Privacy Security Program; and E.O. 9397 (SSN). Kingman Road, Stop 6201, Fort Belvoir, Act of 1974 (5 U.S.C. 552a), as amended, PURPOSE(S): VA 22060–6201. are published in the Federal Register Records are used for the purpose of Individuals should furnish their full and are available from the address determining if individuals have the name, current address, and telephone above. appropriate level of clearance and need- The proposed systems reports, as number. to-know required before allowing them required by 5 U.S.C. 552a(r) of the access to the Missile Defense Agency RECORD ACCESS PROCEDURES: Privacy Act of 1974, as amended, were (MDA) classified test data. Individuals seeking to access records submitted on November 10, 2008, to the about themselves contained in this House Committee on Government ROUTINE USES OF RECORDS MAINTAINED IN THE system of records should address Oversight and Reform, the Senate SYSTEM, INCLUDING CATEGORIES OF USERS AND written inquiries to the Defense Threat Committee on Homeland Security and THE PURPOSES OF SUCH USES: Reduction Agency, Office of the Chief of Governmental Affairs, and the Office of In addition to those disclosures Staff, Attn: Deputy Chief of Management and Budget (OMB) generally permitted under 5 U.S.C. Staff/Administration, 8725 John J. pursuant to paragraph 4c of Appendix I 552a(b) of the Privacy Act, these records Kingman Road, Stop 6201, Fort Belvoir, to OMB Circular No. A–130, ‘‘Federal or information contained therein may VA 22060–6201. Agency Responsibilities for Maintaining specifically be disclosed outside the Individuals should furnish their full Records About Individuals,’’ dated Department of Defense (DoD) as a name, current address, and telephone February 8, 1996 (February 20, 1996, 61 routine use pursuant to 5 U.S.C. number. FR 6427). 552a(b)(3) as follows:

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The DoD ‘Blanket Routine Uses’ set or cell phone number, and office e-mail SUPPLEMENTARY INFORMATION: The forth at the beginning of the DoD address for contact purposes; the Department of the Air Force systems of compilation of systems of records individual will be contacted to verify records notices subject to the Privacy notices also apply to this system. identity. Act of 1974, (5 U.S.C. 552a), as Record access procedures: Individuals amended, have been published in the POLICIES AND PRACTICES FOR STORING, seeking to determine whether Federal Register and are available from RETRIEVING, ACCESSING, RETAINING, AND information about themselves is DISPOSING OF RECORDS IN THE SYSTEM: the address above. contained in this system of records The proposed system report, as STORAGE: should address written inquiries to the required by 5 U.S.C. 552a(r) of the Paper records in file folders and on MDA Privacy Office, Missile Defense Privacy Act of 1974, as amended, was electronic media. Agency, 7100 Defense Pentagon, submitted on November 10, 2008, to the Washington, DC 20301–7100. House Committee on Oversight and RETRIEVABILITY: Requests should include the Government Reform, the Senate Records are retrieved by name, e-mail requesting individual’s name, office Committee on Homeland Security and address and phone number. phone number or cell phone number, Governmental Affairs, and the Office of SAFEGUARDS: and office e-mail address for contact Management and Budget (OMB) Records are maintained in a secure, purposes; the individual will be pursuant to paragraph 4c of Appendix I limited access, monitored work area. contacted to verify identity. to OMB Circular No. A–130, ‘Federal Agency Responsibilities for Maintaining Physical entry by unauthorized persons CONTESTING RECORD PROCEDURES: Records About Individuals,’ dated is restricted by the use of locks and The OSD’s rules for accessing records, administrative procedures, and is February 8, 1996 (February 20, 1996, 61 for contesting contents and appealing FR 6427). accessible only to authorized personnel. initial agency determinations are Access to personal information is contained in OSD Administrative Dated: December 9, 2008. restricted to those who require the Instruction No. 81; 32 CFR part 311; or Morgan E. Frazier, records in the performance of their may be obtained from the system Alternate OSD Federal Register Liaison official duties and who are properly manager. Officer, Department of Defense. screened and cleared for need-to-know. Access to computer records is further RECORD SOURCE CATEGORIES: F051 AF JA D restricted by the use of passwords, Individuals. SYSTEM NAME: which are changed periodically. Logs EXEMPTIONS CLAIMED FOR THE SYSTEM: Litigation Records (Except Patents) are kept and reviewed for valid access. (June 11, 1997, 62 FR 31793). All personnel whose official duties None. require access to the information are [FR Doc. E8–29526 Filed 12–12–08; 8:45 am] CHANGES: trained in the proper safeguarding and BILLING CODE 5001–06–P * * * * * use of the information and receive annual Information Assurance and SYSTEM LOCATION: Privacy Act training. Paper records are DEPARTMENT OF DEFENSE Delete entry and replace with ‘‘The marked ‘‘FOUO-PRIVACY ACT Judge Advocate General, Headquarters PROTECTED DATA’’ and stored in a Department of the Air Force United States Air Force, 1420 Air Force locked container when not in use. [Docket ID USAF–2008–0048] Pentagon, Washington, DC 20330–1420. At Headquarters of Major Commands RETENTION AND DISPOSAL: Privacy Act of 1974; System of and all levels down to and including Air Electronic images are deleted when Records Force installations worldwide. Official the user account is deleted from the mailing addresses are published as an system. Paper copies are filed in the AGENCY: Department of the Air Force, appendix to the Air Force’s compilation security office and destroyed by DoD. of systems of records notices.’’ shredding and/or burning on ACTION: Notice to Alter a System of supersession or obsolescence of the Records. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: authorization document or on transfer, SUMMARY: separation, or relief of the individual The Department of the Air Delete entry and replace with ‘‘All concerned. Force is proposing to alter a system of individuals who have brought suit records notice in its existing inventory against, or been involved in litigation SYSTEM MANAGER(S) AND ADDRESS: of record systems subject to the Privacy with, the United States or its officers or Department of Defense, Missile Act of 1974, (5 U.S.C. 552a), as employees concerning matters related to Defense Agency, 7100 Defense amended. the Department of the Air Force; Pentagon, Attn: Chief Information DATES: This proposed action will be persons against whom litigation has Officer, Washington, DC 20301–7100. effective without further notice on been filed under 28 U.S.C. 1346b, 31 U.S.C. 3702, 42 U.S.C. 2651–3, and 46 NOTIFICATION PROCEDURE: January 14, 2009 unless comments are received which result in a contrary U.S.C. App. 741–52; dependents, Individuals seeking to determine determination. witnesses, and other persons providing whether information about themselves information during the course of ADDRESSES: Send comments to the Air is contained in this system of records litigation.’’ should address written inquiries to the Force Privacy Act Officer, Office of Department of Defense, Missile Defense Warfighting Integration and Chief CATEGORIES OF RECORDS IN THE SYSTEM: Agency, 7100 Defense Pentagon, Attn: Information Officer, SAF/XCPPI, 1800 Delete entry and replace with ‘‘All Chief Information Officer, Washington, Air Force Pentagon, Washington, DC records required to defend the DC 20301–7100. 20330–1800. Department of the Air Force in Requests should contain the FOR FURTHER INFORMATION CONTACT: Mr. litigation, to include: Litigants’ names, individual’s name, office phone number Kenneth Brodie at (703) 696–7557. Social Security Numbers (SSN), court

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pleadings; reports from Department of POLICIES AND PRACTICES FOR STORING, RECORD ACCESS PROCEDURES: Defense offices; state and federal RETRIEVING, ACCESSING, RETAINING, AND Delete entry and replace with DISPOSING OF RECORDS IN THE SYSTEM: agencies; foreign governments; witness ‘‘Individuals seeking access to statements; surveys; contracts; STORAGE: information about themselves contained photographs; legal opinions; personnel, in this system should address written Delete entry and replace with ‘‘Paper finance, medical, and business records; inquiries to The Judge Advocate records in file folders and electronic audits; English translations of foreign General, Headquarters United States Air storage media.’’ documents; and environmental Force, 1420 Air Force Pentagon, planning documents (including RETRIEVABILITY: Washington, DC 20330–1420; or to the environmental impact statements).’’ Staff Judge Advocate at the concerned Delete entry and replace with subordinate command or installation. ‘‘Retrieved by name of litigant, Social AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Written requests should be signed and Security Number (SSN) and year of include full name and proof of Delete entry and replace with ‘‘10 litigation.’’ U.S.C. 8013, Secretary of the Air Force, identity.’’ 10 U.S.C. 8037, Judge Advocate General, SAFEGUARDS: CONTESTING RECORD PROCEDURES: Air Force Instruction 51–301, Civil Delete entry and replace with Litigation and E.O. 9397 (SSN).’’ Delete entry and replace with ‘‘The ‘‘Records are accessed by authorized Air Force rules for accessing records, personnel as necessary to accomplish PURPOSE(S): and for contesting contents and their official duties. Paper records are appealing initial agency determinations Delete entry and replace with ‘‘Used stored in locked rooms and cabinets. are published in Air Force Instruction by officers, employees and members of The computer storage devices are 33–332; 32 CFR part 806b; or may be the Air Force to represent the United protected by computer system obtained from the system manager.’’ States in civil litigation; to enable the software.’’ United States and its officers, employees RECORD SOURCE CATEGORIES: and members who are counsel for, RETENTION AND DISPOSAL: Delete entry and replace with ‘‘Court parties to, or otherwise involved in an Delete entry and replace with records, transcripts of depositions and official capacity in civil domestic or ‘‘Records located at AFLOA/JACL are other hearings, correspondence initiated foreign litigation to obtain information retired permanently to the Washington by parties to litigation, information from or consult with other National Records Center, Washington, provided through witness interviews or governmental, corporate and private DC 20409–0001. Other command levels other discovery methods, reports organizations, entities and individuals dispose of records after two years upon prepared by or on behalf of the Air regarding litigation decisions to be made completion of agency action. Files Force, reports of Federal, state, local or by The Judge Advocate General and the maintained in accordance with 42 foreign government agencies and Department of Justice; to obtain U.S.C. 2651–3 are disposed of after two information obtained from witnesses information from or consult with other years. Medical malpractice litigation and claimants.’’ governmental, corporate and private files are retired to the Armed Forces * * * * * organizations, entities and individuals Institute of Pathology. Paper records are in order to create structured settlement disposed of by tearing into pieces, F051 AF JA D proposals; by the Air Force Audit shredding, macerating, pulping, or SYSTEM NAME: Agency in conducting audits; by the Air burning. Computer records are Force Board for Correction of Military destroyed by deleting, erasing, Litigation Records (Except Patents). Records; and by the Defense Finance degaussing, or by overwriting.’’ SYSTEM LOCATION: and Accounting Service and any Air Force financial management office and SYSTEM MANAGER(S) AND ADDRESS: The Judge Advocate General, Headquarters United States Air Force, its officers and employees.’’ Delete entry and replace with ‘‘The 1420 Air Force Pentagon, Washington, Judge Advocate General, Headquarters DC 20330–1420. At Headquarters of ROUTINE USES OF RECORDS MAINTAINED IN THE United States Air Force, 1420 Air Force Major Commands and all levels down to SYSTEM, INCLUDING CATEGORIES OF USERS AND Pentagon, Washington, DC 20330–1420; THE PURPOSES OF SUCH USES: and including Air Force installations or to the Staff Judge Advocate at the worldwide. Official mailing addresses Delete entry and replace with ‘‘In concerned subordinate command or are published as an appendix to the Air addition to those disclosures generally installation.’’ Force’s compilation of systems of permitted under 5 U.S.C. 552a(b) of the records notices. Privacy Act, these records or NOTIFICATION PROCEDURE: information contained therein may Delete entry and replace with CATEGORIES OF INDIVIDUALS COVERED BY THE specifically be disclosed outside the ‘‘Individuals seeking to determine SYSTEM: DoD as a routine use pursuant to 5 whether information about themselves All individuals who have brought suit U.S.C. 552a(b)(3) as follows: is contained in this system should against, or been involved in litigation To the Court of Federal Claims on address written inquiries with signature with, the United States or its officers or legislative referral of private relief bills; to The Judge Advocate General, employees concerning matters related to Headquarters United States Air Force, the Department of the Air Force; To the Department of Veterans Affairs 1420 Air Force Pentagon, Washington, persons against whom litigation has and its officers and employees to DC 20330–1420; or to the Staff Judge been filed under 28 U.S.C. 1346b, 31 adjudicate claims. Advocate at the concerned subordinate U.S.C. 3702, 42 U.S.C. 2651–3, and 46 The DoD ‘Blanket Routine Uses’ command or installation. U.S.C. App. 741–52; dependents, published at the beginning of the Air Written requests should be signed and witnesses, and other persons providing Force’s compilation of systems of include full name and proof of information during the course of records notices apply to this system.’’ identity.’’ litigation.

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CATEGORIES OF RECORDS IN THE SYSTEM: POLICIES AND PRACTICES FOR STORING, Written requests should be signed and All records required to defend the RETRIEVING, ACCESSING, RETAINING, AND include full name and proof of identity. DISPOSING OF RECORDS IN THE SYSTEM: Department of the Air Force in CONTESTING RECORD PROCEDURES: litigation, to include: litigants’ names; STORAGE: Social Security Numbers (SSN); court Paper records in file folders and The Air Force rules for accessing pleadings; reports from Department of electronic storage media. records, and for contesting contents and Defense offices, state and federal appealing initial agency determinations agencies; foreign governments; witness RETRIEVABILITY: are published in Air Force Instruction statements; surveys; contracts; Retrieved by name of litigant, Social 33–332; 32 CFR part 806b; or may be photographs; legal opinions; personnel, Security Number (SSN) and year of obtained from the system manager. litigation. finance, medical, and business records; RECORD SOURCE CATEGORIES: audits; English translations of foreign SAFEGUARDS: Court records, transcripts of documents; and environmental Records are accessed by authorized depositions and other hearings, planning documents (including personnel as necessary to accomplish correspondence initiated by parties to environmental impact statements). their official duties. Paper records are litigation, information provided through AUTHORITY FOR MAINTENANCE OF THE SYSTEM: stored in locked rooms and cabinets. witness interviews or other discovery The computer storage devices are methods, reports prepared by or on 10 U.S.C. 8013, Secretary of the Air protected by computer system software. behalf of the Air Force, reports of Force, 10 U.S.C. 8037, Judge Advocate Federal, state, local or foreign General, Air Force Instruction 51–301, RETENTION AND DISPOSAL: government agencies and information Civil Litigation and E.O. 9397 (SSN). Records located at AFLOA/JACL are obtained from witnesses and claimants. retired permanently to the Washington PURPOSE(S): National Records Center, Washington, EXEMPTIONS CLAIMED FOR THE SYSTEM: Used by officers, employees and DC 20409–0001. Other command levels None. members of the Air Force to represent dispose of records after two years upon [FR Doc. E8–29519 Filed 12–12–08; 8:45 am] the United States in civil litigation; to completion of agency action. Files enable the United States and its officers, maintained in accordance with 42 BILLING CODE 5001–05–P employees and members who are U.S.C. 2651–3 are disposed of after two counsel for, parties to, or otherwise years. Medical malpractice litigation DEPARTMENT OF DEFENSE involved in an official capacity in civil files are retired to the Armed Forces domestic or foreign litigation to obtain Institute of Pathology. Paper records are Department of the Air Force information from or consult with other disposed of by tearing into pieces, governmental, corporate and private shredding, macerating, pulping, or [Docket ID USAF–2008–0047] organizations, entities and individuals burning. Computer records are regarding litigation decisions to be made Privacy Act of 1974; System of destroyed by deleting, erasing, Records by The Judge Advocate General and the degaussing, or by overwriting. Department of Justice; to obtain AGENCY: Department of the Air Force, information from or consult with other SYSTEM MANAGER(S) AND ADDRESS: DoD. governmental, corporate and private The Judge Advocate General, ACTION: Notice to alter a system of Headquarters United States Air Force, organizations, entities and individuals records. in order to create structured settlement 1420 Air Force Pentagon, Washington, proposals; by the Air Force Audit DC 20330–1420; or to the Staff Judge SUMMARY: The Department of the Air Agency in conducting audits; by the Air Advocate at the concerned subordinate Force is proposing to alter a system of Force Board for Correction of Military command or installation. records notice in its existing inventory Records; and by the Defense Finance NOTIFICATION PROCEDURE: of record systems subject to the Privacy and Accounting Service and any Air Act of 1974, (5 U.S.C. 552a), as Individuals seeking to determine Force financial management office and amended. its officers and employees. whether information about themselves is contained in this system should DATES: This proposed action will be ROUTINE USES OF RECORDS MAINTAINED IN THE address written inquiries to The Judge effective without further notice on SYSTEM, INCLUDING CATEGORIES OF USERS AND Advocate General, Headquarters United January 14, 2009 unless comments are THE PURPOSES OF SUCH USES: States Air Force, 1420 Air Force received which result in a contrary In addition to those disclosures Pentagon, Washington, DC 20330–1420; determination. generally permitted under 5 U.S.C. or to the Staff Judge Advocate at the ADDRESSES: Send comments to the Air 552a(b) of the Privacy Act, these records concerned subordinate command or Force Privacy Act Officer, Office of or information contained therein may installation. Warfighting Integration and Chief specifically be disclosed outside the Written requests should be signed and Information Officer, SAF/XCPPI, 1800 DoD as a routine use pursuant to 5 include full name and proof of identity. Air Force Pentagon, Washington, DC U.S.C. 552a(b)(3) as follows: RECORD ACCESS PROCEDURES: 20330–1800. To the Court of Federal Claims on Individuals seeking access to FOR FURTHER INFORMATION CONTACT: Mr. legislative referral of private relief bills; information about themselves contained Kenneth Brodie at (703) 696–7557. To the Department of Veterans Affairs in this system should address written SUPPLEMENTARY INFORMATION: The and its officers and employees to inquiries to The Judge Advocate Department of the Air Force systems of adjudicate claims. General, Headquarters United States Air records notices subject to the Privacy The DoD ‘Blanket Routine Uses’ Force, 1420 Air Force Pentagon, Act of 1974, (5 U.S.C. 552a), as published at the beginning of the Air Washington, DC 20330–1420; or to the amended, have been published in the Force’s compilation of systems of Staff Judge Advocate at the concerned Federal Register and are available from records notices apply to this system. subordinate command or installation. the address above.

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The proposed system report, as AUTHORITY FOR MAINTENANCE OF THE SYSTEM: system should address written requests required by 5 U.S.C. 552a(r) of the Delete entry and replace with ‘‘10 to the system manager or Deputy Privacy Act of 1974, as amended, was U.S.C. 8013, Secretary of the Air Force; Standards of Conduct Counselor at any submitted on November 7, 2008, to the 10 U.S.C. 8037, Judge Advocate General; system location. House Committee on Oversight and Title I of the Ethics in Government Act Written inquiries should include a Government Reform, the Senate of 1978 (5 U.S.C. App.); E.O. 12674, full name, Social Security Number Committee on Homeland Security and Principles of Ethical Conduct for (SSN), address, daytime telephone Governmental Affairs, and the Office of Government Officers and Employees; 5 number and a signature.’’ Management and Budget (OMB) CFR part 2634; and E.O. 9397 (SSN).’’ CONTESTING RECORD PROCEDURES: pursuant to paragraph 4c of Appendix I to OMB Circular No. A–130, ‘Federal PURPOSE(S): Delete entry and replace with ‘‘The Agency Responsibilities for Maintaining Delete entry and replace with ‘‘Used Air Force rules for accessing records, Records About Individuals,’ dated in order to determine potential or actual and for contesting contents and February 8, 1996 (February 20, 1996, 61 conflicts of interest in the performance appealing initial agency determinations FR 6427). of official duties.’’ are published in Air Force Instruction * * * * * 33–332; 32 CFR part 806b; or may be Dated: December 9, 2008. obtained from the system manager.’’ Morgan E. Frazier, STORAGE: * * * * * Alternate OSD Federal Register Liaison Delete entry and replace with ‘‘Paper Officer, Department of Defense. records in file folders and electronic F051 AF JA B F051 AF JA B storage media.’’ SYSTEM NAME: RETRIEVABILITY: Confidential Financial Disclosure SYSTEM NAME: Delete entry and replace with Report. Confidential Financial Disclosure ‘‘Retrieved by name or Social Security SYSTEM LOCATION: Report (June 11, 1997, 62 FR 31793). Number (SSN).’’ Office of the General Counsel, Office CHANGES: SAFEGUARDS: of the Secretary of the Air Force, 1740 * * * * * Delete entry and replace with Air Force Pentagon, Washington, DC 20330–1740; The Judge Advocate CATEGORIES OF INDIVIDUALS COVERED BY THE ‘‘Records are accessed by authorized SYSTEM: personnel as necessary to accomplish General, Headquarters United States Air Force, 1420 Air Force Pentagon, Delete entry and replace with their official duties. Paper records are Washington, DC 20330–1420; ‘‘Civilian personnel; Air Force military stored in locked rooms and cabinets. Headquarters of major commands and at personnel in the rank of colonel or The computer storage devices are all levels down to and including Air below whose basic duties and protected by computer system Force installations, and unified responsibilities require the exercise of software.’’ commands for which Air Force is judgment on Government decision RETENTION AND DISPOSAL: Executive Agent. Official mailing making or taking action on (1) the Delete entry and replace with addresses are published as an appendix administering or monitoring of grants or ‘‘Retained for six years after which they to the Air Force’s compilation of subsidies, (2) contracting or shall be disposed of, unless needed in systems of records notices. procurement, (3) auditing, or (4) any an ongoing investigation. Those records other government activity in which the retained for an ongoing investigation CATEGORIES OF INDIVIDUALS COVERED BY THE final decision or action has a significant will be disposed of when no longer SYSTEM: economic impact on the interest of any needed in the investigation. Paper Civilian personnel; Air Force military non-federal enterprise; and special records are disposed of by tearing into personnel in the rank of colonel or Government employees who are pieces, shredding, pulping, macerating below whose basic duties and ‘advisors’ or ‘consultants’. Army, Navy, or burning. Computer records are responsibilities require the exercise of Air Force, and Marine Corps active duty destroyed by deleting, erasing, judgment on Government decision personnel and civilian employees in the degaussing, or by overwriting.’’ making or taking action on (1) the same categories when assigned to * * * * * administering or monitoring of grants or headquarters of unified and specified subsidies, (2) contracting or commands for which Air Force is NOTIFICATION PROCEDURE: procurement, (3) auditing, or (4) any Executive Agent.’’ Delete entry and replace with other government activity in which the ‘‘Individuals seeking to determine final decision or action has a significant CATEGORIES OF RECORDS IN THE SYSTEM: whether this system of records contains economic impact on the interest of any Delete entry and replace with information on themselves should non-federal enterprise; and special ‘‘Contains the individual’s name, Social address written inquiries to the system Government employees who are Security Number (SSN), title of the manager or Deputy Standards of ‘advisors’ or ‘consultants’. Army, Navy, individual’s position, date of Conduct Counselor at any system Air Force, and Marine Corps active duty appointment in present position, agency location. personnel and civilian employees in the and major organization segment of the Written inquiries should include a same categories when assigned to position, employment and financial full name, Social Security Number headquarters of unified and specified interests, creditors, interest in real (SSN), address, daytime telephone commands for which Air Force is property, a list of persons from whom number and a signature.’’ Executive Agent. information can be obtained concerning the individual’s financial situation, RECORD ACCESS PROCEDURES: CATEGORIES OF RECORDS IN THE SYSTEM: supervisor’s evaluation, and Standards Delete entry and replace with Contains the individual’s name, of Conduct Counselor/Deputy Counselor ‘‘Individuals seeking to access records Social Security Number (SSN), title of review.’’ about themselves contained in this the individual’s position, date of

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appointment in present position, agency or burning. Computer records are SUMMARY: The Department of the Navy and major organization segment of the destroyed by deleting, erasing, hereby gives notice of the availability of position, employment and financial degaussing, or by overwriting. exclusive or partially exclusive licenses interests, creditors, interest in real to practice worldwide under the SYSTEM MANAGER(S) AND ADDRESS: property, a list of persons from whom following pending patents. Any license information can be obtained concerning The Assistant General Counsel for granted shall comply with 35 U.S.C. 209 the individual’s financial situation, Civilian Personnel and Fiscal Law, and 37 CFR part 404. Applications will supervisor’s evaluation, and Standards Office of the General Counsel, Office of be evaluated utilizing the following of Conduct Counselor/Deputy Counselor the Secretary of the Air Force, 1740 Air criteria: Ability to manufacture and review. Force Pentagon, Washington, DC 20330– market the technology; manufacturing 1740 and marketing ability; time required to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The Judge Advocate General, bring technology to market and 10 U.S.C. 8013, Secretary of the Air Headquarters United States Air Force, production rate; royalties; technical Force, 10 U.S.C. 8037, Judge Advocate 1420 Air Force Pentagon, Washington, capabilities; and small business status. General; Title I of the Ethics in DC 20330–1420. Patent application Serial Number Government Act of 1978 (5 U.S.C. NOTIFICATION PROCEDURE: 10/681,627 ‘‘Methods for Modulating T App.); E.O. 12674, Principles of Ethical Cell Responses by Manupulating Conduct for Government Officers and Individuals seeking to determine whether this system of records contains Intracellular Signal Transduction’’ filed Employees; 5 CFR part 2634; and E.O. 8 October 2003; Patent number 9397(SSN). information on themselves should address written inquiries to or visit the 6,632,789 ‘‘Methods for Modulating T PURPOSE(S): system manager or Deputy Standards of Cell Responses by Manipulating Used in order to determine potential Conduct Counselor at any system Intracellular Signal Transduction’’ or actual conflicts of interest in the location. issued 14 October 2004; and their performance of official duties. Written inquiries should include a related foreign filings. full name, Social Security Number DATES: Applications for a non-exclusive, ROUTINE USES OF RECORDS MAINTAINED IN THE (SSN), address, daytime telephone exclusive or partially exclusive license SYSTEM, INCLUDING CATEGORIES OF USERS AND number and a signature. may be submitted at any time from the THE PURPOSES OF SUCH USES: date of this notice. In addition to those disclosures RECORD ACCESS PROCEDURES: ADDRESSES: generally permitted under 5 U.S.C. Individuals seeking to access records Submit application to the 552a(b) of the Privacy Act, these records about themselves contained in this Office of Technology Transfer, Naval or information contained therein may system should address written requests Medical Research Center, 503 Robert specifically be disclosed outside the to the system manager or Deputy Grant Ave., Silver Spring, MD 20910– Department of Defense as a routine use Standards of Conduct Counselor at any 7500. pursuant to 5 U.S.C. 552a(b)(3) as system location. FOR FURTHER INFORMATION CONTACT: Dr. follows: Written inquiries should include a Charles Schlagel, Director, Office of The DoD ‘Blanket Routine Uses’ full name, Social Security Number Technology Transfer, Naval Medical published at the beginning of the Air (SSN), address, daytime telephone Research Center, 503 Robert Grant Ave., Force’s compilation of systems of number and a signature. Silver Spring, MD 20910–7500, records notices apply to this system. telephone: 301–319–7428 or E-mail at: CONTESTING RECORD PROCEDURES: [email protected]. POLICIES AND PRACTICES FOR STORING, The Air Force rules for accessing RETRIEVING, ACCESSING, RETAINING, AND records, and for contesting contents and Dated: December 8, 2008. DISPOSING OF RECORDS IN THE SYSTEM: appealing initial agency determinations T. M. Cruz, STORAGE: are published in Air Force Instruction Lieutenant Commander, Office of the Judge Papers records in file folders and 33–332; 32 CFR part 806b; or may be Advocate General, U.S. Navy, Federal Register Liaison Officer. electric storage media. obtained from the system manager. [FR Doc. E8–29582 Filed 12–12–08; 8:45 am] RECORD SOURCE CATEGORIES: RETRIEVABILITY: BILLING CODE 3810–FF–P Retrieved by name or Social Security Information is obtained from the Number (SSN). individual or from personnel designated by the individual. SAFEGUARDS: DEPARTMENT OF EDUCATION EXEMPTIONS CLAIMED FOR THE SYSTEM: Records are accessed by authorized personnel as necessary to accomplish None. Office of Innovation and Improvement; their official duties. Paper records are [FR Doc. E8–29525 Filed 12–12–08; 8:45 am] Overview Information: Charter School stored in locked rooms and cabinets. BILLING CODE 5001–05–P Programs (CSP); Notice Inviting The computer storage devices are Applications for New Awards for Fiscal protected by computer system software. Year (FY) 2009 DEPARTMENT OF DEFENSE RETENTION AND DISPOSAL: Catalog of Federal Domestic Retained for six years after which they Department of the Navy Assistance (CFDA) Number: 84.282A. shall be disposed of, unless needed in Dates: an ongoing investigation. Those records Notice of Availability of Government- Applications Available: December 15, retained for an ongoing investigation Owned Inventions; Available for 2008. will be disposed of when no longer Licensing Deadline for Transmittal of needed in the investigation. Paper AGENCY: Department of the Navy, DoD. Applications: January 29, 2009. records are disposed of by tearing into Deadline for Intergovernmental ACTION: Notice. pieces, shredding, pulping, macerating Review: March 30, 2009.

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Full Text of Announcement Priority 1—Secondary Schools (10 FY 2009, published in the Federal I. Funding Opportunity Description points). Projects that support activities Register on November 21, 2008 (73 FR and interventions aimed at improving 70627). Purpose of Program: The purpose of the academic achievement of secondary II. Award Information the CSP is to increase national school students who are at greatest risk understanding of the charter school of not meeting challenging State Type of Award: Discretionary grants. model and to expand the number of academic standards and not completing Estimated Available Funds: high-quality charter schools available to high school. The Administration has requested students across the Nation by providing Priority 2—Periodic Review and $95,838,000 for new awards for the financial assistance for the planning, Evaluation (10 points). The State Charter School Programs for FY 2009, of program design, and initial provides for periodic review and which we intend to use an estimated implementation of charter schools, and evaluation by the authorized public $91,000,000 for this competition. The to evaluate the effects of charter schools, chartering agency of each charter school actual level of funding, if any, depends including their effects on students, at least once every five years, unless on final congressional action. However, student academic achievement, staff, required more frequently by State law, we are inviting applications to allow and parents. The Secretary awards to determine whether the charter school enough time to complete the grant grants to State educational agencies is meeting the terms of the school’s process before the end of the current (SEAs) to enable them to conduct charter, and is meeting or exceeding the fiscal year, if Congress appropriates charter school programs in their States. student academic achievement funds for this program. SEAs use their CSP funds to award sub- requirements and goals for charter Estimated Range of Awards: grants to non-SEA eligible applicants for schools as provided under State law or $500,000–$10,000,000 per year. planning, program design, and initial the school’s charter. Estimated Average Size of Awards: implementation of a charter school, and Priority 3—Number of High-Quality $5,000,000 per year. to support the dissemination of Charter Schools (10 points). The State Estimated Number of Awards: 6–10. information about, including has demonstrated progress in increasing Note: The Department is not bound by any information on successful practices in, the number of high-quality charter estimates in this notice. charter schools. schools that are held accountable in the Project Period: Up to 36 months. Priorities: This competition includes terms of the schools’ charters for five competitive preference priorities. In meeting clear and measurable objectives Note: Planning and implementation sub- accordance with 34 CFR 75.105(b)(1) for the educational progress of the grants awarded by an SEA to non-SEA eligible applicants will be awarded for a and 34 CFR 75.105(b)(2)(iv), priority 1 is students attending the schools, in the from the notice of final discretionary period of up to three years, no more than 18 period prior to the period for which an months of which may be used for planning grant priorities for FY 2009, published SEA applies for a grant under this in the Federal Register on November 21, and program design and no more than two competition. years of which may be used for the initial 2008 (73 FR 70627), and priorities 2 Priority 4—One Authorized Public implementation of a charter school. through 5 are from section 5202(e) of the Chartering Agency Other Than a Local Dissemination sub-grants are awarded for a Elementary and Secondary Education Educational Agency (LEA), or an period of up to two years. Act of 1965 (ESEA), as amended by the Appeals Process (10 points). The State— Note: The estimated range, size, and No Child Left Behind Act of 2001 (a) Provides for one authorized public (NCLB), 20 U.S.C. 7221a(e). number of awards are based on a single 12- chartering agency that is not an LEA, month budget period. However, the Competitive Preference Priorities: For such as a State chartering board, for FY 2009 and any subsequent year in Department may choose to fund more than 12 each individual or entity seeking to months of a project using FY 2009 funds. which we make awards from the list of operate a charter school pursuant to unfunded applicants from this State law; or III. Eligibility Information competition, these priorities are (b) In the case of a State in which competitive preference priorities. Under 1. Eligible Applicants: SEAs in States LEAs are the only authorized public with a State statute specifically 34 CFR 75.105(c)(2)(i) we award up to chartering agencies, allows for an an additional fifty (50) points to an authorizing the establishment of charter appeals process for the denial of an schools. application, depending on how well the application for a charter school. application meets one or more of these Priority 5—High Degree of Autonomy Note: Non-SEA eligible applicants in States priorities. (10 points). The State ensures that each in which the SEA elects not to participate in or does not have an application approved Note: In order to receive preference under charter school has a high degree of these priorities, an applicant must identify under the CSP may apply for funding directly autonomy over the charter school’s from the Department. The Department plans the priority or priorities that it believes it budgets and expenditures. meets and provide documentation supporting to hold a separate competition for non-SEA its claims. In order to receive points for Note: In responding to each of the eligible applicants under CFDA numbers priority 2 or to receive points for priorities competitive preference priorities, the 84.282B and 84.282C. 3 through 5, an application must meet Secretary encourages applicants to provide 2. Cost Sharing or Matching: This priority 2 and must meet one or more of documentation, including citations and competition does not require cost priorities 3 through 5. examples from their State’s charter school sharing or matching. law. An SEA that meets priority 2 but does IV. Application and Submission not meet one or more of priorities 3 Program Authority: 20 U.S.C. 7221– Information through 5 will not receive any points for 7221j. priorities 2 through 5. Applicable Regulations: (a) The 1. Address to Request Application An SEA that does not meet priority 2 Education Department General Package: Leslie Hankerson or Jeanne but meets one or more of priorities 3 Administrative Regulations (EDGAR) in Siegel, U.S. Department of Education, through 5 will not receive any points for 34 CFR parts 74, 75, 76, 77, 79, 80, 81, 400 Maryland Avenue, SW., room priorities 2 through 5. 82, 84, 85, 97, 98, and 99. (b) The notice 4W249, Washington, DC 20202–5970. These priorities are: of final discretionary grant priorities for Telephone: (202) 205–8524 or (202)

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205–5482, or by e-mail: We do not consider an application new public schools, including charter [email protected] or that does not comply with the deadline schools, that are independent of the [email protected]. requirements. assisting charter school and the assisting If you use a telecommunications Individuals with disabilities who charter school’s developers and that device for the deaf (TDD), call the need an accommodation or auxiliary aid agree to be held to at least as high a level Federal Relay Service (FRS), toll free, at in connection with the application of accountability as the assisting charter 1–800–877–8339. process should contact either person school; Individuals with disabilities can listed under FOR FURTHER INFORMATION (b) Developing partnerships with obtain a copy of the application package CONTACT in section VII in this notice. If other public schools, including charter in an accessible format (e.g., braille, the Department provides an schools, designed to improve student large print, audiotape, or computer accommodation or auxiliary aid to an academic achievement in each of the diskette) by contacting either program individual with a disability in schools participating in the partnership; contact person listed in this section. connection with the application (c) Developing curriculum materials, 2. Content and Form of Application process, the individual’s application assessments, and other materials that Submission: Requirements concerning remains subject to all other promote increased student achievement the content of an application, together requirements and limitations in this and are based on successful practices with the forms you must submit, are in notice. within the assisting charter school; and the application package for this Deadline for Intergovernmental (d) Conducting evaluations and competition. Review: March 30, 2009. developing materials that document the Page Limit: The application narrative 4. Intergovernmental Review: This successful practices of the assisting (Part III of the application) is where you, competition is subject to Executive charter school and that are designed to the applicant, address the selection Order 12372 and the regulations in 34 improve student achievement. (20 criteria that reviewers use to evaluate CFR part 79. Information about U.S.C. 7221c(f)(6)(B)(i) through (iv)) Award Basis. In determining whether your application. The Secretary strongly Intergovernmental Review of Federal to approve a grant award and the encourages applicants to limit Part III to Programs under Executive Order 12372 amount of such award, the Department the equivalent of no more than 60 pages, is in the application package for this will consider, among other things, the using the following standards: competition. 5. Funding Restrictions: The following amount of any carryover funds the • A ‘‘page’’ is 8.5″ x 11″, on one side funding restrictions apply to this applicant has under an existing grant only, with 1″ margins at the top, bottom, competition: under the program. (34 CFR 75.233(b)) and both sides. • Use of Funds for Post-Award Planning We reference additional regulations Double space (no more than three and Design of the Educational Program outlining funding restrictions in the lines per vertical inch) all text in the and Initial Implementation of the Applicable Regulations section of this application narrative, including titles, Charter School. A non-SEA eligible notice. headings, footnotes, quotations, applicant receiving a sub-grant under 6. Other Submission Requirements. references, and captions, as well as all this program may use the sub-grant Applications for grants under this text in charts, tables, figures, and funds only for— competition must be submitted graphs. (a) Post-award planning and design of electronically unless you qualify for an • Use a font that is either 12 point or the educational program, which may exception to this requirement in larger or no smaller than 10 pitch include (i) refinement of the desired accordance with the instructions in this (characters per inch). educational results and of the methods section. • Use one of the following fonts: for measuring progress toward achieving a. Electronic Submission of Times New Roman, Courier, Courier those results; and (ii) professional Applications. New, or Arial. development of teachers and other staff Applications for grants under the The page limit does not apply to Part who will work in the charter school; CSP, CFDA Number 84.282A, must be I, the cover sheet; Part II, the budget and submitted electronically using the section, including the narrative budget (b) Initial implementation of the Governmentwide Grants.gov Apply site justification; Part IV, the assurances and charter school, which may include (i) at www.Grants.gov. Through this site, certifications; or the one-page abstract, informing the community about the you will be able to download a copy of the resumes, the bibliography, or the school; (ii) acquiring necessary the application package, complete it letters of support. However, you must equipment and educational materials offline, and then upload and submit include all of the application narrative and supplies; (iii) acquiring or your application. You may not e-mail an in Part III. developing curriculum materials; and electronic copy of a grant application to 3. Submission Dates and Times: (iv) other initial operational costs that us. Applications Available: December 15, cannot be met from State or local We will reject your application if you 2008. Deadline for Transmittal of sources. (20 U.S.C. 7221c(f)(3)) submit it in paper format unless, as Applications: January 29, 2009. Use of Funds for Dissemination described elsewhere in this section, you Applications for grants under this Activities. An SEA may reserve not qualify for one of the exceptions to the competition must be submitted more than 10 percent of its grant funds electronic submission requirement and electronically using the Grants.gov to support dissemination activities. (20 submit, no later than two weeks before Apply site (Grants.gov). For information U.S.C. 7221c(f)(1)) A charter school may the application deadline date, a written (including dates and times) about how use those funds to assist other schools statement to the Department that you to submit your application in adapting the charter school’s program qualify for one of these exceptions. electronically, or in paper format by (or certain aspects of the charter Further information regarding mail or hand delivery if you qualify for school’s program) or to disseminate calculation of the date that is two weeks an exception to the electronic information about the charter school before the application deadline date is submission requirement, please refer to through such activities as— provided later in this section under section IV. 6. Other Submission (a) Assisting other individuals with Exception to Electronic Submission Requirements of this notice. the planning and start-up of one or more Requirement.

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You may access the electronic grant authorized as an AOR by your application through Grants.gov, please application for the Charter School organization. Details on these steps are contact the Grants.gov Support Desk, Programs at www.Grants.gov. You must outlined in the Grants.gov 3-Step toll free, at 1–800–518–4726. You must search for the downloadable application Registration Guide (see http:// obtain a Grants.gov Support Desk Case package for this competition by the www.grants.gov/section910/ Number and must keep a record of it. CFDA number. Do not include the Grants.govRegistrationBrochure.pdf). If you are prevented from CFDA number’s alpha suffix in your You also must provide on your electronically submitting your search (e.g., search for 84.282, not application the same D-U-N-S Number application on the application deadline 84.282A). used with this registration. Please note date because of technical problems with Please note the following: that the registration process may take the Grants.gov system, we will grant you • When you enter the Grants.gov site, five or more business days to complete, an extension until 4:30:00 p.m., you will find information about and you must have completed all Washington, DC time, the following submitting an application electronically registration steps to allow you to submit business day to enable you to transmit through the site, as well as the hours of successfully an application via your application electronically or by operation. Grants.gov. In addition you will need to • hand delivery. You also may mail your Applications received by Grants.gov update your CCR registration on an application by following the mailing are date and time stamped. Your annual basis. This may take three or instructions described elsewhere in this application must be fully uploaded and more business days to complete. notice. submitted and must be date and time • You will not receive additional If you submit an application after stamped by the Grants.gov system no point value because you submit your 4:30:00 p.m., Washington, DC time, on later than 4:30:00 p.m., Washington, DC application in electronic format, nor the application deadline date, please time, on the application deadline date. will we penalize you if you qualify for contact either person listed under FOR Except as otherwise noted in this an exception to the electronic FURTHER INFORMATION CONTACT of section section, we will not accept your submission requirement, as described VII in this notice and provide an application if it is received—that is, date elsewhere in this section, and submit and time stamped by the Grants.gov explanation of the technical problem your application in paper format. you experienced with Grants.gov, along system—after 4:30:00 p.m., Washington, • You must submit all documents with the Grants.gov Support Desk Case DC time, on the application deadline electronically, including all information Number. We will accept your date. We do not consider an application you typically provide on the following application if we can confirm that a that does not comply with the deadline forms: Application for Federal technical problem occurred with the requirements. When we retrieve your Assistance (SF 424), the Department of Grants.gov system and that that problem application from Grants.gov, we will Education Supplemental Information for affected your ability to submit your notify you if we are rejecting your SF 424, Budget Information—Non- application by 4:30:00 p.m., application because it was date and time Construction Programs (ED 524), and all Washington, DC time, on the stamped by the Grants.gov system after necessary assurances and certifications. 4:30:00 p.m., Washington, DC time, on • You must attach any narrative application deadline date. The the application deadline date. sections of your application as files in Department will contact you after a • The amount of time it can take to a .DOC (document), .RTF (rich text), or determination is made on whether your upload an application will vary .PDF (Portable Document) format. If you application will be accepted. depending on a variety of factors, upload a file type other than the three Note: The extensions to which we refer in including the size of the application and file types specified in this paragraph or this section apply only to the unavailability the speed of your Internet connection. submit a password-protected file, we of, or technical problems with, the Grants.gov Therefore, we strongly recommend that will not review that material. system. We will not grant you an extension you do not wait until the application • Your electronic application must if you failed to fully register to submit your deadline date to begin the submission application to Grants.gov before the comply with any page-limit application deadline date and time or if the process through Grants.gov. requirements described in this notice. • • technical problem you experienced is You should review and follow the After you electronically submit unrelated to the Grants.gov system. Education Submission Procedures for your application, you will receive from submitting an application through Grants.gov an automatic notification of Exception to Electronic Submission Grants.gov that are included in the receipt that contains a Grants.gov Requirement: You qualify for an application package for this competition tracking number. (This notification exception to the electronic submission to ensure that you submit your indicates receipt by Grants.gov only, not requirement, and may submit your application in a timely manner to the receipt by the Department.) The application in paper format, if you are Grants.gov system. You can also find the Department then will retrieve your unable to submit an application through Education Submission Procedures application from Grants.gov and send a the Grants.gov system because— • pertaining to Grants.gov at http://e- second notification to you by e-mail. You do not have access to the Grants.ed.gov/help/ This second notification indicates that Internet; or GrantsgovSubmissionProcedures.pdf. the Department has received your • You do not have the capacity to • To submit your application via application and has assigned your upload large documents to the Grants.gov, you must complete all steps application a PR/Award number (an ED- Grants.gov system; and in the Grants.gov registration process specified identifying number unique to • No later than two weeks before the (see http://www.grants.gov/applicants/ your application). application deadline date (14 calendar get_registered.jsp). These steps include • We may request that you provide us days or, if the fourteenth calendar day (1) registering your organization, a original signatures on forms at a later before the application deadline date multi-part process that includes date. falls on a Federal holiday, the next registration with the Central Contractor Application Deadline Date Extension business day following the Federal Registry (CCR); (2) registering yourself in Case of Technical Issues with the holiday), you mail or fax a written as an Authorized Organization Grants.gov System: If you are statement to the Department, explaining Representative (AOR); and (3) getting experiencing problems submitting your which of the two grounds for an

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exception prevent you from using the hand. You must deliver the original and objectives for the SEA’s charter school grant Internet to submit your application. two copies of your application by hand, program and how these objectives will be If you mail your written statement to on or before the application deadline fulfilled, including steps taken by the SEA to the Department, it must be postmarked date, to the Department at the following inform teachers, parents, and communities of the SEA’s charter school grant program and no later than two weeks before the address: U.S. Department of Education, how the SEA will disseminate best or application deadline date. If you fax Application Control Center, Attention: promising practices of charter schools to each your written statement to the (CFDA Number 84.282A), 550 12th LEA in the State. Department, we must receive the faxed Street, SW., Room 7041, Potomac Center statement no later than two weeks Plaza, Washington, DC 20202–4260. (ii) The degree of flexibility afforded before the application deadline date. The Application Control Center by the SEA to charter schools under the Address and mail or fax your accepts hand deliveries daily between State’s charter school law (30 points). statement to: Leslie Hankerson or Jeanne 8:00 a.m. and 4:30:00 p.m., Washington, Note: The Secretary encourages the Siegel, U.S. Department of Education, DC time, except Saturdays, Sundays, applicant to include a description of how the 400 Maryland Avenue, SW., room and Federal holidays. State’s law establishes an administrative relationship between the charter school and 4W249, Washington, DC 20202–5970. Note for Mail or Hand Delivery of Paper FAX: (202) 205–5630. the authorized public chartering agency and Applications: If you mail or hand deliver exempts charter schools from significant Your paper application must be your application to the Department— State or local rules that inhibit the flexible submitted in accordance with the mail (1) You must indicate on the envelope operation and management of public schools. or hand delivery instructions described and—if not provided by the Department—in in this notice. Item 11 of the SF 424 the CFDA number, The Secretary also encourages the b. Submission of Paper Applications including suffix letter, if any, of the applicant to include a description of the by Mail. competition under which you are submitting degree of autonomy charter schools If you qualify for an exception to the your application; and have achieved over such matters as the (2) The Application Control Center will charter school’s budget, expenditures, electronic submission requirement, you mail to you a notification of receipt of your may mail (through the U.S. Postal daily operation, and personnel in grant application. If you do not receive this accordance with their State’s law. Service or a commercial carrier) your notification within 15 business days from the application to the Department. You application deadline date, you should call (iii) The number of high-quality must mail the original and two copies the U.S. Department of Education charter schools to be created in the State of your application, on or before the Application Control Center at (202) 245– (30 points). application deadline date, to the 6288. Note: The Secretary considers the SEA’s Department at the following address: reasonable estimate of the number of new U.S. Department of Education, V. Application Review Information charter schools to be authorized and opened Application Control Center, Attention: 1. Selection Criteria: The selection in the State during the three-year period of this grant. (CFDA Number 84.282A), LBJ Basement criteria for this competition are from the Level 1, 400 Maryland Avenue, SW., authorizing statute for this program and The Secretary also considers how the Washington, DC 20202–4260. 34 CFR 75.210 of EDGAR and are as SEA will inform each charter school in You must show proof of mailing follows: the State about Federal funds the charter consisting of one of the following: SEAs that propose to use a portion of school is eligible to receive and ensure (1) A legibly dated U.S. Postal Service their grant funds for dissemination that each charter school in the State postmark. activities must address each selection receives the school’s commensurate (2) A legible mail receipt with the criterion (i) through (vi) individually share of Federal education funds that date of mailing stamped by the U.S. and title each accordingly. SEAs that do are allocated by formula each year, Postal Service. not propose to use a portion of their including during the first year of (3) A dated shipping label, invoice, or grant funds for dissemination activities operation of the school and during a receipt from a commercial carrier. must address selection criteria (i) year in which the school’s enrollment (4) Any other proof of mailing through (iv) and (vi) only. SEAs that do expands significantly. acceptable to the Secretary of the U.S. not address criterion (v) because they (iv) The quality of the management Department of Education. are not proposing to use a portion of plan for the proposed project. In If you mail your application through their grant funds for dissemination determining the quality of the the U.S. Postal Service, we do not activities will not be penalized. The management plan for the proposed accept either of the following as proof maximum possible score is 150 points project, the Secretary considers the of mailing: for SEAs that do not propose to use adequacy of the management plan to (1) A private metered postmark. grant funds to support dissemination achieve the objectives of the proposed (2) A mail receipt that is not dated by activities and 180 points for SEAs that project on time and within budget, the U.S. Postal Service. propose to use grant funds to support including clearly defined If your application is postmarked after dissemination activities. The maximum responsibilities, timelines, and the application deadline date, we will possible score for each criterion is milestones for accomplishing project not consider your application. indicated in parentheses following the tasks (30 points). Note: The U.S. Postal Service does not criterion. Note: In addition to describing the uniformly provide a dated postmark. Before (i) The contribution the charter proposed objectives of the SEA charter relying on this method, you should check schools grant program will make in school grant program and how these with your local post office. assisting educationally disadvantaged objectives will be fulfilled, the Secretary c. Submission of Paper Applications and other students to achieve State encourages applicants to provide descriptions of the steps to be taken by the by Hand Delivery. academic content standards and State student academic achievement SEA to award sub-grant funds to eligible If you qualify for an exception to the applicants desiring to receive these funds, electronic submission requirement, you standards (30 points). including descriptions of the peer review (or a courier service) may deliver your Note: The Secretary encourages the process the SEA will use to review paper application to the Department by applicant to provide a description of the applications for assistance, the timelines for

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awarding such funds, and how the SEA will application requirements in the context GAN also incorporates your approved assess the quality of the applications. of its responses to the selection criteria. application as part of your binding (v) In the case of SEAs that propose (i) Describe the objectives of the SEA’s commitments under the grant. to use grant funds to support charter school grant program and 3. Reporting: At the end of your dissemination activities under section describe how these objectives will be project period, you must submit a final 5204(f)(6) of the ESEA, the quality of the fulfilled, including steps taken by the performance report, including financial dissemination activities (15 points) and SEA to inform teachers, parents, and information, as directed by the the likelihood that those activities will communities of the SEA’s charter school Secretary. If you receive a multi-year improve student academic achievement grant program; award, you must submit an annual (15 points). (ii) Describe how the SEA will inform performance report that provides the each charter school in the State about most current performance and financial Note: The Secretary encourages the Federal funds the charter school is expenditure information as directed by applicant to describe the steps to be taken by the SEA to award these funds to eligible eligible to receive and Federal programs the Secretary under 34 CFR 75.118. The applicants, including descriptions of the peer in which the charter school may Secretary may also require more review process the SEA will use to review participate; frequent performance reports under 34 applications for dissemination, the timelines (iii) Describe how the SEA will ensure CFR 75.720(c). For specific for awarding such funds, and how the SEA that each charter school in the State requirements on reporting, please go to will assess the quality of the applications. receives the school’s commensurate www.ed.gov/fund/grant/apply/appforms (vi) The Secretary considers the share of Federal education funds that /appforms.html quality of the evaluation to be are allocated by formula each year, 4. Performance Measures: The goal of conducted of the proposed project. In including during the first year of the CSP is to support the creation and determining the quality of the operation of the school and a year in development of a large number of high- evaluation, the Secretary considers the which the school’s enrollment expands quality charter schools that are free from extent to which the methods of significantly; State or local rules that inhibit flexible evaluation include the use of objective (iv) Describe how the SEA will operation, are held accountable for performance measures that are clearly disseminate best or promising practices enabling students to reach challenging related to the intended outcomes of the of charter schools to each LEA in the State performance standards, and are project and will produce quantitative State; open to all students. The Secretary has and qualitative data to the extent (v) If an SEA elects to reserve part of set two performance indicators to possible (30 points). its grant funds (no more than 10 measure this goal: (1) The number of percent) for the establishment of a charter schools in operation around the Note: The Secretary encourages the revolving loan fund, describe how the Nation, and (2) the percentage of fourth- applicant to include a strong evaluation plan and eighth-grade charter school students in the application narrative and to use that revolving loan fund would operate; plan, as appropriate, to shape the (vi) If an SEA desires the Secretary to who are achieving at or above the development of the project from the consider waivers under the authority of proficient level on State examinations in beginning of the grant period. The Secretary the CSP, include a request and mathematics and reading. Additionally, encourages the applicant to design the plan justification for any waiver of statutory the Secretary has established the so that it includes (a) benchmarks to monitor or regulatory provisions that the SEA following measure to examine the progress toward specific project objectives believes is necessary for the successful efficiency of the CSP: Federal cost per and (b) outcome measures to assess the operation of charter schools in the State; student in implementing a successful impact on teaching and learning or other and school (defined as a school in operation important outcomes for project participants. (vii) Describe how charter schools that In its plan, we encourage the applicant to for three or more years). identify the individual and/or organization are considered to be LEAs under State All grantees will be expected to that has agreed to serve as evaluator for the law and LEAs in which charter schools submit an annual performance report project and to describe the qualifications of are located will comply with sections documenting their contribution in that evaluator. We also encourage the 613(a)(5) and 613(e)(1)(B) of the assisting the Department in meeting applicant to describe, in its application, the Individuals with Disabilities Education these performance measures. evaluation design, indicating: (1) The types Act. of data that will be collected; (2) when VII. Agency Contacts VI. Award Administration Information various types of data will be collected; (3) the FOR FURTHER INFORMATION CONTACT: methods that will be used; (4) the 1. Award Notices: If your application Leslie Hankerson or Jeanne Siegel, U.S. instruments that will be developed and is successful, we notify your U.S. when; (5) how the data will be analyzed; (6) Department of Education, 400 Maryland when reports of results and outcomes will be Representative and U.S. Senators and Avenue, SW., room 4W249, available; and (7) how the applicant will use send you a Grant Award Notice (GAN). Washington, DC 20202–5970. the information collected through the We may notify you informally, also. Telephone: (202) 205–8524 or (202) evaluation to monitor progress of the funded If your application is not evaluated or 205–5482, or by e-mail: project and to provide accountability not selected for funding, we notify you. [email protected] or information both about success at the initial 2. Administrative and National Policy [email protected]. site and about effective strategies for Requirements: We identify If you use a TDD, call the FRS, toll replication in other settings. Applicants are administrative and national policy free, at 1–800–877–8339. encouraged to devote an appropriate level of requirements in the application package resources to project evaluation. and reference these and other VIII. Other Information Application Requirements: requirements in the Applicable Accessible Format: Individuals with Applicants applying for CSP grant funds Regulations section of this notice. disabilities can obtain this document must address both the following We reference the regulations outlining and a copy of the application package in application requirements, which are the terms and conditions of an award in an accessible format (e.g., braille, large based on the statute, and the selection the Applicable Regulations section of print, audiotape, or computer diskette) criteria described in this notice. An this notice and include these and other on request to either program contact applicant may choose to respond to the specific conditions in the GAN. The persons listed under FOR FURTHER

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INFORMATION CONTACT of section VII in 82226), and the correction notice toward achieving the goals and this notice. published in the Federal Register on objectives will be measured annually; Electronic Access to This Document: January 10, 2001 (66 FR 1963) (4) Design and implement prevention You can view this document, as well as (collectively, the Notice of Final strategies, using student input and all other documents of this Department Priorities and Selection Criteria). participation, that research has shown published in the Federal Register, in Absolute Priorities: For FY 2009 and to be effective in preventing violent text or Adobe Portable Document any subsequent year in which we make behavior among college students; Format (PDF) on the Internet at the awards based on the list of unfunded (5) Use a qualified evaluator to design following site: http://www.ed.gov/news/ applications from this competition, and implement an evaluation of the fedregister. these priorities are absolute priorities. project using outcomes-based To use PDF you must have Adobe Under 34 CFR 75.105(c)(3) we consider (summative) performance indicators Acrobat Reader, which is available free only applications that meet either of related to behavioral change and process at this site. If you have questions about these absolute priorities. (formative) measures that assess and using PDF, call the U.S. Government These priorities are: document the strategies used; and Printing Office (GPO), toll free, at 1– Absolute Priority One—Develop or (6) Demonstrate the ability to start the 888–293–6498; or in the Washington, Enhance, Implement, and Evaluate project within 60 days after receiving DC, area at (202) 512–1530. Campus-and/or Community-Based Federal funding in order to maximize Strategies to Prevent High-Risk Drinking the time available to show impact Note: The official version of this document is the document published in the Federal Among College Students within the grant period. Register. Free Internet access to the official Under this priority, applicants are Program Authority: 20 U.S.C. 7131. edition of the Federal Register and the Code required to: Applicable Regulations: (a) The of Federal Regulations is available on GPO (1) Identify a specific student Education Department General Access at: http://www.gpoaccess.gov/nara/ population to be served by the grant and Administrative Regulations (EDGAR) in index.html. provide a justification for its selection; 34 CFR parts 74, 75, 77, 79, 80, 81, 82, (2) Provide evidence that a needs 84, 85, 86, 97, 98, 99, and 299. (b) The Dated: December 10, 2008. assessment has been conducted on Notice of Final Priority and Selection Amanda L. Farris, campus to document prevalence rates Criteria. (c) The notice of final eligibility Assistant Deputy Secretary for Innovation and related to high-risk drinking by the requirement published in the Federal Improvement. population selected; Register on December 4, 2006 (71 FR [FR Doc. E8–29632 Filed 12–12–08; 8:45 am] (3) Set measurable goals and 70369). BILLING CODE 4000–01–P objectives for the proposed project and Note: The regulations in 34 CFR part 79 provide a description of how progress apply to all applicants except federally toward achieving the goals and recognized Indian tribes. DEPARTMENT OF EDUCATION objectives will be measured annually; (4) Design and implement prevention Note: The regulations in 34 CFR part 86 Office of Safe and Drug-Free Schools; strategies, using student input and apply to institutions of higher education (IHEs) only. Overview Information: Grant participation, that research has shown Competition To Prevent High-Risk to be effective in preventing high-risk II. Award Information Drinking or Violent Behavior Among drinking by the target population; College Students; Notice Inviting (5) Use a qualified evaluator to design Type of Award: Discretionary grants. Applications for New Awards for Fiscal and implement an evaluation of the Estimated Available Funds: The Year (FY) 2009 project using outcomes-based Administration has requested (summative) performance indicators $2,447,000 for new awards for this Catalog of Federal Domestic program. The actual level of funding, if Assistance (CFDA) Number: 84.184H. related to behavioral change and process (formative) measures that assess and any, depends on final congressional Dates: action. However, we are inviting Applications Available: December 15, document the strategies used; and (6) Demonstrate the ability to start the applications to allow enough time to 2008. complete the grant process if Congress Deadline for Transmittal of project within 60 days after receiving Federal funding in order to maximize appropriates funds for this program. Applications: January 30, 2009. Contingent upon the availability of Deadline for Intergovernmental the time available to show impact within the grant period. funds and the quality of applications, Review: April 1, 2009. we may make additional awards later in Full Text of Announcement Absolute Priority Two—Develop or FY 2009 and in subsequent fiscal years Enhance, Implement, and Evaluate from the list of unfunded applicants I. Funding Opportunity Description Campus- and/or Community-Based from this competition. Purpose of Program: The Grant Strategies To Prevent Violent Behavior Estimated Range of Awards: Competition to Prevent High-Risk Among College Students $100,000–$150,000. Drinking or Violent Behavior Among Under this priority, applicants are Estimated Average Size of Awards: College Students provides awards to required to: $136,000. develop or enhance, implement, and (1) Identify a specific student Estimated Number of Awards: 18. evaluate campus-and/or community- population to be served by the grant and Note: The Department is not bound by any based strategies to prevent high-risk provide a justification for its selection; estimates in this notice. drinking or violent behavior among (2) Provide evidence that a needs Project Period: Up to 24 months. college students. assessment has been conducted on Priorities: These priorities are from campus to document prevalence rates III. Eligibility Information the notice of final priorities and related to violent behavior; 1. Eligible Applicants: IHEs, consortia selection criteria for this program, (3) Set measurable goals and thereof, public and private nonprofit published in the Federal Register on objectives for the proposed project and organizations, including faith-based December 27, 2000 (65 FR 82224– provide a description of how progress organizations, and individuals.

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Note: The Secretary is limiting eligibility electronically using the Grants.gov the downloadable application package under the Grant Competition to Prevent Apply site (Grants.gov), or in paper for this competition by the CFDA High-Risk Drinking or Violent Behavior format by mail or hand delivery. For number. Do not include the CFDA Among College Students (CFDA Number information (including dates and times) number’s alpha suffix in your search 84.184H) to applicants that do not currently (e.g., search for 84.184, not 84.184H). have an active grant under this program. For about how to submit your application electronically, or in paper format by Please note the following: the purpose of this eligibility requirement, a • grant is considered active until the end of the mail or hand delivery, please refer to Your participation in Grants.gov is section IV.6. Other Submission voluntary. grant’s project or funding period, including • any extensions of those periods that extend Requirements of this notice. When you enter the Grants.gov site, the grantee’s authority to obligate funds (71 We do not consider an application you will find information about FR 70369). that does not comply with the deadline submitting an application electronically through the site, as well as the hours of 2. Cost Sharing or Matching: This requirements. operation. program does not require cost sharing or Individuals with disabilities who • Applications received by Grants.gov matching. need an accommodation or auxiliary aid in connection with the application are date and time stamped. Your IV. Application and Submission process should contact the person listed application must be fully uploaded and Information under FOR FURTHER INFORMATION submitted and must be date and time 1. Address to Request Application CONTACT in section VII of this notice. If stamped by the Grants.gov system no Package: You can obtain an application the Department provides an later than 4:30:00 p.m., Washington, DC package via the Internet, from the accommodation or auxiliary aid to an time, on the application deadline date. Education Publications Center (ED individual with a disability in Except as otherwise noted in this section, we will not accept your Pubs), or from the program office. connection with the application To obtain a copy via the Internet, use process, the individual’s application application if it is received—that is, date the following address: www.ed.gov/ remains subject to all other and time stamped by the Grants.gov fund/grant/apply/grantapps/index.html. requirements and limitations in this system—after 4:30:00 p.m., Washington, To obtain a copy from ED Pubs, write, notice. DC time, on the application deadline fax, or call the following: Education Deadline for Intergovernmental date. We do not consider an application Publications Center, P.O. Box 1398, Review: April 1, 2009. that does not comply with the deadline Jessup, MD 20794–1398. Telephone, 4. Intergovernmental Review: This requirements. When we retrieve your toll-free: 1–877–433–7827. Fax: (301) competition is subject to Executive application from Grants.gov, we will 470–1244. If you use a Order 12372 and the regulations in 34 notify you if we are rejecting your telecommunications device for the deaf CFR part 79. Information about application because it was date and time (TDD), call toll free: 1–877–576–7734. Intergovernmental Review of Federal stamped by the Grants.gov system after You can contact ED Pubs at its Web Programs under Executive Order 12372 4:30:00 p.m., Washington, DC time, on is in the application package for this the application deadline date. site, also: www.ed.gov/pubs/ • edpubs.html or at its e-mail address: program. The amount of time it can take to [email protected]. 5. Funding Restrictions: We reference upload an application will vary If you request an application from ED regulations outlining funding depending on a variety of factors, Pubs, be sure to identify this program as restrictions in the Applicable including the size of the application and follows: CFDA number 84.184H. Regulations section of this notice. the speed of your Internet connection. To obtain a copy from the program 6. Other Submission Requirements: Therefore, we strongly recommend that office, contact: Amalia Cuervo, Office of Applications for grants under this you do not wait until the application Safe and Drug-Free Schools, U.S. program may be submitted deadline date to begin the submission electronically or in paper format by mail process through Grants.gov. Department of Education, 550 12th • Street SW., room 10113, Washington, or hand delivery. You should review and follow the DC 20202. Telephone: 202–245–7881 or a. Electronic Submission of Education Submission Procedures for by e-mail: [email protected]. If you Applications. submitting an application through use a TDD, call the Federal Relay We are participating as a partner in Grants.gov that are included in the Service (FRS), toll free, at 1–800–877– the Governmentwide Grants.gov Apply application package for this program to 8339. site. The Grant Competition to Prevent ensure that you submit your application Individuals with disabilities can High-Risk Drinking or Violent Behavior in a timely manner to the Grants.gov obtain a copy of the application package Among College Students, CFDA Number system. You can also find the Education in an accessible format (e.g., braille, 84.184H, is included in this project. We Submission Procedures pertaining to large print, audiotape, or computer request your participation in Grants.gov. Grants.gov at http://e-Grants.ed.gov/ diskette) by contacting the program If you choose to submit your help/ application electronically, you must use GrantsgovSubmissionProcedures.pdf. contact person listed in this section. • 2. Content and Form of Application the Governmentwide Grants.gov Apply To submit your application via Submission: Requirements concerning site at www.Grants.gov. Through this Grants.gov, you must complete all steps the content of an application, together site, you will be able to download a in the Grants.gov registration process with the forms you must submit, are in copy of the application package, (see www.grants.gov/applicants/ _ the application package for this complete it offline, and then upload and get registered.jsp). These steps include program. submit your application. You may not e- (1) registering your organization, a 3. Submission Dates and Times: mail an electronic copy of a grant multi-part process that includes Applications Available: December application to us. registration with the Central Contractor 15, 2008. You may access the electronic grant Registry (CCR); (2) registering yourself Deadline for Transmittal of application for the Grant Competition to as an Authorized Organization Applications: January 30, 2009. Prevent High-Risk Drinking or Violent Representative (AOR); and (3) getting Applications for grants under this Behavior Among College Students at authorized as an AOR by your program may be submitted www.Grants.gov. You must search for organization. Details on these steps are

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outlined in the Grants.gov 3-Step contact the Grants.gov Support Desk, (4) Any other proof of mailing Registration Guide (see www.grants.gov/ toll free, at 1–800–518–4726. You must acceptable to the Secretary of the U.S. section910/ obtain a Grants.gov Support Desk Case Department of Education. Grants.govRegistrationBrochure.pdf). Number and must keep a record of it. If you mail your application through You also must provide on your If you are prevented from the U.S. Postal Service, we do not application the same D–U–N–S Number electronically submitting your accept either of the following as proof used with this registration. Please note application on the application deadline of mailing: that the registration process may take date because of technical problems with (1) A private metered postmark. five or more business days to complete, the Grants.gov system, we will grant you (2) A mail receipt that is not dated by and you must have completed all an extension until 4:30:00 p.m., the U.S. Postal Service. registration steps to allow you to submit Washington, DC time, the following If your application is postmarked after successfully an application via business day to enable you to transmit the application deadline date, we will Grants.gov. In addition you will need to your application electronically or by not consider your application. update your CCR registration on an hand delivery. You also may mail your Note: The U.S. Postal Service does not annual basis. This may take three or application by following the mailing uniformly provide a dated postmark. Before more business days to complete. instructions described elsewhere in this relying on this method, you should check • You will not receive additional notice. with your local post office. point value because you submit your If you submit an application after c. Submission of Paper Applications application in electronic format, nor 4:30:00 p.m., Washington, DC time, on by Hand Delivery. will we penalize you if you submit your the application deadline date, please If you submit your application in application in paper format. contact the person listed under FOR • paper format by hand delivery, you (or If you submit your application FURTHER INFORMATION CONTACT in a courier service) must deliver the electronically, you must submit all section VII of this notice and provide an original and two copies of your documents electronically, including all explanation of the technical problem application by hand, on or before the information you typically provide on you experienced with Grants.gov, along application deadline date, to the the following forms: Application for with the Grants.gov Support Desk Case Department at the following address: Federal Assistance (SF 424), the Number. We will accept your U.S. Department of Education, Department of Education Supplemental application if we can confirm that a Application Control Center, Attention: Information for SF 424, Budget technical problem occurred with the (CFDA Number 84.184H) 550 12th Information—Non-Construction Grants.gov system and that that problem Street, SW., Room 7041, Potomac Center Programs (ED 524), and all necessary affected your ability to submit your Plaza, Washington, DC 20202–4260. assurances and certifications. application by 4:30:00 p.m., • The Application Control Center If you submit your application Washington, DC time, on the accepts hand deliveries daily between electronically, you must attach any application deadline date. The 8:00 a.m. and 4:30:00 p.m., Washington, narrative sections of your application as Department will contact you after a DC time, except Saturdays, Sundays, files in a .DOC (document), .RTF (rich determination is made on whether your and Federal holidays. text), or .PDF (Portable Document) application will be accepted. format. If you upload a file type other Note for Mail or Hand Delivery of than the three file types specified in this Note: The extensions to which we refer in Paper Applications: If you mail or hand this section apply only to the unavailability paragraph or submit a password- deliver your application to the of, or technical problems with, the Grants.gov Department— protected file, we will not review that system. We will not grant you an extension material. if you failed to fully register to submit your (1) You must indicate on the envelope • Your electronic application must application to Grants.gov before the and—if not provided by the comply with any page-limit application deadline date and time or if the Department—in Item 11 of the SF 424 requirements described in this notice. technical problem you experienced is the CFDA number, including suffix • After you electronically submit unrelated to the Grants.gov system. letter, if any, of the competition under your application, you will receive from b. Submission of Paper Applications which you are submitting your Grants.gov an automatic notification of by Mail. application; and receipt that contains a Grants.gov If you submit your application in (2) The Application Control Center tracking number. (This notification paper format by mail (through the U.S. will mail to you a notification of receipt indicates receipt by Grants.gov only, not Postal Service or a commercial carrier), of your grant application. If you do not receipt by the Department.) The you must mail the original and two receive this notification within 15 Department then will retrieve your copies of your application, on or before business days from the application application from Grants.gov and send a the application deadline date, to the deadline date, you should call the U.S. second notification to you by e-mail. Department at the following address: Department of Education Application This second notification indicates that U.S. Department of Education, Control Center at (202) 245–6288. the Department has received your Application Control Center, Attention: V. Application Review Information application and has assigned your CFDA Number 84.184H, LBJ Basement application a PR/Award number (an ED- Level 1, 400 Maryland Avenue, SW., 1. Selection Criteria: The selection specified identifying number unique to Washington, DC 20202–4260. criteria for this program are from the your application). You must show proof of mailing Notice of Final Priorities and Selection • We may request that you provide us consisting of one of the following: Criteria and are listed in the application original signatures on forms at a later (1) A legibly dated U.S. Postal Service package. date. postmark. 2. Review and Selection Process: An Application Deadline Date Extension (2) A legible mail receipt with the additional factor we may consider in in Case of Technical Issues with the date of mailing stamped by the U.S. selecting an application for an award is Grants.gov System: If you are Postal Service. the geographic distribution of the experiencing problems submitting your (3) A dated shipping label, invoice, or projects, in addition to the rank order of application through Grants.gov, please receipt from a commercial carrier. applicants.

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VI. Award Administration Information VII. Agency Contact Description: Chandeleur Pipe Line Co submits Sixth Revised Sheet 73 to FERC FOR FURTHER INFORMATION CONTACT: 1. Award Notices: If your application Gas Tariff, Second Revised Volume 1. is successful, we notify your U.S. Amalia Cuervo, Office of Safe and Drug- Filed Date: 12/08/2008. Representative and U.S. Senators and Free Schools, U.S. Department of Accession Number: 20081210–0091. send you a Grant Award Notice (GAN). Education, 550 12th Street, SW., room Comment Date: 5 p.m. Eastern Time We may notify you informally, also. 10113, Washington, DC 20202. on Monday, December 22, 2008. Telephone: 202–245–7881 or by e- If your application is not evaluated or mail: [email protected]. Docket Numbers: RP09–39–001. not selected for funding, we notify you. If you use a TDD, call the FRS, toll Applicants: Kinder Morgan Interstate 2. Administrative and National Policy free, at 1–800–877–8339. Gas Trans. LLC. Description: Kinder Morgan Interstate Requirements: We identify VIII. Other Information Gas Transmission LLC submits Sub. administrative and national policy First Revised Sheet et al. part of its requirements in the application package Accessible Format: Individuals with FERC Gas Tariff, Fourth Revised and reference these and other disabilities can obtain this document and a copy of the application package in Volume 1–A. requirements in the Applicable Filed Date: 12/05/2008. Regulations section of this notice. an accessible format (e.g., braille, large print, audiotape, or computer diskette) Accession Number: 20081208–0553. We reference the regulations outlining on request to the program person listed Comment Date: 5 p.m. Eastern Time the terms and conditions of an award in on Wednesday, December 17, 2008. under FOR FURTHER INFORMATION the Applicable Regulations section of CONTACT in section VII of this notice. Docket Numbers: RP09–135–000. this notice and include these and other Electronic Access to This Document: Applicants: Transcontinental Gas specific conditions in the GAN. The You can view this document, as well as Pipeline Corporation. GAN also incorporates your approved all other documents of this Department Description: Transcontinental Gas application as part of your binding published in the Federal Register, in Pipe Line Corp submits the Forty-Third commitments under the grant. text or Adobe Portable Document Revised Sheet 28 to its FERC Gas Tariff, 3. Reporting: At the end of your Format (PDF) on the Internet at the Third Revised Volume 1, to be effective project period, you must submit a final following site: www.ed.gov/news/ 12/1/08. performance report, including financial fedregister. Filed Date: 12/04/2008. information, as directed by the To use PDF you must have Adobe Accession Number: 20081208–0403. Comment Date: 5 p.m. Eastern Time Secretary. If you receive a multi-year Acrobat Reader, which is available free on Tuesday, December 16, 2008. award, you must submit an annual at this site. If you have questions about performance report that provides the using PDF, call the U.S. Government Docket Numbers: RP09–136–000. most current performance and financial Printing Office (GPO), toll free, at 1– Applicants: Midcontinent Express expenditure information as directed by 888–293–6498; or in the Washington, Pipeline LLC. Description: Midcontinent Express the Secretary under 34 CFR 75.118. The DC, area at (202) 512–1530. Pipeline, LLC Original Sheet 1 et al. to Secretary may also require more You can view this document in text FERC Gas Tariff, Original Volume 1, to frequent performance reports under 34 or PDF at the following site, also: be effective 3/1/09. CFR 75.720(c). For specific www.ed.gov/programs/dvphighrisk/ applicant.html. Filed Date: 12/04/2008. requirements on reporting, please go to Accession Number: 20081208–0404. www.ed.gov/fund/grant/apply/ Note: The official version of this document Comment Date: 5 p.m. Eastern Time appforms/appforms.html. is the document published in the Federal Register. Free Internet access to the official on Tuesday, December 16, 2008. 4. Performance Measures: Under the edition of the Federal Register and the Code Docket Numbers: RP09–137–000. Government Performance and Results of Federal Regulations is available on GPO Applicants: Northern Natural Gas Act of 1993 (GPRA), the Department has Access at: www.gpoaccess.gov/nara/ Company. established the following performance index.html. Description: Petition of Northern measures for the Grant Competition to Natural Gas Co for limited waiver of Prevent High-Risk Drinking or Violent Dated: December 10, 2008. tariff provisions. Behavior Among College Students: (1) Deborah A. Price, Filed Date: 12/05/2008. The percentage of grantees that achieve Assistant Deputy Secretary for Safe and Drug- Accession Number: 20081208–0402. a five percent decrease in high-risk Free Schools. Comment Date: 5 p.m. Eastern Time drinking among students served by the [FR Doc. E8–29656 Filed 12–12–08; 8:45 am] on Wednesday, December 17, 2008. project (Absolute Priority One) and (2) BILLING CODE 4000–01–P Docket Numbers: RP09–138–000. the percentage of grantees that achieve Applicants: Questar Overthrust a five percent decrease in violent Pipeline Company. behavior among students served by the DEPARTMENT OF ENERGY Description: Questar Overthrust project (Absolute Priority Two). These Pipeline Co submits Third Revised measures constitute the Department’s Federal Energy Regulatory Sheet 4 et al. to FERC Gas Tariff, Second indicator of success for this program. Commission Revised Volume 1–A. Consequently, we advise an applicant Filed Date: 12/05/2008. Combined Notice of Filings for a grant under this program to give Accession Number: 20081208–0401. careful consideration to these measures December 10, 2008. Comment Date: 5 p.m. Eastern Time in conceptualizing the approach and Take notice that the Commission has on Wednesday, December 17, 2008. evaluation for its proposed project. Each received the following Natural Gas Docket Numbers: RP09–139–000. grant will be required to provide, in its Pipeline Rate and Refund Report filings: Applicants: Dominion Cove Point annual performance and final reports, Docket Numbers: RP00–500–007. LNG, LP. data about its progress in meeting these Applicants: Chandeleur Pipe Line Description: Dominion Cove Point measures. Company. LNG, LP submits Tenth Revised Sheet

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11 et al. of its FERC Gas Tariff, Original Filed Date: 12/08/2008. Anyone filing a motion to intervene or Volume 1. Accession Number: 20081210–0093. protest must serve a copy of that Filed Date: 12/05/2008. Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference Accession Number: 20081208–0552. on Monday, December 22, 2008. to filings initiating a new proceeding, Comment Date: 5 p.m. Eastern Time Docket Numbers: RP09–146–000. interventions or protests submitted on on Wednesday, December 17, 2008. Applicants: Wyoming Interstate or before the comment deadline need Docket Numbers: RP09–140–000. Company, Ltd. not be served on persons other than the Applicants: Wyoming Interstate Description: Wyoming Interstate Co, Applicant. Company, Ltd. Ltd submits two Firm Transportation The Commission encourages Description: Wyoming Interstate Service Agreements with Williams Gas electronic submission of protests and Company, Ltd submits Second Revised Marketing, Inc et al. and Eleventh interventions in lieu of paper, using the Sheet 42A to FERC Gas Tariff 2R2. Revised Sheet 1 to its FERC Gas Tariff, FERC Online links at http:// Filed Date: 12/05/2008. Second Revised Volume 2, to be www.ferc.gov. To facilitate electronic Accession Number: 20081208–0549. effective 12/22/08. service, persons with Internet access Comment Date: 5 p.m. Eastern Time Filed Date: 12/08/2008. who will eFile a document and/or be on Wednesday, December 17, 2008. Accession Number: 20081210–0092. listed as a contact for an intervenor Docket Numbers: RP09–141–000. Comment Date: 5 p.m. Eastern Time must create and validate an Applicants: Columbia Gulf on Monday, December 22, 2008. eRegistration account using the Transmission Company. Docket Numbers: RP09–147–000. eRegistration link. Select the eFiling Description: Columbia Gulf Applicants: Southern Natural Gas link to log on and submit the Transmission Company submits Ninth Company. intervention or protests. Revised Sheet 1 to FERC Gas Tariff 1R2. Description: Southern Natural Gas Co Persons unable to file electronically Filed Date: 12/05/2008. submits Seventeenth Revised Sheet 2 et should submit an original and 14 copies Accession Number: 20081208–0548. al. to FERC Gas Tariff, Seventh Revised of the intervention or protest to the Comment Date: 5 p.m. Eastern Time Volume 1, to be effective 1/9/09. Federal Energy Regulatory Commission, on Wednesday, December 17, 2008. Filed Date: 12/08/2008. 888 First St., NE., Washington, DC Docket Numbers: RP09–142–000. Accession Number: 20081210–0094. 20426. Applicants: Columbia Gas Comment Date: 5 p.m. Eastern Time The filings in the above proceedings Transmission Corporation. on Monday, December 22, 2008. are accessible in the Commission’s eLibrary system by clicking on the Description: Columbia Gas Docket Numbers: CP07–32–007. appropriate link in the above list. They Transmission Corporation submits Eight Applicants: Gulf South Pipeline are also available for review in the Revised Sheet 1 to FERC Gas Tariff 1R2. Company, L.P. Filed Date: 12/05/2008 Description: Gulf South Pipeline Commission’s Public Reference Room in Accession Number: 20081208–0547. Company, L.P., submits Second Sub Washington, DC. There is an Comment Date: 5 p.m. Eastern Time Fourteenth Revised Sheet No. 20 et al., eSubscription link on the Web site that on Wednesday, December 17, 2008. to FERC Gas Tariff, Sixth Revised enables subscribers to receive e-mail Docket Numbers: RP09–143–000. Volume No. 1, to be effective 5/27/08. notification when a document is added Applicants: Texas Eastern Filed Date: 12/03/2008. to a subscribed dockets(s). For Transmission, L.P. Accession Number: 20081205–0029. assistance with any FERC Online Description: Texas Eastern Comment Date: 5 p.m. Eastern Time service, please e-mail Transmission, LP submits request that on Monday, December 22, 2008. [email protected]. or call the Commission acknowledge that the (866) 208–3676 (toll free). For TTY, call Docket Numbers: CP09–28–000. (202) 502–8659. capacity release posting and bidding Applicants: Transcontinental Gas requirements are unnecessary for Pipe Line Corporation. Nathaniel J. Davis, Sr., negotiated fuel caps associated with the Description: Application of City of Deputy Secretary. service agreements, etc. Alexander City, Alabama for order [FR Doc. E8–29620 Filed 12–12–08; 8:45 am] Filed Date: 12/05/2008. permitting and approving abandonment BILLING CODE 6717–01–P Accession Number: 20081208–0546. of service re Transcontinental Gas Pipe Comment Date: 5 p.m. Eastern Time Line Corporation. on Wednesday, December 17, 2008. Filed Date: 12/04/2008. DEPARTMENT OF ENERGY Docket Numbers: RP09–144–000. Accession Number: 20081208–0555. Applicants: El Paso Natural Gas Comment Date: 5 p.m. Eastern Time Western Area Power Administration Company. on Monday, December 22, 2008. Description: El Paso Natural Gas Any person desiring to intervene or to Wind Hydropower Integration Company submits Second Revised protest in any of the above proceedings Feasibility Study Volume 1A to its FERC Gas Tariff, must file in accordance with Rules 211 AGENCY: Western Area Power effective 2/1/09. and 214 of the Commission’s Rules of Administration, DOE. Filed Date: 12/05/2008. Practice and Procedure (18 CFR 385.211 ACTION: Notice of a Draft Wind Accession Number: 20081208–0554. and 385.214) on or before 5 p.m. Eastern Hydropower Feasibility Study Report. Comment Date: 5 p.m. Eastern Time time on the specified comment date. It on Wednesday, December 17, 2008. is not necessary to separately intervene SUMMARY: The Western Area Power Docket Numbers: RP09–145–000. again in a subdocket related to a Administration (Western) is publishing Applicants: Wyoming Interstate compliance filing if you have previously this notice to inform interested parties Company, Ltd. intervened in the same docket. Protests of the Draft Feasibility Study Report for Description: Wyoming Interstate Co, will be considered by the Commission the Wind Hydropower Integration Ltd submits Sixth Revised Sheet 4D et in determining the appropriate action to Feasibility Study (WHFS). The WHFS al. to FERC Gas Tariff, Second Revised be taken, but will not serve to make involved a study on the integration of Volume 2, to be effective 12/22/08. protestants parties to the proceeding. wind energy generated by Indian tribes

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and hydropower generated by the Army Mid-West Electric Consumers Availability of Information Corps of Engineers on the Missouri Association, which represents the The Draft WHFS report is available for River to supply power to Western. This majority of Western’s customers in the inspection and copying at the UGPR study applies only to Western’s Upper UGPR. Three UGPR customers served as office located at 2900 4th Ave. North, Great Plains Region (UGPR). customer representative project team Billings, Montana. Comments and DATES: An entity interested in members. responses to comments on the Draft commenting on the Draft WHFS report Western requested public comment WHFS report will be available for must submit written comments to on the draft WHFS work plan through inspection and copying at this location Western’s Upper Great Plains Office at notice published in the Federal Register after the comment period closes. The the address below. Western must / Vol. 72 No. 181, pg. 53560–53561, on Draft WHFS report and future WHFS receive written and/or electronic Wednesday, September 19, 2007. documents are/will be available for comments by 4 p.m., Mountain Daylight Additionally, a public meeting was held viewing at http://www.wapa.gov/ugp/ Time, on February 13, 2009. Western in Bismarck, North Dakota, on PowerMarketing/WindHydro/ reserves the right to not consider any September 27, 2007. The final WHFS Default.htm. comments received after the prescribed work plan was issued on November 5, date and time. 2007. WHFS Report Procedure Requirements Western will hold a public meeting on Environmental Compliance the Draft Feasibility Study Report Objectives associated with the WHFS. The public Section 2606 (25 U.S.C. 3505 (c)), In compliance with the National meeting date is: January 13, at 1 p.m., required that a report describing the Environmental Policy Act (NEPA) of Mountain Standard Time. The public results of the study be prepared and 1969 (42 U.S.C. 4321, et seq.); Council meeting location is the Best Western include an analysis and comparison of on Environmental Quality Regulations Ramkota Hotel, 2111 N. LaCrosse Street, the potential energy cost or benefits to for implementing NEPA (40 CFR parts Rapid City, SD. the customers of the Western Area 1500–1508); and DOE NEPA ADDRESSES: Send written comments to Power Administration through the use Implementing Procedures and Mr. Robert J. Harris, Regional Manager, of combined wind and hydropower; an Guidelines (10 CFR part 1021), Western Upper Great Plains Region, Western economic and engineering evaluation of has determined the WHFS is Area Power Administration, 2900 4th whether a combined wind and encompassed within a class of action Avenue North, Billings, MT 59101– hydropower system can reduce reservoir listed in Appendix A to Subpart D (10 1266, or e-mail fluctuation, enhance efficient and CFR 1021.410) which lists actions not [email protected]. reliable energy production, and provide normally requiring the preparation of either an Environmental Impact FOR FURTHER INFORMATION CONTACT: Mr. Missouri River management flexibility; Statement or an Environmental Michael A. Radecki, Energy Services if found feasible, recommendations for a Assessment. Specifically, the WHFS Specialist, Upper Great Plains Region, demonstration project to be carried out action met the categorical exclusion Western Area Power Administration, by the Western Area Power listed under A9 of Appendix A to 2900 4th Avenue North, Billings, MT Administration, in partnership with an Subpart D of part 1021 ‘‘Information 59101–1266, telephone (406) 247–7442, Indian tribal government or tribal gathering/data analysis/document or e-mail [email protected]. energy resource development organization, and Western Area Power preparation/dissemination,’’ which SUPPLEMENTARY INFORMATION: The specifically includes feasibility studies. Energy Policy Act of 2005, Public Law Administration customers to 109–58 amended Title XXVI of the demonstrate the feasibility and potential Dated: December 3, 2008. Energy Policy Act of 1992 to, inter alia, of using wind energy produced on Timothy J. Meeks, add a new Section 2606 (25 U.S.C. Indian land to supply firming energy to Administrator. 3506). Section 2606 requires that the the Western Area Power [FR Doc. E8–29602 Filed 12–12–08; 8:45 am] Secretary of Energy, in coordination Administration; and an identification of BILLING CODE 6450–01–P with the Secretary of the Army and the the economic and environmental costs Secretary [of the Interior], shall conduct of, or benefits to be realized through, a a study of the cost and feasibility of Federal-tribal-customer partnership; and ENVIRONMENTAL PROTECTION developing a demonstration project that the manner in which a Federal-tribal- AGENCY uses wind energy generated by Indian customer partnership could contribute tribes and hydropower generated by the to the energy security of the United [EPA–HQ–OPP–2008–0255; FRL–8751–7] States. Army Corps of Engineers on the Agency Information Collection Missouri River to supply firming power WHFS Draft Report Activities; Submission to OMB for to the Western Area Power Western seeks public comment on the Review and Approval; Comment Administration. Request; Foreign Purchaser 25 U.S.C. 3506(a) also directed the Draft WHFS report. Acknowledgment Statement of formation of a study team to include an The Draft WHFS report has been Unregistered Pesticides; EPA ICR No. independent tribal engineer and a structured to address the requirements 0161.11, OMB Control No. 2070–0027 Western customer representative. In of section 2606, as well as incorporate March 2007, through written and make best use of previous wind AGENCY: Environmental Protection correspondence, Western requested integration and transmission studies. In Agency (EPA). nominations for an independent tribal particular, the study has incorporated ACTION: Notice. engineer from each of the 25 Indian the results of the Dakota Wind tribes in the UGPR. Three Indian tribes Transmission study, October 2005, to SUMMARY: In compliance with the and one tribal organization responded the extent appropriate. The WHFS Paperwork Reduction Act (PRA)(44 and served as WHFS study team report also documents efforts U.S.C. 3501 et seq.), this document members. Western solicited non-tribal undertaken to fulfill the objectives announces that an Information customer representation through the identified in the WHFS work plan. Collection Request (ICR) has been

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forwarded to the Office of Management above. Please note that EPA’s policy is EPA, which maintains original records and Budget (OMB) for review and that public comments, whether and transmits copies thereof to approval. This is a request to renew an submitted electronically or in paper, appropriate government officials of the existing approved collection. The ICR, will be made available for public countries which are importing the which is abstracted below, describes the viewing at http://www.regulations.gov pesticides. Pursuant to 40 CFR part 168, nature of the information collection and as EPA receives them and without responses to this collection of its estimated burden and cost. change, unless the comment contains information are mandatory. DATES: Additional comments may be copyrighted material, Confidential Burden Statement: The annual public submitted on or before January 14, 2009. Business Information (CBI), or other reporting and recordkeeping burden for ADDRESSES: Submit your comments, information whose public disclosure is this collection of information is referencing Docket ID No. EPA–HQ– restricted by statute. For further estimated to average 1.06 hours per OPP–2008–0255, to (1) EPA online information about the electronic docket, using http://www.regulations.gov (our go to http://www.regulations.gov. response. Burden means the total time, preferred method), by mail—Office of Title: Foreign Purchaser effort, or financial resources expended Pesticide Programs (OPP), Regulatory Acknowledgment Statement of by persons to generate, maintain, retain, Public Docket (7502P), Environmental Unregistered Pesticides or disclose or provide information to or Protection Agency, 1200 Pennsylvania ICR numbers: EPA ICR No. 0161.11, for a Federal agency. This includes the Ave., NW., Washington, DC 20460, and OMB Control No. 2070–0027. time needed to review instructions; ICR Status: This ICR is scheduled to (2) OMB by mail to: Office of develop, acquire, install, and utilize expire on February 28, 2009. Under Information and Regulatory Affairs, technology and systems for the purposes OMB regulations, the Agency may Office of Management and Budget of collecting, validating, and verifying continue to conduct or sponsor the (OMB), Attention: Desk Officer for EPA, information, processing and collection of information while this 725 17th Street, NW., Washington, DC submission is pending at OMB. An maintaining information, and disclosing 20503. Agency may not conduct or sponsor, and providing information; adjust the FOR FURTHER INFORMATION CONTACT: and a person is not required to respond existing ways to comply with any Nathanael R. Martin, Field and External to, a collection of information, unless it previously applicable instructions and Affairs Division, Office of Pesticide displays a currently valid OMB control requirements which have subsequently Programs, 7506P, Environmental number. The OMB control numbers for changed; train personnel to be able to Protection Agency, 1200 Pennsylvania EPA’s regulations in title 40 of the CFR, respond to a collection of information; Ave., NW., Washington, DC 20460; after appearing in the Federal Register search data sources; complete and telephone number: 703–305–6475; fax when approved, are listed in 40 CFR review the collection of information; number: 703–305–5884; e-mail address: part 9, are displayed either by and transmit or otherwise disclose the [email protected]. publication in the Federal Register or information. SUPPLEMENTARY INFORMATION: EPA has by other appropriate means, such as on Respondents/Affected Entities: submitted the following ICR to OMB for the related collection instrument or Manufacturers of pesticides and other review and approval according to the form, if applicable. The display of OMB agricultural chemicals, exporters of procedures prescribed in 5 CFR 1320.12. control numbers in certain EPA On June 11, 2008 (73 FR 33081) EPA regulations is consolidated in 40 CFR unregistered pesticide products. sought comments on this ICR pursuant part 9. Estimated No. of Respondents: 50. to 5 CFR 1320.8(d). EPA received one Abstract: This information collection Frequency of Collection: On occasion. comment on this ICR during the 60-day program is designed to enable EPA to comment period and addressed them in provide notice to foreign purchasers of Estimated Total Annual Hour Burden: the ICR. Any additional comments on unregistered pesticides exported from 24,492 hours. this ICR should be submitted to EPA the United States that the pesticide Estimated Total Annual Labor Costs: and OMB within 30 days of this notice. product cannot be sold in the United $1,574,306. EPA has established a public docket States. Section 17(a)(2) of the Federal Changes in Burden Estimates: The for this ICR under Docket ID No. EPA– Insecticide, Fungicide, and Rodenticide total estimated annual respondent Act (FIFRA) requires an exporter of any HQ–OPP–2008–0255, which is available burden for this ICR renewal is 24,492 for online viewing at http:// pesticide not registered under FIFRA hours, a reduction of 208 hours from the www.regulations.gov, or in person section 3 or sold under FIFRA section 24,700 total estimated burden hours in viewing at the OPP Regulatory Public 6(a)(1) to obtain a signed statement from Docket in Rm. S–4400, One Potomac the foreign purchaser acknowledging the currently-approved ICR. This change Yard (South Building), 2777 S. Crystal that the purchaser is aware that the is an adjustment and reflects a decrease Drive, Arlington, VA. The hours of pesticide is not registered for use in, and in the estimated average annual number operation of this Docket Facility are cannot be sold in, the United States. A of Foreign Purchaser Acknowledgment from 8:30 a.m. to 4 p.m., Monday copy of this statement must be Statements that will be submitted to through Friday, excluding legal transmitted to an appropriate official of EPA. holidays. The Docket telephone number the government in the importing Dated: December 8, 2008. is (703) 305–5805. country. The purpose of the purchaser John Moses, Use EPA’s electronic docket and acknowledgment statement requirement comment system at http:// is to notify the government of the Acting Director, Collection Strategies Division. www.regulations.gov, to submit or view importing country that a pesticide public comments, access the index judged hazardous to human health or [FR Doc. E8–29637 Filed 12–12–08; 8:45 am] listing of the contents of the docket, and the environment, or for which no such BILLING CODE 6560–50–P to access those documents in the docket hazard assessment has been made, will that are available electronically. Once in be imported into that country. This the system, select ‘‘docket search,’’ then information is submitted in the form of key in the docket ID number identified annual or per-shipment statements to

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ENVIRONMENTAL PROTECTION Integration—Liz Naess, (919) 541–1892; Budget (OMB) delegated to the Board of AGENCY and (2) Economic Incentives and Governors of the Federal Reserve Regulatory Innovations—Carey System (Board) its approval authority [FRL–8752–1] Fitzmaurice, (202)564–1667 (3) Mobile under the Paperwork Reduction Act Clean Air Act Advisory Committee Source Technical Review—John Guy, (PRA), as per 5 CFR 1320.16, to approve (CAAAC): Notice of Meeting (202) 343–9276 Additional Information of and assign OMB control numbers to on these meetings, CAAAC, and its collection of information requests and AGENCY: Environmental Protection Subcommittees can be found on the requirements conducted or sponsored Agency. CAAAC Web site: http://www.epa.gov/ by the Board under conditions set forth ACTION: Notice of Meeting. oar/caaac/. in 5 CFR part 1320 Appendix A.1. For information on access or services Board-approved collections of SUMMARY: The Environmental Protection for individuals with disabilities, please information are incorporated into the Agency (EPA) established the Clean Air contact Mr. Pat Childers at (202) 564– official OMB inventory of currently Act Advisory Committee (CAAAC) on 1082 or [email protected]. To approved collections of information. November 19, 1990, to provide request accommodation of a disability, Copies of the Paperwork Reduction Act independent advice and counsel to EPA please contact Mr. Childers, preferably Submission, supporting statements, and on policy issues associated with at least 10 days prior to the meeting, to approved collection of information implementation of the Clean Air Act of give EPA as much time as possible to instruments are placed into OMB’s 1990. The Committee advises on process your request. public docket files. The Federal Reserve economic, environmental, technical, may not conduct or sponsor, and the Dated: December 9, 2008. scientific, and enforcement policy respondent is not required to respond issues. Pat Childers, to, an information collection that has Designated Federal Official, Clean Air Act DATES & ADDRESSES: Open meeting been extended, revised, or implemented Advisory Committee, Office of Air and on or after October 1, 1995, unless it notice; Pursuant to 5 U.S.C. App. 2 Radiation. Section 10(a)(2), notice is hereby given displays a currently valid OMB control [FR Doc. E8–29646 Filed 12–12–08; 8:45 am] number. that the Clean Air Act Advisory BILLING CODE 6560–50–P Committee will hold its next open Request for Comment on Information meeting on Thursday January 8, 2009 Collection Proposal from 8:30 a.m. to 4 p.m. at the Double FEDERAL ELECTION COMMISSION The following information collection, Tree Hotel at 300 Army Navy Drive, in which is being handled under this Arlington, Virginia. Seating will be Sunshine Act Notices delegated authority, has received initial available on a first come, first served Board approval and is hereby published AGENCY: Federal Election Commission. basis. The Permits, New Source Review for comment. At the end of the comment and Toxics subcommittee will meet on DATE AND TIME: Tuesday, December 16, period, the proposed information January 7, 2009 from 8:30 a.m. to 12 2008 at 10 a.m. collection, along with an analysis of p.m. The Economic Incentives and PLACE: 999 E Street, NW., Washington, comments and recommendations Regulatory Innovations subcommittee DC. received, will be submitted to the Board and Visions and Goals Work Group will STATUS: This meeting will be closed to for final approval under OMB delegated meet jointly on January 7, 2009 from the public. authority. Comments are invited on the approximately 12:45 p.m. to 4:30 p.m. ITEMS TO BE DISCUSSED: Compliance following: The agenda for the CAAAC full matters pursuant to 2 U.S.C. 437g. a. Whether the proposed collection of committee meeting on January 8, 2009 Audits conducted pursuant to 2 information is necessary for the proper will be posted on the Clean Air Act U.S.C. 437g, 438(b), and Title 26, U.S.C. performance of the Federal Reserve’s Advisory Committee Web site at Matters concerning participation in civil functions; including whether the http://www.epa.gov/oar/caaac/. actions or proceedings or arbitration. information has practical utility; Inspection of Committee Documents: Internal personnel rules and procedures b. The accuracy of the Federal The Committee agenda and any or matters affecting a particular Reserve’s estimate of the burden of the documents prepared for the meeting employee. proposed information collection, will be publicly available at the including the validity of the PERSON TO CONTACT FOR INFORMATION: meeting. Thereafter, these documents, methodology and assumptions used; together with CAAAC meeting minutes, Mr. Robert Biersack, Press Officer. c. Ways to enhance the quality, will be available by contacting the Telephone: (202) 694–1220. utility, and clarity of the information to Office of Air and Radiation Docket and Mary W. Dove, be collected; and requesting information under docket Secretary of the Commission. d. Ways to minimize the burden of OAR–2004–0075. The Docket office can [FR Doc. E8–29518 Filed 12–12–08; 8:45 am] information collection on respondents, be reached by e-mail at: a-and-r- including the use of automated [email protected] or Fax: 202–566–9744. BILLING CODE 6715–01–P collection techniques or other forms of FOR FURTHER INFORMATION CONTACT: information technology. DATES: Concerning the CAAAC, please contact FEDERAL RESERVE SYSTEM Comments must be submitted on Pat Childers, Office of Air and or before February 13, 2009. Radiation, U.S. EPA (202) 564–1082, Proposed Agency Information ADDRESSES: You may submit comments, FAX (202) 564–1352 or by mail at U.S. Collection Activities; Comment identified by FR 2644 (OMB No. 7100– EPA, Office of Air and Radiation (Mail Request 0075) by any of the following methods: code 6102 A), 1200 Pennsylvania • Agency Web Site: Avenue, NW., Washington, DC 20004. AGENCY: Board of Governors of the www.federalreserve.gov. Follow the For information on the Subcommittees, Federal Reserve System. instructions for submitting comments at please contact the following SUMMARY: Background. On June 15, www.federalreserve.gov/generalinfo/ individuals: (1) Permits/NSR/Toxics 1984, the Office of Management and foia/ProposedRegs.cfm.

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• Federal eRulemaking Portal: OMB control number: 7100–0075. Selected Assets and Liabilities of www.regulations.gov. Follow the Frequency: Weekly. Domestically Chartered Commercial instructions for submitting comments. Reporters: Domestically chartered Banks and U.S. Branches and Agencies • E-mail: commercial banks and U.S. branches of Foreign Banks (FR 2644; OMB No. [email protected]. and agencies of foreign banks. 7100–0075). This report would be Include the OMB control number in the Annual reporting hours: 120,575 collected from an authorized stratified subject line of the message. hours. sample of 875 domestically chartered • FAX: 202–452–3819 or 202–452– Estimated average hours per response: commercial banks and U.S. branches 3102. 2.65 hours. and agencies of foreign banks. The new • Mail: Jennifer J. Johnson, Secretary, Number of respondents: 875. panel would be significantly smaller General description of reports: The FR Board of Governors of the Federal than the authorized sample of 1,220 2644 is authorized by section 2A and Reserve System, 20th Street and respondents for the current family of 11(a)(2) of the Federal Reserve Act [12 Constitution Avenue, NW., Washington, reports. The proposed FR 2644 report U.S.C. 225(a) and 248(a)(2)] and by would be filed by each institution DC 20551. section 7(c)(2) of the International All public comments are available selected for the reporting panel, Banking Act [12 U.S.C. 3105(c)(2)] and regardless of its asset size or charter from the Board’s Web site at is voluntary. Individual respondent data www.federalreserve.gov/generalinfo/ type, and would consist of 34 data are regarded as confidential under the items. Improvements to the reporting foia/ProposedRegs.cfm as submitted, Freedom of Information Act [5 U.S.C. unless modified for technical reasons. scheme would include increasing 552(b)(4)]. flexibility in analyzing weekly reported Accordingly, your comments will not be Abstract: The Weekly Report of Assets edited to remove any identifying or bank balance sheet data, adapting the and Liabilities for Large U.S. Branches report to fair value accounting as contact information. Public comments and Agencies of Foreign Banks (FR may also be viewed electronically or in prescribed under the Financial 2069; OMB No. 7100–0030), the Weekly Accounting Standards Board (FASB) paper in Room MP–500 of the Board’s Report of Assets and Liabilities for Large Martin Building (20th and C Streets, Statement of Financial Acounting Banks (FR 2416; OMB No. 7100–0075), Standards No. 159, The Fair Value NW.) between 9 a.m. and 5 p.m. on and the Weekly Report of Selected weekdays. Option for Financial Assets and Assets (FR 2644; OMB No. 7100–0075) Financial Liabilities (FAS 159), Additionally, those providing are referred to collectively as the bank comments should send a copy by mail improving the data detail on securities, credit reports. These three voluntary and eliminating data items that are no to the OMB Desk Officer at the Office of reports have been the primary source of Information and Regulatory Affairs, U.S. longer needed at a weekly frequency. high-frequency data used in the analysis The first report for the proposed FR Office of Management and Budget, New of current banking developments. The Executive Office Building, Room 10235, 2644 would be as of July 1, 2009. FR 2416 data are used on a stand-alone Proposed Discontinuance of the FR 725 17th Street, NW., Washington, DC basis to construct the large domestically 20503 or by fax to 202–395–6974. 2416 and the FR 2069: The current FR chartered bank series. The other two 2416 and FR 2069 reporting forms FOR FURTHER INFORMATION CONTACT: A reports collect sample data that are used would be discontinued. The current copy of the PRA OMB submission, to estimate universe levels using data reporting panels for these reporting including the proposed reporting form from the quarterly commercial bank forms would be shifted to the proposed and instructions, supporting statement, Consolidated Reports of Condition and FR 2644 reporting panel and notified and other documents, will be placed Income (FFIEC 031 and 041; OMB No. that either the FR 2416 or FR 2069 into OMB’s public docket files once 7100–0036) and the Report of Assets reporting form had been replaced with approved. These documents will also be and Liabilities of U.S. Branches and the proposed FR 2644 reporting form. made available on the Federal Reserve Agencies of Foreign Banks (FFIEC 002; Proposed Revisions to the FR 2644: Board’s public Web site at: OMB No. 7100–0032) (Call Reports). The new single reporting form would be www.federalreserve.gov/boarddocs/ Data from all three bank credit reports, filed by all selected weekly reporters of reportforms/review.cfm or may be together with data from other sources, bank credit data (large domestically requested from the agency clearance are used to construct weekly estimates chartered commercial banks, small officer, whose name appears below. of bank credit, balance sheet data for the domestically chartered commercial Michelle Shore, Federal Reserve U.S. banking industry, sources and uses banks, and U.S. branches and agencies Board Clearance Officer (202–452– of banks’ funds, and to analyze banking of foreign banks). The Federal Reserve 3829), Division of Research and developments. anticipates that having all reporters use Statistics, Board of Governors of the The Federal Reserve publishes the the same reporting form would remove Federal Reserve System, Washington, data in aggregate form in the weekly H.8 the report-related constraints that make DC 20551. Telecommunications Device statistical release, Assets and Liabilities it difficult to analyze bank behavior for the Deaf (TDD) users may contact of Commercial Banks in the United without significantly reducing the (202–263–4869), Board of Governors of States, which is followed closely by accuracy of the resulting bank credit the Federal Reserve System, other government agencies, the banking aggregates. Washington, DC 20551. industry, the financial press, and other In addition to combining the reporting Proposal to approve under OMB users. This release provides a balance panels, the Federal Reserve proposes to: delegated authority the extension for sheet for the banking industry as a • Adapt this family of reports to fair three years, with revision, of the whole and data disaggregated by its value accounting by asking banks to following report: large domestically chartered, small include loans and securities held in Report title: Weekly Report of domestically chartered, and foreign- trading accounts in the appropriate loan Selected Assets and Liabilities of related components. or security component, Domestically Chartered Commercial Current actions: The Federal Reserve • Include data items on securities by Banks and U.S. Branches and Agencies proposes to combine the three bank issuer and type of security instead of by of Foreign Banks. credit reporting forms into one reporting account type (investment account Agency form numbers: FR 2644. form, the proposed Weekly Report of versus trading account),

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• Include more detail on mortgage- 2. Securities (including securities 3. Federal funds sold and securities backed securities (broken out by issuer reported as trading assets on the Call purchased under agreements to resell. and collected from all banks), Report). As on the current FR 2644 The proposed FR 2644 reporting form • Include more data item detail for reporting form, the securities data on would break out this data item by small domestically chartered banks and the proposed FR 2644 reporting form counterparty, i.e., With commercial U.S. branches and agencies of foreign would include securities held for both banks in the U.S. (including U.S. banks, and investment and trading purposes. branches and agencies of foreign banks) • Delete 10 data items, on net, Domestically chartered banks that do and With others (including nonbank currently collected on the FR 2416 not report data on Call Report Schedule brokers and dealers in securities and reporting form that are no longer needed RC–D would continue to omit trading Federal Home Loan Bank). The detail is on a weekly basis. assets from the securities items on the needed to construct bank credit, which The proposed FR 2644 reporting form proposed FR 2644 reporting form. These excludes federal funds sold to and would consist of 34 data items, an reporters would include all trading reverse repurchase agreements with increase of 13 data items over the assets in new data item 5, Trading banks. The FR 2416 and FR 2069 current FR 2644 reporting form. The 13 assets, other than loans and securities reporting forms include this detail and additional data items are: included above. In addition, the also include Federal funds sold and • Cash and balances due from securities data items on the proposed securities purchased under agreements depository institutions, reporting form would continue to be to resell with nonbank brokers and • Mortgage-backed securities reported broken down by type of issuer, i.e., U.S. dealers in securities. by issuer (U.S. Treasury and agency and Treasury securities and U.S. 4. Loans and leases (including loans other), Government agency obligations and reported as trading assets on the Call • Federal funds sold and reverse Other securities. However, within- Report). The proposed FR 2644 repurchase agreements reported by issuer, data would be further subdivided reporting form would include the counterparty (commercial banks and by type of security, i.e., Mortgage- components of core loans (real estate, others), backed securities and Other. commercial and industrial, and • Allowance for loan and lease losses, The increased detail on mortgage- consumer loans) at the existing level of • Trading assets, backed securities is needed in order to detail, but each component would be • Derivatives with a positive fair better analyze banks’ investment redefined to include loans held for value, trading purposes. Core loans form the strategies and their exposure to • All other assets (a residual), bulk of bank credit and are studied mortgage-backed securities. Both the FR • Total deposits, closely by the Federal Reserve. • Time deposits of $100,000 or more, 2416 and FR 2644 reporting forms The proposed FR 2644 reporting form • Trading liabilities, collect data on mortgage-backed would redefine each loan item to • Derivatives with a negative fair securities in investment accounts only. include loans measured at fair value and value, The FR 2416 reporting form includes reported as trading assets on Call Report • All other liabilities (a residual), and these data items broken out by Pass- Schedule RC–D (for domestically • Net unrealized gains (losses) on through securities and Collateralized chartered banks) or on Schedule RAL available-for-sale securities. Mortgage Obligations and Real Estate (for U.S. branches and agencies of The proposed additions include Mortgage Investment Conduits. The FR foreign banks). This inclusion should several data items that are currently 2069 reporting form does not collect any not prove burdensome for most banks collected from large domestically data on mortgage-backed securities. since most do not book loans in their chartered banks on the FR 2416 and Under the proposed single reporting trading accounts. Nonetheless, some from U.S. branches and agencies of form, data on all mortgage-backed large banks have taken up this practice, foreign banks on the FR 2069. For the securities (whether held in investment so including loans held as trading assets proposed FR 2644, the Federal Reserve or trading accounts) would be collected in the loan items is necessary to revised the methodology for from all institutions. accurately measure bank credit. If a determining the estimated average hours The Federal Reserve proposes to domestically chartered bank does not per response based on the weighted continue collecting the securities items report data on Schedule RC–D of the average of data items submitted with inclusive of securities held as trading Call Report but holds loans as trading values greater than zero. Since many assets and to implement the proper assets, it would include those loans in smaller current FR 2644 reporters have classification of other trading assets in data item 5, Trading assets, other than zero balances on their Call Reports for order to accurately measure bank credit. securities and loans included above. some of the proposed items, these Currently, FR 2416 and FR 2069 The data item 4.b, Loans to, and reporters would not be expected to respondents report all trading assets, acceptances of, commercial banks in the incur large increases in reporting including loans and other non-security U.S. (including U.S. branches and burden under this proposal. items held as trading assets, in data item agencies of foreign banks) would The following is a discussion of each 2, Trading assets, and FR 2644 continue to be included as a separate data item that would be collected on the respondents report trading assets in data item, since interbank loans are proposed FR 2644 reporting form. either data item 1, U.S. Treasury excluded from bank credit. Data item 1. Cash and balances due from securities and U.S. Government agency 4.e, All other loans and leases, would be depository institutions. The proposed obligations, data item 2, Other included to construct total loans and FR 2644 reporting form would include securities, or data item 5, Total assets. leases. The FR 2416 and FR 2069 a new data item, Cash and balances due On the proposed FR 2644 reporting include the data item, Loans for from depository institutions, because form, trading assets would be reported purchasing or carrying securities. The these data would provide a useful in the appropriate security or loan FR 2416 includes the data item, Lease measure of banks’ liquidity positions. component (data item 2 or 4, financing receivables (net of unearned This data item is included on the respectively) or be included in data item income). The proposed FR 2644 report current FR 2416 and FR 2069 reporting 5, Trading assets, other than securities would include these data items in All forms. and loans included above. other loans and leases.

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The proposed FR 2644 would define premises and fixed assets, other real 2644 include this data item as Net due all loan components net of unearned estate owned, investments in to own foreign offices, Edge and income. The FR 2416 reporting form unconsolidated subsidiaries and agreement subsidiaries, and IBFs. The includes the data item Unearned associated companies, intangible assets FR 2069 reporting form includes this income, if any, included in items (including goodwill), derivatives with a data item as Net due to head office and (above). Under the proposed FR 2644 positive fair value held for purposes other related depository institutions in reporting form, this data item would not other than trading, and all remaining the U.S. and in foreign countries. The be reported separately, since all loan assets. new data item, All other liabilities items would be reported net of 7. Total assets. This data item is (including subordinated notes and unearned income. reported net of any allowance for loan debentures), is needed to complete the The proposed FR 2644 would include and lease losses. It equals the sum of liabilities side of the balance sheet, new data item 4.f, Allowance for loan data items 1 through 4.e, 5, 6.a, and 6.b thereby avoiding measurement and lease losses. The FR 2416 reporting minus data item 4.f. To avoid double problems inherent in collecting a partial form includes this data item; however, counting, data item 5.a, Derivatives with balance sheet. In addition to the FR 2069 reporting form does not. a positive fair value (included in item 5 subordinated notes and debentures, All This data item has grown dramatically above), is ignored when constructing other liabilities includes net deferred over the past year, reflecting losses in total assets. tax liabilities, interest and other the troubled credit markets, and is 8. Total deposits. The proposed FR expenses accrued and unpaid, and needed to aid the Federal Reserve in 2644 would include the new data item derivatives with a negative fair value monitoring the health of banks’ loan 8, Total deposits, because it is a major held for purposes other than trading. portfolios. component of the liabilities side of the 12. Total liabilities. This data item is 5. Trading assets, other than balance sheet. The FR 2416 includes the the sum of data items 8, 9.a, 9.b, 10, securities and loans included above. data items Transaction accounts and 11.a, and 11.b (that is, the sum of data The proposed FR 2644 reporting form Nontransaction accounts. The FR 2069 items 8 through 11 excluding items 8.a would include two new data items: includes the data items Transaction and 10.a, to avoid double counting). Trading assets, other than securities and accounts and credit balances and M.1. Net unrealized gains (losses) on loans included above (which includes Nontransaction accounts. The proposed available-for-sale securities. The derivatives, gold bullion, and other FR 2644 would also include data item proposed FR 2644 would include this trading assets) and its subcomponent, 8.a, Time deposits of $100,000 or more new data item to better understand how data item 5.a, Derivatives with a (included in item 8 above), because it is interest rates and market valuations positive fair value (included in item 5 an important component of managed affect the fair value of available-for-sale above). The FR 2416 and FR 2069 liabilities. The Federal Reserve may securities. The FR 2416 includes this include the identical data item, adjust the cutoff for large time deposits data item while the FR 2069 reporting Derivatives with a positive fair value if and when the definition of large time form does not. held for trading purposes. Domestically deposits changes on the Call Reports. M.2. Outstanding principal balance of chartered commercial banks that do not 9. Borrowings. The proposed FR 2644 assets sold and securitized by the report on Schedule RC–D of the Call would include borrowings by reporting bank with servicing retained Report would report total trading assets counterparty, i.e., From commercial or with recourse or other seller-provided in data item 5, Trading assets, other banks in the U.S. (including U.S. credit enhancements. The proposed FR than securities and loans included branches and agencies of foreign banks) 2644 would collect data for above, and would not report any and From others (including FRB and memorandum item M.2.a, Real estate balances in data item 5.a. These data FHLB). These borrowings items are loans, memorandum item M.2.b, Credit items are needed to monitor trading included on the current FR 2416, FR card receivables and other revolving assets and to better understand how 2644, and FR 2069 reporting forms and credit plans, and memorandum item interest rates and market valuations are needed in order to construct M.2.c, Other consumer loans. These affect the fair value of derivatives. managed liabilities. data items are currently included on the 6. Other assets. Net due from related 10. Trading liabilities. The proposed FR 2416 and FR 2644. The data items, foreign offices (if FFIEC 002 respondent, FR 2644 would include two new data Credit cards and related plans and Other include head office and other related items: Trading liabilities and its consumer loans, were added to the FR depository institutions in the U.S.) subcomponent, data item 10.a, 2416 and FR 2644 in June 2000 to would be reported on the proposed FR Derivatives with a negative fair value. replace items previously included on 2644 because it is used in the The FR 2416 and FR 2069 include the the (discontinued) monthly Commercial construction of managed liabilities, an identical data items. Domestically Bank Survey of Consumer Credit (FR aggregate that is tracked by the Federal chartered commercial banks that do not 2571; OMB No. 7100–0080). These data Reserve in order to understand the report on Schedule RC–D of the Call items are published on the monthly composition of banks’ marginal funding Report would report total trading G.19 release, Consumer Credit. The data sources over time. The FR 2416 and FR liabilities in data item 10, Trading item Real estate loans was added to the 2644 include this data item as Net due liabilities, and would not report any FR 2416 and FR 2644 reporting forms in from own foreign offices, Edge and balances in data item 10.a. These data July 2007 to improve the Federal agreement subsidiaries, and IBFs. The items are needed to construct banks’ Reserve’s understanding of residential FR 2069 includes this data item as Net liability for short positions, which is a real estate loan originations. These data due from head office and other related component of managed liabilities. items are needed to aid the Federal depository institutions in the U.S. and 11. Other liabilities. Net due to related Reserve’s interpretation of credit flows in foreign countries. The new data item foreign offices (if FFIEC 002 respondent, even though they are reported by 6.b, All other assets, is needed to include head office and other related relatively few institutions. complete the asset side of the balance depository institutions in the U.S.) Instructions: The instructions would sheet, thereby avoiding measurement would be included on the proposed FR be revised and clarified in accordance problems inherent in collecting a partial 2644 because it is used to construct with changes made to the FR 2644 balance sheet. All other assets includes managed liabilities. The FR 2416 and FR reporting form.

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Proposal To Approve Under OMB 30618, May 28, 2008. No comments Dated: December 9, 2008. Delegated Authority the Discontinuance were received. This OMB clearance Al Matera, of the Following Reports: expires on January 31, 2009. Director, Office of Acquisition Policy. Report title: The Weekly Report of Public comments are particularly [FR Doc. E8–29629 Filed 12–12–08; 8:45 am] Assets and Liabilities for Large U.S. invited on: Whether this collection of BILLING CODE 6820–61–S Branches and Agencies of Foreign information is necessary and whether it Banks; the Weekly Report of Assets and will have practical utility; whether our Liabilities for Large Banks. estimate of the public burden of this Agency Form Numbers: FR 2069; FR collection of information is accurate, DEPARTMENT OF HEALTH AND 2416. and based on valid assumptions and HUMAN SERVICES OMB Control Number: 7100–0030; methodology; ways to enhance the Centers for Disease Control and 7100–0075. quality, utility, and clarity of the Frequency: Weekly. Prevention information to be collected. Reporters: U.S. branches and agencies of foreign banks; Domestically chartered DATES: Submit comments on or before: Seeking To Evaluate Commercial commercial banks. January 14, 2009. Products, or Products in Development, Annual Reporting Hours: 14,560 for In Vitro Serological Diagnosis of FOR FURTHER INFORMATION CONTACT: Ms. hours; 22,386 hours. Pertussis Estimated Average Hours per Jeritta Parnell, Procurement Analyst, Contract Policy Division, at telephone AGENCY: Centers for Disease Control and Response: 4.00 hours; 8.61 hours. Prevention (CDC), Health and Human Number of Respondents: 70; 50. (202) 501–4082 or via e-mail to Services (HHS). Current actions: If the proposal to [email protected]. ACTION: Notice. revise the FR 2644 is approved, then the ADDRESSES: Submit comments regarding current FR 2416 and FR 2069 reporting this burden estimate or any other aspect SUMMARY: The Centers for Disease forms would be discontinued. The of this collection of information, Control and Prevention (CDC), National current reporting panels for these including suggestions for reducing this Center for Immunization and reporting forms would be shifted to the burden to Ms. Jasmeet Seehra, GSA Respiratory Diseases (NCIRD), Division proposed FR 2644 reporting panel and Desk Officer, OMB, Room 10236, NEOB, of Bacterial Diseases (DBD) through its notified that either the FR 2416 or FR Washington, DC 20503, and a copy to component Branches have lead 2069 reporting form had been replaced the Regulatory Secretariat (VPR), technical responsibility for research, with the proposed FR 2644 reporting General Services Administration, Room development and evaluation of form. 4041, 1800 F Street, NW., Washington, diagnostic tools for pertussis and Board of Governors of the Federal Reserve DC 20405. Please cite OMB Control No. application of these to epidemiologic System, December 10, 2008. 3090–0027, Contract Administration, studies of pertussis. CDC uses Jennifer J. Johnson, Quality Assurance (GSAR Parts 542 and epidemiologic, laboratory, clinical, and Secretary of the Board. 546; GSA Form 1678, and GSA Form biostatistical sciences to control and [FR Doc. E8–29563 Filed 12–12–08; 8:45 am] 308), in all correspondence. prevent vaccine preventable infectious diseases. CDC also conducts applied BILLING CODE 6210–01–P SUPPLEMENTARY INFORMATION: research in a variety of settings, and A. Purpose translates the findings of this research GENERAL SERVICES into public health practice. Under certain contracts, because of ADMINISTRATION CDC is seeking to evaluate reliance on contractor inspection in lieu commercial products, or products in [OMB Control No. 3090–0027] of Government inspection, GSA’s development, for in vitro serological Federal Acquisition Service (FAS) diagnosis of pertussis. Specifically these General Services Administration requires documentation from its should include tests to detect anti- Acquisition Regulation; Information contractors to effectively monitor pertussis toxin antibodies in infected Collection; Contract Administration, contractor performance and ensure that and vaccinated individuals. The tests Quality Assurance (GSAR Parts 542 it will be able to take timely action should be based on standardized and 546; GSA Form 1678, and GSA should that performance be deficient. reagents commonly used in the field Form 308) B. Annual Reporting Burden (such as FDA Reference Serum Standard AGENCY: Office of the Chief Acquisition Lot #3 or equivalents). Products will be Officer, GSA. Respondents: 4,604. evaluated in CDC and collaborating ACTION: Notice of request for comments Total Responses: 116,869. laboratories and if appropriate, may be used in epidemiologic validation regarding a renewal to an existing OMB Total Burden Hours: 7,830. clearance. studies. Data obtained from this OBTAINING COPIES OF comparative analysis may be used by SUMMARY: Under the provisions of the PROPOSALS: Requesters may obtain a CDC in making recommendations and Paperwork Reduction Act of 1995 (44 copy of the information collection decisions for diagnosis of pertussis in U.S.C. Chapter 35), the General Services documents from the General Services the public health setting. Administration has submitted to the Administration, Regulatory Secretariat Interested organizations that may Office of Management and Budget (VPR), 1800 F Street, NW., Room 4041, have candidate products are invited to (OMB) a request to review and approve Washington, DC 20405, telephone (202) submit documentation for CDC to assess an extension of a currently approved 501–4755. Please cite OMB Control No. whether the offered product(s) are at a information collection requirement 3090–0027, Contract Administration, sufficient stage of development to be regarding contract administration, and Quality Assurance (GSAR Parts 542 and included in this comparative analysis. quality assurance. A request for public 546; GSA Form 1678, and GSA Form As a minimum, submitted information comments was published at 73 FR 308), in all correspondence. should be sufficient for CDC to

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determine the following for each Dated: December 3, 2008. public priorities. This administration of candidate product: James D. Seligman, the HLQAT seeks responses from a. Product package insert or detailed Chief Information Officer, Centers for Disease approximately a dozen leaders in each instructions for use Control and Prevention. hospital, including physicians (e.g., [FR Doc. E8–29580 Filed 12–12–08; 8:45 am] CEO, CMO), board members, director- b. Detailed information to determine BILLING CODE 4163–18–P level, and mid-level clinical managers— if the product is calibrated to a these responses can provide a multi- recognized standard level representation of hospital c. Preliminary data demonstrating DEPARTMENT OF HEALTH AND leadership showing its commitment to suitability for validation studies HUMAN SERVICES institutional change. Form Number: CMS–10272 (OMB# 0938–New); Organizations that have products Centers for Medicare & Medicaid Frequency: Occasionally; Affected selected by CDC for this comparative Services Public: Private Sector—Business or analysis will be required to enter into an Other for-profits; Number of appropriate agreement prior to the [Document Identifier: CMS–10272, CMS–R– 254, CMS–29/30, CMS–372, CMS–10001, Respondents: 18,000; Total Annual transfer of any material to CDC. Sample CMS–10009, CMS–10242 and CMS–R–52] Responses: 36,000; Total Annual Hours: agreements may be viewed at the 44,820. following Web site: http://www.cdc.gov/ Agency Information Collection 2. Type of Information Collection od/ads/techtran/forms.htm. Activities: Submission for OMB Request: Revision of a currently All information submitted to CDC will Review; Comment Request approved collection; Title of Information Collection: National be kept confidential as allowed by AGENCY: Centers for Medicare & Medicare & You Education Program relevant federal law, including the Medicaid Services, HHS. (NMEP) Survey of Medicare Freedom of Information Act (5 U.S.C. In compliance with the requirement 552) and the Trade Secrets Act (18 Beneficiaries Use: The Centers for of section 3506(c)(2)(A) of the Medicare and Medicaid Services is U.S.C. 1905). Only information Paperwork Reduction Act of 1995, the submitted within thirty days of requesting a revision of this information Centers for Medicare & Medicaid collection request to continue to collect publication of this notice will be Services (CMS), Department of Health information from Medicare reviewed to determine if the offered and Human Services, is publishing the beneficiaries, caregivers, health care product(s) will be acceptable for following summary of proposed providers, and health information possible inclusion in this comparative collections for public comment. providers. It is critical for this agency to analysis. Interested persons are invited to send obtain feedback from the Responses are preferred in electronic comments regarding this burden aforementioned groups so that the format and can be e-mailed to the estimate or any other aspect of this agency can accurately assess the needs attention of Jacqueline Goolsby collection of information, including any of the Medicare audience. Using random [email protected]. Mailed responses can of the following subjects: (1) The digit dial and/or an administrative be sent to the following address: Jackie necessity and utility of the proposed sample, members of the Medicare Goolsby, Branch Manager, Centers for information collection for the proper audience will be called and asked to Disease Control and Prevention, performance of the Agency’s function; complete the survey via telephone. The National Center for Immunization and (2) the accuracy of the estimated results of this survey will be compiled Respiratory Diseases, Division of burden; (3) ways to enhance the quality, and studied so that communication may Bacterial Diseases, 404–639–1319 utility, and clarity of the information to be amended to benefit Medicare’s be collected; and (4) the use of (Phone), 404–639–3059 (Fax), 1600 audience. The survey has the following automated collection techniques or Clifton Rd. NE., Mail Stop C–09, objectives: To assess satisfaction with other forms of information technology to Atlanta, GA 30333. and knowledge of the Medicare minimize the information collection program; to gather information on FOR FURTHER INFORMATION CONTACT: burden. health behaviors and quality of health 1. Type of Information Collection Technical care; to determine the most used source Request: New collection; Title of for Medicare information; and to gather Dr. M. Lucia Tondella, Division of Information Collection: Hospital information from health care provider Bacterial Diseases, National Center for Leadership Quality Assessment Tool and health information providers. Form Immunization and Respiratory Diseases, (HLQAT); Use: In 2006, the Hospital Number: CMS–R–254 (OMB# 0938– Leadership Collaborative (HLC) Centers for Disease Control and 0738); Frequency: Once; Affected launched a public-private partnership to Prevention (CDC), 1600 Clifton Road Public: Individuals and Households, develop a CMS-endorsed self- NE., Mail Stop D–11, Atlanta, GA Private Sector—Business or other for- assessment tool, ‘‘The Hospital 30333. Telephone (404) 639–1239, E- profits; Number of Respondents: 7,000; Leadership and Quality Assessment Mail at [email protected]. Total Annual Responses: 7,000; Total Tool’’ (HLQAT) to assist hospitals in the Annual Hours: 1,750. Business improvement of quality through 3. Type of Information Collection enhanced hospital governance, Request: Revision of a currently Lisa Blake-DiSpigna, Technology executive, physician, and clinical approved collection; Title of Development Coordinator, National engagement. Hospitals leaders will take Information Collection: Request for Center for Immunization and the HLQAT instrument via Web-based Certification as Rural Health Clinic Respiratory Diseases, Centers for technology. This function will be (RHC) and RHC Survey Report Form Disease Control and Prevention (CDC), carried out in conjunction with CMS and Supporting Regulations in 42 CFR 1600 Clifton Road NE., Mail Stop A–42, and the Quality Improvement 491.1–491.11; Use: The CMS–29 is Atlanta, GA 30333. Telephone (404) Organization (QIO) 9th Scope of Work utilized as an application to be 639–2620, E-Mail at LBlake- (SOW), to convey the importance of this completed by suppliers of RHC services [email protected]. effort in relation to Medicare and other requesting participation in the

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Medicare/Medicaid programs. This form regarding any enrollment restrictions pertaining to emergency ambulance initiates the process of obtaining a that may apply under the terms of the transports. Form Number: CMS–10242 decision as to whether the conditions plan once the plan is in compliance. (OMB# 0938–1049); Frequency: for certification are met as a supplier of Form Number: CMS–10001 (OMB# Occasionally; Affected Public: Private RHC services. It also promotes data 0938–0827); Frequency: Yearly; Affected Sector—Business or Other for-profits reduction or introduction to and Public: State, Local, or Tribal and Not-for-profit institutions; Number retrieval from the Automated Survey Governments; Number of Respondents: of Respondents: 9,000; Total Annual Process Environment (ASPEN) and 18; Total Annual Responses: 18; Total Responses: 13,185,835; Total Annual related survey and certification Annual Hours: 194. Hours: 1,098,819. databases by the CMS Regional Offices. 6. Type of Information Collection 8. Type of Information Collection Form Number: CMS–29/30 (OMB# Request: Extension of a currently Request: Extension of a currently 0938–0074); Frequency: Yearly; Affected approved collection; Title of approved collection; Title of Public: State, Local, or Tribal Information Collection: Health Information Collection: Conditions for Governments; Number of Respondents: Insurance Portability and Coverage of Suppliers of End Stage 766; Total Annual Responses: 766; Total Accountability Act (HIPAA) Renal Disease (ESRD) Services and Annual Hours: 192. Nondiscrimination Provisions and Supporting Regulations Contained in 42 4. Type of Information Collection Supporting Regulations in 45 CFR CFR 405.2100–405.2171; Use: The Request: Revision of a currently 146.121 (f)(2)(v)(A); Use: Section information collection requirements approved collection; Title of 146.121 of the regulations requires described herein are part of the Information Collection: Annual Report Health plans or issuers to disclose in all Medicare and Medicaid Programs; on Home and Community Based plan materials the terms of certain Conditions for Coverage for End-Stage Services Waivers and Supporting wellness programs including the Renal Disease Facilities. The Regulations in 42 CFR 440.180 and availability of a reasonable alternative requirements fall into two categories: 441.300–310.; Use: States within an standard. Plan participants and their Recordkeeping requirements and approved waiver under section 1915(c) dependents need this information to reporting requirements. With regard to of the act are required to submit a report understand the rights they have under the recordkeeping requirements, CMS annually in order for CMS to: (1) Verify HIPAA. States and the Federal uses these conditions for coverage to that State assurances regarding waiver government may need the information certify health care facilities that want to cost-neutrality are met; and, (2) supplied by issuers to properly perform participate in the Medicare or Medicaid Determine the waiver’s impact on the their regulatory functions. Form programs. For the reporting type, amount, and cost of services Number: CMS–10009 (OMB# 0938– requirements, the information is needed provided under the State Plan and 0819); Frequency: Yearly; Affected to assess and ensure proper distribution health welfare of recipients. Form Public: State, Local, or Tribal and effective utilization of ESRD Number: CMS–372 (OMB# 0938–0272); Governments; Number of Respondents: treatment resources while maintaining Frequency: Yearly; Affected Public: 2,600; Total Annual Responses: 2,600; or improving quality of care. The State, Local, or Tribal Governments; Total Annual Hours: 1,300. recordkeeping requirements imposed by Number of Respondents: 49; Total 7. Type of Information Collection this collection are no different than Annual Responses: 305; Total Annual Request: New collection; Title of other conditions for coverage in that Hours: 13,115. Information Collection: Emergency and they reflect comparable standards 5. Type of Information Collection Non-Emergency Ambulance Transports developed by industry organizations Request: Extension of a currently and Beneficiary Signature Requirements such as the Renal Physicians approved collection; Title of in 42 CFR 424.36(b); Use: In the CY Association, American Society of Information Collection: Health 2008 Physician Fee Schedule (PFS) final Transplant Surgeons, National Kidney Insurance Portability and rule with comment period, we created Foundation, and the National Accountability Act (HIPAA) an additional exception to the Association of Patients on Hemodialysis Nondiscrimination Provisions and beneficiary signature requirements in and Transplantation. Form Number: Supporting Regulations in 45 CFR § 424.36(b) for emergency ambulance CMS–R–52 (OMB#: 0938–0386); 146.121(h) and 121(i)(2)(i); Use: If transports (72 FR 66406). The exception Frequency: Recordkeeping and coverage has been denied to any allows ambulance providers and Reporting—Annually; Affected Public: individual because the sponsor of a self- suppliers to sign the claim on behalf of Business or other for-profit and Federal funded non-Federal governmental plan the beneficiary, at the time of transport, government; Number of Respondents: had exempt the plan from the provided that certain documentation 5,415; Total Annual Responses: 5,415; nondiscrimination requirements under requirements are met. Following Total Annual Hours: 131,720. 45 CFR 146.180 ‘‘Treatment of Non- publication of the CY 2008 PFS final To obtain copies of the supporting Federal Governmental Plans’’, and the rule with comment period, ambulance statement and any related forms for the plan sponsor subsequently chooses to provider and supplier stakeholders proposed paperwork collections bring the plan into compliance, the plan requested that we extend the exception referenced above, access CMS Web Site sponsor must comply with the in § 424.36(b)(6) to non-emergency address at http://www.cms.hhs.gov/ requirements under 45 CFR ambulance transports, in instances PaperworkReductionActof1995, or e- 146.121(i)(2)(i) ‘‘Special Transitional where the beneficiary is physically or mail your request, including your Rule for Self-Funded Non-Federal mentally incapable of signing the claim address, phone number, OMB number, Governmental Plans Exempted under 45 form. and CMS document identifier, to CFR 146.180’’. To bring the plan into The current submission of this [email protected], or call the compliance with the requirements, the information collection request relates to Reports Clearance Office on (410) 786– plan must notify the individual that the the collection of documentation 1326. plan will be coming into compliance, pertaining to non-emergency ambulance To be assured consideration, afford the individual an opportunity to transports. In addition, we are updating comments and recommendations for the enroll, specify the effective date of the collection of information that relates proposed information collections must compliance, and inform the individual to the collection of documentation be received by the OMB desk officer at

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the address below, no later than 5 p.m. the Medicare Part B drug payment PaperworkReductionActof1995, or E- on January 14, 2009. amounts. Form Number: CMS–10110 mail your request, including your OMB, Office of Information and (OMB# 0938–0921); Frequency: address, phone number, OMB number, Regulatory Affairs, Attention: CMS Quarterly; Affected Public: Business or and CMS document identifier, to Desk Officer, New Executive Office other for-profits; Number of [email protected], or call the Building, Room 10235, Washington, Respondents: 180; Total Annual Reports Clearance Office on (410) 786– DC 20503, Fax Number: (202) 395– Responses: 720; Total Annual Hours: 1326. 6974. 28,800. In commenting on the proposed 2. Type of Information Collection information collections please reference Date: December 5, 2008. Request: Extension of a currently the document identifier or OMB control Michelle Shortt, approved collection; Title of number. To be assured consideration, Director, Regulations Development Group, Information Collection: MPAF Data and comments and recommendations must Office of Strategic Operations and Regulatory Supporting Regulations in 42 CFR be submitted in one of the following Affairs. 413.337, 413.343, 424.32 and 483.20; ways by February 13, 2009: [FR Doc. E8–29542 Filed 12–12–08; 8:45 am] Use: Resident assessment information 1. Electronically. You may submit BILLING CODE 4120–01–P that Skilled Nursing Facilities (SNFs) your comments electronically to http:// are required to submit is described www.regulations.gov. Follow the under section 42 CFR 413.343 and instructions for ‘‘Comment or DEPARTMENT OF HEALTH AND 483.20. The manner necessary to Submission’’ or ‘‘More Search Options’’ HUMAN SERVICES administer the payment rate to find the information collection methodology is described under section document(s) accepting comments. Centers for Medicare & Medicaid 42 CFR 413.337. An assessment form 2. By regular mail. You may mail Services comprised of a subset of resident written comments to the following [Document Identifier: CMS–10110, CMS–R– assessment information has been address: CMS, Office of Strategic 250 and CMS–668B] developed for use by SNFs to satisfy Operations and Regulatory Affairs, Medicare payment requirements, in lieu Division of Regulations Development, Agency Information Collection of a full Minimum Data Set. The Attention: Document Identifier/OMB Activities: Proposed Collection; associated burden is the time the SNF Control Number ll, Room C4–26–05, Comment Request staff is required to complete the 7500 Security Boulevard, Baltimore, AGENCY: Centers for Medicare & Medicare PPS Assessment Form Maryland 21244–1850. Medicaid Services, HHS. (MPAF), SNF staff time to encode, and Dated: December 5, 2008. SNF staff time spent in transmitting the Michelle Shortt, In compliance with the requirement data. Form Number: CMS–R–250 of section 3506(c)(2)(A) of the (OMB# 0938–0739); Frequency: Director, Regulations Development Group, Paperwork Reduction Act of 1995, the Office of Strategic Operations and Regulatory Occasionally; Affected Public: Business Affairs. Centers for Medicare & Medicaid or other for-profits and Not-for-profit [FR Doc. E8–29543 Filed 12–12–08; 8:45 am] Services (CMS) is publishing the institutions, State, Local, or Tribal following summary of proposed Governments, and Federal BILLING CODE 4120–01–P collections for public comment. Governments; Number of Respondents: Interested persons are invited to send 15,039; Total Annual Responses: comments regarding this burden DEPARTMENT OF HEALTH AND 3,834,945; Total Annual Hours: HUMAN SERVICES estimate or any other aspect of this 2,704,764. collection of information, including any 3. Type of Information Collection Food and Drug Administration of the following subjects: (1) The Request: Extension of a currently necessity and utility of the proposed approved collection; Title of [Docket No. FDA–2008–N–0602] information collection for the proper Information Collection: Post Clinical Agency Information Collection performance of the agency’s functions; Laboratory Survey Questionnaire and Activities; Proposed Collection; (2) the accuracy of the estimated Supporting Regulations in 42 CFR Comment Request; Experimental burden; (3) ways to enhance the quality, 493.1771, 493.1773, and 493.1777; Use: Study of the Impact of Coupons utility, and clarity of the information to This form is used by the State agency to Embedded in Direct-to-Consumer be collected; and (4) the use of determine a laboratory’s compliance Prescription Drug Print automated collection techniques or with the Clinical Laboratory Advertisements on Consumer other forms of information technology to Improvement Amendments of 1988 minimize the information collection (CLIA). This information is needed for Perceptions of Product Risks and burden. a laboratory’s CLIA certification and Benefits 1. Type of Information Collection recertification. Form Number: CMS– AGENCY: Food and Drug Administration, Request: Revision of a currently 668B (OMB# 0938–0653); Frequency: HHS. approved collection; Title of Biennially; Affected Public: Business or ACTION: Notice. Information Collection: Manufacturer other for-profits and Not-for-profit Submission of Average Sales Price institutions. State, Local, or Tribal SUMMARY: The Food and Drug (ASP) data for Medicare Part B Drugs Government, Federal Government; Administration (FDA) is announcing an and Biologicals; Use: Section 1847A of Number of Respondents: 21,000; Total opportunity for public comment on the the Social Security Act requires that the Annual Responses: 10,500; Total proposed collection of certain Medicare Part B payment amounts for Annual Hours: 2,625. information by the agency. Under the covered drugs and biologicals not paid To obtain copies of the supporting Paperwork Reduction Act of 1995 (the on a cost or prospective payment basis statement and any related forms for the PRA), Federal agencies are required to be based upon manufacturers’ average proposed paperwork collections publish notice in the Federal Register sales price data submitted to CMS. CMS referenced above, access CMS’ Web site concerning each proposed collection of will utilize the ASP data to determine at http://www.cms.hhs.gov/ information and to allow 60 days for

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public comment in response to the comments on these topics: (1) Whether Reminder ads allow sponsors to notice. This notice solicits comments on the proposed collection of information distribute price sheets, pens, notepads a study of the impact of the presence of is necessary for the proper performance and other minor giveaways featuring the coupons offering price incentives or of FDA’s functions, including whether name of the drug product to physicians rebates on consumers’ perceptions of the information will have practical and other healthcare professionals product risks and benefits in direct-to- utility; (2) the accuracy of FDA’s without requiring a full disclosure of the consumer (DTC) print ads.1 Notice of estimate of the burden of the proposed product’s risks. As DTC promotion has proposed information collection for this collection of information, including the increased, sponsors have chosen to project was previously published on validity of the methodology and create reminder ads for consumers. February 6, 2006 (71 FR 6077) and assumptions used; (3) ways to enhance On November 1 and 2, 2005, the withdrawn. This revised notice replaces the quality, utility, and clarity of the agency held a part 15 public hearing (70 the previous notice. information to be collected; and (4) FR 54054, September 13, 2005) on the DATES: Submit written or electronic ways to minimize the burden of the topic of direct-to-consumer advertising comments on the collection of collection of information on of prescription drugs and restricted information by February 13, 2009. respondents, including through the use medical devices. During the hearing, the ADDRESSES: Submit electronic of automated collection techniques, agency received several comments in comments on the collection of when appropriate, and other forms of connection with the potential impact of information to http:// information technology. coupons and other price incentives on www.regulations.gov. Submit written Experimental Study of the Impact of consumer perceptions of DTC- comments on the collection of Coupons Embedded in Direct-to- advertised products. Sponsors may use information to the Division of Dockets Consumer Prescription Drug Print ads as a vehicle to offer price incentives Management (HFA–305), Food and Drug Advertisements on Consumer to consumers (e.g., ‘‘free trial,’’ ‘‘buy six Administration, 5630 Fishers Lane, rm. Perceptions of Product Risks and get one free’’). Coupon promotions are 1061, Rockville, MD 20852. All Benefits widely used in many product categories comments should be identified with the and have been the topic of many docket number found in brackets in the FDA recognizes that the academic studies. Certain types of heading of this document. manufacturers, packers, and distributors coupons, most notably those that appear (sponsors) of prescription human and FOR FURTHER INFORMATION CONTACT: in the body of an advertisement itself animal drugs, including biological (i.e., are embedded in the Elizabeth Berbakos, Office of products for humans, have a First advertisement), can positively affect Information Management (HFA–710), Amendment right to engage in the perceptions of the brand.2 Food and Drug Administration, 5600 truthful and non-misleading advertising People tend to rate owned objects Fishers Lane, Rockville, MD 20857, of their products. An advertisement is more favorably than those they do not 301–796–3792. misleading, however, if it fails to own, even when those objects have been SUPPLEMENTARY INFORMATION: Under the disclose certain information about the assigned to them at random.3 This has PRA (44 U.S.C. 3501–3520), Federal advertised product’s uses and risks. been termed the ‘‘mere ownership’’ or agencies must obtain approval from the Thus, for prescription drugs and ‘‘mere possession’’ effect. An interesting Office of Management and Budget biologics, the act requires (OMB) for each collection of extension of this effect is provided in advertisements to contain ‘‘information 4 information they conduct or sponsor. in brief summary relating to side effects, research by Sen and Johnson which ‘‘Collection of information’’ is defined contraindications, and effectiveness’’ has shown that consumers rate a in 44 U.S.C. 3502(3) and 5 CFR (21 U.S.C. 352(n)). FDA is responsible product more favorably when they are 1320.3(c) and includes agency requests for enforcing the act and implementing simply given a gift certificate or a or requirements that members of the regulations. coupon for that product or service. public submit reports, keep records, or FDA regulations require that Other research has examined the effect provide information to a third party. prescription drug advertisements that of warranties. People who viewed an ad Section 3506(c)(2)(A) of the PRA (44 make claims about a product must also with a high warranty perceived the U.S.C. 3506(c)(2)(A)) requires Federal include risk information in a product as being less risky compared to agencies to provide a 60-day notice in ‘‘balanced’’ manner (21 CFR people who saw an ad with a medium the Federal Register concerning each 202.1(e)(5)(ii)), both in terms of the or low warranty.5 proposed collection of information content and presentation of the Based on this body of consumer before submitting the collection to OMB information. Advertisements that draw research, the inclusion of a coupon or for approval. To comply with this attention to the name of the product but other price incentive in the body of a requirement, FDA is publishing notice do not make representations about the DTC ad may affect consumers’ of the proposed collection of product’s indication(s) or dosage perceptions of the risks and benefits of information set forth in this document. recommendations are called reminder With respect to the following advertisements. As a general matter, 2 LeClerc, France and John D.C. Little, ‘‘Can collection of information, FDA invites Advertising Copy Make FSI Coupons More reminder ads may mention the Effective?’’ Journal of Marketing Research, 34(4), proprietary and established name of the 473-484, 1997. 1 While the Federal Food, Drug, and Cosmetic Act product and (optionally) contain 3 Beggan, James K., ‘‘On the Social Nature of (the act) provides FDA with authority to regulate Nonsocial Perception: The Mere Ownership Effect,’’ prescription drug advertisements that are false or information about the product’s Journal of Personality and Social Psychology, 62(2), misleading, the act does not provide FDA with the ingredients, dosage form, quantity, 229-237, 1992. authority to regulate the pricing of prescription price, and manufacturer (21 CFR 4 drugs. Thus, FDA is merely interested in studying Sen, Sankar and Eric J. Johnson, ‘‘Mere- the impact, if any, of the presence of coupons in 202.1(e)(2)(i)). Other written, printed, or Possession Effects Without Possession in Consumer DTC advertisements on consumers’ perceptions of graphic information is not prohibited in Choice,’’ Journal of Consumer Research, 24 (June), product risks and benefits, and recognizes that it reminder ads as long as that information 105-117, 1997. 5 does not actually regulate the dollar or other does not make a representation or Shimp, Terrence A. and William O. Bearden, incentive amount of coupons, price incentives, or ‘‘Warranty and Other Extrinsic Cue Effects on rebate offers with respect to how they affect the suggestion relating to the product Consumers’ Risk Perceptions,’’ Journal of Consumer price of prescription drugs or biological products. beyond those permitted. Research, 9 (June), 38-47, 1982.

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the prescription drug. For instance, conditions. Side effect and risk (1) Free trial offer; (2) buy one, get one consumers may assign more weight to information will be constant across full free; (3) money-off prescription/ benefit claims in cases where a coupon product DTC ad conditions. Participants purchase cost; (4) money back or other price incentive is embedded in will be asked to read a single print guarantee; and (5) a no promotion the advertisement. For ‘‘simple’’ advertisement for a new drug. After condition. With the exception of buy consumer products, coupons and free reading the advertisement, they will be one, get one free, these are promotional trial offers may enable the customer to asked questions about their evaluation variations that have been used in drug test new products while minimizing of the information presented in the advertising. We ask for comment on their financial risk of testing the advertisement. other promotional types that could be product. For products that consumers tested. can readily test and ones where Factors performance can be adequately verified 1. Participants: Consumers will be Procedure (termed ‘‘search’’ goods by economists), screened and recruited by the contractor Participants will be shown one ad, for coupons and free trial offers provide to be currently diagnosed with insomnia example, a reminder ad for a both the consumer and manufacturer an or at risk of developing insomnia. prescription drug with a free-trial offer efficient mechanism for matching Participants will be randomly assigned coupon embedded. Then the participant consumers and products. For more to experimental cells. Each condition will be asked to answer questions complex products such as prescription will be balanced with respect to gender. examining a number of important drugs where supervision of a physician Because this is the first investigation perceptions about the product, is required to evaluate both of this issue with DTC ads, we chose to including perceived riskiness of the appropriateness and performance, limit our investigation to one disease drug, likelihood of benefits, and coupons and free trial offers may send condition. We chose to accept this behavioral intent (talking to doctor, different signals. decrease in generality to maximize our product purchase). Finally, The proposed exploratory study will ability to detect a subtle difference demographic and health care utilization examine what impact, if any, the between promotion types. Participants information will be collected. presence of coupons in DTC will be screened to represent a range of Interviews are expected to last advertisements may have on consumers’ education levels (some college or less approximately 15 minutes. A total of perceptions of product risks and vs. completed college or more). Because 1,350 participants will be involved. This benefits and the overall impression of the task presumes basic reading will be a one-time (rather than annual) the product in DTC full-product and abilities, all participants will have collection of information. reminder advertisements.6 English as their primary language and, as appropriate, be required to have FDA estimates the burden of this Design Overview reading glasses when participating in collection of information as follows: This study will employ a between- the study. FDA estimates that 2,025 individuals subjects crossed factorial design and 2. Type of Ad: The following three will need to be screened to obtain a will focus on consumer print types of ads will be tested: (1) A full- respondent sample of 1,350. The advertising. Fifteen print advertisements product ad for a prescription drug, (2) screener is expected to take 30 seconds, will be created using three levels of ad a reminder ad for a prescription drug, for a total screener burden of 17 hours. type and five levels of promotional and (3) an ad for an OTC drug. An ad The 1,350 respondents will then be offer. Thus, the factors will be ad type for an OTC drug, which typically asked to respond to a series of questions (DTC print reminder; DTC print full includes benefit but not risk about the advertisement. We estimate product; over-the-counter (OTC) print information, is included to see if prior the response burden for the survey to be full product) and offer type (free trial research findings in the area of 15 minutes, for a burden of 337.5 hours. offer; buy one, get one free; money off consumer package goods can be The estimated total burden for this data prescription/purchase cost; money back replicated. collection effort is 354.5 hours. guarantee; no promotion). Product name 3. Type of Promotion: The following FDA estimates the burden of this and indication will be constant across five types of promotions will be tested: collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per Respondents per Response Responses Response Total Hours

2,025 (screener) 1 2,025 .008 17

1,350 (questionnaire) 1 1,350 .25 337.5

Total 3,375 354.5 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

6 As noted previously in this document, FDA drug pricing and we will not be examining does not have the authority to regulate prescription prescription drug prices.

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Please note that on January 15, 2008, The meeting will be open to the Dated: December 8, 2008. the FDA Division of Dockets public as indicated below, with Jennifer Spaeth, Management Web site transitioned to attendance limited to space available. Director, Office of Federal Advisory the Federal Dockets Management Individuals who plan to attend and Committee Policy. System (FDMS). FDMS is a need special assistance, such as sign [FR Doc. E8–29537 Filed 12–12–08; 8:45 am] Government-wide, electronic docket language interpretation or other BILLING CODE 4140–01–P management system. Electronic reasonable accommodations, should comments or submissions will be notify the Contact Person listed below accepted by FDA only through FDMS at in advance of the meeting. DEPARTMENT OF HEALTH AND The meeting will be closed to the http://www.regulations.gov. HUMAN SERVICES public in accordance with the Dated: December 8, 2008. provisions set forth in sections National Institutes of Health Jeffrey Shuren, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Associate Commissioner for Policy and as amended. The grant applications and Planning. National Human Genome Research the discussions could disclose Institute; Notice of Closed Meeting [FR Doc. E8–29517 Filed 12–12–08; 8:45 am] confidential trade secrets or commercial BILLING CODE 4160–01–S property such as patentable material, Pursuant to section 10(d) of the and personal information concerning Federal Advisory Committee Act, as individuals associated with the grant DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which HUMAN SERVICES is hereby given of the following would constitute a clearly unwarranted meeting. invasion of personal privacy. Health Resources and Services The meeting will be closed to the Administration Name of Committee: National Heart, Lung, and Blood Advisory Council. public in accordance with the National Vaccine Injury Compensation Date: February 10, 2009. provisions set forth in sections Program: Revised Amount of the Open: 8 a.m. to 12 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Average Cost of a Health Insurance Agenda: To discuss program policies and as amended. The grant applications and issues. the discussions could disclose Policy Place: National Institutes of Health, Building 31, 31 Center Drive, C-Wing, Room confidential trade secrets or commercial The Health Resources and Services 10, Bethesda, MD 20892. property such as patentable material, Administration (HRSA) is publishing an Closed: 1 p.m. to 5 p.m. and personal information concerning updated monetary amount of the Agenda: To review and evaluate grant individuals associated with the grant average cost of a health insurance policy applications. applications, the disclosure of which as it relates to the National Vaccine Place: National Institutes of Health, would constitute a clearly unwarranted Injury Compensation Program (VICP). Building 31, 31 Center Drive, C-Wing, Room 10, Bethesda, MD 20892. invasion of personal privacy. Pursuant to section 100.2 of the Contact Person: Stephen C. Mockrin, PhD., Name of Committee: Center for Inherited VICP’s implementing regulation (42 CFR Director, Division of Extramural Research Disease Research Access Committee. Part 100), the Secretary announces that Activities, National Heart, Lung, and Blood Date: January 9, 2009. Institute, National Institutes of Health, 6701 the revised average cost of a health Time: 8:30 a.m. to 4 p.m. insurance policy under the VICP is Rockledge Drive, Room 7100, Bethesda, MD 20892, (301) 435–0260, Agenda: To review and evaluate the $382.30 per month. In accordance with [email protected]. scientific and technical merit of applications § 100.2, the revised amount was Any interested person may file written seeking to use the resources and facilities of effective upon its delivery by the comments with the committee by forwarding the CIDR. Secretary to the United States Court of the statement to the Contact Person listed on Place: Embassy Suites Hotel, 4300 Military Federal Claims. Such notice was this notice. The statement should include the Road, NW., Chevy Chase, MD 20015. delivered to the Court on November 12, name, address, telephone number and when Contact Person: Camilla E. Day, PhD., 2008. applicable, the business or professional Scientific Review Officer, CIDR National affiliation of the interested person. Dated: December 8, 2008. In the interest of security, NIH has Human Genome Research Institute, National Elizabeth M. Duke, instituted stringent procedures for entrance Institutes of Health, 5635 Fishers Lane, Suite 4075, Bethesda, MD 20892 301–402–8837, Administrator. onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles [email protected]. [FR Doc. E8–29627 Filed 12–12–08; 8:45 am] will be inspected before being allowed on (Catalogue of Federal Domestic Assistance BILLING CODE 4165–15–P campus. Visitors will be asked to show one Program Nos. 93.172, Human Genome form of identification (for example, a Research, National Institutes of Health, HHS) government-issued photo ID, driver’s license, DEPARTMENT OF HEALTH AND or passport) and to state the purpose of their Dated: December 5, 2008. HUMAN SERVICES visit. Jennifer Spaeth, Information is also available on the National Institutes of Health Institute’s/Center’s home page: Director, Office of Federal Advisory www.nhlbi.nih.gov/meetings/index.htm, Committee Policy. National Heart, Lung, and Blood where an agenda and any additional [FR Doc. E8–29428 Filed 12–12–08; 8:45 am] Institute; Notice of Meeting information for the meeting will be posted BILLING CODE 4140–01–M when available. Pursuant to section 10(d) of the (Catalogue of Federal Domestic Assistance Federal Advisory Committee Act, as Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and amended (5 U.S.C. Appendix 2), notice Vascular Diseases Research; 93.838, Lung is hereby given of a meeting of the Diseases Research; 93.839, Blood Diseases National Heart, Lung, and Blood and Resources Research, National Institutes Advisory Council. of Health, HHS)

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DEPARTMENT OF HOMELAND comments received by the National and CEO, El Paso Water Utilities, SECURITY Infrastructure Advisory Council, go to NIAC Member, NIAC Member; http://www.regulations.gov. James B. Nicholson, Chairman and [Docket No. DHS–2008–0192] FOR FURTHER INFORMATION CONTACT: CEO, PVS Chemicals, Inc., NIAC The National Infrastructure Advisory Nancy J. Wong, NIAC Designated Member; and The Honorable Tim Council Federal Officer, Department of Pawlenty, Governor, The State of Homeland Security, Washington, DC Minnesota, NIAC Member AGENCY: Directorate for National 20528; telephone 703–235–2888. VI. New Business: NIAC Chairman Erle Protection and Programs, Department of SUPPLEMENTARY INFORMATION: Notice of A. Nye, Vice Chairman Alfred R. Homeland Security. this meeting is given under the Federal Berkeley, III, NIAC Members ACTION: Committee Management; Notice Advisory Committee Act, 5 U.S.C. App. A. Establishing a Working Group for of Federal Advisory Council Meeting. (Pub. L. 92–463). The National the Infrastructure Resiliency Study: Infrastructure Advisory Council shall NIAC Chairman Erle A. Nye SUMMARY: The National Infrastructure Presiding Advisory Council (NIAC) will meet on provide the President through the Secretary of Homeland Security with VII. Closing Remarks: Robert D. Jamison, Tuesday January 6, 2009 at the J.W. Under Secretary for the National Marriott’s Salons E and F, 1331 advice on the security of the critical infrastructure sectors and their Protection and Programs Pennsylvania Avenue, Washington, DC Directorate, DHS (invited); Robert 20004. information systems. The National Infrastructure Advisory B. Stephan, Assistant Secretary for DATES: The National Infrastructure Council will meet to address issues Infrastructure Protection, DHS Advisory Council will meet Tuesday, relevant to the protection of critical (invited) January 6, 2009 from 1:30 p.m. to 4:30 infrastructure as directed by the VIII. Adjournment: NIAC Chairman Erle p.m. Please note that the meeting may President. The January 6, 2009 meeting A. Nye. close early if the committee has will include a status report on the Procedural completed its business. Frameworks for Dealing With Disasters While this meeting is open to the For additional information, please and Related Interdependencies Working consult the NIAC Web site, http:// public, participation in The National Group and discussion on establishing a Infrastructure Advisory Council www.dhs.gov/niac, or contact Matthew working group for the upcoming study Sickbert by phone at 703–235–2888 or deliberations is limited to committee on Infrastructure Resiliency. members, Department of Homeland by e-mail at The meeting agenda is as follows: [email protected]. Security officials, and persons invited to I. Opening of Meeting: Nancy J. Wong, attend the meeting for special ADDRESSES: The meeting will be held at Designated Federal Officer (DFO), presentations. the J.W. Marriott’s Salons E and F, 1331 NIAC, Department of Homeland Pennsylvania Avenue, Washington, DC Security (DHS) Information on Services for Individuals 20004. While we will be unable to II. Roll Call of Members: Nancy J. Wong, With Disabilities accommodate oral comments from the DFO, NIAC, DHS For information on facilities or public, written comments may be sent III. Opening Remarks and Introductions: services for individuals with disabilities to Nancy J. Wong, Department of NIAC Chairman Erle A. Nye, or to request special assistance at the Homeland Security, Directorate for Chairman Emeritus, TXU Corp; meeting, contact the NIAC Secretariat at National Protection and Programs, NIAC Vice Chairman, Alfred R. 703–235–2888 as soon as possible. Washington, DC 20528. Written Berkeley, III, Chairman and CEO, Dated: December 2, 2008. comments should reach the contact Pipeline Trading, LLC; Michael person listed no later than December 30, Chertoff, Secretary, DHS (invited). Nancy J. Wong, 2008. Comments must be identified by Participating but not expected to Designated Federal Officer for the NIAC. DHS–2008–0192 and may be submitted make remarks: Paul A. Schneider, [FR Doc. E8–29644 Filed 12–12–08; 8:45 am] by one of the following methods: Deputy Secretary, DHS (invited); BILLING CODE 4410–10–P • Federal eRulemaking Portal: http:// Robert D. Jamison, Under Secretary www.regulations.gov. Follow the for the National Protection and instructions for submitting comments. Programs Directorate (invited); DEPARTMENT OF HOMELAND • E-mail: Scott Charbo, Deputy Under SECURITY [email protected]. Secretary for the National U.S. Citizenship and Immigration Include the docket number in the Protection and Programs Services subject line of the message. Directorate, DHS (invited); Robert • Fax: 703–235–3055. B. Stephan, Assistant Secretary for • Agency Information Collection Mail: Nancy J. Wong, Department of Infrastructure Protection, DHS Activities: Form I–829, Extension of a Homeland Security, Directorate for (invited); Kenneth L. Wainstein, Currently Approved Information National Protection and Programs, Assistant to the President for Collection; Comment Request Washington, DC 20528. Homeland Security/Counter Instructions: All submissions received Terrorism (APHS/CT), Homeland ACTION: 60–Day Notice of Information must include the words ‘‘Department of Security Council (invited). Collection Under Review: Form I–829, Homeland Security’’ and the docket IV. Approval of October 2008 Minutes: Petition by Entrepreneur to Remove number for this action. Comments NIAC Chairman Erle A. Nye Conditions; OMB Control No. 1615– received will be posted without V. Working Group Status Update: NIAC 0045. alteration at www.regulations.gov, Chairman Erle A. Nye Presiding including any personal information A. The Frameworks for Dealing The Department of Homeland provided. Disasters and Related Security, U.S. Citizenship and Docket: For access to the docket to Interdependencies Working Group: Immigration Services (USCIS) has read background documents or Edmund G. Archuleta, President submitted the following information

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collection request for review and (2) Title of the Form/Collection: Register extending the designation of El clearance in accordance with the Petition by Entrepreneur to Remove Salvador for Temporary Protected Status Paperwork Reduction Act of 1995. The Conditions. (TPS) through September 9, 2010. information collection is published to (3) Agency form number, if any, and Beneficiaries of TPS for El Salvador are obtain comments from the public and the applicable component of the required to re-register and obtain new affected agencies. Comments are Department of Homeland Security Employment Authorization Documents encouraged and will be accepted for sponsoring the collection: Form I–829. (EADs). Since USCIS will not be able to sixty days until February 13, 2009. U.S. Citizenship and Immigration process and re-issue new EADs for all Written comments and suggestions Services. such beneficiaries by the March 9, 2009, regarding items contained in this notice, (4) Affected public who will be asked expiration date, USCIS has decided to and especially with regard to the or required to respond, as well as a brief automatically extend the validity of estimated public burden and associated abstract: Primary: Individuals and EADs issued to Salvadoran nationals (or response time should be directed to the households. This form is used by a aliens having no nationality who last Department of Homeland Security conditional resident alien entrepreneur habitually resided in El Salvador) until (DHS), USCIS, Chief, Regulatory who obtained such status through a September 9, 2009. This Notice Management Division, Clearance Office, qualifying investment, to apply to announces that extension and also 111 Massachusetts Avenue, NW., Suite remove conditions on his or her explains how TPS beneficiaries and 3008, Washington, DC 20529–2260. conditional residence, and on the their employers may determine which Comments may also be submitted to conditional residence for his or her EADs are automatically extended. DHS via facsimile to 202–272–8352, or spouse and children(s). DATES: This notice is effective December via e-mail at [email protected]. When (5) An estimate of the total number of 15, 2008. The automatic extension of submitting comments by e-mail add the respondents and the amount of time EADs will begin on March 10, 2009, and OMB Control Number 1615–0045 in the estimated for an average respondent to will remain in effect until September 9, subject box. respond: 200 responses at 2 hours and 2009. During this 60-day period USCIS will 5 minutes (2.083) per response. FOR FURTHER INFORMATION CONTACT: TPS be evaluating whether to revise the (6) An estimate of the total public Operations Program Manager, Status Form I–829. Should USCIS decide to burden (in hours) associated with the and Family Branch, Office of Service revise the Form I–829 it will advise the collection: 416 annual burden hours. Center Operations, U.S. Citizenship and public when it publishes the 30-day If you have additional comments, Immigration Services, Department of notice in the Federal Register in suggestions, or need a copy of the Homeland Security, 20 Massachusetts accordance with the Paperwork information collection instrument, Avenue, NW., Washington, DC 20529– Reduction Act. The public will then please visit: http://www.regulations.gov/ 2060, telephone (202) 272–1533. This is have 30-days to comment on any search/index.jsp not a toll-free call. Further information revisions to the Form I–829. We may also be contacted at: USCIS, will also be available at local USCIS Regulatory Management Division, 111 offices upon publication of this Notice Written comments and suggestions Massachusetts Avenue, NW., Suite and on the USCIS Web site at http:// from the public and affected agencies 3008, Washington, DC 20529–2260, www.uscis.gov. concerning the proposed collection of telephone number 202–272–8377. information should address one or more Note: The phone number provided here is of the following four points: Dated: December 10, 2008. solely for questions regarding this TPS notice. It is not for individual case status Stephen Tarragon, (1) Evaluate whether the collection of inquiries. Applicants seeking information information is necessary for the proper Deputy Chief, Regulatory Management about the status of their individual case can performance of the functions of the Division, U.S. Citizenship and Immigration check Case Status Online available at the agency, including whether the Services. USCIS Web site listed above, or applicants information will have practical utility; [FR Doc. E8–29562 Filed 12–12–08; 8:45 am] may call the USCIS National Customer BILLING CODE 9111–97–P Service Center at 1–800–375–5283 (TTY 1– (2) Evaluate the accuracy of the 800–767–1833). agency’s estimate of the burden of the SUPPLEMENTARY INFORMATION: collection of information, including the DEPARTMENT OF HOMELAND validity of the methodology and SECURITY Why is USCIS automatically extending assumptions used; the validity of EADs for Salvadoran (3) Enhance the quality, utility, and U.S. Citizenship and Immigration TPS beneficiaries? clarity of the information to be Services Considering the large number of collected; and [CIS No. 2456–08; DHS Docket No. USCIS– applications, it is likely that many re- (4) Minimize the burden of the 2008–0034] registrants will not receive their new collection of information on those who EADs until after the expiration date of RIN 1615–ZA79 are to respond, including through the their current EADs. In order to prevent use of appropriate automated, Automatic Extension of Employment a gap in employment authorization for electronic, mechanical, or other Authorization Documentation for qualified re-registrants, DHS will technological collection techniques, or Salvadoran Temporary Protected automatically extend the validity of other forms of information technology, Status Beneficiaries EADs for Salvadoran TPS beneficiaries e.g., permitting electronic submission of until September 9, 2009. responses. AGENCY: U.S. Citizenship and Immigration Services, DHS. Who is eligible to receive an automatic Overview of This Information six-month EAD extension from March ACTION: Collection: Notice. 10, 2009, to September 9, 2009? (1) Type of Information Collection: SUMMARY: On October 1, 2008, the You are eligible to receive an Extension of an existing information Department of Homeland Security automatic six-month extension of an collection. (DHS) published a Notice in the Federal EAD, if you:

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• Are a national of El Salvador (or an Employers should accept an EAD as a a new EAD valid through September 9, alien having no nationality who last valid ‘‘List A’’ document and not ask for 2010. habitually resided in El Salvador); additional Form I–9 documentation if In the alternative, any legally • Applied for and received an EAD presented with an EAD that has been acceptable document or combination of under the designation of El Salvador for extended pursuant to this Federal documents as listed on the Form I–9 TPS; and Register Notice, and the EAD reasonably may be presented as proof of identity • Have not had TPS withdrawn or appears on its face to be genuine and to and employment eligibility. denied. relate to the employee. This extension This automatic extension is limited to Dated: December 9, 2008. does not affect the right of an applicant Michael L. Aytes, EADs issued on Form I–766, for employment or an employee to Employment Authorization Document, Acting Deputy Director, U.S. Citizenship and present any legally acceptable document Immigration Services. bearing an expiration date of March 9, as proof of identity and eligibility for [FR Doc. E8–29511 Filed 12–12–08; 8:45 am] 2009. These EADs must also bear the employment. notation ‘‘A–12’’ or ‘‘C–19’’ on the face BILLING CODE 9111–97–P of the card under ‘‘Category.’’ Note to Employers: Employers are reminded that the laws requiring If employment authorization is valid employment eligibility verification and DEPARTMENT OF HOUSING AND until September 9, 2009, why should I prohibiting unfair immigration-related URBAN DEVELOPMENT file for re-registration now? employment practices remain in full force. This Notice does not supersede or in any way [Docket No. FR–5187–N–69] DHS has granted a one time automatic limit applicable employment verification extension of EADs through September 9, rules and policy guidance, including those Notice of Submission of Proposed 2009. This allows USCIS additional setting forth re-verification requirements. For Information Collection to OMB; time to process EAD applications for re- questions, employers may call the USCIS Emergency Comment Request; registrants and ensure that a gap in Customer Assistance Office at 1–800–357– Disaster Housing Assistance Program status does not occur. Applications for 2099. Employers may also call the U.S. (DHAP) Incremental Rent Transition re-registration that are received by Department of Justice Office of Special Study USCIS on or before December 30, 2008 Counsel for Immigration Related Unfair Employment Practices (OSC) Employer may be processed prior to the EAD Hotline at 1–800–255–8155. Employees or AGENCY: Office of Policy Development expiration date of March 9, 2009. applicants may call the OSC Employee and Research. However, in order to maintain TPS Hotline at 1–800–255–7688 for information ACTION: Notice of proposed information benefits through September 9, 2010, all regarding the automatic extension. collection. TPS beneficiaries must comply with the Additional information is available on the re-registration requirements, and submit OSC Web site at http://www.usdoj.gov/crt/ SUMMARY: The proposed information any associated application fees or osc/index.html. collection requirement described below applications for waivers of the fees, has been submitted to the Office of described in Federal Notice 73 FR 57128 How may employers determine an Management and Budget (OMB) for (October 1, 2008), to USCIS. Those employee’s eligibility for employment emergency review and approval, as applications that are received after once the automatic six-month extension required by the Paperwork Reduction December 30, 2008 may take expires on September 9, 2009? Act. The Department is soliciting public considerably longer to process. Eligible TPS aliens will possess an comments on the subject proposal. Although this Notice extends the EAD EAD on Form I–766 with an expiration DATES: Comments Due Date: December through September 9, 2009, applicants date of September 9, 2010. The EAD 29, 2008. will bear the notation ‘‘A–12’’ or ‘‘C–19’’ for re-registration should file their ADDRESSES: Interested persons are applications early to allow ample time on the face of the card under invited to submit comments regarding for processing so that a gap in TPS ‘‘Category,’’ and should be accepted for this proposal. Comments must be benefits does not occur. There will not the purposes of verifying identity and received within fourteen (14) days from be a second automatic extension for employment authorization. the date of this Notice. Comments EAD. What documents may a qualified should refer to the proposal by name How may employers determine whether individual show to his or her employer and should be sent to: HUD Desk an EAD has been automatically as proof of employment authorization Officer, Office of Management and extended for six months, through and identity when completing Form Regulatory Affairs, Office of September 9, 2009, and is therefore I–9? Management and Budget, New acceptable for completion of the Form Qualified individuals who have Executive Office Building, Washington, I–9, Employment Eligibility received a six-month automatic DC 20503. Verification? extension of their EADs by virtue of this FOR FURTHER INFORMATION CONTACT: An EAD that has been automatically Federal Register Notice may present Lillian Deitzer, Paperwork Reduction extended for six months by this Notice their TPS-based EAD to their employers, Act Officer, QDAM Department of through September 9, 2009, will bear as described above, as proof of identity Housing and Urban Development, 451 the notation ‘‘A–12’’ or ‘‘C–19’’ on the and employment authorization through Seventh Street, SW., Washington, DC face of the Form I–766 under September 9, 2009. To minimize 20410; e-mail [email protected] , ‘‘Category,’’ and have an expiration date confusion over this extension at the telephone (202) 402–8048. This is not a of March 9, 2009, on the face of the time of hire or re-verification, qualified toll-free number. Copies of card. New EADs or extension stickers individuals may also present a copy of documentation submitted to OMB may showing the September 9, 2009, this Federal Register Notice regarding be obtained from Ms. Deitzer. expiration date of the six-month the automatic extension of employment SUPPLEMENTARY INFORMATION: This automatic extension will not be issued. authorization documentation through Notice informs the public that the U.S. Employers should not request proof of September 9, 2009. After September 9, Department of Housing and Urban Salvadoran citizenship. 2009, a qualified individual may present Development (HUD) has submitted to

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OMB, for emergency processing, a Estimation of the total numbers of Executive Office Building, Washington, proposed information collection hours needed to prepare the information DC 20503; fax: 202–395–6974. requirement as described below. This collection including number of FOR FURTHER INFORMATION CONTACT: Notice is soliciting comments from respondents, frequency of responses, Lillian Deitzer, Reports Management members of the public and affecting and hours of response: The estimated Officer, QDAM, Department of Housing agencies concerning the proposed total number of burden hours needed to and Urban Development, 451 Seventh collection of information to: (1) Evaluate prepare the information collection is Street, SW., Washington, DC 20410; e- whether the proposed collection of 3,000; the number of respondents is mail Lillian Deitzer at information is necessary for the proper 3000; the frequency of response is once. [email protected] or performance of the functions of the Status: This is a request for a new telephone (202) 402–8048. This is not a agency, including whether the collection. toll-free number. Copies of available information will have practical utility; Authority: The Paperwork Reduction Act documents submitted to OMB may be (2) Evaluate the accuracy of the agency’s of 1995, 44 U.S.C. chapter 35, as amended. obtained from Ms. Deitzer. estimate of the burden of the proposed Dated: December 9, 2008. SUPPLEMENTARY INFORMATION: This collection of information; (3) Enhance Lillian Deitzer, notice informs the public that the the quality, utility, and clarity of the Department of Housing and Urban information to be collected; and (4) Departmental Reports Management Officer, Office of the Chief Information Officer. Development has submitted to OMB a Minimize the burden of the collection of request for approval of the Information information on those who are to [FR Doc. E8–29626 Filed 12–12–08; 8:45 am] BILLING CODE 4210–67–P collection described below. This notice respond; including through the use of is soliciting comments from members of appropriate automated collection the public and affecting agencies techniques or other forms of information concerning the proposed collection of technology, e.g., permitting electronic DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT information to: (1) Evaluate whether the submission of responses. proposed collection of information is This notice also lists the following [Docket No. FR–5187–N–70] necessary for the proper performance of information: the functions of the agency, including Title of Proposal: Disaster Housing Inspector Candidate Assessment whether the information will have Assistance Program (DHAP) Incremental Questionnaire practical utility; (2) Evaluate the Rent Transition Study. accuracy of the agency’s estimate of the Description of Information Collection: AGENCY: Office of the Chief Information burden of the proposed collection of This document provides notice that this Officer, HUD. information; (3) Enhance the quality, emergency request is necessary at this ACTION: Notice. utility, and clarity of the information to time because it is an essential part of an be collected; and (4) Minimize the important study of the incremental rent SUMMARY: The proposed information burden of the collection of information transition (IRT) aspect of DHAP. This collection requirement described below on those who are to respond; including study will compare families has been submitted to the Office of through the use of appropriate transitioning from stepped-up rents (i.e., Management and Budget (OMB) for automated collection techniques or Phase I families) and $0 rent (i.e., Phase review, as required by the Paperwork other forms of information technology, II/Phase III families) to market rate or Reduction Act. The Department is e.g., permitting electronic submission of assisted housing and measure their soliciting public comments on the responses. outcomes over time. This Information subject proposal. This notice also lists the following Collection would enable the Department Individuals interested in conducting information: to answer the question of how do you Uniform Physical Condition Standards Title of Proposal: Inspector Candidate transition people most effectively from inspections on behalf of PIH-REAC are Assessment Questionnaire. rental assistance to market rate housing requested to complete this form. The OMB Approval Number: 2577–0243. after a disaster. Additionally, since form is a questionnaire that provides Form Numbers: HUD–50002. DHAP differs from the regular Housing PIH-REAC with basic background Description of the Need for the Choice Voucher (HCV) program, this information about the individual’s Information and its Proposed Use: study will enable HUD to see if DHAP inspection skills and abilities. Individuals interested in conducting vouchers and their differential rents are DATES: Comments Due Date: January 14, Uniform Physical Condition Standards having a different effect on housing, 2009. inspections on behalf of PIH-REAC are employment, education, health, and ADDRESSES: Interested persons are requested to complete this form. The other outcomes after DHAP ends invited to submit comments regarding form is a questionnaire that provides February 28, 2009. this proposal. Comments should refer to PIH-REAC with basic background OMB Control Number: 2528–Pending. the proposal by name and/or OMB information about the individual’s Agency Form Numbers: None. approval Number (2577–0243) and inspection skills and abilities. Members of Affected Public: State, should be sent to: HUD Desk Officer, Frequency of Submission: On Local or Tribal Government. Office of Management and Budget, New occasion.

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

Reporting Burden ...... 800 1 1 800

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Total Estimated Burden Hours: 800. who use a telecommunication device WYW177887): Bureau of Land Status: Revision of a currently (TTD) may call the Federal Information Management, Wyoming State Office, approved collection. Relay Service (FIRS) at 1–800–877– 5353 Yellowstone Road, P.O. Box 1828, Authority: Section 3507 of the Paperwork 8330, 24 hours a day, seven days a Cheyenne, WY 82003; and, Bureau of Reduction Act of 1995, 44 U.S.C. 35, as week, to contact the Bureau of Land Land Management, Casper Field Office, amended. Management. 2987 Prospector Drive, Casper, WY 82604. The written notice should be Dated: December 9, 2008. Michael Bilancione, sent to the following addresses: Kiewit Lillian L. Deitzer, Land Transfer Resolution Specialist, Land Mining Properties Inc., Attn: Greg Todd, Departmental Paperwork Reduction Act Transfer Adjudication I. P.O. Box 3027, Gillette, WY 82717– Officer, Office of the Chief Information [FR Doc. E8–29601 Filed 12–12–08; 8:45 am] 3027, and the Bureau of Land Officer. BILLING CODE 4310–JA–P Management, Wyoming State Office, [FR Doc. E8–29624 Filed 12–12–08; 8:45 am] Branch of Solid Minerals, Attn: Mavis BILLING CODE 4210–67–P Love, P.O. Box 1828, Cheyenne, WY DEPARTMENT OF THE INTERIOR 82003. SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE INTERIOR Bureau of Land Management This notice of invitation will be published in [WY–920–1320–EL, WYW177887] Bureau of Land Management The News-Record of Gillette, WY, once Coal Exploration License, WY each week for two consecutive weeks [AA–14015; AK–964–1410–KC–P] beginning the week of December 19, AGENCY: Bureau of Land Management, 2008, and in the Federal Register. Any Alaska Native Claims Selection Interior. party electing to participate in this AGENCY: Bureau of Land Management, ACTION: Notice of Invitation for Coal exploration program must send written Interior. Exploration License. notice to both the Bureau of Land ACTION: Management and Kiewit Mining Notice of decision approving SUMMARY: Pursuant to section 2(b) of the lands for conveyance. Properties Inc., as provided in the Mineral Leasing Act of 1920, as ADDRESSES section above, no later than SUMMARY: As required by 43 CFR amended by section 4 of the Federal thirty days after publication of this 2650.7(d), notice is hereby given that an Coal Leasing Amendments Act of 1976, invitation in the Federal Register. appealable decision approving the 90 Stat. 1083, 30 U.S.C. 201(b), and to The foregoing is published in the surface and subsurface estates in certain the regulations adopted as 43 CFR 3410, Federal Register pursuant to 43 CFR lands for conveyance pursuant to the all interested parties are hereby invited 3410.2–1(c)(1). to participate with Kiewit Mining Alaska Native Claims Settlement Act Dated: December 9, 2008. Properties Inc. on a pro rata cost sharing will be issued to Sealaska Corporation. Michael J. Madrid, The lands are in the vicinity of Dall basis in its program for the exploration of coal deposits owned by the United Acting Deputy State Director, Minerals and Island, Alaska, and are located in: Lands. States of America in the following- Copper River Meridian, Alaska described lands in Campbell County, [FR Doc. E8–29590 Filed 12–12–08; 8:45 am] T. 81 S., R. 84 E., WY: BILLING CODE 4310–22–P Sec. 21. T. 52 N., R. 72 W., 6th P.M., Wyoming Containing approximately 80 acres. Sec. 7: Lots 18 through 20; DEPARTMENT OF THE INTERIOR Notice of the decision will also be Sec. 8: Lots 13 through 16; Sec. 17: Lots 1 through 4, 5 (N1⁄2), 6 (N1⁄2), Bureau of Land Management published four times in the Island 1 1 News. 7 (N ⁄2), 8 (N ⁄2); Sec. 18: Lots 5 through 7, 10, 11, 12 (N1⁄2, [CA–110] DATES: The time limits for filing an SW1⁄4), 13 (W1⁄2), 14, 15, 18, 19, 20 appeal are: (W1⁄2); Meeting of the Central California 1. Any party claiming a property Sec. 19: Lots 5 (W1⁄2), 6, 7, 10, 11, 12 Resource Advisory Council Off- (W1⁄2), 13 (W1⁄2), 14, 15, 17 through 19, Highway Vehicle Subcommittee interest which is adversely affected by 1 the decision shall have until January 14, 20 (W ⁄2). ACTION: Notice of Public Meeting. 2009, to file an appeal. Containing 1,448.922 acres, more or less. 2. Parties receiving service of the All of the coal in the above-described SUMMARY: In accordance with the decision by certified mail shall have 30 land consists of unleased Federal coal Federal Land Policy and Management days from the date of receipt to file an within the Powder River Basin Known Act (FLPMA) and the Federal Advisory appeal. Coal Leasing Area. The purpose of the Committee Act of 1972 (FACA), the U.S. Parties who do not file an appeal in exploration program is to obtain Department of the Interior, Bureau of accordance with the requirements of 43 structural geology and coal quality data Land Management (BLM) Central CFR part 4, Subpart E, shall be deemed to assess reserves contained in a California Resource Advisory Council to have waived their rights. potential lease at the Buckskin Mine. Off-Highway Vehicle (OHV) ADDRESSES: A copy of the decision may The proposed exploration program is Subcommittee will meet as indicated be obtained from: Bureau of Land fully described and will be conducted below. Management, Alaska State Office, 222 pursuant to an exploration plan to be DATES: The Bureau of Land Management West Seventh Avenue, #13, Anchorage, approved by the Bureau of Land Central California Resource Advisory Alaska 99513–7504. Management. Council Off-Highway Vehicle FOR FURTHER INFORMATION, CONTACT: The ADDRESSES: Copies of the exploration Subcommittee will meet Jan. 24, 2009, Bureau of Land Management by phone plan are available for review during at the Tulare County Office of Education at 907–271–5960, or by e-mail at normal business hours in the following Board Room, 2637 W. Burrel Ave., [email protected]. Persons offices (serialized under number Visalia, CA.

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The meeting will run from about from and 182⁄3 percent, respectively. The implementing regulations at 43 CFR 10 a.m. to noon. Members of the public lessee paid the required $500.00 2710 and 2720. The purpose of the sale are welcome to attend the meeting. The administrative fee for the reinstatement is to dispose of lands which are difficult subcommittee will conduct of the lease and $166.00 cost for and uneconomic to manage as part of organizational business and discuss publishing this Notice in the Federal the public lands. OHV issues for the subcommittee to Register. The lessee met all the DATES: Comments regarding the address. Depending on weather, a tour requirements for reinstatement of the proposed sale must be received by BLM of the Tulare Off-Road Vehicle Park, lease as set out in Section 31(d) and (e) on or before January 29, 2009. Bidding 2300 W. Palge Ave. Tulare, may follow of the Mineral Leasing Act of 1920 (30 will open on or around March 2, 2009 the meeting. U.S.C. 188). We are proposing to and will continue for at least 30 days. FOR FURTHER INFORMATION CONTACT: reinstate lease OKNM 113435, effective The date for receipt of final bids will be BLM Central California Public Affairs the date of termination, March 1, 2008, announced online, with 3 days notice. Officer David Christy, both at (916) 985– under the original terms and conditions Bidding may continue beyond the date 4474. of the lease and the increased rental and announced if deemed warranted by GSA SUPPLEMENTARY INFORMATION: The royalty rates cited above. due to bidder interest. Other deadline Before including your address, phone twelve-member Central California RAC dates for payments, arranging payments, number, e-mail address, or other advises the Secretary of the Interior, and payment by electronic transfers, are personal identifying information in your through the BLM, on a variety of public specified in the terms and condition of comment, you should be aware that land issues associated with public land sale described herein. More specific your entire comment—including your management in Central California. The information on the sale will be personal identifying information—may RAC approved formation of an OHV contained in an Invitation For Bids be made publicly available at any time. Subcommittee in April 2007. The which will be available at http:// While you can ask us in your comment meeting is open to the public. www.auctionrp.com or http:// to withhold your personal identifying Individuals who plan to attend and www.propertydisposal.gsa.gov. information from public review, we need special assistance such as sign cannot guarantee that we will be able to ADDRESSES: Comments regarding the language interpretation or other do so. proposed sale should be submitted to reasonable accommodations should Dated: December 9, 2008. BLM, to the attention of the Barstow contact the BLM as indicated above. Field Manager, at the following address: Margie Dupre, Dated: December 4, 2008. Bureau of Land Management, 2601 Land Law Examiner, Fluids Adjudication David Christy, Barstow Road, Barstow, California Team. Public Affairs Officer. 92311. More detailed information [FR Doc. E8–29572 Filed 12–12–08; 8:45 am] [FR Doc. E8–29578 Filed 12–12–08; 8:45 am] regarding the proposed sale and the BILLING CODE 4310–FB–P BILLING CODE 4310–40–P land involved, including maps and current appraisal may be reviewed DEPARTMENT OF THE INTERIOR during normal business hours between DEPARTMENT OF THE INTERIOR 8 a.m. and 4 p.m. at the Barstow Field Bureau of Land Management Office. GSA’s address for purposes of Bureau of Land Management bid registration will be specified in the [LLCA9300000.LVFL58740000. Invitation For Bids to be available a [NM–920–1310–08; OKNM 113435] LXSS003B0000–CACA 50075] http://www.auctionrp.com. Notice of Proposed Reinstatement of Notice of Realty Action: Competitive FOR FURTHER INFORMATION CONTACT: Terminated Oil and Gas Lease OKNM Sale of Public Lands in San Bernardino Richard Rotte, Realty Specialist or Tom 113435 County, CA Gey, Realty Specialist (951) 697–55352 or via e-mail at AGENCY: Bureau of Land Management, AGENCY: Bureau of Land Management, _ Interior. Richard [email protected] or Interior. [email protected]. ACTION: Notice of Reinstatement of ACTION: Notice of realty action. Terminated Oil and Gas Lease. SUPPLEMENTARY INFORMATION: The SUMMARY: The Bureau of Land following public lands in San SUMMARY: Under the Class II provisions Management (BLM) proposes to sell a Bernardino County, California have of Title IV, Public Law 97–451, The parcel of public land in San Bernardino been identified as available for sale Bureau of Land Management (BLM) County, California, consisting of under the 1980 BLM California Desert received a petition for reinstatement of approximately 40 acres. The sale will be Conservation Area Plan, as amended, oil and gas lease OKNM 113435 from conducted by the United States General and are proposed for sale. The public the lessee, Chesapeake Energy Services Administration (GSA) as an lands proposed for sale consist of one Corporation for lands in Woods County, online competitive bid auction, at GSA’s parcel of approximately 40 acres. San Oklahoma. The petition was filed on Web site: http://www.auctionrp.com/. Bernardino Meridian, California, T.10 time and was accompanied by all the Interested bidders must first register to N., R.2 W., sec. 32, NE1⁄4NE1⁄4. On rentals due since the date the lease bid either at http://www.auctionrp.com December 15, 2008, the above-described terminated under the law. or by mail and submit registration land will be segregated from FOR FURTHER INFORMATION CONTACT: deposits, and once registered, may appropriation under the public land Margie Dupre, BLM, New Mexico State participate in online bidding. Bids must laws, including the mining laws, except Office, at (505) 438–7520. be equal to or greater than the appraised the sale provisions of the FLPMA. Until SUPPLEMENTARY INFORMATION: No valid fair market value of the land. The sale completion of the sale, the BLM is no lease has been issued that affect the will be completed under the authority of longer accepting land use applications lands. The lessee agrees to new lease Sections 203 and 209 of the Federal affecting the identified public land, terms for rentals and royalties of $20.00 Land Policy and Management Act of except applications for the amendment per acre or fraction thereof, per year, 1976 (43 U.S.C. 1713 and 1719) and the of previously-filed right-of-way

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applications or existing authorizations Bernardino County’s transportation and participate in online bidding. The to increase the term of the grants in land management plans. procedure to register and submit the accordance with 43 CFR 2807.15 and 4. No warranty of any kind, express or registration deposit for online bidding 2886.15. The segregative effect will implied, is given by the United States as will be described in detail in the terminate upon issuance of a patent, to the title, physical condition or Invitation For Bids to be available at publication in the Federal Register of a potential uses of the lands proposed for www.auctionrp.com. Each bid received termination of the segregation, or sale; and the conveyance will not be on shall be deemed to be a continuing offer January 5, 2009, unless extended by the a contingency basis. To the extent for 90 calendar days after the date of the BLM State Director in accordance with required by law, all such parcels are final bid submittal by a bidder until the 43 CFR 2711.1–2(d) prior to the subject to the requirements of Section bid is accepted or rejected by the termination date. Proceeds from the sale 120(h) of the Comprehensive Government. If the Government desires will be deposited into the Federal Land Environmental Response Compensation to accept any bid after the expiration of Disposal Account, pursuant to the and Liability Act, as amended the 90 calendar days, the consent of the Federal Land Transaction Facilitation (CERCLA) (42 U.S.C. 9620(h)). bidder shall be obtained prior to such Act. The lands identified for sale have 5. All purchasers/patentees, by expiration. no known mineral value and the accepting a patent, covenant and agree 7. The highest qualifying bid will be proposed sale would include the to indemnify, defend and hold the declared the high bid and the high conveyance of both the surface and United States harmless from any costs, bidder will receive written notice. The mineral interests of the United States. A damages, claims, causes of action, high bidder will be required to secure bid to purchase the land will constitute penalties, fines, liabilities, and his bid with a bid deposit of cash funds an application for conveyance of the judgments of any kind or nature arising equal to 10% of the bid amount within mineral interest and in conjunction with from the past, present, and future acts 10 days of being notified that the United the final payment; the applicant will be or omissions of the patentees or their States has accepted his bid. The high required to pay a $50.00 non-refundable employees, agents, contractors, or bidder’s $10,000 registration deposit filing fee for processing the conveyance lessees, or any third-party, arising out of will be applied to make up a portion of of the mineral interest. or in connection with the patentees’ use, the required 10% bid deposit. Bid The terms and conditions applicable occupancy, or operations on the results will also be posted on the to this sale are as follows: patented real property. This Internet at GSA’s Web site: http:// 1. The lands will be conveyed with indemnification and hold harmless www.auctionrp.com. the following reservations to the United agreement includes, but is not limited 8. The remainder of the full bid price States: (a) A reservation of a right-of- to, acts and omissions of the patentees must be paid within 180 calendar days way to the United States for ditches and and their employees, agents, of the award letter, in the form of a canals constructed by authority of the contractors, or lessees, or any third certified check, money order, bank draft, United States under the Act of August party, arising out of or in connection or cashier’s check made payable in U.S. 30, 1890 (43 U.S.C. 945), (b) A with the use and/or occupancy of the dollars to the Bureau of Land reservation of a right-of-way for a patented real property which has Management. Personal checks will not federal aid highway issued to the already resulted or does hereafter result be accepted. Failure to pay the full price California Department of Transportation in: (1) Violations of Federal, state, and within the 180 days will disqualify the under serial number CALA 6884, and (c) local laws and regulations that are now apparent high bidder and cause the A reservation of a right-of-way to the or may in the future become applicable entire bid deposit to be forfeited to the United States for a road for to the real property; (2) Judgments, BLM. administrative purposes and for the claims or demands of any kind assessed 9. Registration deposits submitted by public under serial number CACA against the United States; (3) Costs, unsuccessful bidders will be returned 50518. expenses, or damages of any kind by GSA. 2. The lands will also be conveyed incurred by the United States; (4) 10. The BLM may accept or reject any subject to the following valid existing Releases or threatened releases of solid or all offers, or withdraw any parcel of rights: (a.) A right of way (ROW) for an or hazardous waste(s) and/or hazardous land or interest therein from sale, if, in access road issued to Golden State substances(s), as defined by Federal or the opinion of the BLM authorized Holdings, LLC, under serial number state environmental laws, off, on, into or officer, consummation of the sale would CACA 15388, and (b.) A ROW for a fiber under land, property and other interest not be fully consistent with FLPMA or optic cable issued to Sprint of the United States; (5) Activities by other applicable law or is determined to Communications Co. under serial which solids or hazardous substances or not be in the public interest. number CACA 20105. Parcels may be waste, as defined by Federal and state 11. Under Federal law, the public subject to applications for rights of way environmental laws are generated, lands may only be conveyed to U.S. received prior to publication of this released, stored, used or otherwise citizens 18 years of age or older; a Notice if processing the application disposed of on the patented real corporation subject to the laws of any would not adversely affect the property, and any cleanup response, State or of the United States; a State, marketability or appraised value of a remedial action or other actions related State instrumentality, or political parcel. The encumbrances of record, in any manner to said solid or subdivision authorized to hold property, appearing in the BLM public files for hazardous substances or wastes; or (6) or an entity legally capable of conveying the parcel proposed for sale, are Natural resource damages as defined by and holding lands under the laws of the available for review during the hours Federal and state law. This covenant State of California. Certification of stated above Monday through Friday at shall be construed as running with the qualifications, including citizenship or the Barstow Field Office. parcel of land patented or otherwise corporation or partnership, must be 3. The lands may also be conveyed conveyed by the United States, and may provided to the Bureau of Land subject to such additional easements as be enforced by the United States in a Management prior to conveyance. may be necessary to authorize existing court of competent jurisdiction. Additional Information: If not sold, and proposed roads, public utilities and 6. An initial registration deposit of the lands described in this Notice may flood control facilities based on San $10,000 must be provided to GSA to be identified for sale later without

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further legal notice and may be offered Dated: December 5, 2008. On December 15, 2008, the above- for sale by sealed bid, internet auction, Tom Pogacnik, described land will be segregated from or oral auction. In order to determine Deputy State Director, Natural Resources appropriation under the public land the value, through appraisal, of the land (CA–930). laws, including the mining laws, except proposed to be sold, certain [FR Doc. E8–29571 Filed 12–12–08; 8:45 am] the sale provisions of FLPMA. Until extraordinary assumptions may have BILLING CODE 4310–40–P completion of the sale, the BLM is no been made of the attributes and longer accepting land use applications limitations of the lands and potential affecting the identified public land, effects of local regulations and policies DEPARTMENT OF THE INTERIOR except applications for the amendment on potential future land uses. Through of previously-filed right-of-way Bureau of Land Management publication of this Notice, the Bureau of applications or existing authorizations Land Management gives notice that to increase the term of the grants in [LLCA9300000.LVFL58740000.LXSS005B accordance with 43 CFR 2807.15 and these assumptions may not be endorsed 0000; CACA 49821] 2886.15. The segregative effect will or approved by units of local terminate upon issuance of a patent, government. It is the buyer’s Notice of Realty Action; Proposed Sale publication in the Federal Register of a responsibility to be aware of all of Public Land, California termination of the segregation, or applicable local government policies, AGENCY: Bureau of Land Management. December 15, 2010, unless extended by laws, and regulations that would affect the BLM State Director in accordance ACTION: Notice of realty action. the subject lands, including any with 43 CFR 2711.1–2(d) prior to the required dedication of lands for public SUMMARY: Three parcels of public land termination date. uses. It is also the buyer’s responsibility totaling 320 acres in Butte County, Public Comments to be aware of existing or projected uses California, are being considered for of nearby properties. When conveyed direct sale to the CSU Chico Research For a period until January 14, 2009, out of Federal ownership, the lands will Foundation under the provisions of the interested parties and the general public be subject to any applicable reviews and Federal Land Policy Management Act of may submit in writing any comments approvals by the respective unit of local 1976 (FLPMA), at no less than the concerning the land being considered government for proposed future uses, appraised fair market value. for sale, including notification of any and any such reviews and approvals encumbrances or other claims relating DATES: In order to ensure consideration to the identified land, to Field Manager, will be the responsibility of the buyer. in the environmental analysis of the Any land lacking access from a public BLM Redding Field Office, at the above proposed sale, comments must be address. In order to ensure road or highway will be conveyed as received by January 14, 2009. such, and future access acquisition will consideration in the environmental ADDRESSES: Address all comments be the responsibility of the buyer. analysis of the proposed sale, comments concerning this Notice to Field Information concerning the sale, must be in writing and postmarked or Manager, Bureau of Land Management including the reservations, sale delivered within 30 days of the initial (BLM), Redding Field Office, 355 date of publication of this Notice. procedures and conditions, CERCLA Hemsted Drive, Redding, CA 96002. Comments transmitted via e-mail will and other environmental documents not be accepted. Comments, including will be available for review at the FOR FURTHER INFORMATION CONTACT: Ilene Emry, Realty Specialist, at the names and street addresses of Barstow Field Office. Most of this respondents, will be available for public information will be available on the above address or phone (530) 224–2122. SUPPLEMENTARY INFORMATION: The review at the BLM Redding Field Office Internet at http://www.ca.blm.gov/ca/st/ during regular business hours, except en/barstow.html. following-described public land in Butte County, California, is being considered holidays. Individual respondents may Public Comments: The general public for sale under the authority of Section request confidentiality. Before including and interested parties may submit 203 of the Federal Land Policy and your address, phone number, e-mail comments regarding the proposed sale Management Act of 1976 (90 Stat. 2750, address, or other personal identifying to the attention of the Barstow Field 43 U.S.C. 1713): information in your comment, be Manager on or before January 29, 2009. advised that your entire comment— Any adverse comments regarding the Mount Diablo Meridian including your personal identifying proposed sale will be reviewed by the M.D.M, T. 23 N., R. 2 E., sec. 24, N1⁄2 NE1⁄4, information—may be made publicly California BLM State Director or other SW1⁄4 NE1⁄4, N1⁄2 SW1⁄4; available at any time. While you can ask M.D.M, T. 23 N., R. 2 E., sec. 26, E1⁄2 NE1⁄4, us in your comment to withhold from authorized official of the Department, 1 1 who may sustain, vacate, or modify this NE ⁄4 SE ⁄4. public review your personal identifying The area described contains 320 acres in realty action in whole or in part. Before information, we cannot guarantee that Butte County. (APN: 056–040–017, 056–040– we will be able to do so. If you wish to including your address, phone number, 018, 056–050–004) e-mail address, or other personal have your name or address withheld identifying information in your The 1993 BLM Redding Resource from public disclosure under the Management Plan, as amended, comment, be advised that your entire Freedom of Information Act, you must identifies these parcels of public land as comment—including your personal state this prominently at the beginning suitable for disposal. Conveyance of the of your comments. Any determination identifying information—may be made identified public land will be subject to by the BLM to release or withhold the publicly available at any time. While valid existing rights and encumbrances names and/or addresses of those who you can ask us in your comment to of record, including but not limited to, comment will be made on a case-by-case withhold from public review your rights-of-way for roads and public basis. Such requests will be honored to personal identifying information, we utilities. Conveyance of any mineral the extent allowed by law. The BLM cannot guarantee that we will be able to interests pursuant to Section 209 of will make available for public review, in do so. FLPMA will be analyzed during their entirety, all comments submitted Authority: 43 CFR 2711.1–2(a) and (c). processing of the proposed sale. by businesses or organizations,

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including comments by individuals in identified public land will be subject to information, we cannot guarantee that their capacity as an official or valid existing rights and encumbrances we will be able to do so. If you wish to representative of a business or of record, including but not limited to, have your name or address withheld organization. rights-of-way for roads and public from public disclosure under the Authority: 43 CFR 2711.1–2. utilities. Conveyance of any mineral Freedom of Information Act, you must interests pursuant to Section 209 of state this prominently at the beginning Dated: December 1, 2008. FLPMA will be analyzed during of your comments. Any determination Steven W. Anderson, processing of the proposed sale. by the BLM to release or withhold the Redding Field Manager. On December 15, 2008, the above- names and/or addresses of those who [FR Doc. E8–29586 Filed 12–12–08; 8:45 am] described land will be segregated from comment will be made on a case-by-case BILLING CODE 4310–40–P appropriation under the public land basis. Such requests will be honored to laws, including the mining laws, except the extent allowed by law. The BLM the sale provisions of FLPMA. The will make available for public review, in DEPARTMENT OF THE INTERIOR subject lands were also segregated for their entirety, all comments submitted exchange under CACA 44848 FD and by businesses or organizations, Bureau of Land Management CACA 46843 F1, under provisions of the including comments by individuals in [LLCA9300000.LVFL58740000.LXSS007B exchange regulations found at 43 CFR their capacity as an official or 0000; CACA 49822, 49823, 49824, 49825] 2201.1–1. The exchange segregation is representative of a business or hereby terminated for the lands organization. Notice of Realty Action; Proposed Sale described in this Notice. Until Authority: 43 CFR 2711.1–2. of Public Land, California completion of the sale, the BLM is no longer accepting land use applications Dated: December 1, 2008. AGENCY: Bureau of Land Management. affecting the identified public land, Steven W. Anderson, ACTION: Notice of realty action. except applications for the amendment Redding Field Manager. of previously-filed right-of-way [FR Doc. E8–29588 Filed 12–12–08; 8:45 am] SUMMARY: Four parcels of public land applications or existing authorizations BILLING CODE 4310–40–P totaling 314.54 acres in Tehama County, to increase the term of the grants in California, are being considered for sale accordance with 43 CFR 2807.15 and under the provisions of the Federal 2886.15. The segregative effect will DEPARTMENT OF THE INTERIOR Land Policy Management Act of 1976 terminate upon issuance of a patent, (FLPMA), at no less than the appraised publication in the Federal Register of a Bureau of Land Management fair market value. termination of the segregation, or [LLCA9300000.LVFL58740000.LXSS006B DATES: In order to ensure consideration December 15, 2010, unless extended by 0000; CACA 47958] in the environmental analysis of the the BLM State Director in accordance proposed sale, comments must be with 43 CFR 2711.1–2(d) prior to the Notice of Realty Action; Proposed Sale received by January 14, 2009. termination date. of Public Land, California ADDRESSES: Address all comments Public Comments AGENCY: Bureau of Land Management. concerning this Notice to Field Manager, Bureau of Land Management For a period until January 14, 2009, ACTION: Notice of realty action. interested parties and the general public (BLM), Redding Field Office, 355 SUMMARY: A parcel of public land Hemsted Drive, Redding, CA 96002. may submit in writing any comments concerning the land being considered totaling 80 acres in Tehama County, FOR FURTHER INFORMATION CONTACT: for sale, including notification of any California, is being considered for sale Susie Rodriguez, Realty Specialist, at encumbrances or other claims relating under the provisions of the Federal the above address or phone (530) 224– to the identified land, to Field Manager, Land Policy and Management Act of 2142. BLM Redding Field Office, at the above 1976 (FLPMA), at no less than the SUPPLEMENTARY INFORMATION: The address. In order to ensure appraised fair market value. following-described public land in consideration in the environmental DATES: In order to ensure consideration Tehama County, California, is being analysis of the proposed sale, comments in the environmental analysis of the considered for sale under the authority must be in writing and postmarked or proposed sale, comments must be of Section 203 of the Federal Land delivered within 30 days of the initial received by January 14, 2009. Policy and Management Act of 1976, (90 date of publication of this Notice. ADDRESSES: Address all comments Stat. 2750, 43 U.S.C. 1713): Comments transmitted via e-mail will concerning this Notice to Field Mount Diablo Meridian not be accepted. Comments, including Manager, Bureau of Land Management names and street addresses of (BLM), Redding Field Office, 355 CACA 49822 M.D.M, T. 27 N., R. 2 W., sec. respondents, will be available for public Hemsted Drive, Redding, CA 96002. 4, S1⁄2SW1⁄4 CACA 49823 M.D.M, T. 27 N., R. 2 W., sec. review at the BLM Redding Field Office FOR FURTHER INFORMATION CONTACT: 4, SE1⁄4SE1⁄4 during regular business hours, except Ilene Emry, Realty Specialist, at the CACA 49824 M.D.M, T. 27 N., R. 2 W., sec. holidays. Individual respondents may above address or phone (530) 224–2122. 1 1 8, lot 1, N ⁄2NE ⁄4 request confidentiality. Before including SUPPLEMENTARY INFORMATION: The CACA 49825 M.D.M, T. 27 N., R. 2 W., sec. your address, phone number, e-mail following-described public land in 8, lots 3, 4, 5 address, or other personal identifying The area described contains 314.54 acres in Tehama County, California, is being information in your comment, be considered for sale under the authority Tehama County. (APN 049–040–05, 06, 12, advised that your entire comment— 17, and 20) of Section 203 of the Federal Land including your personal identifying Policy and Management Act of 1976 (90 The 1993 BLM Redding Resource information—may be made publicly Stat. 2750, 43 U.S.C. 1713): Management Plan, as amended, available at any time. While you can ask identifies these parcels of public land as us in your comment to withhold from Mount Diablo Meridian suitable for disposal. Conveyance of the public review your personal identifying M.D.M., T. 28 N., R. 5 W., sec. 10, W1⁄2SW1⁄4.

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The area described contains 80 acres in advised that your entire comment— Letter of Credit; and MMS–4072, Tehama County. (APN: 007–049–09). including your personal identifying Royalty-in-Kind Contract Surety The 1993 BLM Redding Resource information—may be made publicly Bond).’’ The new title of this ICR is ‘‘30 Management Plan, as amended, available at any time. While you can ask CFR Part 208, RIK Oil and Gas.’’ identifies this parcel of public land as us in your comment to withhold from DATES: Submit written comments on or suitable for disposal. Conveyance of the public review your personal identifying before January 14, 2009. identified public land will be subject to information, we cannot guarantee that ADDRESSES: Submit written comments valid existing rights and encumbrances we will be able to do so. If you wish to by either FAX (202) 395–6566 or e-mail of record, including but not limited to have your name or address withheld ([email protected]) directly to rights-of-way for roads and public from public disclosure under the the Office of Information and Regulatory utilities. Conveyance of any mineral Freedom of Information Act, you must Affairs, OMB, Attention: Desk Officer interests pursuant to Section 209 of state this prominently at the beginning for the Department of the Interior (OMB FLPMA will be analyzed during of your comments. Any determination Control Number 1010–0119). processing of the proposed sale. On by the BLM to release or withhold the Please submit copies of your December 15, 2008, the above-described names and/or addresses of those who comments to MMS by the following land will be segregated from comment will be made on a case-by-case methods: appropriation under the public land basis. Such requests will be honored to • Electronically go to http:// laws, including the mining laws, except the extent allowed by law. The BLM www.regulations.gov. In the ‘‘Comment the sale provisions of the FLPMA. The will make available for public review, in or Submission’’ column, enter ‘‘MMS– subject lands were also segregated for their entirety, all comments submitted 2008–MRM–0010’’ to view supporting exchange under CACA 46843–F1, under by businesses or organizations, and related materials for this ICR. provisions of the exchange regulations including comments by individuals in Information on using Regulations.gov, found at 43 CFR 2201.1–1. The their capacity as an official or including instructions for accessing exchange segregation is hereby representative of a business or documents, submitting comments, and terminated for the lands described in organization. viewing the docket after the close of the this Notice. Until completion of the sale, Authority: 43 CFR 2711.1–2. comment period, is available through the BLM is no longer accepting land use the site’s ‘‘User Tips’’ link. All Dated: December 1, 2008. applications affecting the identified comments submitted will be posted to public land, except applications for the Steven W. Anderson, the docket. amendment of previously-filed right-of- Redding Field Manager. • Mail comments to Armand way applications or existing [FR Doc. E8–29589 Filed 12–12–08; 8:45 am] Southall, Regulatory Specialist, authorizations to increase the term of BILLING CODE 4310–40–P Minerals Management Service, Minerals the grants in accordance with 43 CFR Revenue Management, P.O. Box 25165, 2807.15 and 2886.15. The segregative MS 302B2, Denver, Colorado 80225. effect will terminate upon issuance of a DEPARTMENT OF THE INTERIOR Please reference ICR 1010–0119 in your patent, publication in the Federal comments. Register of a termination of the Minerals Management Service • Hand-carry comments or use an segregation, or December 15, 2010, [Docket No. MMS–2008–MRM–0010] overnight courier service. Our courier unless extended by the BLM State address is Building 85, Room A–614, Director in accordance with 43 CFR Agency Information Collection Denver Federal Center, West 6th Ave. 2711.1–2(d) prior to the termination Activities: Proposed Collection, and Kipling St., Denver, Colorado date. Comment Request 80225. Please reference ICR 1010–0119 in your comments. Public Comments AGENCY: Minerals Management Service For a period until January 14, 2009, (MMS), Interior. FOR FURTHER INFORMATION CONTACT: Armand Southall, telephone (303) 231– interested parties and the general public ACTION: Notice of an extension of a may submit in writing any comments currently approved information 3221, or e-mail concerning the land being considered collection (OMB Control Number 1010– [email protected]. You may for sale, including notification of any 0119). also contact Armand Southall to obtain encumbrances or other claims relating copies, at no cost, of (1) the ICR, (2) any to the identified land, to Field Manager, SUMMARY: To comply with the associated forms, and (3) the regulations BLM Redding Field Office, at the above Paperwork Reduction Act of 1995 that require the subject collection of address. In order to ensure (PRA), we are notifying the public that information. consideration in the environmental we have submitted an information SUPPLEMENTARY INFORMATION: analysis of the proposed sale, comments collection request (ICR) to the Office of Title: 30 CFR Part 208, RIK Oil and must be in writing and postmarked or Management and Budget (OMB) for Gas. delivered within 30 days of the initial renewal approval of the paperwork OMB Control Number: 1010–0119. date of publication of this Notice. requirements in the regulations under Bureau Form Number: Forms MMS– Comments transmitted via e-mail will 30 CFR part 208. This notice also 4070, MMS–4071, and MMS–4072. not be accepted. Comments, including provides the public a second Abstract: The Secretary of the U.S. names and street addresses of opportunity to comment on the Department of the Interior is responsible respondents, will be available for public paperwork burden of these regulatory for mineral resource development on review at the BLM Redding Field Office requirements. The previous title of this Federal and Indian lands and the Outer during regular business hours, except information collection request (ICR) was Continental Shelf (OCS). Under the holidays. Individual respondents may ‘‘30 CFR Part 208—Sale of Federal Mineral Leasing Act of 1920 (30 U.S.C. request confidentiality. Before including Royalty Oil; Sale of Federal Royalty Gas; 1923), the Indian Mineral Development your address, phone number, e-mail and Commercial Contracts (Forms Act of 1982 (25 U.S.C. 2103), and the address, or other personal identifying MMS–4070, Application for the Outer Continental Shelf Lands Act (OCS information in your comment, be Purchase of Royalty Oil; MMS–4071, Lands Act, 43 U.S.C. 1353), the

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Secretary is responsible for managing MMS–4072, Royalty-in-Kind Contract independent refiner, as defined under the production of minerals from Federal Surety Bond. These forms are located at § 208.2. The MMS uses the information and Indian lands and the OCS, http://www.mrm.mms.gov/rikweb/ collected on Form MMS–4070 to collecting royalties and other mineral RIKForms.htm. determine the eligibility of refiners revenues from lessees who produce Eligible Refiner Information— wanting to enter into contracts to minerals, and distributing the funds Determination of Need. The regulations, purchase royalty oil under 30 CFR 208.2 collected in accordance with applicable at 30 CFR part 208—Sale of Federal and to provide a basis for the allocation laws. Royalty Oil, govern the eligible refiner of available royalty oil among eligible The Secretary also has a trust sale. Under § 208.4(a) and (b) on behalf refiners. responsibility to manage Indian lands of the Secretary, MMS performs a Directed Communications to and seek advice and information from Determination of Need prior to the sale Operators of Federal Oil and Gas Indian beneficiaries. The MMS performs of royalty oil. The MMS uses the Leases. Collection of RIK crude oil and the minerals revenue management feedback from the Determination of natural gas for eligible refiners and other functions and assists the Secretary in Need respondents to assess the RIK purchasers requires communication carrying out the Department’s trust availability of crude oil supply for between MMS and the operators of responsibility for Indian lands. eligible refiners and to assess current leases to ensure accurate and timely Public laws pertaining to mineral marketplace conditions. The MMS delivery of MMS’ royalty share of revenues are on our Web site at published the most recent _ _ production volumes. Information http://www.mrm.mms.gov/Laws R D/ Determination of Need, requesting collected through MMS’ directed PublicLawsAMR.htm. These public laws specific information from interested communication is essential for MMS to and 30 CFR part 208, as well as specific parties, in the Federal Register on ensure the delivery and acceptance of language in the actual lease documents, January 16, 2008 (73 FR 2938). verifiable quantities and qualities of authorize the Secretary to sell royalty oil (1) Eligible Refiner Prequalification. In crude oil and natural gas. and gas accruing to the United States. order to qualify for RIK sales, eligible The types of directed communication The standard lease terms state that refiners must prequalify by (a) signing and the supporting data, that MMS royalties are due in amount or in value. the MMS base contract, ‘‘RIK Crude Oil requires from operators, are standard The MMS directs communications General Terms and Conditions,’’ which business practices in the oil and gas between MMS operators and royalty-in- is located at http://www.mrm.mms.gov/ industry. Sample ‘‘Dear Operator’’ kind (RIK) purchasers through rikweb/PDFDocs/gtcexh.pdf; and (b) letters are posted on RIK’s Web site at commercial contracts, situation-specific providing detailed financial http://www.mrm.mms.gov/rikweb/ ‘‘Dear Operator’’ letters, or, in the case information. Upon prequalification, RIKOperLts.htm. of eligible refiners, through regulations MMS will issue an amount of unsecured at part 208. credit, based on the creditability of the Third-Party Agreements. Section General Information. The MMS is offeror. 208.9 requires that eligible refiners who responsible for ensuring that all (2) Notice of Availability of Royalty purchase royalty oil must submit to revenues from Federal and Indian Oil. Under § 208.5, if MMS finds from MMS two copies of any written third- mineral leases are accurately collected the Determination of Need process that party agreements (or two copies of a and accounted for and appropriately the program should continue, MMS will complete written explanation of any disbursed to recipients. The Federal then advise industry of a forthcoming oral third-party agreements) and quality Government’s RIK program became a RIK crude oil sale for eligible refiners differential agreements. However, in permanent operational program after and include administrative details practice, MMS does not currently several years of pilot project testing. The concerning the application, allocation, require eligible refiners to submit these RIK program takes payment from and contract award processes for the written third-party and quality mineral lessees ‘‘in kind’’ in the form of royalty oil. The MMS will also advise differential agreements. The MMS produced crude oil and natural gas industry of specific information about reserves the right to request these volumes, rather than in cash payments. the crude oil types offered for sale and agreements from eligible refiners, if The lessee transfers the title of the crude the location of delivery points. As a needed. oil or natural gas to the Federal result of the most recent determination, Offers, Financial Statements, and Government, and MMS sells the MMS held an eligible refiner sale Surety Instruments for Sales of Royalty received product (crude oil or natural August 5–6, 2008, which was Oil and Gas. (1) Offers. The MMS gas) in the marketplace and disburses announced on July 30, 2008 (73 FR requires eligible refiners and/or other revenues as prescribed by law. 44279). RIK purchasers to report (a) Actual The MMS sells Federal oil and gas Under § 208.10(e), eligible refiners pricing offers for submission when competitively in the unrestricted who purchase royalty oil cannot MMS offers production for competitive marketplace. The MMS also sells some transfer, assign, or sell their rights or sale; (b) statements of financial crude oil competitively to eligible interest in a royalty oil contract without qualification (audited financial refiners (a small and independent written approval of the MMS Director. statements or 10K report/statement); refiner, as defined under 30 CFR 208.2). This provision is intended to ensure and (c) surety instruments, such as a Additionally, when directed, MMS that only qualified eligible refiners Letter of Credit (LOC), bond, delivers oil or gas to other Federal benefit from these sales of royalty oil. prepayment, or parent guaranty when agencies, as was the case during the (3) Form MMS–4070—Application for financial qualification is not sufficient. most recent fill of the Strategic the Purchase of Royalty Oil. Under All LOCs are irrevocable. Petroleum Reserve (SPR), directed by § 208.6, eligible refiners interested in The MMS typically offers royalty oil the President in 2007. purchasing royalty oil must submit and gas production for sale by Invitation The crude oil or natural gas Form MMS–4070, which is located at for Offers (IFOs) to those offerors who purchasers and eligible refiners report http://www.mrm.mms.gov/ have previously established their data on three forms—Forms MMS–4070, ReportingServices/PDFDocs/4070.pdf. qualifications. The MMS evaluates all Application for the Purchase of Royalty This form serves as certification that the offers to determine which combination Oil; MMS–4071, Letter of Credit; and company qualifies as a small and of price and other terms comprises the

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best return to the U.S. Department of the Royalty-In-Kind Contract Surety Bond; collecting this information would limit Treasury and to any affected state. or other acceptable commercial surety, the Secretary’s ability to discharge his/ (2) Financial Statements. The MMS within 5 business days prior to the first her duties and may also result in loss of may request that a bidder submit delivery under the contract. For bonds, revenues. The MMS protects proprietary publicly available statements of its MMS requires a specific MMS-approved information submitted under this financial condition (updated, if needed) format. All parent guaranties must collection, and there are no questions of or other related qualification specify a dollar amount of the guaranty a sensitive nature included in this information. The MMS evaluates the and the effective term. The surety information collection. bidder’s financial and/or qualification instruments provide the Federal Frequency of Response: On occasion, information to determine the risk of Government with a means to collect financial default to the Federal money if purchasers do not report and weekly, monthly, annually, frequency Government. pay the Federal royalties. varies within monthly reporting cycle, (3) Surety Instruments. Under MMS Summary: This collection of or as necessary. current practice, eligible refiners are information is necessary to support Estimated Number and Description of subject to the same requirements as MMS’ (1) Requirement of operators to Respondents: 227 Federal lessees and/or other RIK purchasers regarding MMS- deliver RIK crude oil or natural gas operators; and 80 commercial oil and acceptable surety instruments and volumes to the purchasers who gas purchasers and/or refiners. qualification information. Reporting competitively buy these volumes in the Estimated Annual Reporting and requirements in § 208.11 discuss surety unrestricted market; (2) determination Recordkeeping ‘‘Hour’’ Burden: 1,969 instruments for eligible refiners. Surety of which refiners qualify as small and hours. instruments include the broad field of independent eligible refiners to financial instruments that MMS may purchase royalty oil; and (3) We have not included in our require, e.g., bonds, prepayments, or requirement of purchasers and eligible estimates certain requirements parent guaranties. When required, refiners to file actual pricing offers, performed in the normal course of eligible refiners and other RIK respective financial statements, and business, which are considered usual purchasers must provide surety MMS-specified surety instruments. and customary. The following chart documents, i.e., Form MMS–4071, The MMS requests OMB approval to shows the estimated annual burden Letter of Credit; Form MMS–4072, continue to collect this information. Not hours by CFR section and paragraph:

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Average num- Citation 30 CFR Reporting and recordkeeping requirement Hour burden ber of annual Annual responses burden hours

PART 208—SALE OF FEDERAL ROYALTY OIL, Subpart A—General Provisions

§ 208.4 Royalty oil sales to eligible refiners.

208.4(a) ...... (a) Determination to take royalty oil in kind. The Secretary may evaluate 4 4 16 crude oil market conditions from time to time. * * * The Secretary will review these items and will determine whether eligible refiners have access to adequate supplies of crude oil and whether such oil is avail- able to eligible refiners at equitable prices. * * *.

208.4(b) ...... (b) Sale to eligible refiners. (1) * * * The Secretary may authorize MMS Hour burden covered under § 208.4(a). to offer royalty oil for sale to eligible refiners only for use in their refin- eries * * *. 208.4(c) ...... (c) Upon a determination by the Secretary * * * that eligible refiners do Hour burden covered under § 208.4(a). have access to adequate supplies of crude oil at equitable prices, MMS will not take royalties in kind from oil and gas leases for exclu- sive sale to such refiners. * * *. 208.4(d) ...... (d) Interim sales. * * * The potentially eligible refiners, individually or Hour burden covered under § 208.4(a). collectively, must submit documentation demonstrating that adequate supplies of crude oil at equitable prices are not available for purchase. ***.

§ 208.6 General application procedures.

208.6(a) and (b) .. (a) To apply for the purchase of royalty oil, an applicant must file a 1.25 4 5 Form MMS–4070 with MMS in accordance with instructions provided in the ‘‘Notice of Availability of Royalty Oil’’ and in accordance with any instructions issued by MMS for completion of Form MMS–4070. The applicant will be required to submit a letter of intent from a quali- fied financial institution stating that it would be granted surety cov- erage for the royalty oil for which it is applying, or other such proof of surety coverage, as deemed acceptable by MMS. The letter of intent must be submitted with a completed Form MMS–4070. (b) In addition to any other application requirements specified in the Notice, the fol- lowing information is required on Form MMS–4070 at the time of ap- plication: * * *.

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

Average num- Citation 30 CFR Reporting and recordkeeping requirement Hour burden ber of annual Annual responses burden hours

§ 208.7 Determination of eligibility.

208.7(a) ...... (a) The MMS will examine each application and may request additional 0.25 1 *1 information if the information in the application is inadequate. * * *.

§ 208.8 Transportation and delivery.

208.8(a) ...... (a) * * * The purchaser must have physical access to the oil at the al- 1 1 1 ternate delivery point and such point must be approved by MMS.

208.8(b) ...... (b) * * * If the delivery point is on or immediately adjacent to the lease, Hour burden covered by OMB Control Number the royalty oil will be delivered without cost to the Federal Govern- 1010–0140. ment as an undivided portion of production in marketable condition at This provision is no different than the pipeline connections or other facilities provided by the lessee, unless transportation allowances allowed in 30 CFR part other arrangements are approved by MMS. If the delivery point is not 206 for royalties paid in value. The lessee enters on or immediately adjacent to the lease, MMS will reimburse the les- allowance amount on Form MMS–2014. see for the reasonable cost of transportation to such point in an amount not to exceed the transportation allowance determined pursu- ant to 30 CFR part 206. * * *.

§ 208.9 Agreements.

208.9(a) ...... (a) A purchaser must submit to MMS two copies of any written third- 1 1 1 party agreements, or two copies of a full written explanation of any oral third-party agreements, relating to the method and costs of deliv- ery of royalty oil, or crude oil exchanged for the royalty oil, from the point of delivery under the contract to the purchaser’s refinery. In ad- dition, the purchaser must submit copies of agreements pertaining to quality differentials which may occur between leases and delivery points.

§ 208.10 Notices.

208.10(d) ...... (d) After MMS notification that royalty oil will be taken in kind, the oper- 2 20 40 ator shall be responsible for notifying each working interest on the Federal lease. * * *. 208.10(e) ...... (e) A purchaser cannot transfer, assign, or sell its rights or interest in a 1 1 1 royalty oil contract without written approval of the Director, MMS. * * * Without express written consent from MMS for a change in own- ership, the royalty oil contract shall be terminated. * * *.

§ 208.11 Surety requirements. [For eligible refiners]

208.11(a), (b), (d), (a) The eligible purchaser, prior to execution of the contract, shall fur- Hour burden covered under ‘‘Offers, Financial and (e). nish an ‘‘MMS-specified surety instrument,’’ in an amount equal to the Statements, and Surety Instruments for Sales of estimated value of royalty oil that could be taken by the purchaser in Royalty Oil and Gas’’ section. a 99-day period, plus related administrative charges. * * *. (b) * * * The purchaser or its surety company may elect not to renew (Forms MMS–4071, Letter of Credit, and MMS– the letter of credit at any monthly anniversary date, but must notify 4072, Royalty-In-Kind Contract Surety Bond). MMS of its intent not to renew at least 30 days prior to the anniver- sary date. * * *. (d) The ‘‘MMS-specified surety instrument’’ shall be in the form specified by MMS instructions or approved by MMS. * * *. (e) All surety instruments must be in a form acceptable to MMS and must include such other specific requirements as MMS may require adequately to protect the Government’s interests.

§ 208.15 Audits.

208.15 ...... Audits of the accounts and books of lessees, operators, payors, and/or Audit process. See note. purchasers of royalty oil taken in kind may be made annually or at other such times as may be directed by MMS. * * *.

Directed Communications to Operators of Federal Oil and Gas Leases

Contract-Directed Wyoming Gas...... 3 3 9 Natural Gas [Texas 8G and Gulf of Mexico (GOM)] ...... 3 108 324 GOM Oil ...... 3 64 192

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

Average num- Citation 30 CFR Reporting and recordkeeping requirement Hour burden ber of annual Annual responses burden hours

SPR Fill Initiative: In January 2008, 70,000 barrels of oil per day were 3 17 51 directed toward the SPR. (Oil volumes directed towards the SPR have been halted as of July 1, 2008. This will continue to be the case for the remainder of the year unless the price of oil drops below $75 bbl. Volumes which were being directed to the SPR have been redirected back to commercial GOM RIK oil sales. Thus, information collection responses will continue at the same level during and after the SPR initiative—the only difference will be under which program they fall.). Eligible refiners ...... 3 35 105

Offers, Financial Statements, and Surety Instruments for Sales of Royalty Oil and Gas

Contract-Directed Offers ...... 1 903 903 Financial Statements ...... 1 20 20 Surety Instruments ...... 10 30 300

Total Burden ...... 1,212 1,969 Note: The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve ex- ceptions. * Rounded up from 0.25.

Estimated Annual Reporting and If you wish to comment in response DEPARTMENT OF THE INTERIOR Recordkeeping ‘‘Non-hour’’ Cost to this notice, you may send your Burden: We have identified no ‘‘non- comments to the offices listed under the Minerals Management Service hour’’ cost burdens. ADDRESSES section of this notice. The OMB has up to 60 days to approve or Environmental Documents Prepared Public Disclosure Statement: The PRA for Proposed Oil, Gas, and Mineral (44 U.S.C. 3501 et seq.) provides that an disapprove the information collection but may respond after 30 days. Operations by the Gulf of Mexico Outer agency may not conduct or sponsor, and Continental Shelf (OCS) Region a person is not required to respond to, Therefore, to ensure maximum a collection of information unless it consideration, OMB should receive AGENCY: Minerals Management Service, displays a currently valid OMB control public comments by January 14, 2009. Interior. number. Public Comment Policy: We will post ACTION: Notice of the Availability of Comments: Section 3506(c)(2)(A) of all comments in response to this notice Environmental Documents; Prepared for the PRA requires each agency to ‘‘* * * on our Web site at http:// OCS Mineral Proposals by the Gulf of provide 60-day notice in the Federal www.mrm.mms.gov/Laws_R_D/ Mexico OCS Region. Register * * * and otherwise consult FRNotices/FRInfColl.htm. We will also with members of the public and affected make copies of the comments available SUMMARY: Minerals Management Service agencies concerning each proposed for public review, including names and (MMS), in accordance with Federal collection of information * * *.’’ addresses of respondents, during regular Regulations that implement the National Agencies must specifically solicit business hours at our offices in Environmental Policy Act (NEPA), comments to: (a) Evaluate whether the Lakewood, Colorado. Before including announces the availability of NEPA- proposed collection of information is your address, phone number, e-mail related Site-Specific Environmental necessary for the agency to perform its address, or other personal identifying Assessments (SEA) and Findings of No duties, including whether the information in your comment, you Significant Impact (FONSI), prepared by information is useful; (b) evaluate the should be aware that your entire MMS for the following oil-, gas-, and accuracy of the agency’s estimate of the comment—including your personal mineral-related activities proposed on burden of the proposed collection of identifying information—may be made the Gulf of Mexico and Atlantic OCS. information; (c) enhance the quality, publicly available at any time. While FOR FURTHER INFORMATION CONTACT: usefulness, and clarity of the you can ask us in your comment to Public Information Unit, Information information to be collected; and (d) withhold your personal identifying Services Section at the number below. minimize the burden on the information from public view, we Minerals Management Service, Gulf of respondents, including the use of cannot guarantee that we will be able to Mexico OCS Region, Attention: Public automated collection techniques or do so. Information Office (MS 5034), 1201 other forms of information technology. MMS Information Collection Elmwood Park Boulevard, Room 114, To comply with the public Clearance Officer: Arlene Bajusz (202) New Orleans, Louisiana 70123–2394, or consultation process, we published a 208–7744. by calling 1–800–200–GULF. notice in the Federal Register on April SUPPLEMENTARY INFORMATION: MMS Dated: October 21, 2008. 9, 2008 (73 FR 19241), announcing that prepares SEAs and FONSIs for we would submit this ICR to OMB for Gregory J. Gould, proposals that relate to exploration, approval. The notice provided the Associate Director for Minerals Revenue development, production, and transport required 60-day comment period. We Management. of oil, gas, and mineral resources on the received no comments in response to [FR Doc. E8–29523 Filed 12–12–08; 8:45 am] Federal OCS. These SEAs examine the the notice. BILLING CODE 4310–MR–P potential environmental effects of

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activities described in the proposals and Section 102(2)(C). A FONSI is prepared documents required under the NEPA present MMS conclusions regarding the in those instances where MMS finds Regulations. significance of those effects. that approval will not result in This listing includes all proposals for Environmental Assessments are used as significant effects on the quality of the which the Gulf of Mexico OCS Region a basis for determining whether or not human environment. The FONSI briefly prepared a FONSI in the period approval of the proposals constitutes presents the basis for that finding and subsequent to publication of the major Federal actions that significantly includes a summary or copy of the SEA. preceding notice. affect the quality of the human This notice constitutes the public environment in the sense of NEPA notice of availability of environmental

Activity/operator Location Date

Maritech Resources, Inc., Structure Removal, SEA ES/SR 06– Ship Shoal (South Addition), Block 331, Lease OCS–G 13631, 7/3/2008 051A. located 78 miles from the nearest Louisiana shoreline. Chevron U.S.A., Inc., Structure Removal, SEA ES/SR 08–015A South Marsh Island, Block 8, Lease OCS–G 03401, located 7/7/2008 32 miles from the nearest Louisiana shoreline. Anadarko Petroleum Corporation, Structure Removal, SEA ES/ West Cameron (South Addition), Block 613, Lease OCS–G 7/7/2008 SR 08–117. 21059, located 103 miles from the nearest Louisiana shore- line. Beryl Oil & Gas, Structure Removal, SEA ES/SR 08–099 ...... South Timbalier, Block 195, Lease OCS–G 03593, located 38 7/8/2008 miles from the nearest Louisiana shoreline. Union Oil Company of California, Inc., Structure Removal, SEA Brazos, Block 376, Lease OCS–G 07215, located 13 miles 7/9/2008 ES/SR 08–118. from the nearest Texas. Chevron U.S.A., Inc., Structure Removal, SEA ES/SR 96–042A Ship Shoal, Block 108, Lease OCS 00814, located 23 miles 7/9/2008 from the nearest Louisiana shoreline. Eni U.S. Operating Company, Inc., Structure Removal, SEA West Cameron, Block 130, Lease OCS–G 12761, located 22 7/9/2008 ES/SR 08–100. miles from the nearest Louisiana shoreline. Eni U.S. Operating Company, Inc., Structure Removal, SEA Vermilion, Block 313, Lease OCS–G 01172, located 85 miles 7/10/2008 ES/SR 99–065C. from the nearest Louisiana shoreline. Nexen Petroleum U.S.A., Inc., Structure Removal, SEA ES/SR West Delta, Block 45, Lease OCS–G 00138, located 12 miles 7/14/2008 08–116. from the nearest Louisiana shoreline. Merit Energy Company, Structure Removal, SEA ES/SR 08– East Cameron, Block 254, Lease OCS–G 02039, located 74 7/16/2008 094. miles from the nearest Louisiana shoreline. Energy Resource Technology GOM, Inc., Well Conductor Re- East Cameron, Block 374, Lease OCS–G 21586, located 103 7/16/2008 moval, SEA ES/SR RPM EC374–SS001. miles from the nearest Louisiana shoreline. EMGS Americas, Geological & Geophysical Exploration for Located in the Western Planning Area of the Gulf of Mexico ... 7/16/2008 Mineral Resources, SEA T08–10. WesternGeco, LLC, Geological & Geophysical Exploration for Located in the Western Planning Area of the Gulf of Mexico ... 7/16/2008 Mineral Resources, SEA T08–11. Walter Oil & Gas Corporation, Structure Removal, SEA ES/SR Main Pass, Block 161, Lease OCS–G 26151, located 18 miles 7/16/2008 08–102. from the nearest Louisiana shoreline. Walter Oil & Gas Corporation, Structure Removal, SEA ES/SR Brazos, Block 365, Lease OCS–G 09008, located 10 miles 7/17/2008 08–101. from the nearest Texas shoreline. Merit Energy Company, Structure Removal, SEA ES/SR 08– High Island, Block 115, Lease OCS–G 18936, located 20 7/17/2008 112. miles from the nearest Texas shoreline. Apache Corporation, Structure Removal, SEA ES/SR 08–050A High Island, Block A6, Lease OCS–G 04734, located 34 miles 7/17/2008 from the nearest Texas shoreline. Coastal Planning & Engineering, Inc., Geological & Geo- Located off the coast of Manatee & Sarasota Counties, Florida 7/17/2008 physical Exploration for Mineral Resources, SEA M08–03. on the Federal OCS of the Gulf of Mexico. Post, Buckley, Schuh and Jernigan, Geological & Geophysical Located off the coast of St. Johns County, Florida on the Fed- 7/18/2008 Exploration for Mineral Resources, SEA E–8–01. eral OCS of the Atlantic. Maritech Resources, Inc., Structure Removal, SEA ES/SR 06– Eugene Island, Block 365, Lease OCS–G 13628, located 76 7/21/2008 033B. miles from the Louisiana. W & T Offshore, Inc., Structure Removal, SEA ES/SR 08–127 Eugene Island, Block 45, Lease OCS–G 19785, located 17 7/22/2008 miles from the nearest Louisiana shoreline. Century Exploration New Orleans, Inc., Structure Removal, Ship Shoal, Block 154, Lease OCS–G 00420, located 36 miles 7/22/2008 SEA ES/SR 08–125. from the nearest Louisiana shoreline. Century Exploration New Orleans, Inc., Structure Removal, Ship Shoal, Block 154, Lease OCS–G 00420, located 36 miles 7/22/2008 SEA ES/SR 08–126. from the nearest Louisiana shoreline. Seneca Resources Corporation, Structure Removal, SEA ES/ West Cameron, Block 182, Lease OCS–G 15062, located 30 7/22/2008 SR 08–124. miles from the nearest Louisiana shoreline. Maritech Resources, Inc., Structure Removal, SEA ES/SR 08– Eugene Island, Block 305, Lease OCS–G 02108, located 58 7/23/2008 005. miles from the nearest Louisiana shoreline. Maritech Resources, Inc., Structure Removal, SEA ES/SR 08– Ship Shoal, Block 291, Lease OCS–G 02923, located 58 miles 7/23/2008 006A. from the nearest Louisiana shoreline. W & T Offshore, Structure Removal, SEA ES/SR 01–050A ...... Eugene Island, Block 118, Lease OCS–G 15242, located 20 7/24/2008 miles from the nearest Louisiana shoreline. TGS–NOPEC Geophysical Company, Geological & Geo- Located in the central Gulf of Mexico south of Fourchon, Lou- 7/24/2008 physical Exploration for Mineral Resources, SEA M08–04. isiana. GOM Shelf, LLC, Structure Removal, SEA ES/SR 07–086 ...... Main Pass, Block 296, Lease OCS–G 01673, located 23 miles 7/24/2008 from the nearest Louisiana shoreline. Stone Energy Corporation, Structure Removal, SEA ES/SR 08– South Marsh Island, Block 275, Lease OCS–G 05477, located 7/24/2008 120, 08–121, 08–122, 08–123. 29 to 32 miles from the nearest Louisiana shoreline. Energy Partners, LTD, Structure Removal, SEA ES/SR 08–138 East Cameron, Block 263, Lease OCS–G 15147, located 88 7/28/2008 miles from the nearest Louisiana shoreline.

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Activity/operator Location Date

Mariner Energy, Inc., Structure Removal, SEA ES/SR 08–131 .. Matagorda Island, Block A–4, Lease OCS–G 06059, located 7/28/2008 35 miles from the nearest Texas shoreline. Energy Partners, LTD, Structure Removal, SEA ES/SR 08–137 East Cameron, Block 44, Lease OCS–G 19730, located 15 7/29/2008 miles from the nearest Louisiana shoreline. Beryl Oil and Gas LP, Structure Removal, SEA ES/SR 08–098 West Delta, Block 57, Lease OCS–G 10878, located 3 miles 7/30/2008 from the nearest Louisiana shoreline. Chevron U.S.A., Inc., Structure Removal, SEA ES/SR 08–135, South Timbalier, Block 51, Lease OCS–G 01240, located 11 8/15/2008 08–136. miles from the nearest Louisiana shoreline. El Paso E&P Company, L.P., Initial Exploration Plan, SEA N– High Island, Block A–373, Lease OCS–G 25606, located 120 8/18/2008 9209. miles from the nearest Texas shoreline. GOM Shelf LLC, Structure Removal, SEA ES/SR 08–013 ...... South Pass, Block 45, Lease OCS–G 04479, located 7 miles 8/19/2008 from the nearest Louisiana shoreline. Mariner Energy, Inc., Structure Removal, SEA ES/SR 08–141 .. Brazos, Block A104, Lease OCS–G 11297, located 35 miles 8/22/2008 from the nearest Texas shoreline. Apache Corporation, Structure Removal, SEA ES/SR 07–068B Main Pass, Block 151, Lease OCS–G 02951, located 10 miles 8/22/2008 from the nearest Louisiana shoreline. Merit Energy Company, Structure Removal, SEA ES/SR 08– Matagorda Island, Block 672, Lease OCS–G 10198, located 8/22/2008 110. 25 miles from the nearest Texas shoreline. Beryl Oil & Gas LP, Structure Removal, SEA ES/SR 08–128 .... Chandeleur, Block 38, Lease OCS–G 07836, located 33 miles 8/27/2008 from the nearest Louisiana shoreline. Stone Energy Corporation, Structure Removal, SEA ES/SR 08– South Marsh Island, Block 275, Lease OCS–G 05477, located 8/27/2008 133. 29 miles from the nearest Louisiana shoreline. Walter Oil & Gas Corporation, Structure Removal, SEA ES/SR Breton Sound, Block 54, Lease OCS–G 21706, located 10 8/28/2008 08–144. miles from the nearest Louisiana shoreline. Merit Energy Company, Structure Removal, SEA ES/SR 08– Matagorda Island, Block 682, Lease OCS–G 05171, located 9/11/2008 114. 20 miles from the nearest Texas shoreline. Chevron U.S.A., Inc., Structure Removal, SEA ES/SR 07–039B Eugene Island, Block 231, Lease OCS–G 00980, located 39 9/19/2008 miles from the nearest Louisiana shoreline. Prime Offshore, LLC, Structure Removal, SEA ES/SR 08–145 North Padre Island, Block 998, Lease OCS–G 23123, located 9/19/2008 20 miles from the nearest Texas shoreline. Eni U.S. Operating Company, Inc., Structure Removal, SEA Ship Shoal (South Addition), Block 246, Lease OCS–G 01027, 9/19/2008 ES/SR 08–148. located 55 miles from the nearest Louisiana shoreline. Walter Oil & Gas Corporation, Structure Removal, SEA ES/SR Vermilion, Block 28, Lease OCS–G 21588, located 4.8 miles 9/19/2008 08–143. from the nearest Louisiana shoreline. CGG Veritas, Geological & Geophysical Prospecting for Mineral Located in the central Gulf of Mexico south of Fourchon, Lou- 9/22/2008 Resources, SEA L08–71. isiana. Hunt Petroleum (AEC), Inc., Structure Removal, SEA ES/SR Main Pass, Block 101, Lease OCS–G 22792, located 20 miles 9/26/2008 08–149. from the nearest Louisiana shoreline. Union Oil Company of California, Structure Removal, SEA ES/ Ship Shoal, Block 209, Lease OCS–G 00827, located 34 miles 9/26/2008 SR 08–107. from the nearest Louisiana Shoreline.

Persons interested in reviewing the availability of a draft Elk deliver comments to the Park environmental documents for the Management Plan (Plan) and headquarters. proposals listed above or obtaining Environmental Impact Statement (EIS) ADDRESSES: Copies of the draft EIS are information about SEAs and FONSIs for Theodore Roosevelt National Park, available from the Superintendent, prepared by the Gulf of Mexico OCS North Dakota (Park). Theodore Roosevelt National Park, Box Region are encouraged to contact MMS DATES: The draft EIS will remain 7, Medora, North Dakota 58645–0007. at the address or telephone listed in the available for public review for 90 days FOR FURTHER INFORMATION section. following the publishing of the notice of SUPPLEMENTARY INFORMATION: The Dated: October 10, 2008. availability in the Federal Register by purpose of this EIS is to develop and implement an elk management strategy Lars Herbst, the U.S. Environmental Protection Agency. Public meetings will be held compatible with the long-term Regional Director, Gulf of Mexico OCS Region. during the 90-day review period, but the protection and preservation of park [FR Doc. E8–29535 Filed 12–12–08; 8:45 am] specific dates and locations will be resources. This EIS is needed to address BILLING CODE 4310–MR–P announced in local and regional media the rapid increase of the Park elk sources of record and on the Park’s Web population from the 47 reintroduced to site. the South Unit of the Park in 1985, to DEPARTMENT OF THE INTERIOR You may submit your comments by the approximately 900 that occur there National Park Service any one of several methods. You may today. Larger populations of elk could, comment via the Internet through the over the long-term, negatively affect Notice of Availability for the Draft Elk NPS Planning, Environment, and Public plant communities and other resources Management Plan and Environmental Comment Web site (http:// as a result of overgrazing. Large elk Impact Statement for Theodore parkplanning.nps.gov/thro) and simply populations could also negatively affect Roosevelt National Park, ND click on the link to the Plan. You may other herbivores present in the South mail comments to Superintendent Unit by competing for forage. Other SUMMARY: Pursuant to Section 102(2)(C) Valerie Naylor at the address provided considerations include land use and of the National Environmental Policy below. You may send comments to the users outside the Park, including Act of 1969 (42 U.S.C. 4332(2)(C)), the Superintendent by facsimile at 701– livestock grazing, hunting, and National Park Service (NPS) announces 623–4840. Finally, you may hand- agriculture; visitors to the Park; and the

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ability of the Park to effectively manage While you can ask us in your important cultural and natural resources. comments to withhold your personal resources; articulation of resource The alternatives under consideration identifying information from public stewardship and visitor management include a required ‘‘no-action’’ review, we cannot guarantee that we prescriptions for the recently acquired alternative plus five action alternatives. will be able to do so. Moccasin Bend National Archeological An alternative that addresses herd Dated: December 4, 2008. District; determination of a range of maintenance only is included as one of Ernest Quintana, appropriate and compatible visitor activities in the park; and, identification the action alternatives. These Regional Director, Midwest Region. alternatives were developed by an of opportunities for collaboration and [FR Doc. E8–29593 Filed 12–12–08; 8:45 am] interdisciplinary planning team and partnership with community leaders through feedback from the public, other BILLING CODE 4310–70–P and other entities to ensure park values Agencies, and the scientific community are understood and considered in local decision making (e.g., viewshed during the planning process. DEPARTMENT OF THE INTERIOR • Under alternative A (no action), protection and adjacent land-use). existing management practices would be National Park Service DATES: Any comments on the scope of followed and no new management issues to be addressed in the GMP actions would be implemented beyond Notice of Intent To Prepare an should be submitted no later than 30 those available when the elk Environmental Impact Statement (EIS) days after public meetings. Public management planning process started. for the General Management Plan scoping meetings regarding the GMP This would be limited to vegetation (GMP) for Chickamauga and will be held to allow an opportunity for monitoring in elk use areas of the South Chattanooga National Military Park in stakeholders and other members of the Unit, as well as monitoring of the elk Tennessee and Georgia public to bring issues and other population. concerns to the attention of the NPS SUMMARY: Pursuant to 42 U.S.C. • planning team. Government-to- Under alternative B, direct 4332(2)(C) of the National government meetings with tribal reduction with firearms would be used Environmental Policy Act of 1969 and representatives will also be held. to reduce and maintain elk numbers Director’s Order Number 12 Specific dates, times, and locations will consistent with the protection of the (Conservation Planning, Environmental be made available in the local media, on lightly-grazed system in the South Unit. Impact Analysis, and Decision-Making) • the NPS Planning, Environment and Under alternative C, the elk herd the NPS is preparing an EIS for a GMP Public Comment (PEPC) Web site would be reduced and maintained using for Chickamauga and Chattanooga (http://parkplanning.nps.gov/chch), or roundups and euthanasia at either National Military Park, located in by contacting the Superintendent of offsite locations or the Park’s handling Tennessee and Georgia. Chickamauga and Chattanooga National facility. The GMP will prescribe the desired • Military Park. Under alternative D, the NPS would resource conditions and visitor seek to reduce and maintain the elk experience opportunities that are to be ADDRESSES: Information on the planning population using translocation achieved and maintained in the park process and copies of newsletters will (roundup and relocation of animals to over approximately the next 15 to 20 be available from the office of the willing recipients outside the Park). years. The park’s purpose, significance, Superintendent, Chickamauga and • Under alternative E, the NPS would special mandates, and relevant laws and Chattanooga National Military Park, look to increase hunting opportunities policies directing park management will P.O. Box 2128, Fort Oglethorpe, GA outside the park, coordinated with State be reviewed and assessed to establish 30742. actions to reduce and maintain the elk the foundation for the GMP. The GMP SUPPLEMENTARY INFORMATION: Public and population in the Park. will build upon these foundation agency involvement will be solicited at • Under alternative F (maintenance elements to determine the appropriate several key steps in the planning only), the elk herd would initially be type, level and location for resource process including initial scoping, reduced using one of the other action management activities, visitor use, and alternatives development, and the draft alternatives, and then maintained by potential development. In consultation plan. If you wish to comment on any treating female elk with chemical with the park’s stakeholders (i.e., issues associated with the GMP, you fertility control agents to maintain the government agencies, affiliated tribal may submit your concerns to the target elk population size. At this time, representatives, partnership planning team by any of several there are no fertility control agents that organizations, and other concerned methods. You may mail comments to meet NPS criteria for use. However, members of the public), issues bearing Chickamauga and Chattanooga National ongoing research in other NPS units has on the long-term management of the Military Park, P.O. Box 2128, Fort indicated that use of such an agent at park will be factored into the Oglethorpe, Georgia 30742. You may Theodore Roosevelt National Park could development of a reasonable range of comment electronically at http:// be feasible during the life of this plan. management alternatives. The resource parkplanning.nps.gov/chch. You may FOR FURTHER INFORMATION CONTACT: impacts and other anticipated also hand-deliver comments to park Contact Superintendent Naylor at the consequences of implementing the headquarters located at 3370 LaFayette address above or by telephone at 701– planning alternatives will be assessed in Road, Fort Oglethorpe, Georgia. Before 623–4466. the EIS. including your address, phone number, Before including your address, From initial discussions among NPS e-mail address, or other personal telephone number, electronic mail planners, park staff and partners, issues identifying information in your address, or other personal identifying that are anticipated to be addressed by comment, be advised that your entire information in your comments, you the GMP will include (but are not comment—including your personal should be aware that your entire limited to) the following: Long-term identifying information—may be made comment (including your personal management of the battlefield landscape publicly available at any time. While identifying information) may be made to achieve objectives for restoring you can ask us in your comment to publicly available at any time. historic viewsheds and protecting withhold from public review your

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personal identifying information, we SUPPLEMENTARY INFORMATION: The NPS Plan, Catoctin Mountain Park, cannot guarantee that we will be able to prepared a draft GMP/WS/EIS for the Maryland. do so. Lakeshore, pursuant to Section 102(2)(C) of the National Environmental SUMMARY: Pursuant to the National FOR FURTHER INFORMATION CONTACT: Policy Act of 1969, combining the plan, Environmental Policy Act of 1969, 42 Superintendent Shawn Benge, wilderness study, and an environmental U.S.C. 4332(2)(C), the National Park Chickamauga and Chattanooga National analysis of both. The GMP provides a Service (NPS) announces the Military Park, P.O. Box 2128, Fort framework for making decisions about availability of the Final Environmental Oglethorpe, GA 30742; phone: (423) and managing the national lakeshore’s Impact Statement for the White-tailed 752–5213. The responsible official for resources and visitor use for the next Deer Management Plan (FEIS) for this EIS is the Regional Director, 15–20 years. The WS produces a Catoctin Mountain Park in Thurmont, Southeast Region, National Park wilderness proposal that will be Maryland. The plan will support forest Service, 100 Alabama Street, SW., 1924 submitted to the NPS Director for regeneration and provide for long-term Building, Atlanta, Georgia 30303. approval and subsequently considered protection, conservation, and restoration Authority: The authority for publishing by the Department of the Interior, of native species and cultural this notice is contained in 40 CFR 1506.6. President, and Congress. landscapes at Catoctin Mountain Park. Dated: November 3, 2008. The draft was made available for The document describes four David Vela, public review for 69 days, from April 7, management alternatives which include Regional Director, Southeast Region, National 2008 to June 15, 2008. During that time, a no action alternative (continue Park Service. the NPS distributed over 700 copies of existing management) and three action [FR Doc. E8–29520 Filed 12–12–08; 8:45 am] the draft. Sixteen presentations on the alternatives, one of which was identified as the preferred alternative. BILLING CODE 4310–70–P contents of the draft were made upon request to various groups during the DATES: The Draft Environmental Impact comment period, with a total of 363 Statement for the White-tailed Deer DEPARTMENT OF THE INTERIOR persons in attendance. The draft was Management Plan was on public review also made available at the park offices, from December 1, 2006, through National Park Service on the Internet, and at area libraries. February 2, 2007. Responses to public comments received during that review Notice of Availability of Final General Public hearings were held on June 3, 4, are addressed in the FEIS. A 30-day no- Management Plan/Wilderness Study/ and 5, 2008, attended by a total of 196 action period will follow the Environmental Impact Statement for persons. Comments were received from Environmental Protection Agency’s Sleeping Bear Dunes National 292 persons on the document during the Notice of Availability of the FEIS. After Lakeshore, MI public review period. Comments from individuals, groups, and public agencies the 30-day no-action period, a Record of AGENCY: National Park Service, Interior. on the alternatives, the preferred Decision will be signed that will alternative, and the environmentally document NPS approval of the FEIS and ACTION: Notice of Availability of Final identify the selected alternative for General Management Plan/Wilderness preferred alternative were considered. implementation. Study/Environmental Impact Statement The preferred alternative will provide for Sleeping Bear Dunes National for the preservation of natural resources, ADDRESSES: The FEIS will be available Lakeshore, MI. while offering opportunities for visitor for public review online at the National enjoyment of natural, cultural, and Park Service Planning, Environment and SUMMARY: Pursuant to Section 102(2)(C) recreational resources in a scenic Public Comment (PEPC) Web site at of the National Environmental Policy outdoor setting. http://parkplanning.nps.gov/cato by Act of 1969, 42 U.S.C. 4332(2)(C), the FOR FURTHER INFORMATION CONTACT: selecting ‘‘Deer Management Plan for National Park Service (NPS) announces Contact Superintendent Shultz, Catoctin Mountain Park.’’ Bound copies the availability of the Final General Sleeping Bear Dunes National of the FEIS will also be available at the Management Plan/Wilderness Study/ Lakeshore, at the address or telephone Catoctin Mountain Park Visitor Center Environmental Impact Statement (GMP/ number above. which is located at the intersection of WS/EIS) for Sleeping Bear Dunes Maryland Route 77 and Park Central Dated: September 26, 2008. National Lakeshore (Lakeshore), Road, and at Catoctin Mountain Park Michigan. Ernest Quintana, Headquarters which is located Director, Midwest Region. DATES: The final GMP/WS/EIS will approximately two miles west of [FR Doc. E8–29514 Filed 12–12–08; 8:45 am] remain available for public review for Thurmont on Maryland Route 77. 30 days following the publishing of the BILLING CODE 4310–HH–P Copies will also be available at the C. notice of availability in the Federal Burr Artz Public Library, 110 East Patrick Street, Frederick, Maryland Register by the U.S. Environmental DEPARTMENT OF THE INTERIOR Protection Agency. 21701; the Thurmont Regional Library, 76 East Moser Road, Thurmont, ADDRESSES: Requests for copies of the National Park Service Maryland 21788; the Washington Final GMP/WS/EIS should be sent to County Free Library, 100 South Potomac the Superintendent, Sleeping Bear Final Environmental Impact Statement Street, Hagerstown, Maryland 21740; Dunes National Lakeshore, 9922 Front for the White-tailed Deer Management and the Smithsburg Library, 66 West Street, Empire, Michigan 49630–9797. Plan, Catoctin Mountain Park, MD Water Street, Smithsburg, Maryland You may also view the document via AGENCY: 21783. the Internet through the NPS Planning, Department of the Interior, National Park Service. Environment, and Public Comment Web FOR FURTHER INFORMATION CONTACT: site (http://parkplanning.nps.gov); ACTION: Notice of Availability of the Becky Loncosky, Park Biologist, at simply click on the link to the Final Environmental Impact Statement Catoctin Mountain Park, 6602 Foxville Lakeshore. for the White-tailed Deer Management Road, Thurmont, Maryland 21788, by

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telephone at (301) 416–0536, or by e- DEPARTMENT OF THE INTERIOR OSM will request a 3-year term of mail at [email protected]. approval for this information collection Office of Surface Mining Reclamation activity. SUPPLEMENTARY INFORMATION: The FEIS and Enforcement evaluates four alternatives for managing Before including your address, phone white-tailed deer in the park. The Notice of Proposed Information number, e-mail address, or other document describes and analyzes the Collection for 1029–0035 and 1029– personal identifying information in your environmental impacts of the no-action 0038 comment, you should be aware that alternative and three action alternatives. your entire comment, including your AGENCY: Office of Surface Mining personal identifying information, may When approved, the plan will guide Reclamation and Enforcement. deer management actions in Catoctin be made publicly available at any time. ACTION: Notice and request for Mountain Park over the next 15 years. While you can ask us in your comment comments. to withhold your personal identifying Alternative A (no action) would SUMMARY: In compliance with the information from public review, we continue the existing deer management cannot guarantee that we will be able to plan of limited fencing, use of repellents Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation do so. in landscaped areas, monitoring, data and Enforcement (OSM) is announcing Comments are invited on: (1) The management, and research; no new deer its intention to seek continued approval need for the collection of information management actions would be for two collections of information which for the performance of the functions of implemented. Alternative B would we are consolidating into one collection the agency; (2) the accuracy of the combine several non-lethal actions activity: 30 CFR Parts 779 and 783— agency’s burden estimates; (3) ways to including large-scale exclosures Surface and Underground Mining enhance the quality, utility and clarity (fencing), additional use of repellents in Permit Applications—Minimum of the information collection; and (4) limited areas, and reproductive control Requirements for Information on ways to minimize the information of does to gradually reduce deer Environmental Resources. collection burden on respondents, such population in the park. Under DATES: Comments on the proposed as use of automated means of collection Alternative C qualified federal information collection must be received of the information. A summary of the employees or contractors would directly by February 13, 2009, to be assured of public comments will accompany reduce the deer population in the park consideration. OSM’s submission of the information through sharpshooting. Capture and ADDRESSES: Comments may be mailed to collection request to OMB. euthanasia of individual deer would be John A. Trelease, Office of Surface This notice provides the public with used in circumstances where Mining Reclamation and Enforcement, 60 days in which to comment on the sharpshooting would not be 1951 Constitution Ave., NW., Room following information collection appropriate. Alternative C is the NPS 202–SIB, Washington, DC 20240. activity: preferred alternative. Alternative D Comments may also be submitted would combine actions of Alternatives electronically to [email protected]. Title: 30 CFR Parts 779 and 783— B and C which would include FOR FURTHER INFORMATION CONTACT: To Surface and Underground Mining sharpshooting, capture and euthanasia, receive a copy of the information Permit Applications—Minimum and reproductive control of does to collection request, contact John Requirements for Information on maintain population levels. The Trelease, at (202) 208–2783 or by e-mail Environmental Resources. preferred alternative would fully meet at the location listed above. OMB Control Number: 1029–0035. the plan objectives and has more SUPPLEMENTARY INFORMATION: The Office Summary: Applicants for surface and certainty of success than the other of Management and Budget (OMB) underground coal mining permits are alternatives analyzed. The relatively regulations at 5 CFR 1320, which required to provide adequate rapid reduction in deer density and implement provisions of the Paperwork descriptions of the environmental browsing pressure on native plant Reduction Act of 1995 (Pub. L. 104–13), resources that may be affected by communities and species of special require that interested members of the proposed underground coal mining concern would provide beneficial public and affected agencies have an activities. opportunity to comment on information impacts to the natural and cultural Bureau Form Number: None. resources of the park. collection and recordkeeping activities [see 5 CFR 1320.8(d)]. This notice Frequency of Collection: Once, at time Dated: August 13, 2008. identifies an information collection of application submission. Lisa A. Mendelson-Ielmini, activity that OSM will be submitting to Description of Respondents: 314 Acting Regional Director, National Capital OMB for extension. This collection is Surface and underground coal mining Region. contained in 30 CFR Parts 779 and applicants and 24 State regulatory 783—Surface and Underground Mining authorities. Editorial Note: This document was Permit Applications Minimum Total Annual Responses: 314 Coal received in the Office of the Federal Register Requirements for Information on on December 9, 2008. Environmental Resources. OSM is mining applicants and 309 State [FR Doc. E8–29513 Filed 12–12–08; 8:45 am] combining the two collections and will responses. BILLING CODE 4312–59–P request that the collections be Total Annual Burden Hours: 52,101 consolidated under OMB control hours. number 1029–0035, eliminating 1029– Dated: December 4, 2008. 0038. OSM has revised burden estimates, John R. Craynon, where appropriate, to reflect current Chief, Division of Regulatory Support. reporting levels or adjustments based on [FR Doc. E8–29481 Filed 12–12–08; 8:45 am] reestimates of burden or respondents. BILLING CODE 4310–05–P

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR employment on or after July 18, 2007, through September 12, 2010, are eligible to Employment and Training Employment and Training apply for adjustment assistance under Administration Administration Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade [TA–W–63,730; TA–W–63,730A] adjustment assistance under Section 246 of [TA–W–63,805] the Trade Act of 1974. Chesapeake Hardwood Products, Inc., International Paper Company, Chesapeake, VA, Including an Signed at Washington, DC this 4th day of Pensacola Mill, Cantonment, FL; Employee in Support of Chesapeake December 2008. Notice of Affirmative Determination Hardwood Products, Inc., Chesapeake, Richard Church, Regarding Application for VA, Located in San Antonio, TX; Certifying Officer, Division of Trade Reconsideration Amended Certification Regarding Adjustment Assistance. Eligibility To Apply for Worker [FR Doc. E8–29611 Filed 12–12–08; 8:45 am] By applications dated October 29, Adjustment Assistance and Alternative BILLING CODE 4510–FN–P 2008, a company official requested Trade Adjustment Assistance administrative reconsideration of the In accordance with Section 223 of the DEPARTMENT OF LABOR Department of Labor’s Notice of Trade Act of 1974 (19 U.S.C. 2273), and Negative Determination Regarding Section 246 of the Trade Act of 1974 (26 Employment and Training Eligibility to Apply for Worker U.S.C. 2813), as amended, the Administration Adjustment Assistance, applicable to Department of Labor issued a [TA–W–63,344] workers and former workers of the Certification Regarding Eligibility To subject firm. The denial notice was Apply for Worker Adjustment General Motors Corporation, Moraine signed on September 26, 2008 and Assistance and Alternative Trade Assembly Plant, Vehicle Manufacturing published in the Federal Register on Adjustment Assistance on September Division, Including On-Site Leased October 8, 2008 (73 FR 58982). 12, 2008, applicable to workers of Workers from Allied Systems, LTD, The initial investigation resulted in a Chesapeake Hardwood Products, Inc., Moraine, Ohio; Amended Certification negative determination based on the Chesapeake, Virginia. The notice was Regarding Eligibility to Apply for finding that criteria I.A and II.A have published in the Federal Register on Worker Adjustment Assistance and not been met. The investigation revealed May 15, 2008 (72 FR 28169–28170). The Alternative Trade Adjustment that the subject firm did not separate or notice was published in the Federal Assistance Register on September 24, 2008 (73 FR threaten to separate a significant 55136). In accordance with Section 223 of the number or proportion of workers as At the request of the State agency, the Trade Act of 1974 (19 U.S.C. 2273), and required by Section 222 of the Trade Act Department reviewed the certification Section 246 of the Trade Act of 1974 (26 of 1974. for workers of the subject firm. The U.S.C. 2813), as amended, the In the request for reconsideration, the workers are engaged in the production Department of Labor issued a petitioner provided additional of hardwood panels used in cabinetry Certification of Eligibility to Apply for information regarding employment and and furniture. Worker Adjustment Assistance and layoffs at the subject firm. New information shows that a worker Alternative Trade Adjustment Assistance on June 5, 2008, applicable The Department has carefully separation has occurred involving an employee (Mr. Wayne Noll) located in to workers of General Motors reviewed the request for reconsideration San Antonio, Texas, in support of and Corporation, Moraine Assembly Plant, and the existing record and has under the control of Chesapeake Vehicle Manufacturing Division, determined that the Department will Hardwood Products, Inc., Chesapeake, Moraine, Ohio. The notice was conduct further investigation. Virginia. published in the Federal Register on Conclusion Based on these findings, the June 20, 2008 (73 FR 35164). Department is amending this At the request of the International After careful review of the certification to include an employee in Brotherhood of Teamsters, Local 957, application, I conclude that the claim is support of the Chesapeake, Virginia the Department reviewed the of sufficient weight to justify location of the subject firm located in certification for workers of the subject reconsideration of the Department of San Antonio, Texas. firm. The workers assemble Buick Labor’s prior decision. The application The intent of the Department’s Rainiers, Chevrolet TrailBlazers, GMC is, therefore, granted. certification is to include all workers Envoys, Isuzu Ascenders and Saab 9– employed at Chesapeake Hardwood 7Xs. Signed in Washington, DC this 3rd day of Products, Inc., Chesapeake, Virginia New information shows that workers December 2008. who were adversely-impacted by leased from Allied Systems, LTD were Elliott S. Kushner, increased imports of hardwood panels employed on-site at the Moraine, Ohio Certifying Officer, Division of Trade used in cabinetry and furniture. location of General Motors Corporation, Adjustment Assistance. The amended notice applicable to Moraine Assembly Plant, Vehicle [FR Doc. E8–29612 Filed 12–12–08; 8:45 am] TA–W–63,730 is hereby issued as Manufacturing Division. The BILLING CODE 4510–FN–P follows: Department has determined that these workers were sufficiently under the All workers of Chesapeake Hardwood Products, Inc., Chesapeake, Virginia (TA–W– control of the subject firm to be 63,730), including an employee in support of considered leased workers. Chesapeake Hardwood Products, Inc., Based on these findings, the Chesapeake, Virginia, located in San Department is amending this Antonio, Texas (TA–W–63,730A), who certification to include leased workers became totally or partially separated from from Allied Systems, LTD working on-

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site at the Moraine Assembly Plant, b/a Black Box Network Services were Alternative Trade Adjustment Vehicle Manufacturing Division, employed on-site at the Corvallis, Assistance on March 13, 2008, Moraine, Ohio location of the subject Oregon, location of Hewlett Packard, applicable to workers of Keeper firm. Inkjet and Web Solutions Division. The Corporation, including on-site leased The amended notice applicable to Department has determined that these workers of AAA Staffing, North TA–W–63,344 is hereby issued as workers were sufficiently under the Windham, Connecticut. The notice was follows: control of the subject firm to be published in the Federal Register on ‘‘All workers of General Motors considered leased workers. March 26, 2008 (73 FR 16064). Corporation, Moraine Assembly Plant, Based on these findings, the Vehicle Manufacturing Division, including Department is amending this At the request of the State agency, the on-site leased workers from Allied Systems, certification to include leased workers Department reviewed the certification LTD, Moraine, Ohio, who became totally or from Cable Consultants, Inc., d/b/a for workers of the subject firm. The partially separated from employment on or Black Box Network Services working workers are engaged in the production after June 17, 2008, through June 5, 2010, are on-site at the Inkjet and Web Solutions of cargo control products such as tie eligible to apply for adjustment assistance downs, towing straps and bungee cords. under Section 223 of the Trade Act of 1974, Division, Corvallis, Oregon, location of and are also eligible to apply for alternative the subject firm. New information shows that worker trade adjustment assistance under Section The amended notice applicable to separations have occurred involving 246 of the Trade Act of 1974.’’ TA–W–63,939 is hereby issued as employees in support of the North follows: Windham, Connecticut facility of Signed at Washington, DC, this 4th day of ‘‘All workers of Hewlett Packard, Inkjet December 2008. Keeper Corporation working out of and Web Solutions Division, including on- Lawrenceville, Georgia and Smyrna, Richard Church, site leased workers from CDI, Manpower, Tennessee. Ms. J. Ginger Paige and Mr. Certifying Officer, Division of Trade Securitas Security Services USA, Volt, and Dan Watson provided sales functions Adjustment Assistance. Cable Consultants, d/b/a Black Box Network supporting the production of cargo [FR Doc. E8–29610 Filed 12–12–08; 8:45 am] Services, Corvallis, Oregon, engaged in the control products such as tie downs, BILLING CODE 4510–FN–P production of inkjet supplies, who became totally or partially separated from towing straps and bungee cords at the employment on or after August 26, 2007, North Windham, Connecticut location DEPARTMENT OF LABOR through September 19, 2010, are eligible to of the subject firm. apply for adjustment assistance under Based on these findings, the Employment and Training Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade Department is amending this Administration adjustment assistance under Section 246 of certification to include employees of the [TA–W–63,939] the Trade Act of 1974.’’ North Windham, Connecticut facility of Keeper Corporation working out of Hewlett Packard, Inkjet And Web Signed at Washington, DC, this 4th day of December 2008. Lawrenceville, Georgia and Smyrna, Solutions Division, Including On-Site Tennessee. Leased Workers from Cable Elliott S. Kushner, Consultants, d/b/a Black Box Network Certifying Officer, Division of Trade The intent of the Department’s Services, Corvallis, Oregon; Amended Adjustment Assistance. certification is to include all workers of Certification Regarding Eligibility to [FR Doc. E8–29613 Filed 12–12–08; 8:45 am] Keeper Corporation, North Windham, Apply for Worker Adjustment BILLING CODE 4510–FN–P Connecticut who were adversely Assistance and Alternative Trade affected by a shift in production of cargo Adjustment Assistance control products such as tie downs, DEPARTMENT OF LABOR towing straps and bungee cords to In accordance with Section 223 of the China. Trade Act of 1974 (19 U.S.C. 2273), and Employment and Training Section 246 of the Trade Act of 1974 (26 Administration The amended notice applicable to TA–W–62,932 is hereby issued as U.S.C. 2813), as amended, the [TA–W–62,932] Department of Labor issued a follows: Certification of Eligibility to Apply for Keeper Corporation, Including On-Site All workers of Keeper Corporation, Worker Adjustment Assistance and Leased Workers of AAA Staffing, North including on-site leased workers of AAA Alternative Trade Adjustment Windham, CT; Including Employees in Staffing, North Windham, Connecticut (TA– Assistance on September 19, 2008, Support of Keeper Corporation, North W–62,932), all workers of Keeper applicable to workers of Hewlett Windham, CT Working in the Following Corporation, Manchester, Connecticut (TA– Packard, Inkjet and Web Solutions Locations: TA–W–62,932B, W–62,932A), including employees in support Division, including on-site leased Lawrenceville, GA; TA–W–62,932C, of Keeper Corporation, North Windham, workers from CDI, Manpower, Securitas Smyrna, TN; Amended Certification Connecticut working out of Lawrenceville, Security Services USA and Volt, Regarding Eligibility To Apply for Georgia (TA–W–62,932B) and Smyrna, Corvallis, Oregon. The notice was Worker Adjustment Assistance and Tennessee (TA–W–62,932C), who became published in the Federal Register on Alternative Trade Adjustment totally or partially separated from October 3, 2008 (73 FR 57682). Assistance employment on or after February 28, 2007, At the request of the petitioners, the through March 13, 2010, are eligible to apply Department reviewed the certification In accordance with Section 223 of the for adjustment assistance under Section 223 for workers of the subject firm. The Trade Act of 1974 (19 U.S.C. 2273), and of the Trade Act of 1974, and are also eligible workers are engaged in the production Section 246 of the Trade Act of 1974 (26 to apply for alternative trade adjustment of inkjet supplies, particularly in jet U.S.C. 2813), as amended, the assistance under Section 246 of the Trade Act printer cartridge heads. Department of Labor issued a of 1974. New information shows that workers Certification of Eligibility to Apply for leased from Cable Consultants, Inc., d/ Worker Adjustment Assistance and

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Signed at Washington, DC this 4th day of notice. Upon receipt of these petitions, Assistance, at the address shown below, December 2008. the Director of the Division of Trade not later than December 26, 2008. Elliott S. Kushner, Adjustment Assistance, Employment Interested persons are invited to Certifying Officer, Division of Trade and Training Administration, has submit written comments regarding the Adjustment Assistance. instituted investigations pursuant to subject matter of the investigations to [FR Doc. E8–29609 Filed 12–12–08; 8:45 am] Section 221(a) of the Act. the Director, Division of Trade BILLING CODE 4510–FN–P The purpose of each of the Adjustment Assistance, at the address investigations is to determine whether shown below, not later than December the workers are eligible to apply for 26, 2008. DEPARTMENT OF LABOR adjustment assistance under Title II, The petitions filed in this case are Chapter 2, of the Act. The investigations available for inspection at the Office of Employment and Training will further relate, as appropriate, to the the Director, Division of Trade Administration determination of the date on which total Adjustment Assistance, Employment and Training Administration, U.S. Investigations Regarding Certifications or partial separations began or Department of Labor, Room C–5311, 200 of Eligibility To Apply for Worker threatened to begin and the subdivision Constitution Avenue, NW., Washington, Adjustment Assistance and Alternative of the firm involved. DC 20210. Trade Adjustment Assistance The petitioners or any other persons showing a substantial interest in the Signed at Washington, DC, this 5th day of Petitions have been filed with the subject matter of the investigations may December 2008. Secretary of Labor under Section 221(a) request a public hearing, provided such Erin Fitzgerald, of the Trade Act of 1974 (‘‘the Act’’) and request is filed in writing with the Director, Division of Trade Adjustment are identified in the Appendix to this Director, Division of Trade Adjustment Assistance.

APPENDIX [TAA Petitions Instituted Between 11/17/08 and 11/21/08]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

64441 ...... Decea Classic Upholstery (Wkrs) ...... High Point, NC ...... 11/17/08 11/14/08 64442 ...... Ranal, Inc. (Wkrs) ...... Auburn Hills, MI ...... 11/17/08 11/13/08 64443 ...... Atlantic Durant Technology, Inc. (Wkrs) ...... Harlingen, TX ...... 11/17/08 11/14/08 64444 ...... International Paper (State) ...... Albany, OR ...... 11/17/08 10/17/08 64445 ...... Stella Starr (Wkrs) ...... South San Francisco, CA ...... 11/17/08 11/13/08 64446 ...... Doutt Tool (Wkrs) ...... Vanango, PA ...... 11/17/08 11/14/08 64447 ...... Vibracoustic North America (Comp) ...... Ligonier, IN ...... 11/17/08 11/13/08 64448 ...... Scott Curtis Construction Co., Inc. (Comp) ...... Granite Falls, NC ...... 11/17/08 11/12/08 64449 ...... Whirlpool Jackson Dishwashing Products (Comp) .... Jackson, TN ...... 11/17/08 11/14/08 64450 ...... Weather Shield Manufacturing, Inc (Wkrs) ...... Medford, WI ...... 11/17/08 11/14/08 64451 ...... Open Solutions (State) ...... San Leandro, CA ...... 11/17/08 10/30/08 64452 ...... Kensington Windows, Inc. (IUE) ...... Vandergrift, PA ...... 11/17/08 11/14/08 64453 ...... ThyssenKrupp Crankshaft Co (UAW) ...... Fostoria, OH ...... 11/17/08 11/05/08 64454 ...... Alcatel-Lucent (Comp) ...... Charlotte, NC ...... 11/18/08 11/17/08 64455 ...... Ideal (Comp) ...... St. Augustine, FL ...... 11/18/08 11/17/08 64456 ...... ILPea, Inc. (State) ...... Fort Smith, AR ...... 11/18/08 11/17/08 64457 ...... Xerox Corp. (UNITE) ...... Oklahoma City, OK ...... 11/18/08 11/17/08 64458 ...... Continental Structural Plastics (UAW) ...... North Baltimore, OH ...... 11/18/08 11/11/08 64459 ...... Entegris Corp. (State) ...... Chaska, MN ...... 11/18/08 11/17/08 64460 ...... Standard Thomson Corp (IUE) ...... Waltham, MA ...... 11/18/08 11/13/08 64461 ...... Chrysler Corp (UAW) ...... Newark, DE ...... 11/18/08 11/17/08 64462 ...... Foamex (Wkrs) ...... Corry, PA ...... 11/18/08 11/13/08 64463 ...... Alltrista Plastics, LLC (Comp) ...... Fort Smith, AR ...... 11/18/08 11/18/08 64464 ...... Times Fiber Communications (Comp) ...... Liberty, NC ...... 11/18/08 11/15/08 64465 ...... Eldorado Cap, Co. (Wkrs) ...... Eldorado, IL ...... 11/18/08 11/07/08 64466 ...... Mt. Pleasant Hosiery (Comp) ...... Mt. Pleasant, NC ...... 11/18/08 11/12/08 64467 ...... Piramal/Gujuarrt Glass (Wkrs) ...... Park Hills, MO ...... 11/19/08 11/17/08 64468 ...... MRV Communication (Comp) ...... Littleton, MA ...... 11/19/08 11/17/08 64469 ...... Avail Medical Products (Wkrs) ...... Bellefonte, PA ...... 11/19/08 11/07/08 64470 ...... TDS/Syncreon Automotive (Wkrs) ...... Chicago, IL ...... 11/19/08 11/10/08 64471 ...... Lorentson Manufacturing Co, Inc. (Wkrs) ...... Kokomo, IN ...... 11/19/08 11/12/08 64472 ...... Hyosung USA, Inc. (UFCW) ...... Decatur, AL ...... 11/19/08 11/18/08 64473 ...... Magnolia Garment Corporation (Wkrs) ...... Tylertown, MS ...... 11/19/08 11/11/08 64474 ...... Dale Medical Products, Inc. (Comp) ...... Plainville, MA ...... 11/19/08 11/14/08 64475 ...... Citation Corp (Comp) ...... Lufkin, TX ...... 11/19/08 11/10/08 64476 ...... Iowa Precision Industries (Wkrs) ...... Cedar Rapids, IA ...... 11/19/08 11/13/08 64477 ...... Engineered Machined Products (Union) ...... Escanaba, MI ...... 11/20/08 11/14/08 64478 ...... Broyhill Furniture Industries, Inc. (Comp) ...... Lenoir, NC ...... 11/20/08 11/18/08 64479 ...... Pardon, Inc. (Wkrs) ...... Gladstone, MI ...... 11/20/08 11/13/08 64480 ...... Block Corporation (Wkrs) ...... Tupelo, MS ...... 11/20/08 11/17/08 64481 ...... Covalence Specialty Materials, LLC (Comp) ...... Albertville, AL ...... 11/20/08 11/19/08 64482 ...... SPX–APV (Union) ...... Lake Mills, WI ...... 11/20/08 11/18/08 64483 ...... Fisher and Company, Inc. (Comp) ...... St. Clair Shores, MI ...... 11/20/08 11/19/08 64484 ...... The Lang Companies (Wkrs) ...... Delafield, WI ...... 11/20/08 11/19/08

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APPENDIX—Continued [TAA Petitions Instituted Between 11/17/08 and 11/21/08]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

64485 ...... Traeger Pellet Grills, LLC (Wkrs) ...... Wilsonville, OR ...... 11/20/08 11/17/08 64486 ...... Motor City Mold, Inc. (State) ...... Plymouth, MI ...... 11/20/08 11/03/08 64487 ...... Advanced Urethane Technologies (USW) ...... Dubuque, IA ...... 11/20/08 11/19/08 64488 ...... Invensys Appliance Controls (Wkrs) ...... Holland, MI ...... 11/20/08 11/17/08 64489 ...... Wyeth Pharmaceuticals (Comp) ...... Rouses Point, NY ...... 11/20/08 11/19/08 64490 ...... ITW Impro (Wkrs) ...... Peotone, IL ...... 11/20/08 11/18/08 64491 ...... Carbone Kirkwood, LLC (Comp) ...... Farmville, VA ...... 11/21/08 11/13/08 64492 ...... GTP Greenville, Inc. (Comp) ...... Greenville, SC ...... 11/21/08 11/04/08 64493 ...... Floturn, Inc. (Comp) ...... Fairfield, OH ...... 11/21/08 11/20/08 64494 ...... Indian Transmission Plant 1 (UAW) ...... Kokomo, IN ...... 11/21/08 11/14/08 64495 ...... Wilen Manufacturing Co. (UNITE) ...... Atlanta, GA ...... 11/21/08 11/18/08 64496 ...... Hatteres Yachts (Wkrs) ...... New Bern, NC ...... 11/21/08 11/20/08 64497 ...... United Airlines (Union) ...... Portland, OR ...... 11/21/08 11/18/08 64498 ...... Jones Plastic and Engineer Co., LLC (Comp) ...... Jeffersontown, KY ...... 11/21/08 11/20/08 64499 ...... Whirlpool Corporation (State) ...... Benton Harbor, MI ...... 11/21/08 11/03/08 64500 ...... Fortune Swimwear LLC (Wkrs) ...... New York, NY ...... 11/21/08 11/20/08 64501 ...... Masterbrand Cabinets (Union) ...... Richmond, IN ...... 11/21/08 10/26/08 64502 ...... Ashley Furniture (Wkrs) ...... Ecru, MS ...... 11/21/08 11/12/08 64503 ...... Corning Cable Systems (Wkrs) ...... Hickory, NC ...... 11/21/08 11/20/08 64504 ...... Canac Company (State) ...... Statesville, NC ...... 11/21/08 11/19/08 64505 ...... Saunders Bros (Wkrs) ...... Fryeburg, ME ...... 11/21/08 11/20/08 64506 ...... International Paper (Wkrs) ...... Valliant, OK ...... 11/21/08 11/14/08 64507 ...... Columbia Forest Products (Comp) ...... Klamath Falls, OR ...... 11/21/08 11/18/08 64508 ...... Liberty Miami Distribution Center (Wkrs) ...... Miami, FL ...... 11/21/08 10/31/08 64509 ...... Intertec Systems (Wkrs) ...... Bardstown, KY ...... 11/21/08 11/10/08 64510 ...... Ford Motor Company (Comp) ...... Chicago, IL ...... 11/21/08 11/20/08 64511 ...... Manna Tech Inc. (Wkrs) ...... Coppell, TX ...... 11/21/08 11/21/08

[FR Doc. E8–29607 Filed 12–12–08; 8:45 am] instituted investigations pursuant to subject matter of the investigations to BILLING CODE 4510–FN–P Section 221(a) of the Act. the Director, Division of Trade The purpose of each of the Adjustment Assistance, at the address investigations is to determine whether shown below, not later than December DEPARTMENT OF LABOR the workers are eligible to apply for 26, 2008. adjustment assistance under Title II, Employment and Training Chapter 2, of the Act. The investigations The petitions filed in this case are Administration will further relate, as appropriate, to the available for inspection at the Office of determination of the date on which total the Director, Division of Trade Investigations Regarding Certifications or partial separations began or Adjustment Assistance, Employment of Eligibility To Apply for Worker threatened to begin and the subdivision and Training Administration, U.S. Adjustment Assistance and Alternative of the firm involved. Department of Labor, Room C–5311, 200 Trade Adjustment Assistance The petitioners or any other persons Constitution Avenue, NW., Washington, showing a substantial interest in the DC 20210. Petitions have been filed with the subject matter of the investigations may Secretary of Labor under Section 221(a) Signed at Washington, DC, this 5th day of request a public hearing, provided such December 2008. of the Trade Act of 1974 (‘‘the Act’’) and request is filed in writing with the are identified in the Appendix to this Director, Division of Trade Adjustment Erin Fitzgerald, notice. Upon receipt of these petitions, Assistance, at the address shown below, Director, Division of Trade Adjustment the Director of the Division of Trade not later than December 26, 2008. Assistance. Adjustment Assistance, Employment Interested persons are invited to Appendix and Training Administration, has submit written comments regarding the

TAA PETITIONS INSTITUTED BETWEEN 11/24/08 AND 11/28/08

Date of Date of TA–W Subject firm (Petitioners) Location institution petition

64512 ...... United Airlines (IBT) ...... Elk Grove Village, IL ...... 11/24/08 11/16/08 64513 ...... Signa Group, Inc. (Comp) ...... Ludington, MI ...... 11/24/08 11/17/08 64514 ...... El Paso Chile Company (Comp) ...... El Paso, TX ...... 11/24/08 11/21/08 64515 ...... Perry Manufacturing (Comp) ...... El Dorado Springs, MO ...... 11/24/08 11/20/08 64516 ...... JDS Uniphase Corporation (Wkrs) ...... San Jose, CA ...... 11/24/08 11/13/08 64517 ...... DeRoyal Industries (Wkrs) ...... San Luis Obispo, CA ...... 11/24/08 11/13/08 64518 ...... Hendrickson USA, LLC (Comp) ...... Lugoff, SC ...... 11/24/08 11/19/08 64519 ...... Hitachi Metals Automotive Components USA, Lawrenceville, PA ...... 11/24/08 11/21/08 LLC (Comp). 64520 ...... Bowne of Cleveland (Wkrs) ...... Cleveland, OH ...... 11/24/08 11/21/08

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TAA PETITIONS INSTITUTED BETWEEN 11/24/08 AND 11/28/08—Continued

Date of Date of TA–W Subject firm (Petitioners) Location institution petition

64521 ...... Goodrich Aerostructures (IAMAW) ...... Chula Vista, CA ...... 11/24/08 11/06/08 64522 ...... American Axle and Manufacturing, Inc. Detroit, MI ...... 11/24/08 11/21/08 (State). 64523 ...... Kautex-Textron (Union) ...... Wilmington, OH ...... 11/24/08 11/21/08 64524 ...... United Airlines, Inc. (Union) ...... Sterling, VA ...... 11/24/08 11/19/08 64525 ...... Stamford Industrial Group (Wkrs) ...... Warren, OH ...... 11/24/08 11/13/08 64526 ...... North American Lighting (Corporate Office) Paris, IL ...... 11/24/08 11/21/08 (State). 64527 ...... LA-Z-BOY, Inc. of Arkansas (State) ...... Siloam Springs, AR ...... 11/25/08 11/24/08 64528 ...... Fuji Photo Film, Inc. (Wkrs) ...... Greenwood, SC ...... 11/25/08 11/24/08 64529 ...... Broyhill Plant #3 (Wkrs) ...... Lenoir, NC ...... 11/25/08 11/17/08 64530 ...... Fujimi Corporation (Comp) ...... Tualatin, OR ...... 11/25/08 11/24/08 64531 ...... Beacon Looms, Inc. (Wkrs) ...... Teaneck, NJ ...... 11/25/08 11/17/08 64532 ...... F.L. Smithe Machine Company (IAWAW) ...... Duncansville, PA ...... 11/25/08 11/15/08 64533 ...... Racine Stamping Corporation (Comp) ...... Racine, WI ...... 11/25/08 11/19/08 64534 ...... Siemens Energy and Automation, Inc. El Paso, TX ...... 11/25/08 11/19/08 (Comp). 64535 ...... Tricon Timber, LLC (Comp) ...... St. Regis, MT ...... 11/25/08 11/24/08 64536 ...... Industrial Paint and Strip, Inc. (Comp) ...... Woodsfield, OH ...... 11/25/08 11/18/08 64537 ...... Mitel (Wkrs) ...... Chandler, AZ ...... 11/25/08 11/24/08 64538 ...... Meadville Forging Company (Wkrs) ...... Meadville, PA ...... 11/25/08 11/24/08 64539 ...... Nu-Mode Manufacturing Co., Inc. (Comp) ...... Taylorsville, NC ...... 11/26/08 11/25/08 64540 ...... Hancock and Moore, Inc. (Wkrs) ...... Hickory, NC ...... 11/26/08 11/25/08 64541 ...... North Douglas Wood Products, Inc. (Comp) .. Drain, OR ...... 11/26/08 10/30/08 64542 ...... Mannatech, Inc. (Wkrs) ...... Coppell, TX ...... 11/26/08 11/21/08 64543 ...... E. R. Wagner Manufacturing Company Milwaukee, WI ...... 11/26/08 11/24/08 (Wkrs). 64544 ...... Source Provides, Inc. (comprehensive logis- Lansing, MI ...... 11/26/08 11/24/08 tic) (UAW). 64545 ...... Sanmina SCI (Wkrs) ...... Turtle Lake, WI ...... 11/26/08 11/18/08 64546 ...... Hightower Technology Capital, Inc. (Comp) ... San Diego, CA ...... 11/26/08 11/25/08 64547 ...... GKN Sinter Metals/St. Marys Plant (Wkrs) ..... Kersey, PA ...... 11/26/08 11/14/08 64548 ...... Stuart Flooring Corporation (Comp) ...... Stuart, VA ...... 11/26/08 11/21/08 64549 ...... Bosal Industries (Comp) ...... Lavonia, GA ...... 11/26/08 11/17/08 64550 ...... Chrysler Trenton Engine Plant (UAW) ...... Port Huron, MI ...... 11/28/08 11/26/08 64551 ...... United Airlines/O’Hare Maintenance (Wkrs) ... Chicago, IL ...... 11/28/08 11/25/08 64552 ...... Bos Automotive (Wkrs) ...... Morristown, TN ...... 11/28/08 11/17/08 64553 ...... Springs Creative Products Group (Comp) ...... Rock Hall, SC ...... 11/28/08 11/26/08 64554 ...... Winchester Electronics Corporation (State) ... Wallingford, CT ...... 11/28/08 11/26/08 64555 ...... Blair Mills, LLC (Comp) ...... Belton, SC ...... 11/28/08 11/11/08 64556 ...... Woodhead L.P. (Wkrs) ...... El Paso, TX ...... 11/28/08 11/26/08 64557 ...... Ontario Die Company of America (Comp) ...... Port Huron, MI ...... 11/28/08 11/24/08

[FR Doc. E8–29608 Filed 12–12–08; 8:45 am] workers and former workers of the separations at the subject facility and BILLING CODE 4510–FN–P subject firm. The denial notice was there was no shift of production to a signed on October 21, 2008 and foreign country. The subject firm did published in the Federal Register on not import beer during the relevant DEPARTMENT OF LABOR November 10, 2008 (73 FR 66677). period. The ‘‘contributed importantly’’ Pursuant to 29 CFR 90.18(c) test is generally demonstrated through a Employment and Training reconsideration may be granted under survey of the workers’ firm’s declining Administration the following circumstances: domestic customers. A survey [TA–W–64,023] (1) If it appears on the basis of facts conducted by the Department of Labor not previously considered that the revealed that a major customer did not CBC Latrobe Acquisition, LLC, a determination complained of was purchase imported beer in 2006, 2007 Subsidiary of City Brewery Company, erroneous; and during January through August LLC, Latrobe, PA; Notice of Negative (2) If it appears that the determination 2008. complained of was based on a mistake Determination Regarding Application The petitioner provided a citation for Reconsideration in the determination of facts not previously considered; or from the 2007 shareholder report that By application dated November 19, (3) If in the opinion of the Certifying ‘‘competitiveness with foreign product 2008, a petitioner requested Officer, a misinterpretation of facts or of on the shelves of distributors has administrative reconsideration of the the law justified reconsideration of the increased’’ and stated that the workers Department’s negative determination decision. of the subject firm should be eligible for regarding eligibility to apply for Trade The initial investigation resulted in a TAA because domestic production has Adjustment Assistance (TAA) and negative determination was based on been ‘‘disrupted’’ by foreign products. Alternative Trade Adjustment the finding that imports of beer did not The investigation revealed no imports Assistance (ATAA), applicable to contribute importantly to worker of beer during the relevant period and

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no shift of production to a foreign Register on November 10, 2008 (73 FR determines that 29 CFR 90.18(c) has not source. Upon further review of the 66677). been met. initial investigation, it was revealed that Pursuant to 29 CFR 90.18(c) Conclusion sales and production at the subject reconsideration may be granted under facility have increased in the relevant the following circumstances: After review of the application and period. The subject firm was (1) If it appears on the basis of facts investigative findings, I conclude that anticipating a temporary shutdown at not previously considered that the there has been no error or the end of 2008 due to problems with determination complained of was misinterpretation of the law or of the equipment. Therefore, the initial erroneous; facts which would justify determination document should have (2) If it appears that the determination reconsideration of the Department of also stated that criteria (a)(2)(A)(I.B) and complained of was based on a mistake Labor’s prior decision. Accordingly, the (a)(2)(B)(II.B) have not been met. Sales in the determination of facts not application is denied. and production of the subject firm previously considered; or Signed at Washington, DC this 4th day of increased and there was no shift in (3) If in the opinion of the Certifying December 2008. production to a foreign country in the Officer, a misinterpretation of facts or of Elliott S. Kushner, relevant period. the law justified reconsideration of the Certifying Officer, Division of Trade The petitioner did not supply facts decision. Adjustment Assistance. not previously considered; nor provide The TAA petition, which was filed on [FR Doc. E8–29616 Filed 12–12–08; 8:45 am] additional documentation indicating behalf of workers at Cencorp, LLC, BILLING CODE 4510–FN–P that there was either (1) a mistake in the Longmont, Colorado, was based on the determination of facts not previously finding that the worker group does not considered or (2) a misinterpretation of produce an article within the meaning DEPARTMENT OF LABOR facts or of the law justifying of Section 222 of the Trade Act of 1974. reconsideration of the initial In the request for reconsideration, the Employment and Training determination. petitioner stated that workers of the Administration After careful review of the request for subject firm were previously certified [TA–W–64,072] reconsideration, the Department eligible for Trade Adjustment determines that 29 CFR 90.18(c) has not Assistance. The petitioner further stated Bowling Green Metalforming, Bowling been met. that in order to reveal the import Green, KY; Notice of Termination of Conclusion impact, the Department should consider Investigation After review of the application and the time period and events which were Pursuant to Section 221 of the Trade investigative findings, I conclude that considered in the 2006 investigation. Act of 1974, as amended, an there has been no error or The petitioner appears to allege that investigation was initiated on misinterpretation of the law or of the because the subject firm was previously September 18, 2008 in response to a facts which would justify certified eligible for TAA, the workers of petition filed by a company official on reconsideration of the Department of the subject firm should be granted behalf of workers at Bowling Green Labor’s prior decision. Accordingly, the another TAA certification. Metalforming, Bowling Green, application is denied. When assessing eligibility for TAA, Kentucky. The workers at the subject the Department exclusively considers facility produce automotive stampings. Signed in Washington, DC this 5th day of production during the relevant time December 2008. The petitioner has requested that the period (from one year prior to the date Elliott S. Kushner, petition be withdrawn. Consequently, of the petition). Therefore, events the investigation has been terminated. Certifying Officer, Division of Trade occurring in 2006 are outside of the Adjustment Assistance. relevant period and are not relevant in Signed in Washington, DC, this 5th day of December 2008. [FR Doc. E8–29614 Filed 12–12–08; 8:45 am] this investigation. BILLING CODE 4510–FN–P The investigation revealed that Elliott S. Kushner, workers of the subject firm were Certifying Officer, Division of Trade Adjustment Assistance. engaged in field support services for the DEPARTMENT OF LABOR foreign production of depaneling [FR Doc. E8–29615 Filed 12–12–08; 8:45 am] BILLING CODE 4510–FN–P Employment and Training equipment during the relevant period. Administration Specifically, the workers assisted their parent company located abroad in DEPARTMENT OF LABOR [TA–W–64,133] procuring materials. These functions, as described above, are not considered to Cencorp, LLC, Longmont, CO; Notice Employment and Training be production of an article within the of Negative Determination Regarding Administration meaning of Section 222 of the Trade Application for Reconsideration Act. [TA–W–64,565] The petitioner did not supply facts By application dated November 17, Dakkota Integrated Systems, Chicago, not previously considered; nor provide 2008, a company official requested IL; Notice of Termination of additional documentation indicating administrative reconsideration of the Investigation Department’s negative determination that there was either (1) a mistake in the regarding eligibility for workers and determination of facts not previously Pursuant to Section 221 of the Trade former workers of the subject firm to considered or (2) a misinterpretation of Act of 1974, as amended, an apply for Trade Adjustment Assistance facts or of the law justifying investigation was initiated on December (TAA) and Alternative Trade reconsideration of the initial 2, 2008 in response to a petition filed by Adjustment Assistance (ATAA). The determination. the United Automobile, Aerospace, and denial notice was signed on October 23, After careful review of the request for Agricultural Implemental Workers 2008, and published in the Federal reconsideration, the Department America—UAW, Local 3212 on behalf

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of the workers at Dakkota Integrated Signed at Washington, DC this 5th day of 1775 Duke Street, Alexandria, Virginia Systems, Chicago, Illinois. December 2008. 22314–3428, Fax No. 703–837–2861, The petitioner has requested that the Elliott S. Kushner, E-mail: [email protected]. petition be withdrawn. Consequently, Certifying Officer, Division of Trade FOR FURTHER INFORMATION CONTACT: Adjustment Assistance. the investigation has been terminated. Requests for additional information or a [FR Doc. E8–29606 Filed 12–12–08; 8:45 am] copy of the information collection Signed at Washington, DC, this 4th day of BILLING CODE 4510–FN–P request should be directed to Tracy December 2008. Sumpter at the National Credit Union Elliott S. Kushner, Administration, 1775 Duke Street, Certifying Officer, Division of Trade DEPARTMENT OF LABOR Alexandria, VA 22314–3428, or at (703) Adjustment Assistance. 518–6444. Employment and Training [FR Doc. E8–29619 Filed 12–12–08; 8:45 am] SUPPLEMENTARY INFORMATION: Administration Proposal BILLING CODE 4510–FN–P for the following collection of [TA–W–64,513] information: OMB Number: 3133–0004. DEPARTMENT OF LABOR Signa Group, Inc. d/b/a Whitehall Form Number: NCUA 5300. Industries, Inc., Ludington, MI; Notice Type of Review: Revision to the Employment and Training of Termination of Investigation currently approved collection. Administration Title: Revisions to NCUA Call Pursuant to Section 221 of the Trade Reports. Act of 1974, as amended, an Description: The financial and [TA–W–64,459] investigation was initiated on November statistical information is essential to 24, 2008 in response to a petition filed Entegris, Inc., Chaska, MN; Notice of NCUA in carrying out its responsibility by a company official on behalf of the for the supervision of federally insured Termination of Investigation workers at Signa Group, Inc., d/b/a credit unions. The information also Whitehall Industries, Inc., Ludington, enables NCUA to monitor all federally Pursuant to Section 221 of the Trade Michigan. insured credit unions whose share Act of 1974, as amended, an The petitioner has requested that the accounts are insured by the National investigation was initiated on November petition be withdrawn. Consequently, Credit Union Share Insurance Fund 18, 2008 in response to a petition filed the investigation has been terminated. (NCUSIF). by a Minnesota State Workforce Office Respondents: All Credit Unions. on behalf of workers of Entegris, Inc., Signed at Washington, DC, this 4th day of December 2008. Estimated No. of Respondents/ Chaska, Minnesota. Richard Church, Recordkeepers: 8,049. Estimated Burden Hours per The petitioner has requested that the Certifying Officer, Division of Trade petition be withdrawn. Consequently, Adjustment Assistance. Response: 6.6 hours. the investigation has been terminated. Frequency of Response: Quarterly. [FR Doc. E8–29618 Filed 12–12–08; 8:45 am] Estimated Total Annual Burden Signed in Washington, DC, this 5th day of BILLING CODE 4510–FN–P Hours: 212,494. December 2008. Estimated Total Annual Cost: N/A. Elliott S. Kushner, By the National Credit Union Certifying Officer, Division of Trade NATIONAL CREDIT UNION Administration Board on December 9, 2008. Adjustment Assistance. ADMINISTRATION Mary Rupp, [FR Doc. E8–29617 Filed 12–12–08; 8:45 am] Secretary of the Board. Agency Information Collection BILLING CODE 4510–FN–P Activities: Submission to OMB for [FR Doc. E8–29655 Filed 12–12–08; 8:45 am] Revision to a Currently Approved BILLING CODE 7535–01–P Information Collection; Comment DEPARTMENT OF LABOR Request RAILROAD RETIREMENT BOARD Employment and Training AGENCY: National Credit Union Administration Administration (NCUA). Agency Forms Submitted for OMB ACTION: Request for comment. Review, Request for Comments [TA–W–64,588] SUMMARY: In accordance with the SUMMARY: The NCUA intends to submit Paperwork Reduction Act of 1995 (44 Genwove U.S. Ltd., Indian Trail, NC; the following information collection to U.S.C. Chapter 35), the Railroad Notice of Termination of Investigation the Office of Management and Budget Retirement Board (RRB) is forwarding (OMB) for review and clearance under two (2) Information Collection Requests Pursuant to Section 221 of the Trade the Paperwork Reduction Act of 1995 (ICR) to the Office of Information and Act of 1974, as amended, an (Pub. L. 104–13, 44 U.S.C. Chapter 35). Regulatory Affairs (OIRA), Office of This information collection is published investigation was initiated on December Management and Budget (OMB) to to obtain comments from the public. 3, 2008, in response to a petition filed request extensions without change of by a State Workforce Office on behalf of DATES: Comments will be accepted until currently approved collections of workers at Genwove U.S. Ltd., Indian January 14, 2009. information. Our ICR describes the Trail, North Carolina. ADDRESSES: Interested parties are information we seek to collect from the The petition has been withdrawn at invited to submit written comments to public. Review and approval by OIRA the request of the petitioner. NCUA Clearance Officer or OMB ensures that we impose appropriate Consequently, the investigation has Reviewer listed below: paperwork burdens. been terminated. Clearance Officer: Mr. Jeryl Fish, The RRB invites comments on the National Credit Union Administration, proposed collections of information to

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determine (1) the practical utility of the Sections 2(c) or 2(d) of the Railroad widow(er) annuity applicant and a collections; (2) the accuracy of the Retirement Act, an applicant must railroad employee, the RRB needs to estimated burden of the collections; (3) submit proof of a valid marriage to a obtain information to determine if a ways to enhance the quality, utility and railroad employee. In some cases, the valid marriage existed. The RRB utilizes clarity of the information that is the existence of a marital relationship is not Forms G–124, Statement of Marital subject of collection; and (4) ways to formalized by a civil or religious Relationship; G–124a, Statement minimize the burden of collections on ceremony. In other cases, questions may Regarding Marriage; G–237, Statement respondents, including the use of arise about the legal termination of a Regarding Marital Status; G–238, automated collection techniques or prior marriage of an employee, spouse, Statement of Residence; and G–238a, other forms of information technology. or widow(er). In these instances, the Statement Regarding Divorce or Comments to RRB or OIRA must contain RRB must secure additional information Annulment to secure the needed the OMB control number of the ICR. For to resolve questionable marital information. One response is requested proper consideration of your comments, relationships. The circumstances of each respondent. Completion is it is best if RRB and OIRA receive them requiring an applicant to submit required to obtain benefits. within 30 days of publication date documentary evidence of marriage are Estimate of Annual Respondent Burden 1. Evidence of Marital Relationship— prescribed in 20 CFR 219.30. Living with Requirements; OMB 3220– In the absence of documentary The estimated annual respondent 0021. To support an application for a evidence to support the existence of a burden for the information collection is spouse or widow(er)’s annuity under valid marriage between a spouse or as follows:

Annual Time Burden Form #(s) responses (min) (hrs)

G–124 (In person) ...... 125 15 31 G–124 (By mail) ...... 75 20 25 G–124a ...... 300 10 50 G–237 (In person) ...... 75 15 19 G–237 (By mail) ...... 75 20 25 G–238 (In person) ...... 150 3 8 G–238 (By mail) ...... 150 5 13 G–238a ...... 150 10 25

Total ...... 1,100 ...... 196

Previous Requests for Comments: The deceased employee, applicants must service had been covered by the Social RRB has already published the initial submit information to be used in Security Act. The Social Security 60-day notice (73 FR 48247 & 48248 on determining if they meet the marriage Overall Minimum Guarantee is August 18, 2008) required by 44 U.S.C. requirements for such benefits. The prescribed in 20 CFR 229. To administer 3506(c)(2). That request elicited no collection obtains information this provision, the Railroad Retirement comments. supporting claimed common-law Board (RRB) requires information about marriage, termination of previous a retired employee’s spouse and Information Collection Request (ICR) marriages and residency requirements. child(ren) who would not be eligible for Title: Evidence of Marital Changes Proposed: The RRB proposes benefits under the RRA but would be Relationship—Living with no changes to the forms in the eligible for benefits under the Social Requirements. collection. Security Act if the employee’s railroad OMB Control Number: OMB 3220– The burden estimate for the ICR is as service had been covered by that Act. 0021. follows: The RRB obtains the required Form(s) submitted: G–124, G–124a, Estimated annual number of information by the use of forms G–319 G–237, G–238, G–238a. respondents: 1,100. (Statement Regarding Family and Expiration date of current OMB Total annual responses: 1,100. Earnings for Special Guaranty clearance: 12/31/2008. Total annual reporting hours: 196. Computation) and G–320 (Statement by Type of request: Extension of a 2. Evidence for Application of Overall Employee Annuitant Regarding Student currently approved collection of Minimum: OMB 3220–0083. Age 18–19). One form is completed by information. Under Section 3(f)(3) of the Railroad each respondent. Affected public: Individuals or Retirement Act (RRA), the total monthly households. benefits payable to a railroad employee Estimate of Annual Respondent Burden Abstract: Under the RRA, to obtain a and his/her family are guaranteed to be The estimated annual respondent benefit as a spouse of an employee no less than the amount which would burden for the information collection is annuitant or as the widow(er) of the be payable if the employee’s railroad as follows:

Annual Time Burden Form #(s) responses (min) (hrs)

G–319 Employee completed: With assistance ...... 5 26 2 Without assistance ...... 100 55 92 G–319 Spouse completed: With assistance ...... 5 30 3 Without assistance ...... 100 60 100

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Annual Time Burden Form #(s) responses (min) (hrs)

G–320 (Age 18 at Special Guaranty begin date or Special Guaranty Age 18 Attainments) ..... 95 15 24 (Student monitoring done in Sept, March, and at end of school year) ...... 170 15 43

Total ...... 475 ...... 264

Previous Requests for Comments: The RAILROAD RETIREMENT BOARD for a spouse annuity. Completion is RRB has already published the initial required to obtain a benefit. One 60-day notice (73 FR 37515 & 37516 on Agency Forms Submitted for OMB response is requested of each July 1, 2008) required by 44 U.S.C. Review, Request for Comments respondent. The RRB proposes no 3506(c)(2). That request elicited no change to Form G–346. The RRB Summary: In accordance with the comments. estimates the completion time for Form Paperwork Reduction Act of 1995 (44 G–346 at five minutes per response. Information Collection Request (ICR) U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding Previous Requests for Comments: The Title: Evidence for Application for an Information Collection Request (ICR) RRB has already published the initial Overall Minimum. to the Office of Information and 60-day notice (73 FR 51535 and 51536 OMB Control Number: OMB 3220– Regulatory Affairs (OIRA), Office of on September 3, 2008) required by 44 0083. Management and Budget (OMB) to U.S.C. 3506(c)(2). That request elicited Form(s) submitted: G–319, G–320. request an extension without change of no comments. Expiration date of current OMB a currently approved collection of Information Collection Request (ICR) clearance: 12/31/2008. information: 3220–0140, Employee’s Title: Employee’s Certification. Type of request: Extension of a Certification. Our ICR describes the currently approved collection of information we seek to collect from the OMB Control Number: OMB 3220– information. public. Review and approval by OIRA 0140. Affected public: Individuals or ensures that we impose appropriate Form(s) submitted: G–346. households. paperwork burdens. Expiration date of current OMB Abstract: Under Section 3(f)(3) of the The RRB invites comments on the clearance: 12/31/2008. Railroad Retirement Act, the total proposed collection of information to Type of request: Extension of a monthly benefits payable to a railroad determine (1) the practical utility of the currently approved collection of employee and his family are guaranteed collection; (2) the accuracy of the information. to be no less than the amount which estimated burden of the collection; (3) Affected public: Individuals or would be payable if the employee’s ways to enhance the quality, utility and households. railroad service had been covered by the clarity of the information that is the Abstract: Under Section 2 of the Social Security Act. subject of collection; and (4) ways to Railroad Retirement Act, spouses of Changes Proposed: The RRB proposes minimize the burden of collections on retired railroad employees may be no changes to the forms in the respondents, including the use of entitled to an annuity. The collection collection. automated collection techniques or obtains information from the employee other forms of information technology. about the employee’s previous The burden estimate for the ICR is as Comments to RRB or OIRA must contain follows: marriages, if any, to determine if any the OMB control number of the ICR. For impediment exists to the marriage Estimated annual number of proper consideration of your comments, respondents: 475. between the employee and his or her it is best if RRB and OIRA receive them spouse. Total annual responses: 475. within 30 days of publication date. Changes Proposed: The RRB proposes Total annual reporting hours: 264. Section 2 of the Railroad Retirement no changes to Form G–346. Act (RRA) provides for the payment of Additional information or comments: The burden estimate for the ICR is as an annuity to the spouse or divorced Copies of the form and supporting follows: documents can be obtained from spouse of a retired railroad employee. Estimated annual number of Charles Mierzwa, the agency clearance For the spouse or divorced spouse to respondents: 6,900. officer at (312–751–3363) or qualify for an annuity, the RRB must [email protected]. determine if the employee’s current Total annual responses: 6,900. Comments regarding the information marriage to the applicant is valid. Total annual reporting hours: 5750. collection should be addressed to The requirements for obtaining Additional Information or Comments: Ronald J. Hodapp, Railroad Retirement documentary evidence to determine Copies of the form and supporting Board, 844 North Rush Street, Chicago, valid marital relationships are documents can be obtained from Illinois, 60611–2092 or prescribed in 20 CFR 219.30 through Charles Mierzwa, the agency clearance [email protected] and to the 219.35. Section 2(e) of the RRA requires officer at (312–751–3363) or OMB Desk Officer for the RRB, at the that an employee must relinquish all [email protected]. Office of Management and Budget, rights to any railroad employer service Comments regarding the information Room 10230, New Executive Office before a spouse annuity can be paid. collection should be addressed to Building, Washington, DC 20503. The RRB uses Form G–346 to obtain Ronald J. Hodapp, Railroad Retirement the information needed to determine Board, 844 North Rush Street, Chicago, Charles Mierzwa, whether the employee’s current Illinois 60611–2092 or Clearance Officer. marriage is valid. Form G–346 is [email protected] and to the [FR Doc. E8–29635 Filed 12–12–08; 8:45 am] completed by the retired employee who OMB Desk Officer for the RRB, at the BILLING CODE 7905–01–P is the husband or wife of the applicant Office of Management and Budget,

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Room 10230, New Executive Office proper consideration of your comments, 3506(c)(2). That request elicited no Building, Washington, DC 20503. it is best if RRB and OIRA receive them comments. within 30 days of publication date. Charles Mierzwa, Under Section 7(d) of the Railroad Information Collection Request (ICR) Clearance Officer. Retirement Act (RRA), the Railroad Title: Medicare. [FR Doc. E8–29639 Filed 12–12–08; 8:45 am] Retirement Board (RRB) administers the OMB Control Number: OMB 3220– BILLING CODE 7905–01–P Medicare program for persons covered 0082. by the railroad retirement system. The Form(s) submitted: AA–6, AA–7, AA– RRB uses Form AA–6, Employee 8, RL–311–F. RAILROAD RETIREMENT BOARD Application for Medicare; Form AA–7, Expiration date of current OMB Spouse/Divorced Spouse Application clearance: 12/31/2008. Agency Forms Submitted for OMB For Medicare; and Form AA–8, Widow/ Review, Request for Comments Type of request: Revision of a Widower Application for Medicare; to currently approved collection of obtain the information needed to SUMMARY: In accordance with the information. determine whether individuals who Paperwork Reduction Act of 1995 (44 Affected public: Individuals or have not yet filed for benefits under the U.S.C. Chapter 35), the Railroad households; Business-or-other for profit. RRA are qualified for Medicare Retirement Board (RRB) is forwarding Abstract: The Railroad Retirement payments provided under Title XVIII of an Information Collection Request (ICR) Board administers the Medicare the Social Security Act. to the Office of Information and Further, in order for the RRB to program for persons covered by the Regulatory Affairs (OIRA), Office of determine if a qualified railroad railroad retirement system. The forms in Management and Budget (OMB) to retirement beneficiary who is claiming the collection obtain information request an extension without change of supplementary medical insurance needed to enroll non-retired employees a currently approved collection of coverage under Medicare is entitled to and survivor applicants in the plan and information: 3220–0082, Medicare. Our a Special Enrollment Period (SEP) and/ also obtain information from railroad ICR describes the information we seek or premium surcharge relief because of employers needed to determine if a to collect from the public. Review and coverage under an Employer Group railroad retirement beneficiary is approval by OIRA ensures that we Health Plan (EGHP), it needs to obtain entitled to a special enrollment period impose appropriate paperwork burdens. information regarding the claimant’s when applying for supplemental The RRB invites comments on the EGHP coverage, if any. The RRB uses medical coverage under Medicare. proposed collection of information to Form RL–311–F, Evidence of Coverage Changes Proposed: The RRB proposes determine (1) the practical utility of the Under an Employer Group Health Plan, no changes to Forms AA–6, AA–7 and collection; (2) the accuracy of the to obtain the basic information needed AA–8. Form RL–311–F is being revised estimated burden of the collection; (3) by the RRB to establish EGHP coverage to add an item which asks if the ways to enhance the quality, utility and for a qualified railroad retirement employee is still working. This clarity of the information that is the beneficiary. Completion of the forms is information is being added to clarify the subject of collection; and (4) ways to required to obtain a benefit. One employment status of the employee and minimize the burden of collections on response is requested of each is need to determine the Special respondents, including the use of respondent. Enrollment Period. automated collection techniques or Previous Requests for Comments: The The burden estimate for the ICR is as other forms of information technology. RRB has already published the initial follows: Comments to RRB or OIRA must contain 60-day notice (73 FR 34965 and 34966 The estimated annual respondent the OMB control number of the ICR. For on June 19, 2008) required by 44 U.S.C. burden is as follows:

Annual Time Burden Form number responses (min) hours

AA–6 ...... 180 8 24 AA–7 ...... 50 8 7 AA–8 ...... 10 8 1 RL–311–F ...... 800 10 133

Total ...... 1,040 ...... 165

Additional Information or Comments: Room 10230, New Executive Office SECURITIES AND EXCHANGE Copies of the form and supporting Building, Washington, DC 20503. COMMISSION documents can be obtained from Charles Mierzwa, the agency clearance Charles Mierzwa, Submission for OMB Review; officer at (312–751–3363) or Clearance Officer. Comment Request [email protected]. [FR Doc. E8–29643 Filed 12–12–08; 8:45 am] BILLING CODE 7905–01–P Upon written request, copies available Comments regarding the information from: Securities and Exchange collection should be addressed to Ronald J. Hodapp, Railroad Retirement Commission, Office of Investor Board, 844 North Rush Street, Chicago, Education and Advocacy, Illinois 60611–2092 or Washington, DC 20549–0213. [email protected] and to the Extension: Rule 31a–1, SEC File No. 270– OMB Desk Officer for the RRB, at the 173, OMB Control No. 3235–0178. Office of Management and Budget,

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Notice is hereby given that pursuant created as a matter of normal business and Exchange Commission (the to the Paperwork Reduction Act of 1995 practice and to prepare financial ‘‘Commission’’) is soliciting comments (44 U.S.C. 3501–3520), the Securities statements. Thus, the Commission staff on the collection of information and Exchange Commission estimates that the total annual burden summarized below. The Commission (‘‘Commission’’) has submitted to the associated with rule 31a–1 is 3,234,700 plans to submit this existing collection Office of Management and Budget a hours. of information to the Office of request for extension of the previously The estimate of average burden hours Management and Budget for extension approved collection of information is made solely for the purposes of the and approval. discussed below. Paperwork Reduction Act, and is not Form ADV–E (17 CFR 279.8) is the Rule 31a–1 (17 CFR 270.31a–1) under derived from a comprehensive or even cover sheet for accountant examination the Investment Company Act of 1940 a representative survey or study. The certificates filed pursuant to rule (the ‘‘Act’’) (15 U.S.C. 80a) is entitled collection of information required by 206(4)–2 (17 CFR 275.206(4)–2) under ‘‘Records to be maintained by registered rule 31a–1 is mandatory. Responses will the Investment Advisers Act of 1940 (15 investment companies, certain majority- not be kept confidential. The records U.S.C. 80b–1 et seq.) by certain owned subsidiaries thereof, and other required by rule 31a–1 are required to investment advisers retaining custody of persons having transactions with be preserved pursuant to rule 31a–2 client securities or funds. Respondents registered investment companies.’’ Rule under the Investment Company Act (17 each spend approximately three 31a–1 requires registered investment CFR 270.31a–2). Rule 31a–2 requires minutes, annually, complying with the companies (‘‘funds’’), and every that certain of these records be requirements of the form. underwriter, broker, dealer, or preserved permanently, and that others The estimate of burden hours set forth investment adviser that is a majority- be preserved six years from the end of above is made solely for the purposes of owned subsidiary of a fund, to maintain the fiscal year in which any transaction the Paperwork Reduction Act and is not and keep current accounts, books, and occurred. In both cases, the records derived from a comprehensive or other documents which constitute the should be kept in an easily accessible representative survey or study of the record forming the basis for financial place for the first two years. An agency cost of Commission rules and forms. statements required to be filed pursuant may not conduct or sponsor, and a Written comments are invited on: (a) to section 31 of the Act (15 U.S.C. 80a– person is not required to respond to, a Whether the proposed collection of 30) and of the auditor’s certificates collection of information unless it information is necessary for the proper relating thereto. The rule lists specific displays a currently valid OMB control performance of the functions of the records to be maintained by funds. The number. agency, including whether the rule also requires certain underwriters, Please direct general comments information will have practical utility; brokers, dealers, depositors, and regarding the above information to the (b) the accuracy of the agency’s estimate investment advisers to maintain the following persons: (i) Desk Officer for of the burden of the collection of records that they are required to the Securities and Exchange information; (c) ways to enhance the maintain under federal securities laws. Commission, Office of Management and quality, utility, and clarity of the The Commission periodically inspects Budget, Room 10102, New Executive information collected; and (d) ways to the operations of funds to insure their Office Building, Washington, DC 20503 minimize the burden of the collection of compliance with the provisions of the or e-mail to: [email protected]; and information on respondents, including Act and the rules thereunder. The books (ii) Lewis W. Walker, Acting Director/ through the use of automated collection and records required to be maintained CIO, Securities and Exchange techniques or other forms of information by rule 31a–1 constitute a major focus Commission, C/O Shirley Martinson, technology. Consideration will be given of the Commission’s inspection 6432 General Green Way, Alexandria, to comments and suggestions submitted program. VA 22312; or send an e-mail to: in writing within 60 days of this There are approximately 4621 [email protected]. Comments must publication. investment companies registered with be submitted to OMB within 30 days of Please direct your written comments the Commission, all of which are this notice. to Lewis W. Walker, Acting Director/ required to comply with rule 31a–1. For CIO, Securities and Exchange purposes of determining the burden Dated: December 8, 2008. Commission, C/O Shirley Martinson, imposed by rule 31a–1, the Commission Florence E. Harmon, 6432 General Green Way, Alexandria, staff estimates that each fund is divided Acting Secretary. VA 22312; or send an e-mail to: into approximately four series, on [FR Doc. E8–29503 Filed 12–12–08; 8:45 am] [email protected]. average, and that each series is required BILLING CODE 8011–01–P Dated: December 5, 2008. to comply with the recordkeeping Florence E. Harmon, requirements of rule 31a–1. Based on conversations with fund representatives, SECURITIES AND EXCHANGE Acting Secretary. it is estimated that rule 31a–1 imposes COMMISSION [FR Doc. E8–29504 Filed 12–12–08; 8:45 am] an average burden of approximately BILLING CODE 8011–01–P 1750 hours annually per series for a Comment Request total of 7000 annual hours per fund. The Upon written request, copies available estimated total annual burden for all SECURITIES AND EXCHANGE from: Securities and Exchange COMMISSION 4621 investment companies subject to Commission, Office of Investor the rule therefore is approximately Education and Advocacy, Submission for OMB Review; 32,347,000 hours. Based on Washington, DC 20549–0213. Comment Request conversations with fund representatives, however, the Commission staff Extension: Form ADV–E, Sec File No. 270– Upon written request, copies available estimates that even absent the 318, OMB Control No. 3235–0361. from: U.S. Securities and Exchange requirements of rule 31a–1, 90 percent Notice is hereby given that pursuant Commission, Office of Investor of the records created pursuant to the to the Paperwork Reduction Act of 1995 Education and Advocacy, rule are the type that generally would be (44 U.S.C. 3501 et seq.) the Securities Washington, DC 20549–0213.

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Extension: Rule 11a1–1(T); OMB Control No. make transactions for their own seq.) (‘‘Act’’), as modified in 1995 and 3235–0478; SEC File No. 270–428. accounts under a specific exemption 2005, sets forth the information which Notice is hereby given that pursuant from the general prohibition of such an exchange must include in an to the Paperwork Reduction Act of 1995 transactions under Section 11(a) of the application to reinstate its ability to (44 U.S.C. 3501 et seq.), the Securities Exchange Act. Compliance with Rule extend unlisted trading privileges to any and Exchange Commission 11a–1(T) does not involve the collection security for which such unlisted trading (‘‘Commission’’) has submitted to the of confidential information. Rule 11a– privileges have been suspended by the Office of Management and Budget 1(T) does not have a record retention Commission, pursuant to Section (‘‘OMB’’) a request for approval of requirement per se. However, responses 12(f)(2)(A) of the Act. An application extension of the previously approved made pursuant to Rule 11a–1(T) may be must provide the name of the issuer, the collection of information provided for in subject to the recordkeeping title of the security, the name of each the following rule: Rule 11a1–1(T) (17 requirements of Rules 17a–3 and 17a–4. national securities exchange, if any, on CFR 240.11a1–1(T)) under the Securities An agency may not conduct or sponsor, which the security is listed or admitted Exchange Act of 1934 (15 U.S.C. 78a et and a person is not required to respond to unlisted trading privileges, whether seq.) (‘‘Exchange Act’’). to, a collection of information unless it transaction information concerning the On January 27, 1976, the Commission displays a currently valid control security is reported pursuant to an adopted Rule 11a1–1(T), to certain number. effective transaction reporting plan exempt transactions of exchange Comments should be directed to (i) contemplated by Rule 601 of Regulation members for their own accounts that Desk Officer for the Securities and NMS, the date of the Commission’s would otherwise be prohibited under Exchange Commission, Office of suspension of unlisted trading section 11(a) of the Exchange Act. The Information and Regulatory Affairs, privileges in the security on the rule provides that a member’s Office of Management and Budget, exchange, and any other pertinent proprietary order may be executed on Room 10102, New Executive Office information. Rule 12f–1 further requires the exchange of which the trader is a Building, Washington, DC 20503 or by a national securities exchange seeking to member, if, among other things: (1) The sending an e-mail to: reinstate its ability to extend unlisted member discloses that a bid or offer for [email protected]; and (ii) Lewis W. trading privileges to a security to its account is for its account to any Walker, Acting Director, Chief indicate that it has provided a copy of member with whom such bid or offer is Information Officer, Securities and such application to the issuer of the placed or to whom it is communicated; Exchange Commission, c/o Shirley security, as well as to any other national (2) any such member through whom Martinson, 6432 General Green Way, securities exchange on which the that bid or offer is communicated Alexandria, VA 22312 or send an e-mail security is listed or admitted to unlisted discloses to others participating in to: [email protected]. Comments trading privileges. effecting the order that it is for the must be submitted within 30 days of The information required by Rule account of a member; and (3) this notice. 12f–1 enables the Commission to make immediately before executing the order, the necessary findings under the Act Dated: December 8, 2008. a member (other than a specialist in prior to granting applications to such security) presenting any order for Florence E. Harmon, reinstate unlisted trading privileges. the account of a member on the Acting Secretary. This information is also made available exchange clearly announces or [FR Doc. E8–29505 Filed 12–12–08; 8:45 am] to members of the public who may wish otherwise indicates to the specialist and BILLING CODE 8011–01–P to comment upon the applications. to other members then present that he Without the Rule, the Commission is presenting an order for the account of would be unable to fulfill these a member. SECURITIES AND EXCHANGE statutory responsibilities. Without these requirements, it would COMMISSION There are currently 11 national not be possible for the Commission to securities exchanges subject to Rule monitor its mandate under the Exchange Submission for OMB Review; 12f–1. The burden of complying with Act to promote fair and orderly markets Comment Request Rule 12f–1 arises when a potential and ensure that exchange members Upon written request, copies available respondent seeks to reinstate its ability have, as the principle purpose of their from: U.S. Securities and Exchange to extend unlisted trading privileges to exchange memberships, the conduct of Commission, Office of Investor any security for which unlisted trading a public securities business. Education and Advocacy, privileges have been suspended by the There are approximately 1,151 Washington, DC 20549–0213. Commission, pursuant to Section respondents that require an aggregate 12(f)(2)(A) of the Act. The staff estimates total of 32 hours to comply with this Extension: Rule 12f–1, OMB Control No. that each application would require rule. Each of these approximately 1,151 3235–0128, SEC File No. 270–139. approximately one hour to complete. respondents makes an estimated 20 Notice is hereby given that, pursuant Thus each potential respondent would annual responses, for an aggregate of to the Paperwork Reduction Act of 1995 incur on average one burden hour in 23,020 responses per year. Each (44 U.S.C. 3501 et seq.), the Securities complying with the Rule. response takes approximately 5 seconds and Exchange Commission The Commission staff estimates that to complete. Thus, the total compliance (‘‘Commission’’) has submitted to the there could be as many as 11 responses burden per year is 32 hours (23,020 × 5 Office of Management and Budget a annually and that each respondent’s seconds/60 seconds per minute/60 request for extension of the previously related cost of compliance with Rule minutes per hour = 32 hours). The approved collection of information 12f–1 would be $168.00, or the cost of approximate cost per hour is $519, provided for in the following rule: Rule one hour of professional work needed to resulting in a total cost of compliance 12f–1 (17 CFR 240.12f–1). complete the application. The total for the annual burden of $16,608 (32 Rule 12f–1 (the ‘‘Rule’’), originally annual related reporting cost for all hours @ $519). adopted in 1934 pursuant to Sections potential respondents, therefore, is Compliance with Rule 11a–1(T) is 12(f) and 23(a) of the Securities $1,848.00 (11 responses × $168.00/ necessary for exchange members to Exchange Act of 1934 (15 U.S.C. 78a et response).

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Compliance with Rule 12f–1 is be included in applications for and of the Act. Information received in mandatory. Rule 12f–1 does not have a notices of termination or suspension of response to Rule 12f–3 shall not be kept record retention requirement per se. unlisted trading privileges for a security confidential; the information collected However, responses made pursuant to as contemplated in section 12(f)(4) of is public information. Rule 12f–1 are subject to the the Act. An application must provide, An agency may not conduct or recordkeeping requirements of Rules among other things, the name of the sponsor, and a person is not required to 17a–3 and 17a–4 of the Act. Information applicant; a brief statement of the respond to, a collection of information received in response to Rule 12f–1 shall applicant’s interest in the question of unless it displays a currently valid not be kept confidential; the information termination or suspension of such control number. collected is public information. unlisted trading privileges; the title of Comments should be directed to: (i) An agency may not conduct or the security; the name of the issuer; Desk Officer for the Securities and sponsor, and a person is not required to certain information regarding the size of Exchange Commission, Office of respond to, a collection of information the class of security and its recent Information and Regulatory Affairs, unless it displays a currently valid trading history; and a statement Office of Management and Budget, control number. indicating that the applicant has Room 10102, New Executive Office Comments should be directed to: (i) provided a copy of such application to Building, Washington, DC 20503 or by Desk Officer for the Securities and the exchange from which the sending an e-mail to: Exchange Commission, Office of suspension or termination of unlisted [email protected]; and (ii) Lewis W. Information and Regulatory Affairs, trading privileges are sought, and to any Walker, Acting Director/Chief Office of Management and Budget, other exchange on which the security is Information Officer, Securities and Room 10102, New Executive Office listed or admitted to unlisted trading Exchange Commission, c/o Shirley Building, Washington, DC 20503 or by privileges. Martinson, 6432 General Green Way, sending an e-mail to: The information required to be Alexandria, VA 22312 or send an e-mail [email protected]; and (ii) Lewis W. included in applications submitted to [email protected]. Comments Walker, Acting Director/Chief pursuant to Rule 12f–3 is intended to must be submitted within 30 days of Information Officer, Securities and provide the Commission with sufficient this notice. information to make the necessary Exchange Commission, c/o Shirley December 8, 2008. findings under the Act to terminate or Martinson, 6432 General Green Way, Florence E. Harmon, Alexandria, VA 22312 or send an e-mail suspend by order the unlisted trading Acting Secretary. to [email protected]. Comments privileges granted a security on a must be submitted within 30 days of national securities exchange. Without [FR Doc. E8–29507 Filed 12–12–08; 8:45 am] this notice. the Rule, the Commission would be BILLING CODE 8011–01–P unable to fulfill these statutory Dated: December 8, 2008. responsibilities. Florence E. Harmon, The burden of complying with Rule SECURITIES AND EXCHANGE Acting Secretary. 12f–3 arises when a potential COMMISSION [FR Doc. E8–29506 Filed 12–12–08; 8:45 am] respondent, having a demonstrable bona Submission for OMB Review; BILLING CODE 8011–01–P fide interest in the question of termination or suspension of the Comment Request unlisted trading privileges of a security, Upon written request, copies available SECURITIES AND EXCHANGE determines to seek such termination or from: U.S. Securities and Exchange COMMISSION suspension. The staff estimates that Commission, Office of Investor each such application to terminate or Submission for OMB Review; Education and Advocacy, suspend unlisted trading privileges Washington, DC 20549–0213. Comment Request requires approximately one hour to complete. Thus each potential Extension: Rule 17Ac2–1, SEC File No. 270– Upon written request, copies available 95, OMB Control No. 3235–0084. from: U.S. Securities and Exchange respondent would incur on average one Notice is hereby given that pursuant Commission, Office of Investor burden hour in complying with the to the Paperwork Reduction Act of 1995 Education and Advocacy, Rule. (44 U.S.C. 3501 et seq.), the Securities Washington, DC 20549–0213. The Commission staff estimates that there could be as many as 11 responses and Exchange Commission Extension: Rule 12f–3; OMB Control No. annually and that each respondent’s (‘‘Commission’’) has submitted to the 3235–0249; SEC File No. 270–141. related cost of compliance with Rule Office of Management and Budget Notice is hereby given that, pursuant 12f–3 would be $168.00, or, the cost of (‘‘OMB’’) a request for approval of to the Paperwork Reduction Act of 1995 one hour of professional work needed to extension of the existing collection of (44 U.S.C. 3501 et seq.), the Securities complete the application. The total information provided for in the and Exchange Commission annual related reporting cost for all following rule: Rule 17Ac2–1 (17 CFR (‘‘Commission’’) has submitted to the potential respondents, therefore, is 240.17Ac2–1) under the Securities Office of Management and Budget $1,848.00 (11 responses × $168.00/ Exchange Act of 1934 (15 U.S.C. 78a et requests for extension of the previously response). seq.) (‘‘Exchange Act’’). The approved collection of information Compliance with the application Commission plans to submit this provided for in the following rule: Rule requirements of Rule 12f–3 is existing collection of information to the 12f–3 (17 CFR 240.12f–3). mandatory, though the filing of such Office of Management and Budget Rule 12f–3 (the ‘‘Rule’’), which was applications is undertaken voluntarily. (‘‘OMB’’) for extension and approval. originally adopted in 1934 pursuant to Rule 12f–3 does not have a record Rule 17Ac–2, pursuant to Section sections 12(f) and 23(a) of the Securities retention requirement per se. However, 17A(c) of the Exchange Act, generally Exchange Act of 1934 (15 U.S.C. 78a et responses made pursuant to Rule 12f–3 requires transfer agents to register with seq.) (‘‘Act’’), as modified in 1995, are subject to the recordkeeping their Appropriate Regulatory Agency prescribes the information which must requirements of Rules 17a–3 and 17a–4 (‘‘ARA’’), whether the Commission, the

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Comptroller of the Currency, the Board SECURITIES AND EXCHANGE Dated: December 8, 2008. of Governors of the Federal Reserve COMMISSION Florence E. Harmon, System, the Federal Deposit Insurance Acting Secretary. Corporation, or the Office of Thrift Submission for OMB Review; [FR Doc. E8–29509 Filed 12–12–08; 8:45 am] Supervision, and to amend their Comment Request BILLING CODE 8011–01–P registrations if the information becomes inaccurate, misleading, or incomplete. Upon written request, copies available Paragraph 1 of Rule 17Ac–2, requires from: U.S. Securities and Exchange SECURITIES AND EXCHANGE transfer agents to file a Form TA–1 Commission, Office of Investor COMMISSION application for registration with the Education and Advocacy, [Investment Company Act Release No. Commission where the Commission is Washington, DC 20549–0213. their appropriate regulatory agency. 28528; 813–332] Transfer agents must also file an Extension: Rule 24b–1, OMB Control No. 3235–0194, SEC File No. 270–205. TWB Investment Partnership, L.P., et amended Form TA–1 application for al.; Notice of Application registration if the existing Form TA–1 Notice is hereby given that pursuant becomes inaccurate, misleading, or to the Paperwork Reduction Act of 1995 Date: December 9, 2008. incomplete. The Form TA–1s must be (44 U.S.C. 3501 et seq.), the Securities AGENCY: Securities and Exchange filed with the Commission and Exchange Commission Commission (‘‘Commission’’). electronically, absent an exemption, on (‘‘Commission’’) has submitted to the ACTION: Notice of application for an EDGAR pursuant to Regulation S–T (17 Office of Management and Budget order under sections 6(b) and 6(e) of the CFR 232). (‘‘OMB’’) a request for approval of Investment Company Act of 1940 (the The Commission receives on an extension of the existing collection of ‘‘Act’’) exempting applicants from all annual basis approximately 100 information provided for in the provisions of the Act, except section 9 applications for registration on Form following rule: Rule 24b–1 (17 CFR and sections 36 through 53, and the TA–1 from transfer agents required to 240.24b–1). rules and regulations under the Act. register with the Commission. Included With respect to sections 17 and 30 of the in this figure are amendments to Form Rule 24b–1 under the Securities Act, and the rules and regulations TA–1 as required by Paragraph (c) of Exchange Act of 1934 (15 U.S.C. 78a et thereunder, and rule 38a–1 under the Rule 17Ac2–1 to address information seq.) requires a national securities Act, the exemption is limited as set that has become inaccurate, misleading, exchange to keep and make available for forth in the application. or incomplete. Based on past public inspection a copy of its submissions, the staff estimates that the registration statement and exhibits filed SUMMARY OF APPLICATION: Applicants average number of hours necessary to with the Commission, along with any request an order to exempt certain comply with the requirements of Rule amendments thereto. investment vehicles formed for the 17Ac–1 and Form TA–1 is one and one- There are eleven national securities benefit of partners and key eligible half hours with a total burden of 150 exchanges that spend approximately current and former employees of hours per year. one half hour each complying with this Perkins Coie LLP (‘‘Perkins’’) and Comments are invited on: (a) Whether rule, for an aggregate total compliance certain of its affiliates from certain the proposed collection of information burden of five and one half hours per provisions of the Act. Each such entity is necessary for the proper performance year. The staff estimates that the average will be an ‘‘employees’ securities of the functions of the Commission, cost per respondent is $65.18 per year, company’’ within the meaning of including whether the information shall section 2(a)(13) of the Act. have practical utility; (b) the accuracy of calculated as the costs of copying ($13.97) plus storage ($51.21), resulting APPLICANTS: TWB Investment the Commission’s estimates of the Partnership, L.P. and TWB Investment burden of the proposed collection of in a total cost of compliance for the respondents of $716.98. Partnership II, L.P. (collectively, the information; (c) ways to enhance the ‘‘Investment Funds’’), and Perkins. quality, utility, and clarity of the An agency may not conduct or FILING DATES: The application was filed sponsor, and a person is not required to information to be collected; and (d) on April 3, 2001, and amended on ways to minimize the burden of the respond to, a collection of information February 6, 2004 and November 26, collection of information on unless it displays a currently valid 2008. respondents, including the use of control number. HEARING OR NOTIFICATION OF HEARING: An automated collection techniques or Comments should be directed to: (i) order granting the application will be other forms of information technology. Desk Officer for the Securities and issued unless the Commission orders a Consideration will be given to Exchange Commission, Office of hearing. Interested persons may request comments and suggestions submitted Information and Regulatory Affairs, a hearing by writing to the within 60 days of this publication. Office of Management and Budget, Comments should be directed to Commission’s Secretary and serving Room 10102, New Executive Office Lewis A. Walker, Acting Director/Chief applicants with a copy of the request, Building, Washington, DC 20503 or by Information Officer, Securities and personally or by mail. Hearing requests sending an e-mail to: Exchange Commission, c/o Shirley should be received by the Commission [email protected]; and (ii) Lewis W. Martinson, 6432 General Green Way, by 5:30 p.m. on January 5, 2009 and Walker, Acting Director/Chief Alexandria, VA 22312 or send an e-mail should be accompanied by proof of to: [email protected]. Information Officer, Securities and service on applicants, in the form of an Exchange Commission, c/o Shirley affidavit or, for lawyers, a certificate of Dated: December 8, 2008. Martinson, 6432 General Green Way, service. Hearing requests should state Florence E. Harmon, Alexandria, VA 22312 or send an e-mail the nature of the writer’s interest, the Acting Secretary. to [email protected]. Comments reason for the request, and the issues [FR Doc. E8–29508 Filed 12–12–08; 8:45 am] must be submitted within 30 days of contested. Persons who wish to be BILLING CODE 8011–01–P this notice. notified of a hearing may request

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notification by writing to the available to them or that might be employee,’’ as defined in rule 3c–5 Commission’s Secretary. beyond their individual means. under the Act, of the Fund (with the ADDRESSES: Secretary, U.S. Securities 3. The Funds will operate as non- Fund treated as though it were a and Exchange Commission, 100 F diversified, closed-end management ‘‘Covered Company’’ for purposes of the Street, NE., Washington, DC 20549– investment companies. Perkins or a rule). In addition, a Category 2 investor 1090. Applicants, c/o Martin E. wholly-owned subsidiary of Perkins qualifying under (a) above will not be Lybecker, Esq., Wilmer Cutler Pickering will serve as the general partner permitted to invest in any calendar or Hale and Dorr LLP, 1875 Pennsylvania (‘‘General Partner’’) of each Fund. The fiscal year (as determined by Perkins) Avenue, NW., Washington, DC 20006. General Partner will appoint one or more than 10% of his or her income FOR FURTHER INFORMATION CONTACT: more investment committees for each from all sources for the immediately Courtney S. Thornton, Senior Counsel, Fund (each, an ‘‘Investment preceding calendar or fiscal year in one at 202–551–6812, or Mary Kay Frech, Committee’’). Each member of the or more Funds.2 If a Category 1 investor Branch Chief, at 202–551–6821 Investment Committees will be a current ceases to be accredited, the investor will (Division of Investment Management, or former Partner and may be, but is not retain the investments made while the Office of Investment Company required to be, an investor in the Fund investor was accredited, but will not be Regulation). (a ‘‘Fund Investor’’). The General able to participate in current Partner and the Investment Committees investments unless the investor meets SUPPLEMENTARY INFORMATION: The will be registered as investment advisers the requirements for a Category 2 following is a summary of the if required under the Investment investor and the General Partner, in its application. The complete application Advisers Act of 1940. discretion, allows the investor to may be obtained for a fee at the 4. Interests in the Series (‘‘Interests’’) participate as a Category 2 investor. Commission’s Public Reference Branch, will be offered without registration in 6. A ‘‘Qualified Investment Vehicle’’ 100 F Street, NE., Washington, DC reliance on section 4(2) of the Securities is a trust or other entity the sole 20549–1520 (tel. 202–551–5850). Act of 1933 (the ‘‘Securities Act’’) or beneficiaries of which are Eligible Applicants’ Representations: Employees or their ‘‘Immediate Family 1. Perkins is a law firm organized as Regulation D thereunder. Interests will Members’’ (defined as any parent, child, a Washington limited liability be offered only to Eligible Investors who spouse of a child, spouse, brother or partnership that is owned exclusively at the time of the offer consist of sister and includes any step or adoptive by individuals or professional service ‘‘Eligible Employees,’’ ‘‘Qualified relationship) or the settlors and trustees corporations engaged in the practice of Investment Vehicles,’’ ‘‘Immediate of which consist of Eligible Employees law. These individuals and the Family Members’’ (each as defined or Eligible Employees together with shareholders of the professional service below), and Perkins. Prior to offering a Immediate Family Members. A corporations are referred to as subscription agreement to an individual, Qualified Investment Vehicle must be ‘‘Partners’’. the General Partner must reasonably either (a) an accredited investor as 2. The Investment Funds are Delaware believe that the individual is a defined in Rule 501(a) of Regulation D limited partnerships. Subsequent sophisticated investor capable of or (b) an entity for which an Eligible pooled investment vehicles identical in understanding and evaluating the risks Employee is a settler and principal all material respects to the Investment of participating in the Fund without the investment decision-maker and which is Funds (other than investment objectives benefit of regulatory safeguards. counted toward the 35 non-accredited and strategies) that may be offered in the 5. An ‘‘Eligible Employee’’ is a person Fund Investors in a Fund. An future to the same classes of investors as who is, at the time of investment, a Immediate Family Member who those investing in the Investment Funds current or former Partner or an purchases Interests must be an (the ‘‘Subsequent Funds’’) (collectively employee of Perkins who (a) meets the accredited investor as defined in Rule with the Investment Funds, the standards of an ‘‘accredited investor’’ 501(a)(5) or Rule 501(a)(6) of Regulation ‘‘Funds’’), if any, will also be structured set forth in Rule 501(a)(5) or Rule D. as limited partnerships, although a 501(a)(6) of Regulation D under the 7. Each Eligible Investor participating Subsequent Fund could be structured as Securities Act (‘‘Category 1 investor’’), in a Fund will receive a private offering a domestic partnership, limited liability or (b) is one of 35 or fewer Partners or memorandum and the Fund’s company, corporation, trust, or other employees of Perkins who meets the partnership agreement and any other entity. The Investment Funds have following salary and other requirements 1 organizational documents (‘‘Offering been, and each Subsequent Fund will (‘‘Category 2 investor’’). Each Category Documents’’) prior to his or her be, established to enable the Eligible 2 investor will be a Partner or employee investment in the Fund. Each Fund will Investors (as defined below) to of Perkins who meets the sophistication send its Fund Investors annual reports participate in certain investment requirements set forth in Rule containing audited financial statements opportunities that come to the attention 506(b)(2)(ii) of Regulation D under the with respect to those Series in which of Perkins. Perkins expects to form new Securities Act and who (a) has a the Fund Investor has Interests, as soon pools several times a year, with each graduate degree, has a minimum of 3 as practicable after the end of each fiscal pool represented by a separate series of years of business and/or professional interests in the Funds (‘‘Series’’) offered experience, has had compensation of at least $150,000 in the preceding 12 2 Participation in the Funds is mandatory for all at a specific time or over a specified Partners who are required to contribute capital to period of time (the ‘‘Investment month period, and has a reasonable Perkins (as determined by Perkins based on the Period’’). Each Series will be an expectation of compensation of at least amount of each individual’s income) (‘‘Capital ‘‘employees’ securities company’’ $150,000 in each of the two Partners’’) and who are accredited investors, but immediately succeeding 12 month only with respect to small investments (usually less within the meaning of section 2(a)(13) of than $500 total per investment) in stock generally the Act. Participation as investors in a periods, or (b) is a ‘‘knowledgeable referred to as ‘‘founder’s stock’’ and with respect to Fund will allow Eligible Investors to 20% of the first $50,000 invested in each other 1 Any former Partner of Perkins will maintain a investment the Investment Committees decide a diversify their investments and to have sufficiently close nexus with Perkins so as to Fund should make. Participation in the Funds is the opportunity to participate in preserve the community of interest between such voluntary for Eligible Investors who are not Capital investments that might not otherwise be Eligible Employee and Perkins. Partners.

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year, unless the value of the assets of the Investor’s investments in a Fund. If a company as any investment company particular Series at the end of the fiscal Fund Investor leaves employment with all of whose securities (other than short- year is $3 million or less, in which case or retires or resigns from Perkins during term paper) are beneficially owned (a) the financial statements may be the Investment Period, unvested by current or former employees, or unaudited. In addition, as soon as investments will be allocated to other persons on retainer, of one or more practicable after the end of each tax Fund Investors, and to the extent that affiliated employers, (b) by immediate year, each Fund will transmit a report the Fund Investor has paid for the family members of such persons, or (c) to each Fund Investor setting out investment, the Fund Investor will be by such employer or employers, information with respect to that Fund repaid his or her actual cost, unless the together with any of the persons in (a) Investor’s distributive share of income, investment has already been written off. or (b). gains, losses, credits, and other items for If a Fund Investor retires from Perkins 2. Section 7 of the Act generally federal and state income tax purposes. during the Investment Period but prohibits investment companies that are 8. Fund Investors will be permitted to continues as senior counsel to Perkins, not registered under section 8 of the Act transfer their Interests only upon their investments that are subject to a vesting from selling or redeeming their bankruptcy or death. If a Fund Investor schedule may continue to vest during securities. Section 6(e) provides that, in becomes bankrupt, the receiver or the Investment Period. connection with any order exempting an trustee will have the right to settle or 11. The Funds may reimburse Perkins investment company from any provision manage the bankrupt estate. The death for reasonable out-of-pocket expenses of section 7, certain provisions of the of a Fund Investor will be deemed a specifically attributable to the Act, as specified by the Commission, withdrawal of the deceased Fund organization and operation of the Funds will be applicable to the company and Investor unless the deceased Fund or any Series of the Funds. There will other persons dealing with the company Investor’s estate is permitted to continue be no allocation of any of Perkins’ as though the company were registered as a Fund Investor by mutual agreement operating expenses to the Funds. No under the Act. Applicants request an of the General Partner and the personal separate management fee will be order under sections 6(b) and 6(e) of the representative of the deceased Fund charged to a Fund by the General Act exempting the Funds from all Investor. If the estate does not continue Partner, and no compensation will be provisions of the Act, except section 9 as a Fund Investor, it will be treated as paid by a Fund or by Fund Investors to and sections 36 through 53, and the a withdrawn Fund Investor. the General Partner for its services. rules and regulations under the Act. 9. Generally, a withdrawn Fund 12. The Funds may borrow from With respect to sections 17 and 30 of the Investor will retain his or her Interests Perkins, a Partner, or a bank or other Act, and the rules and regulations in investments made by the Fund before financial institution, provided that a thereunder, and rule 38a–1 under the the Fund Investor’s withdrawal until the Fund will not borrow from any person Act, the exemption is limited as set investments are liquidated or written- if the borrowing would cause any forth in the application. off, except that unvested investments person not named in section 2(a)(13) of 3. Section 17(a) of the Act generally are treated differently, as described the Act to own outstanding securities of prohibits any affiliated person of a below. The Interests will not include the Fund (other than short-term paper). registered investment company, or any any repurchase rights, and the Funds Any borrowings by a Fund will be non- affiliated person of an affiliated person, will not repurchase Interests from Fund recourse to Fund Investors. If Perkins or acting as principal, from knowingly Investors unless the shares are unvested a Partner makes a loan to the Funds, the selling or purchasing any security or or the parties otherwise agree. A Capital interest rate on the loan will be no less other property to or from the company. Partner who ceases to be a Partner will favorable to the Funds than the rate that Applicants request an exemption from be required to withdraw from the Fund could be obtained on an arm’s length section 17(a) and the rules and as to the mandatory portion of future basis. regulations thereunder to permit a Fund Interests, unless the General Partner and 13. No Fund will acquire any security to: (a) Purchase or otherwise acquire, Capital Partner otherwise agree, and issued by a registered investment from Perkins or an affiliated person will not be eligible to participate in the company if immediately after the thereof, securities or interests in mandatory portion of any investments acquisition the Fund would own more properties previously acquired for the the Fund makes after the date of the than 3% of the outstanding voting stock account of Perkins, another Fund, or an Capital Partner’s withdrawal.3 With the of the registered investment company. affiliated person thereof, (b) sell or General Partner’s consent, only a retired Applicants’ Legal Analysis: otherwise transfer, to Perkins or an Partner may continue to participate in 1. Section 6(b) of the Act provides, in affiliated person thereof, securities or discretionary investments. Other Fund part, that the Commission will exempt interests in properties previously Investors will not be permitted to employees’ securities companies from acquired by the Funds, (c) invest in continue to participate in discretionary the provisions of the Act to the extent companies, partnerships or other investments after withdrawal from the that the exemption is consistent with investment vehicles offered, sponsored, Fund. If a Partner leaves employment the protection of investors. Section 6(b) or managed by Perkins or an affiliated with Perkins other than due to provides that the Commission will person thereof, (d) invest in securities of retirement, he or she will be unable to consider, in determining the provisions issuers for which Perkins or an affiliated participate in discretionary investments, of the Act from which the company person thereof has performed services the Fund will release the Partner from should be exempt, the company’s form and from which they may have received any capital commitment that the Fund of organization and capital structure, the fees, (e) purchase or otherwise acquire had not yet spent, and the Fund will persons owning and controlling its interests in a company or other return any capital inadvertently securities, the price of the company’s investment vehicle (i) in which Perkins collected from the Partner in excess of securities and the amount of any sales or its Partners or employees own 5% or the cost of the Fund’s investments. load, how the company’s funds are more of the voting securities, or (ii) that 10. Perkins reserves the right to invested, and the relationship between otherwise is an affiliated person of the impose vesting provisions on a Fund the company and the issuers of the Fund (or an affiliated person of such securities in which it invests. Section affiliated person) or an affiliated person 3 See supra note 2. 2(a)(13) defines an employees’ securities of Perkins, and (f) participate as a

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selling security-holder in a public Funds to forego investment directors who are not interested persons offering in which Perkins or any opportunities simply because a Fund (‘‘disinterested directors’’) take certain affiliated person thereof acts as or Investor, Perkins, or other affiliated actions and give certain approvals represents a member of the selling persons of the Fund also had made or relating to fidelity bonding. Paragraph group. contemplated making a similar (g) of rule 17g–1 sets forth certain 4. Applicants state that the investment. In addition, because materials relating to the fidelity bond exemptions sought from section 17(a) attractive investment opportunities of that must be filed with the Commission are consistent with the purposes of the the types considered by the Funds often and certain notices relating to the Act and the protection of investors. require that each participant make fidelity bond that must be given to each Fund Investors will be informed in the available funds in an amount that may member of the investment company’s Offering Documents and the Fund’s be substantially greater than that board of directors. Paragraph (h) of rule communications relating to a particular available to the investor alone, there 17g–1 provides that an investment investment opportunity of the extent of may be certain attractive opportunities company must designate one of its the Fund’s dealings with Perkins or any of which a Fund may be unable to take officers to make the filings and give the affiliated person thereof, and Eligible advantage except as a co-participant notices required by paragraph (g). Investors, as financially sophisticated with other persons, including affiliates. Paragraph (j) of rule 17g–1 exempts a professionals and investors, will be able Applicants note that, in light of Perkins’ joint insured bond provided and to evaluate the risks associated with purpose of establishing the Funds so as maintained by an investment company those dealings. Applicants assert that to reward Eligible Investors and to and one or more other parties from the community of interest among Fund attract highly qualified personnel to section 17(d) of the Act and the rules Investors and Perkins will serve to Perkins, the possibility is minimal that under the Act. Rule 17g–1(j)(3) requires reduce the risk of abuse in transactions an affiliated person will enter into a that the board of directors of an involving a Fund and Perkins or an transaction with a Fund with the intent investment company satisfy the fund affiliated person of Perkins. of disadvantaging the Fund. Applicants governance standards defined in rule 0– 5. Section 17(d) of the Act and rule assert that the flexibility to structure co- 1(a)(7). 17d–1 under the Act prohibit any investments and joint investments in 9. Applicants request an exemption affiliated person of a registered the manner described above will not from section 17(g) and rule 17g–1 to the investment company, or any affiliated involve abuses of the type section 17(d) extent necessary to permit the General person of an affiliated person, acting as and rule 17d–1 were designed to Partner of each Fund to take the action principal, from participating in any joint prevent. and make the approvals set forth in the arrangement with the investment 7. Section 17(f) of the Act requires rule, regardless of whether it is deemed company unless authorized by the investment companies to place their to be an interested person of the Funds. Commission. Applicants request relief securities in the custody of certain Because the General Partner would be to permit affiliated persons of a Fund, custodians. Rule 17f–2 under the Act considered an interested person of the or affiliated persons of an affiliated requires investment companies that Funds, the Funds would not be able to person, to participate in joint maintain custody of their own securities comply with rule 17g–1 without the transactions with the Fund. Joint to deposit the securities with a bank or requested relief. Applicants also request transactions in which a Fund could other entity supervised by federal or an exemption from the requirements of participate include the following: (a) An state authorities. Applicants request an paragraphs (g) and (h) of rule 17g–1 investment by one or more Funds in a exemption from section 17(f) and rule relating to the filing of copies of fidelity security: (i) In which Perkins, an 17f–2 to permit the following exceptions bonds and related information with the affiliated person thereof (including from the requirements of rule 17f–2: (a) Commission and the provision of Partners of Perkins), or another Fund, Compliance with paragraph (b) of the notices to the board of directors. who agree to be bound by the terms of rule may be achieved through Applicants believe that the filing the conditions for the application, is a safekeeping in the locked files of requirements are burdensome and participant or plans to become a Perkins or of a Partner; (b) for purposes unnecessary as applied to the Funds participant, or (ii) with respect to which of paragraph (d) of the rule, (i) and that the notices otherwise required Perkins or any affiliated person thereof employees of Perkins will be deemed to be given to the board of directors is entitled to receive fees of any kind, employees of the Funds, (ii) officers and would be unnecessary, as the Funds including, but not limited to legal fees, the General Partner of a Fund will be will not have boards of directors. placement fees, investment banking fees deemed to be officers of the Fund, and Applicants also request an exemption or brokerage commissions, or other (iii) the General Partner of a Fund will from the requirements of paragraph economic benefits or interests; (b) an be deemed to be the board of directors (j)(3) of rule 17g–1 that the Funds investment by one or more Funds in an of the Fund; and (c) instead of the comply with the fund governance investment vehicle sponsored, offered, verification procedure under paragraph standards defined in rule 0–1(a)(7). Each or managed by Perkins or any affiliated (f) of the rule, verification will be Fund will comply with all other person thereof; and (c) an investment by effected quarterly by two employees of requirements of rule 17g–1. one or more Funds in a security in Perkins. Applicants assert that the 10. Section 17(j) of the Act and rule which an affiliated person of the Fund securities held by the Funds are most 17j–1 thereunder make it unlawful for or Perkins, or an affiliated person of suitably kept in Perkins’ files, where certain enumerated persons to engage in such a person, is a participant or plans they can be referred to as necessary. fraudulent or deceptive practices in to become a participant, including 8. Section 17(g) of the Act requires connection with the purchase or sale of situations in which that person has a that certain officers or employees of an a security held or to be acquired by a partnership or other interest in, or investment company who have access to registered investment company. Rule compensation arrangement with, the the company’s securities or funds be 17j–1 also requires every registered issuer, sponsor, or offeror of the bonded by a fidelity insurance company investment company to adopt a written security. against larceny and embezzlement in code of ethics and every access person 6. Applicants state that compliance the amounts prescribed in rule 17g–1. of a registered investment company to with section 17(d) would cause the Rule 17g–1 requires that a majority of report personal securities transactions.

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Applicants request an exemption from Applicants’ Conditions: participating Fund holding each the requirements of rule 17j–1, with the Applicants agree that any order investment sufficient, but not less than exception of the anti-fraud provisions of granting the requested relief will be one day’s, notice of its intent to dispose paragraph (b), because they would be subject to the following conditions: of its investment; and (b) refrains from time-consuming and expensive and 1. Each proposed transaction to which disposing of its investment unless the would serve little purpose in light of the a Fund is a party otherwise prohibited participating Fund holding such community of interests among the Fund by section 17(a) or section 17(d) and investment has the opportunity to Investors by virtue of their common rule 17d–1 (each a ‘‘Section 17 dispose of its investment prior to or association with Perkins. Applicants Transaction’’) will be effected only if the concurrently with, on the same terms as, assert that the requested exemption is General Partner determines that: (a) The and on a pro rata basis with the Co- consistent with the purposes of the Act terms of the Section 17 Transaction, Investor. The term ‘‘Co-Investor’’ means because the dangers against which including the consideration to be paid any person who is: (a) an affiliated section 17(j) and rule 17j–1 are intended or received, are fair and reasonable to person of the Fund (as defined in to guard are not present in the case of Fund Investors of the participating Fund section 2(a)(3) of the Act); (b) Perkins the Funds. and do not involve overreaching of the and any Perkins entities; (c) a Partner or 11. Applicants request exemption Fund or its Fund Investors on the part employee of Perkins or any affiliate of from the requirements contained in of any person concerned; and (b) the Perkins, as defined in rule 12b–2 under sections 30(a), 30(b), 30(e), and the rules Section 17 Transaction is consistent the Exchange Act (a ‘‘Perkins entity’’); and regulations thereunder, that with the interests of the Fund Investors (d) an investment vehicle offered, registered investment companies file of the participating Fund, the Fund’s sponsored, or managed by Perkins or a with the Commission and mail to their organizational documents, and the Perkins entity; or (e) a company in shareholders certain periodic reports Fund’s reports to its Fund Investors. which a Perkins entity acts as an officer, and financial statements. Applicants In addition, the General Partner will director, or general partner, or has a state that the forms prescribed by the record and preserve a description of similar capacity to control the sale or Commission for periodic reports have such Section 17 Transaction, its disposition of the company’s securities. little relevance to the Funds and would findings, the information or materials The restrictions contained in this entail administrative and legal costs that upon which its findings are based, and condition, however, shall not be outweigh any benefit to the Fund the basis therefore. All such records will deemed to limit or prevent the Investors. Exemptive relief is requested be maintained for the life of a Fund and disposition of an investment by a Co- to the extent necessary to permit each at least six years thereafter, and will be Investor: (a) To its direct or indirect Fund to report annually to its Fund subject to examination by the wholly-owned subsidiary, to any Investors in the manner prescribed for Commission and its staff. All such company (a ‘‘parent’’) of which the Co- each Fund by its limited partnership records will be maintained in an easily Investor is a direct or indirect wholly- agreement. Applicants also request an accessible place for at least the first two owned subsidiary, or to a direct or exemption from section 30(h) to the years. indirect wholly-owned subsidiary of its extent necessary to exempt the General 2. If purchases or sales are made by parent; (b) to Immediate Family Partner and any other persons who may a Fund from or to an entity affiliated Members of the Co-Investor or a trust be deemed to be members of an advisory with the Fund by reason of a Partner or established for any such Immediate board of a Fund from filing Forms 3, 4, employee of Perkins (a) serving as an Family Member; (c) when the and 5 under section 16 of the Securities officer, director, general partner or investment is comprised of securities Exchange Act of 1934 (‘‘Exchange Act’’) investment adviser of the entity, or (b) that are listed on a national securities with respect to their ownership of having a 5% or more investment in the exchange registered under section 6 of Interests in the Funds. Applicants assert entity, such individual will not the Exchange Act; or (d) when the that, because there is no trading market participate in the Fund’s determination investment is comprised of securities for Interests and transfers of Interests are of whether or not to effect the purchase that are NMS securities pursuant to severely restricted, these filings are or sale. section 11A(a)(2) of the Exchange Act unnecessary for the protection of 3. The General Partner will adopt, and and rule 600(a) of Regulation NMS investors and would be burdensome to periodically review and update, thereunder. those who would be required to file procedures designed to ensure that 5. Each Fund will send to each person them. reasonable inquiry is made, prior to the who was a Fund Investor in such Fund 12. Rule 38a–1 requires investment consummation of any Section 17 at any time during the fiscal year then companies to adopt, implement, and Transaction, with respect to the possible ended financial statements audited by periodically review written policies and involvement in the transaction of any independent public accountants with procedures reasonably designed to affiliated person or promoter of or respect to those Series in which the prevent violation of the federal principal underwriter for the Funds, or Fund Investor held Interests, unless the securities laws and to appoint a chief any affiliated person of such a person, value of the assets of the particular compliance officer. Each Fund will promoter, or principal underwriter. Series at the end of the fiscal year is $3 comply with rule 38a–1(a), (c), and (d), 4. The General Partner will not make million or less, in which case the except that (a) since the Fund does not on behalf of a Fund any investment in financial statements as to such Series have a board of directors, the which a Co-Investor, as defined below, may be unaudited. At the end of each management committee of the General has or proposes to acquire the same fiscal year, the General Partner will Partner will fulfill the responsibilities class of securities of the same issuer, make a valuation or have a valuation assigned to the Fund’s board of directors where the investment involves a joint made of all the assets of the Fund as of under the rule, and (b) since the enterprise or other joint arrangement the fiscal year end in a manner management committee of the General within the meaning of rule 17d–1 in consistent with customary practice with Partner does not have any disinterested which the Fund and the Co-Investor are respect to the valuation of assets of the members, approval by a majority of the participants, unless any such Co- kind held by the Fund. In addition, as disinterested board members required Investor, prior to disposing of all or part soon as practicable after the end of each by rule 38a–1 will not be obtained. of its investment: (a) gives the fiscal year of each Fund, the General

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Partner will send a report to each person under the Commission’s interactive data proposed rule change is available on the who was a Fund Investor at any time voluntary program without being Exchange’s Web site (http:// during the fiscal year then ended, required to submit other financial www.cboe.org/Legal), CBOE, and at the setting forth such tax information as information. Commission. shall be necessary for the preparation by Item 4: The Commission will consider II. Self-Regulatory Organization’s the Fund Investor of his federal and whether to adopt amendments that Statement of the Purpose of, and state income tax returns and a report of would define terms related to annuity Statutory Basis for, the Proposed Rule the investment activities of the Fund contracts under the Securities Act of Change during such year. 1933, and whether to adopt 6. Each Fund will maintain and amendments related to periodic In its filing with the Commission, the preserve, for the life of each such Fund reporting requirements under the Exchange included statements and at least six years thereafter, such Securities Exchange Act of 1934. concerning the purpose of, and basis for, accounts, books, and other documents At times, changes in Commission the proposed rule change, and discussed as constitute the record forming the priorities require alterations in the any comments it received on the basis for the financial statements and scheduling of meeting items. proposed rule change. The text of these annual reports of such Fund to be For further information and to statements may be examined at the provided to its Fund Investors, and ascertain what, if any, matters have been places specified in Item IV below. The agree that all such records will be added, deleted or postponed, please Exchange has prepared summaries, set subject to examination by the contact: The Office of the Secretary at forth in Sections A, B, and C below, of Commission and its staff. All such (202) 551–5400. the most significant aspects of such records will be maintained in an easily Dated: December 10, 2008. statements. accessible place for at least the first two Florence E. Harmon, years. A. Self-Regulatory Organization’s Acting Secretary. Statement of the Purpose of, and For the Commission, by the Division of [FR Doc. E8–29683 Filed 12–12–08; 8:45 am] Statutory Basis for, the Proposed Rule Investment Management, pursuant to delegated authority. BILLING CODE 8011–01–P Change Florence E. Harmon, 1. Purpose Acting Secretary. SECURITIES AND EXCHANGE The purpose of the filing is to modify [FR Doc. E8–29560 Filed 12–12–08; 8:45 am] COMMISSION the permissible expiration dates for BILLING CODE 8011–01–P [Release No. 34–59060; File No. SR–CBOE– FLEX Options. These options are 2008–115] governed by Exchange Chapters XXIVA and XXIVB. Under current CBOE Rules SECURITIES AND EXCHANGE Self-Regulatory Organizations; COMMISSION 24A.4 and 24B.4, FLEX Options may not Chicago Board Options Exchange, expire on any business day that falls on, Sunshine Act Meeting Incorporated; Notice of Filing of a or within two business days of, a third Proposed Rule Change Related to Friday-of-the-month expiration day for Notice is hereby given, pursuant to FLEX Options Expirations any Non-FLEX Option (an ‘‘Expiration the provisions of the Government in the Friday’’).4 However, subject to certain Sunshine Act, Public Law 94–409, that December 5, 2008. Pursuant to Section 19(b)(1) of the aggregation requirements for cash the Securities and Exchange settled options, the current FLEX Rules Commission will hold an Open Meeting Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 do permit the expiration of FLEX on Wednesday, December 17, 2008 at 10 Options on the same day that Non-FLEX a.m., in the Auditorium, Room L–002. notice is hereby given that on November The subject matter of the Open 19, 2008, Chicago Board Options Exchange, Incorporated (‘‘CBOE’’ or or FLEX Equity Options. FLEX Index Options are Meeting will be: index options that are subject to the FLEX rules in Item 1: The Commission will consider ‘‘Exchange’’) filed with the Securities Chapters XXIVA or XXIVB of the CBOE Rules. whether to approve the 2009 budget of and Exchange Commission FLEX Index Options Series may be approved and the Public Company Accounting (‘‘Commission’’) the proposed rule open for trading on any index that has been change as described in Items I, II, and approved for Non-FLEX Options trading or for Oversight Board and will consider the warrant trading on the Exchange. FLEX Equity related annual accounting support fee III below, which Items have been Options are options on specified equity securities for the Board under Section 109 of the prepared by the Exchange. The that are subject to the FLEX rules in Chapters Sarbanes-Oxley Act of 2002. Commission is publishing this notice to XXIVA or XXIVB of the CBOE Rules. FLEX Equity Item 2: The Commission will consider solicit comments on the proposed rule Options may be on underlying securities that have been approved by the Exchange in accordance with whether to adopt amendments to change from interested persons. CBOE Rule 5.3, which includes but is not limited provide for companies’ financial to stock options and exchange-traded fund options. I. Self-Regulatory Organization’s statement information to be filed with In addition, other products are permitted to be Statement of the Terms of Substance of the Commission in interactive data traded pursuant to the FLEX trading procedures. the Proposed Rule Change For example, credit options are eligible for trading format, according to a specified phase- as FLEX Options pursuant to the FLEX rules in in schedule. The Exchange proposes to amend its Chapters XXIVA and XXIVB. See CBOE Rules Item 3: The Commission will consider rules regarding permissible expiration 24A.1(e) and (f), 24A.4(b)(1) and (c)(1), 24B.1(f) and whether to adopt amendments to dates for Flexible Exchange Options (g), 24B.4(b)(1) and (c)(1), and 28.19. (‘‘FLEX Options’’).3 The text of the 4 For example, under the current rule, a FLEX provide for mutual fund risk/return option could expire on the Tuesday before summary information to be filed with Expiration Friday, but could not expire on the the Commission in interactive data 1 15 U.S.C. 78s(b)(1). Wednesday or Thursday before Expiration Friday. format. The Commission will also 2 17 CFR 240.19b–4. Similarly, a FLEX option could expire on the 3 FLEX Options provide investors with the ability Wednesday after Expiration Friday, but could not consider whether to adopt amendments to customize basic option features including size, expire on the Monday or Tuesday after Expiration to permit investment companies to expiration date, exercise style, and certain exercise Friday. This restriction is hereinafter referred to as submit portfolio holdings information prices. FLEX Options can be FLEX Index Options the ‘‘three business day’’ expiration restriction.

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quarterly index options (‘‘QIX’’) and to impose additional margin as deemed Exchange intends to evaluate the Non-FLEX Weeklys Options expire.5 advisable. continued need for maintaining this The Exchange is now proposing to Beyond the above-described position safeguard and may consider proposing eliminate the expiration date restriction limit and reporting requirements, for changes through a separate rule change so that FLEX Options may expire on any FLEX Options that expire on Expiration filing. business day. Although the expiration Friday, the proposed rule change In conjunction with the elimination of date restrictions would be eliminated, includes an aggregation requirement the expiration date restriction, the the Exchange notes that certain position under CBOE Rules 24A.7 and 24B.7 for proposed rule change also states that, limit and reporting requirements will position limit purposes. Specifically, for provided the options on an underlying continue to apply. FLEX Index Options as long as the options positions remain security or index are otherwise eligible overlying all industry indexes, all micro open, positions in FLEX Options that for FLEX trading, FLEX Options will be narrow-based indexes, and certain expire on Expiration Friday shall be permitted in puts and calls that do not broad-based indexes remain subject to aggregated with positions in Non-FLEX have the same exercise style, same position limits under CBOE Rules 24A.7 Options on the same underlying (e.g., expiration date and same exercise price and 24B.7. FLEX Index Options on the same underlying security in the case as Non-FLEX Options that are already certain other broad-based indexes of a FLEX Equity Option and the same available for trading on the same (specifically the BXM, DJX, NDX, OEX, underlying index in the case of a FLEX underlying security or index. The RUT, SPX, VIX, VXD, VXN, XEO, CBOE Index Option) (referred to as proposed rule change also provides that S&P 500 Three-Month Realized ‘‘comparable Non-FLEX Options’’). FLEX Options will be permitted before Variance and S&P 500 Three-Month Such FLEX Options and comparable (but not after) the options are listed for Realized Volatility), and FLEX Equity Non-FLEX Options would be subject to trading as Non-FLEX Options. Once and Options are not subject to position the position limits that are applicable to if an option series is listed for trading limits but remain subject to reporting the Non-FLEX Options.7 The as a Non-FLEX Option series, (i) all requirements under CBOE Rules 24A.7 aggregation requirement would apply to existing open positions established and 24B.7. Additionally, all FLEX both cash and physically settled under the FLEX trading procedures options remain subject to the position options. shall be fully fungible with transactions reporting requirements of CBOE Rule In addition, in the case of FLEX Index in the respective Non-FLEX Option 4.13(a).6 Moreover, the Exchange and Options only, the proposed rule change series, and (ii) any further trading in the member organizations each have the provides that FLEX Index Options series would be as Non-FLEX options authority, pursuant to CBOE Rule 12.10, expiring on or within two business days subject to the Non-FLEX trading of an Expiration Friday may not have an procedures and rules. 5 Rules 24A.7(d) and 24B.7(d) provide that: exercise settlement value on the For example, a FLEX Trader could (1) Commencing at the close of trading two expiration date determined by reference establish a FLEX Option position in a business days prior to the last trading day of the to the closing price of the index.8 These European-style, am-settled SPX 1650 calendar quarter, positions in P.M. Settled FLEX limitations on exercise settlement value Call option series with an expiration of Index Options (i.e., FLEX Index Options having an Aug 16, 2013 (which would be an exercise settlement value determined by the level calculations are intended to serve as a of the index at the close of trading on the last safeguard against potential adverse Expiration Friday). In such an instance, trading day before expiration) shall be aggregated effects that might be associated with once and if the Non-FLEX, European- with positions in Quarterly Index Options on the triple witching.9 Once approved, the style, am-settled SPX 1650 Call option same index with the same expiration (‘‘comparable series that expires on August 16, 2013 QIX options’’) and shall be subject to the position limits set forth in Rule 24.4, 24.4A or 24.4B, as 7 Thus, as soon as a FLEX Option position that is listed for trading, the established applicable. expires on Expiration Friday is opened and as long FLEX Option position would be fully (2) Commencing at the close of trading two as that position remains open, it would be subject fungible with transactions in the Non- business days prior to the last trading day of the to the position limit aggregation requirement at the FLEX Option series. Any further trading week, positions in FLEX Options that are cash position limits that are applicable to Non-FLEX in the series would be as Non-FLEX settled (i.e., FLEX Index Options or Credit Default Options. By comparison, the position limit Options) shall be aggregated with positions in Short aggregation requirement for FLEX Index Options Options subject to the Non-FLEX Term Option Series on the same underlying (e.g., that expire on the same date as Non-FLEX QIX or trading procedures. same underlying index as a FLEX Index Option) Weekly Options only applies as of the close of CBOE believes that expanding the with the same means for determining exercise trading two business days prior to the last trading eligible dates for FLEX expirations is settlement value (e.g., opening or closing prices of day of the calendar quarter or week, as applicable. the underlying index) and same expiration See note 5, supra; see also CBOE Rules 4.11, important and necessary to the (‘‘comparable Weekly options’’) and shall be subject Position Limits (which contains position limits for Exchange’s efforts to create a product to the position limits set forth in Rule 24.4, 24.4A, Non-FLEX Equity Options); 24.4, Position Limits for and market that provides members and 24.4B or 29.5, as applicable. Broad-Based Index Options; 24.4A, Position Limits investors interested in FLEX-type 6 CBOE Rule 4.13(a) provides that ‘‘[i]n a manner for Industry Index Options; 24.4B, Position Limits options with an improved but and form prescribed by the Exchange, each member for Options on Micro Narrow-Based Indexes as shall report to the Exchange, the name, address, and Defined Under Rule 24.2(d); and 29.5, Position comparable alternative to the over-the- social security or tax identification number of any Limits (which contains position limits for Credit counter (‘‘OTC’’) market in customized customer who, acting alone, or in concert with Options). options, which can take on contract others, on the previous business day maintained 8 A closing exercise settlement value (also characteristics similar to FLEX Options aggregate long or short positions on the same side referred to as a ‘‘p.m. settlement’’) is determined by of the market of 200 or more contracts of any single reference to the reported level of the index as but are not subject to the same class of option contracts dealt in on the Exchange. derived from the closing prices of the component restrictions (such as the three business The report shall indicate for each such class of securities. See CBOE Rules 24A.4(b)(2) and day expiration restriction or the p.m. options, the number of option contracts comprising 24B.4(b)(2). settlement restriction). By expanding each such position and, in the case of short 9 The expiration of the contracts for stock index positions, whether covered or uncovered.’’ For futures, stock index options, and stock options all the eligible expiration dates for FLEX purposes of this Rule, the term ‘‘customer’’ in expire on the same days occurring on the third Options, market participants will now respect of any member includes ‘‘the member, any Friday of March, June, September, and December have greater flexibility in determining general or special partner of the member, any officer (which is referred to as ‘‘triple witching’’). The whether to execute their customized or director of the member, or any participant, as Exchange’s proposed limitations on p.m. such, in any joint, group or syndicate account with settlements would apply during triple witching options in an exchange environment or the member or with any partner, officer or director expirations, as well as on all other Expiration in the OTC market. CBOE believes thereof.’’ CBOE Rule 4.13(d). Fridays. market participants benefit from being

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able to trade these customized options expirations, CBOE no longer believes attributable to excessive FLEX positions in an exchange environment in several that the three business day expiration which expire near or at the expiration ways, including, but not limited to the restriction is necessary to insulate Non- date for Non-FLEX Options, on the other following: (1) Enhanced efficiency in FLEX expirations from the potential hand. CBOE is also cognizant of the initiating and closing out positions; (2) adverse market impacts of FLEX OTC market, in which no position limit, increased market transparency; and (3) expirations.12 To the contrary, CBOE expiration date and p.m. settlement heightened contra-party believes that the restriction actually restrictions apply. In light of these creditworthiness due to the role of The places the Exchange at a competitive considerations,13 CBOE believes this Options Clearing Corporation (‘‘OCC’’) disadvantage to its OTC and futures change is appropriate and reasonable as issuer and guarantor of FLEX counter-parts in the market for and that it will provide market Options. CBOE also believes this change customized options, and unnecessarily participants with additional flexibility is consistent and more competitive with limits market participants’ ability to the existing practice for trading flex- trade in an exchange environment that to determine expiration dates and style options on futures exchanges.10 offers the added benefits of choice of venue that best comport with CBOE notes that when the FLEX transparency, price discovery, liquidity, investors’ particular needs. Option rules were initially proposed and financial stability. Finally, the Exchange has confirmed and approved almost sixteen years ago, Although the expiration date with the OCC that OCC can configure its the Exchange was uncertain what restrictions would be eliminated, the systems to support the expiration of market impacts, if any, excessive FLEX Exchange notes that the above-described FLEX Options on any business day. positions would have on the market or position limit and reporting on firms.11 To minimize the risk of requirements will continue to apply. 2. Statutory Basis adverse market effects, at the time the Moreover, the Exchange and member By expanding permissible expiration FLEX rules were first introduced the organizations each have the authority, Exchange put in place certain position pursuant to CBOE Rule 12.10, to impose dates for FLEX Options, the Exchange limit boundaries (which have been additional margin as deemed advisable. believes the proposed rule change is 14 modified over time) and the CBOE believes these existing safeguards consistent with Section 6(b) of the Act requirement that the FLEX expiration serve sufficiently to help monitor open in general and furthers the objectives of date be no closer than three business interest in FLEX Option series and Section 6(b)(5) of the Act 15 in particular days from any Non-FLEX Option significantly reduce any risk of adverse in that it should promote just and Expiration Friday. However, in light of market effects that might occur as a equitable principles of trade, serve to the Exchange’s experience in trading result of large FLEX exercises in FLEX remove impediments to and perfect the FLEX Options to date, specifically with Option series that expire near Non- mechanism of a free and open market respect to the diversity in FLEX Option FLEX expirations. Beyond this, and a national market system, and trading, the relatively small percentage however, CBOE is also proposing to protect investors and the public interest. FLEX Options trading compared to impose the above-described aggregation The proposed rule change would overall trading on the Exchange, and the requirement for FLEX Options that have provide members and investors with lack of market disruptions or problems the same expiration as comparable Non- additional opportunities to trade caused by or on existing FLEX Option FLEX Options at the position limit customized options in an exchange amounts that are applicable to the Non- environment, and investors would 10 For example, expiration dates for Chicago FLEX Options, and the above-described Mercantile Exchange (‘‘CME’’) flex options may be benefit as a result. specified for any exchange business day up to and limitations on FLEX Index Option p.m. including the day of determination of the final settlements. Further, it is anticipated B. Self-Regulatory Organization’s settlement price of the underlying futures contract. that there would continue to be limited Statement on Burden on Competition In addition, CME flex options are permitted in puts secondary trading in any FLEX Option and calls that do not have the same underlying series having a particular expiration The Exchange does not believe that futures contract, same strike price, same exercise the proposed rule change will impose style, and same expiration date as standard listed date due to the diversity inherent in options that are already available for trading. FLEX Options and that FLEX expiration any burden on competition that is not Trading in standard options under certain flexible concentrations should be rare. necessary or appropriate in furtherance trading procedures is permitted prior to the listing of the purposes of the Act. of such standard options. Once and if the standard In proposing this change to the options are listed, all existing open positions eligible FLEX expiration dates, CBOE is established under the flexible trading procedures cognizant of the need for market 13 Besides the fact that OTC customized options are fully fungible with transactions in the standard participants to have substantial options are not subject to a restriction on expiration date option series, and any further trading in the series and p.m. settlement, the Exchange notes that FLEX is as standard options subject to the standard option transaction capacity and flexibility to Options can be designated as American-style trading procedures. See, e.g., CME Rules 351A.31A hedge their substantial investment (which can be exercised at any time up to the day and 357A.31A, and CME Equity Futures and portfolios, on the one hand, and the before expiration) or European- or European- Options 2007 Information Guide at pages 46–47, potential for adverse effects on the Capped-style (which can be exercised only at located at http://www.cme.com/files/ market or on firms that might be expiration). Though it is possible for FLEX Options EquityIndexManual.pdf. that are American-styled to be exercised any time, 11 See Securities Exchange Act Release Nos. including during the three business day expiration 12 31361 (October 27, 1992) 57 FR 52655 (November In further support of its proposal, the Exchange restriction period, there have been no market 4, 1992)(SR-CBOE–92–17) (notice of filing of also notes that it is not aware of any market disruptions or problems caused by the early proposed rule change relating to Flexible Exchange disruptions or problems caused by customized exercise of American-style FLEX options at or near Options) and 31920 (February 24, 1993), 58 FR options in the OTC or futures markets that expire Non-FLEX expirations. In addition, it is not 12280 (March 3, 1993) (Order approving SR-CBOE– on or near Expiration Friday. Moreover, to the uncommon for similar products across markets to 92–17). At the time of the proposal, the Exchange extent there may be a risk of adverse market effects have the same expiration dates. For example, the also anticipated that there would be limited attributable to options that would otherwise be contracts for stock index futures, stock index secondary trading in any FLEX Option series having traded in a non-transparent fashion in the OTC a particular expiration date due to the diversity market, CBOE believes that such risk would be options, and stock options all expire on the same inherent in FLEX Options and that FLEX expiration lessened by making these customized options triple witching days occurring on the third Friday concentrations should be rare. These observations eligible for trading in an exchange environment of March, June, September, and December. appear to be accurate for the trading in FLEX because of the added transparency, price discovery, 14 15 U.S.C. 78f(b). Options to date. liquidity, and financial stability available. 15 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s those that may be withheld from the rule change is as follows, with additions Statement on Comments on the public in accordance with the italicized: Proposed Rule Change Received from provisions of 5 U.S.C. 552, will be Rule 802. Appointment of Market Members, Participants, or Others available for inspection and copying in Makers No written comments were solicited the Commission’s Public Reference Room, 100 F Street, NE., Washington, (a) No change. or received with respect to the proposed DC 20549, on official business days (b) (1) The Board or designated rule change. between the hours of 10 a.m. and 3 p.m. committee will allocate equity options III. Date of Effectiveness of the Copies of such filing also will be classes into groupings (‘‘Groups’’ of Proposed Rule Change and Timing for available for inspection and copying at options) and will make appointments to Commission Action the principal office of the Exchange. All those Groups rather than individual classes, except as provided in paragraph Within 35 days of the date of comments received will be posted (f) and Supplementary Material .02 publication of this notice in the Federal without change; the Commission does below. Absent an exemption by the Register or within such longer period (i) not edit personal identifying Exchange, an appointment of a market as the Commission may designate up to information from submissions. You should submit only information that maker shall be limited to the options 90 days of such date if it finds such you wish to make available publicly. All classes trading in no more than one longer period to be appropriate and submissions should refer to File Group for each Membership held by the publishes its reasons for so finding or Number SR-CBOE–2008–115 and market maker. (ii) as to which the self-regulatory should be submitted on or before (2) No change. organization consents, the Commission January 5, 2009. (c)–(f) No change. will: For the Commission, by the Division Supplementary Material to Rule 802 (A) By order approve such proposed of Trading and Markets, pursuant to rule change, or delegated authority.16 .01 No change. (B) Institute proceedings to determine .02 A Member that is approved to whether the proposed rule change act in the capacity of a Competitive should be disapproved. Florence E. Harmon, Market Maker with respect to one or Acting Secretary. IV. Solicitation of Comments more CMM Rights may voluntarily be [FR Doc. E8–29556 Filed 12–12–08; 8:45 am] appointed to act as an ‘‘Alternative Interested persons are invited to BILLING CODE 8011–01–P Primary Market Maker,’’ so long as the submit written data, views, and Exchange has determined that such arguments concerning the foregoing, Member has the appropriate systems including whether the proposed rule SECURITIES AND EXCHANGE and procedures in place to undertake change is consistent with the Act. COMMISSION the responsibilities of a Primary Market Comments may be submitted by any of [Release No. 34–59053; File No. SR–ISE– Maker. the following methods: 2008–90] (a) The Exchange may appoint an Electronic Comments Alternative Primary Market Maker to an Self-Regulatory Organizations; options class only in the event that no • Use the Commission’s Internet International Securities Exchange, Primary Market Makers or Second comment form (http://www.sec.gov/ LLC; Notice of Filing of Proposed Rule Market Primary Market Makers seek rules/sro.shtml); or Change Relating to Alternative Primary allocation of the security. • Send an e-mail to rule- Market Makers (b) If no Primary Market Makers or [email protected]. Please include File December 4, 2008. Second Market Primary Market Makers Number SR–CBOE–2008–115 on the seek allocation of an options class, all subject line. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the eligible Competitive Market Makers will Paper Comments ‘‘Act’’),1 and Rule 19b–4 thereunder,2 be given notice and an opportunity to • notice is hereby given that on November seek allocation of the security as an Send paper comments in triplicate Alternative Primary Market Maker. Such to Secretary, Securities and Exchange 21, 2008, the International Securities Exchange, LLC (the ‘‘Exchange’’ or the allocations will be made by the Commission, 100 F Street, NE., Allocation Committee according to the Washington, DC 20549–1090. ‘‘ISE’’) filed with the Securities and Exchange Commission the proposed guidelines contained in Rule 802. All submissions should refer to File rule change as described in Items I, II, (c) An Alternative Primary Market Number SR–CBOE–2008–115. This file and III below, which items have been Maker shall have all of the number should be included on the prepared by the self-regulatory responsibilities and privileges of a subject line if e-mail is used. To help the organization. The Commission is Primary Market Maker under the Rules Commission process and review your publishing this notice to solicit with respect to all appointed options comments more efficiently, please use comments on the proposed rule change classes. only one method. The Commission will from interested persons. (d) Options classes allocated to post all comments on the Commission’s Alternative Primary Market Makers may Internet Web site (http://www.sec.gov/ I. Self-Regulatory Organization’s be traded in the Second Market as rules/sro.shtml). Copies of the Statement of the Terms of Substance of provided in Chapter 9 of the Rules. With submission, all subsequent the Proposed Rule Change respect to options classes traded in the amendments, all written statements The ISE proposes to amend Rule 802 First Market, such classes will not be with respect to the proposed rule to provide for an Alternative Primary allocated to a particular Group under change that are filed with the Market Maker. The text of the proposed Rule 802(b)(1), and all Competitive Commission, and all written Market Makers shall be eligible for communications relating to the 16 17 CFR 200.30–3(a)(12). appointment to such classes. proposed rule change between the 1 U.S.C. 78s(b)(1). (e) If an Alternative Primary Market Commission and any person, other than 2 17 CFR 240.19b–4. Maker ceases trading of an options

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class, the class will be reallocated by the Alternative PMM, the Exchange must general, to protect investors and the Exchange to a Primary Market Maker or first determine that a CMM has the public interest. In particular, the another Alternative Primary Market appropriate systems and procedures in proposed rule change will allow the Maker, as appropriate. place to undertake the responsibilities Exchange to allocate more new products * * * * * of a PMM. Further, before an Alternative and continue listing existing products PMM is appointed to an options class, for the benefit of both investors and the II. Self-Regulatory Organization’s that options class will always be offered Exchange. Further, the Exchange Statement of the Purpose of, and first to the PMMs or Second Market believes that Alternative PMMs will Statutory Basis for, the Proposed Rule PMMs (as applicable) under the make ISE a more competitive market. Change Exchange’s regular allocation procedure. B. Self-Regulatory Organization’s Rule 802(b)(1) currently states that the In its filing with the Commission, the Statement on Burden on Competition self-regulatory organization included Board or a designated committee will statements concerning the purpose of, make appointments to ‘‘Groups’’ of The proposed rule change does not and basis for, the proposed rule change options rather than individual classes. impose any burden on competition that and discussed any comments it received For the purpose of allocating a product, is not necessary or appropriate in on the proposed rule change. The text i.e., an individual options class, to an furtherance of the purposes of the Act. of these statements may be examined at Alternative PMM, the Exchange C. Self-Regulatory Organization’s the places specified in Item IV below. proposes to carve out an exception in Statement on Comments on the The self-regulatory organization has Rule 802(b)(1) pursuant to which the Proposed Rule Change Received From prepared summaries, set forth in Allocation Committee shall allocate Members, Participants, or Others individual options classes to an sections A, B and C below, of the most The Exchange has not solicited, and significant aspects of such statements. Alternative PMM in accordance with Supplementary Material .02 to Rule 802. does not intend to solicit, comments on A. Self-Regulatory Organization’s The options class may be a new listing this proposed rule change. The Statement of the Purpose of, and or a listing that the current PMM or Exchange has not received any Statutory Basis for, the Proposed Rule Second Market PMM (as applicable) no unsolicited written comments from Change longer wishes to make a market in. members or other interested parties. 1. Purpose Under the proposal, if no PMMs or III. Date of Effectiveness of the Second Market PMMs (as applicable) Proposed Rule Change and Timing for The Exchange proposes to enhance its want the allocation, then the Alternative Commission Action market by establishing Alternative PMMs will be offered the opportunity to Primary Market Makers (‘‘Alternative serve as PMM in the options class Within 35 days of the date of PMMs’’). Currently, when the ISE lists according to ISE’s regular allocation publication of this notice in the Federal new options classes, it allocates them to procedures. Once appointed to an Register or within such longer period (i) one of its Primary Market Makers options class, the Alternative PMM will as the Commission may designate up to (‘‘PMMs’’) under Rule 802. Pursuant to have all of the responsibilities and 90 days of such date if it finds such power delegated to the Board, an privileges of a PMM under the Rules longer period to be appropriate and Allocation Committee, which consists of with respect to all appointed options publishes its reasons for so finding or representatives of Electronic Access classes. For example, Alternative PMMs (ii) as to which the self-regulatory Members, makes allocation decisions will enjoy privileges that include, organization consents, the Commission according to the guidelines contained in among other things, participation rights will: (A) By order approve such proposed Rule 802. Under Rule 802, allocations and small order execution preference are voluntary, and at times ISE is unable rule change; or while accepting responsibilities that (B) Institute proceedings to determine to list new products because none of the include, among other things, the PMMs are interested in trading the whether the proposed rule change obligation to provide continuous should be disapproved. class. At other times, ISE must delist quotations in the options class to which certain products due to lack of PMM the Alternative PMM is appointed, to IV. Solicitation of Comments interest. Most frequently, this occurs conducting the opening rotation on a Interested persons are invited to with respect to options on stocks that daily basis for as long as the Alternative submit written data, views, and have pending corporate actions, and PMM is appointed to that options class. arguments concerning the foregoing, options products that are not listed at Finally, if an Alternative PMM ceases including whether the proposed rule any other options exchange. Despite the trading of an options class, that options change is consistent with the Act. lack of PMM interest, these products class will be reallocated by the Comments may be submitted by any of may be of interest to other market Exchange. An Alternative PMM will not the following methods: making firms at the Exchange. have any transferable rights in options To better enable the Exchange to list classes to which it is appointed nor will Electronic Comments and retain these options classes, ISE it have any PMM voting rights. • Use the Commission’s Internet proposes to appoint Competitive Market 2. Statutory Basis comment form (http://www.sec.gov/ Makers (‘‘CMMs’’) that meet certain rules/sro.shtml); or qualifications as Alternative PMMs The basis under the Securities • Send an e-mail to rule- when none of the PMMs want an Exchange Act of 1934 (‘‘Exchange Act’’) [email protected]. Please include File allocation.3 Specifically, under this for this proposed rule change is the Number SR–ISE–2008–90 on the subject proposal, in order to be appointed as an requirement under Section 6(b)(5) that line. an exchange have rules that are 3 Only CMMs that own or lease CMM Rights shall designed to promote just and equitable Paper Comments be eligible to be appointed as an Alternative PMM. principles of trade, and to remove • Send paper comments in triplicate That is, Electronic Access Members (‘‘EAMs’’) acting as market makers in the Second Market will impediments to and perfect the to Secretary, Securities and Exchange not be eligible to be appointed as Alternative mechanism for a free and open market Commission, 100 F Street, NE., PMMs. and a national market system, and in Washington, DC 20549–1090.

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All submissions should refer to File 19(b)(1) of the Securities Exchange Act to 40. The Exchange believes that Number SR–ISE–2008–90. This file of 1934 (the ‘‘Act’’),1 and Rule 19b–4 lowering the requirement will attract number should be included on the thereunder,2 a proposed rule change additional market making participants subject line if e-mail is used. To help the relating to the Exchange’s quoting on the ISE. Commission process and review your obligations for Competitive Market Finally, the Exchange proposes to comments more efficiently, please use Makers (‘‘CMMs’’). The proposed rule amend Rule 805 (Market Maker Orders) only one method. The Commission will change was published for comment in regarding the percentage of volume a post all comments on the Commission’s the Federal Register on November 3, CMM may execute in options to which Internet Web site (http://www.sec.gov/ 2008.3 The Commission received no it is not appointed. Specifically, Rule rules/sro.shtml). Copies of the comments on the proposal. This order 805 currently provides that a CMM may submission, all subsequent approves the proposed rule change. execute up to 25% of its volume in amendments, all written statements options classes to which it is not with respect to the proposed rule II. Description of the Proposal appointed. Because the Exchange is change that are filed with the The Exchange proposes to amend ISE lowering the number of appointed Commission, and all written Rules 713, 804 and 805 to change the classes in which a CMM is required to communications relating to the quoting obligation for the Exchange’s quote, the Exchange believes it is proposed rule change between the CMMs. ISE currently requires CMMs to appropriate to base the 25% allowance Commission and any person, other than participate in the opening and maintain on volume that is executed while a those that may be withheld from the continuous quotations in all of the CMM is actually fulfilling its market public in accordance with the series of at least 60 per cent of the maker quotation obligations. provisions of 5 U.S.C. 552, will be options classes in the bin or 60 classes, III. Discussion and Commission available for inspection and copying in whichever is less. In addition, if a CMM Findings the Commission’s Public Reference chooses to quote any series of an Room, 100 F Street, NE., Washington, options class above and beyond this After careful review, the Commission DC 20549, on official business days minimum requirement, it must then finds that the proposed rule change is between the hours of 10 a.m. and 3 p.m. maintain continuous quotations in all of consistent with the requirements of the Copies of the filing also will be available the series of that class throughout that Act and the rules and regulations for inspection and copying at the trading day. In September 2007, the thereunder applicable to a national 6 principal office of the ISE. All Exchange initiated a pilot to reduce the securities exchange. In particular, the comments received will be posted quoting obligations for CMMs in 20 Commission finds that the proposal is without change; the Commission does options classes.4 Under the Pilot, CMMs consistent with Section 6(b)(5) of the 7 not edit personal identifying were required to maintain quotations in Act, which requires that an exchange information from submissions. You only 60 per cent of the series of an have rules designed to promote just and should submit only information that options class overlying the pilot equitable principles of trade, to remove you wish to make available publicly. All program securities. The Pilot recently impediments to and perfect the submissions should refer to File expired and the Exchange now proposes mechanism of a free and open market Number SR–ISE–2008–90 and should be to change the quoting requirements for and a national market system, and, in submitted on or before January 5, 2009. CMMs on a permanent basis. general, to protect investors and the The Exchange does not believe that public interest. For the Commission, by the Division of The Commission believes that the Trading and Markets, pursuant to delegated the reduced quoting obligations adopted authority.4 as part of the Pilot have had any proposed rule change, which is intended to reduce the number of Florence E. Harmon, negative effect on the quality of its options quotations required to be markets.5 Therefore, ISE proposes to Acting Secretary. submitted without adversely affecting adopt the 60 per cent standard for all [FR Doc. E8–29555 Filed 12–12–08; 8:45 am] the quality of the Exchange’s markets, is options series on a permanent basis, BILLING CODE 8011–01–P consistent with the Act. The except for CMMs that receive Commission notes that the Exchange preferenced order flow. The Exchange has operated a one-year Pilot program proposes that a CMM will be required SECURITIES AND EXCHANGE that reduced the quoting obligations for to maintain continuous quotations in at COMMISSION CMMs and during the Pilot period the least 90% of the series of any option [Release No. 34–59066; File No. SR–ISE– Exchange did not observe any adverse class in which it receives preferenced 2008–78] effect on its market.8 The Commission orders. believes it is appropriate to adopt the The Exchange also proposes to lower Self-Regulatory Organizations; modified quotation obligations for the minimum number of options classes International Securities Exchange, CMMs on a permanent basis. In that a CMM is required to quote from 60 LLC; Order Approving Proposed Rule addition, the Commission believes that Change Relating to Quoting it is appropriate to reduce the quoting 1 15 U.S.C. 78s(b)(1). Obligations for Competitive Market obligations of a CMM because the Makers 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 58861 percentage of volume a CMM may December 8, 2008. (October 27, 2008), 73 FR 65432 (the ‘‘Notice’’). 4 See Securities Exchange Act Release No. 56444 6 In approving this proposed rule change, the I. Introduction (September 14, 2007), 72 FR 54089 (September 21, Commission notes that it has considered the 2007) (Order Granting Approval of SR–ISE–2007–45 proposed rule’s impact on efficiency, competition, On October 21, 2008, the International Relating to a Quote Mitigation Plan for Competitive and capital formation. 15 U.S.C. 78c(f). Securities Exchange, LLC (‘‘ISE’’ or Market Makers) (the ‘‘Pilot’’). 7 15 U.S.C. 78f(b)(5). ‘‘Exchange’’) filed with the Securities 5 According to the Exchange, in practice, market 8 The Commission notes that it has already and Exchange Commission makers simply widen their quotations when they do approved internal quote mitigation strategies on not want to trade in a particular series, so requiring other exchanges that relieve some market makers of (‘‘Commission’’), pursuant to Section them to maintain continuous quotations in all series the obligation to quote every series of every class merely increases capacity requirements for the to which they are appointed. See Phlx Rule 4 17 CFR 200.30–3(a)(12). market makers. 1014(b)(ii)(D)(1) and Amex Rule 994(c)(iv).

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execute in options classes to which it is Commission (the ‘‘Commission’’) the NYSE HYBRID MARKETSM (‘‘Hybrid not appointed will be based on volume proposed rule change as described in Market’’).5 that is executed in those options classes Items I and II below, which Items have During each phase of the Hybrid in which a CMM maintains continuous been prepared by the self-regulatory Market, the NYSE implemented new quotes in fulfillment of its obligations as organization. The Commission is system functionality that generated a market maker. publishing this notice to solicit additional data to review. As a result, Finally, the Commission believes that comments on the proposed rule change the Exchange was unable to make an it is appropriate to impose a higher from interested persons. informed decision as to the viability of continuous quoting requirement on RCMMs and CTs in the Hybrid Market. CMMs who receive preferenced order I. Self-Regulatory Organization’s The phasing in implementation of the flow because such CMMs receive the Statement of the Terms of Substance of Hybrid Market required the Exchange to benefit of enhanced allocation rights the Proposed Rule Change extend the Moratorium an additional six and therefore should assume an times over a twenty-four (24) month increased obligation to provide The Exchange proposes to extend for period.6 continuous quotations. The Commission three months to March 31, 2009 the On October 24, 2008, the Commission notes that a similar quotation standard moratorium related to the qualification approved the Exchange’s new market for preferred market makers was and registration of Registered model filing (‘‘New Model’’).7 The New previously adopted on another Competitive Market Makers (‘‘RCMMs’’) Model filing: (i) Provided market exchange.9 pursuant to NYSE Rule 107A and participants with additional abilities to Competitive Traders (‘‘CTs’’) pursuant post hidden liquidity on Exchange IV. Conclusion to NYSE Rule 110. The text of the systems; (ii) created a Designated It is therefore ordered, pursuant to proposed rule change is available at Market Maker (‘‘DMM’’), and phased out Section 19(b)(2) of the Act,10 that the www.nyse.com, the NYSE, and the the NYSE specialist; and (iii) enhanced proposed rule change (SR–ISE–2008–78) Commission’s Public Reference Room. the speed of execution through be, and hereby is, approved. technological enhancements and a II. Self-Regulatory Organization’s reduction in message traffic between For the Commission, by the Division of Statement of the Purpose of, and Exchange systems and its DMMs. In Trading and Markets, pursuant to delegated Statutory Basis for, the Proposed Rule authority.11 light of the implementation of the New Change Florence E. Harmon, Model, the Exchange requested an Acting Secretary. In its filing with the Commission, the extension of the Moratorium to evaluate [FR Doc. E8–29559 Filed 12–12–08; 8:45 am] self-regulatory organization included the viability of the RCMMs and CTs in BILLING CODE 8011–01–P statements concerning the purpose of, the proposed New Model two times over 8 and basis for, the proposed rule change a six (6) month period. and discussed any comments it received The Exchange is currently SECURITIES AND EXCHANGE on the proposed rule change. The text implementing the second phase (‘‘Phase COMMISSION of those statements may be examined at 2’’) of technology required for the the places specified in Item IV below. operation of the New Model. Upon [Release No. 34–59069; File No. SR–NYSE– completion of the installation of the 2008–124] The Exchange has prepared summaries, Phase 2 technology,9 the New Model set forth in sections A, B, and C below, will operate as a pilot scheduled to end Self-Regulatory Organizations; Notice of the most significant parts of such on October 1, 2009. Accordingly, the of Filing and Immediate Effectiveness statements. of Proposed Rule Change by New York Exchange seeks to have the ability to Stock Exchange LLC Extending for A. Self-Regulatory Organization’s review data that will be generated as a Three Months to March 31, 2009 the Statement of the Purpose of, and Moratorium Related to the Statutory Basis for, the Proposed Rule 5 See Securities Exchange Act Release No. 53539 Change (March 22, 2006), 71 FR 16353 (March 31, 2006) Qualification and Registration of (SR–NYSE–2004–05) (establishing the NYSE Registered Competitive Market Makers 1. Purpose HYBRID MARKETSM). Pursuant to NYSE Rule 107A and 6 See e-mail from Jennifer Kim, Counsel, NYSE to Competitive Traders Pursuant to NYSE The Exchange proposes to extend for Sara Gillis, Special Counsel, Division of Trading and Markets, Commission, dated December 4, 2008; Rule 110 three months to March 31, 2009 the See Securities Exchange Act Release Numbers moratorium related to the qualification 54140 (July 13, 2006), 71 FR 41491 (July 21, 2006) December 8, 2008. and registration of RCMMs pursuant to (SR–NYSE–2006–48); 54985 (December 21, 2006), Pursuant to Section 19(b)(1) 1 of the NYSE Rule 107A and CTs pursuant to 72 FR 171 (January 3, 2007) (SR–NYSE–2006–113); Securities Exchange Act of 1934 (the 55992 (June 29, 2007), 72 FR 37289 (July 9, 2007) NYSE Rule 110. ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 (SR–NYSE–2007–57); 56556 (September 27, 2007), notice is hereby given that, on December On September 22, 2005, the Exchange 72 FR 56421 (October 3, 2007) (SR–NYSE–2007– 4 86); 57072 (December 31, 2007), 73 FR 1252 2, 2008, New York Stock Exchange LLC filed SR–NYSE–2005–63 with the (January 7, 2008) (SR–NYSE–2007–125); 57601 (‘‘NYSE’’ or the ‘‘Exchange’’) filed with Securities and Exchange Commission (April 2, 2008), 73 FR 19123 (April 8, 2008) (SR– the Securities and Exchange (‘‘Commission’’) proposing to NYSE–2008–22). implement a moratorium on the 7 See Securities Exchange Act Release No. 58845 (October 24, 2008), 73 FR 64379 (October 29, 2008) 9 See CBOE Rule 8.13(b)(iii) (requiring a preferred qualification and registration of new (SR–NYSE–2008–46). market-maker to provide continuous electronic RCMMS and CTs (‘‘Moratorium’’). The 8 See e-mail from Jennifer Kim, Counsel, NYSE to quotes in at least 90% of the series of each class purpose of the Moratorium was to allow Sara Gillis, Special Counsel, Division of Trading for which it receives preferred market-maker and Markets, Commission, dated December 4, 2008; orders). the Exchange an opportunity to review See Securities Exchange Act Release Numbers 10 15 U.S.C. 78s(b)(2). the viability of RCMMs and CTs in the 58033 (June 26, 2008), 73 FR 38265 (July 3, 2008) 11 17 CFR 200.30–3(a)(12). (SR–NYSE–2008–49); 58713 (October 2, 2008), 73 1 15 U.S.C.78s(b)(1). 4 See Securities Exchange Act Release No. 52648 FR 59024 (October 8, 2008) (SR–NYSE–2008–96). 2 15 U.S.C. 78a. (October 21, 2005), 70 FR 62155 (October 28, 2005) 9 Phase 2 is scheduled to be completed no later 3 17 CFR 240.19b-4. (SR–NYSE–2005–63). than January 2, 2009.

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part of the complete operation of the III. Date of Effectiveness of the Commission, 100 F Street, NE., New Model related to RCMM and CT Proposed Rule Change and Timing for Washington, DC 20549–1090. trading. Once Phase 2 implementation is Commission Action All submissions should refer to File complete, the NYSE will have the fuller The proposed rule change is effective Number SR–NYSE–2008–124. This file data set to decide what roles, if any, upon filing pursuant to Section number should be included on the RCMMs and CTs should perform at the 19(b)(3)(A) of the Act.13 The Exchange subject line if e-mail is used. To help the NYSE. Thereafter, the Exchange will asserts that the proposed rule change (i) Commission process and review your formally submit a proposal to the will not significantly affect the comments more efficiently, please use Commission outlining the roles, if any, protection of investors or the public only one method. The Commission will these classes of traders have in the interest, (ii) will not impose any post all comments on the Commission’s Exchange’s New Model market. The significant burden on competition, and Internet Web site (http://www.sec.gov/ Exchange is therefore proposing to (iii) by its terms, will not become rules/sro.shtml). Copies of the extend the Moratorium as amended 10 operative for 30 days after the date of submission, all subsequent for an additional three (3) months to this filing, or such shorter time as the amendments, all written statements March 31, 2009 in order to finalize its Commission may designate, if with respect to the proposed rule determination as to the roles of RCMMs consistent with the protection of change that are filed with the and CTs at the NYSE. investors and the public interest; Commission, and all written The Exchange will issue an provided that the self-regulatory communications relating to the proposed rule change between the Information Memo announcing the organization has given the Commission Commission and any person, other than extension of the Moratorium. written notice of its intent to file the proposed rule change, along with a brief those that may be withheld from the 2. Statutory Basis description and text of the proposed public in accordance with the provisions of 5 U.S.C. 552, will be 11 rule change, at least five business days The basis under the Act for this prior to the date of filing of the available for inspection and copying in proposed rule change is the requirement proposed rule change, or such shorter the Commission’s Public Reference 12 under Section 6(b)(5) that an time as designated by the Commission. Room, on official business days between exchange have rules that are designed to The Exchange has satisfied the the hours of 10 a.m. and 3 p.m. Copies promote just and equitable principles of requirement that it give the Commission of the filing also will be available for trade, to remove impediments to and written notice of its intent to file the inspection and copying at the principal perfect the mechanism of a free and proposed rule change, along with a brief office of the Exchange. All comments open market and a national market description and text of the proposed received will be posted without change; system and, in general, to protect rule change, at least five business days the Commission does not edit personal investors and the public interest. The prior to the date of filing of the identifying information from Exchange believes that the instant filing proposed rule change, or such shorter submissions. You should submit only is consistent with these principles in time as designated by the Commission. information that you wish to make that the review of data associated with At any time within 60 days of the available publicly. All submissions RCMM and CT trading in light of the filing of the proposed rule change, the should refer to File Number SR–NYSE– significant developments in its Commission may summarily abrogate 2008–124 and should be submitted on technology and New Model will allow the rule change if it appears to the or before January 5, 2009. the Exchange to make an informed Commission that such action is For the Commission, by the Division of decision as to the viability of RCMMs necessary or appropriate in the public Trading and Markets, pursuant to delegated and CTs in this evolving marketplace interest, for the protection of investors, authority.14 and may potentially remove or otherwise in furtherance of the Florence E. Harmon, impediments to and better improve the purposes of the Act. Acting Secretary. mechanism of a free and open market. IV. Solicitation of Comments [FR Doc. E8–29554 Filed 12–12–08; 8:45 am] B. Self-Regulatory Organization’s BILLING CODE 8011–01–P Interested persons are invited to Statement on Burden on Competition submit written data, views and The Exchange does not believe that arguments concerning the foregoing, SECURITIES AND EXCHANGE the proposed rule change will impose including whether the proposed rule COMMISSION any burden on competition that is not change is consistent with the Act. Comments may be submitted by any of [Release No. 34–59064; File No. SR–NYSE– necessary or appropriate in furtherance 2008–91] of the purposes of the Act. the following methods: C. Self-Regulatory Organization’s Electronic Comments Self-Regulatory Organizations; New York Stock Exchange LLC; Order Statement on Comments on the • Use the Commission’s Internet Approving Proposed Rule Change To Proposed Rule Change Received From comment form (http://www.sec.gov/ Adopt a Policy Relating to Its Members, Participants, or Others rules/sro.shtml); or Treatment of Trade Reports That It • Send an e-mail to rule- Determines To Be Inconsistent With No written comments were solicited [email protected]. Please include File the Prevailing Market or received with respect to the proposed Number SR–NYSE–2008–124 on the rule change. subject line. December 5, 2008.

10 See Securities Exchange Act Release No. 53549 Paper Comments I. Introduction (March 24, 2006), 71 FR 16388 (March 31, 2006) • Send paper comments in triplicate (SR–NYSE–2006–11) (making certain amendments On September 26, 2008, the New York to the Moratorium). to Secretary, Securities and Exchange Stock Exchange LLC (‘‘NYSE’’ or 11 15 U.S.C. 78a. 12 15 U.S.C. 78f(b)(5). 13 15 U.S.C. 78s(b)(3)(A). 14 17 CFR 200.30–3(a)(12).

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‘‘Exchange’’) filed with the Securities still valid trades. The Exchange will consult with the listing exchange and and Exchange Commission inform the affected listed company each with other markets (in the case of (‘‘Commission’’), pursuant to Section time the Exchange or another market 4 executions that take place across 19(b)(1) of the Securities Exchange Act appends the Aberrant Report Indicator multiple markets) and to seek a of 1934 (‘‘Act’’) 1 and Rule 19b–4 to a trade in an NYSE-listed stock and consensus as to whether the trade price thereunder,2 a proposed rule change to will remind the users of the information is consistent with the prevailing market allow the Exchange to exercise the that these are still valid trades in that for the security. discretion to append an indicator (an they were executed and not broken, In monitoring trade prices that may be ‘‘Aberrant Report Indicator’’) to a trade such as in the case of clearly erroneous inconsistent with the prevailing market, report to indicate that the market trades. the Exchange proposes that Exchange believes that the trade price in a trade The NYSE noted that, while the policy will be to follow the following executed on that market does not Consolidated Tape Association general guidelines: The Exchange will accurately reflect the prevailing market disseminates its own calculations of review whether a trade price does not for the security. The proposed rule high, low and last sale prices, vendors reflect the prevailing market for a change was published for comment in and other data recipients frequently security if the trade occurs during the Federal Register on October 10, determine their own methodology by regular trading hours (i.e., 9:30 a.m. to 2008.3 The Commission received no which they wish to calculate high, low 4 p.m.) and occurs at a price that comments on the proposal. This order and last sale prices. Therefore, the deviates from the ‘‘Reference Price’’ by approves the proposed rule change. Exchange proposes to explain to those an amount that meets or exceeds the vendors and other data recipients the following thresholds: II. Description of the Proposal potential impact of including in those Trades in listed securities Numerical calculations a trade to which the Trade price threshold occasionally occur at prices that deviate Aberrant Report Indicator has been (percent) significantly from prevailing market appended. prices and those trades sometimes In determining whether to append the Between $0 and $15.00 ...... Seven. establish a high, low or last sale price Aberrant Report Indicator, the Exchange Between $15.01 and $50.00 ..... Five. for a security that does not reflect the will consider all factors related to a In excess of $50.00 ...... Three. true market for the security. trade, including, but not limited to, the The Exchange proposes to adopt as following: The ‘‘Reference Price’’ refers to: (a) If policies of the Exchange that it will: • Material news released for the the primary market for the security is i. Monitor for trade prices that do not security; open at the time of the trade, the accurately reflect the prevailing market • Suspicious trading activity; national best bid or offer for the for a security; • System malfunctions or security; or (b) if the primary market for ii. Append an Aberrant Report disruptions; the security is not open at the time of Indicator to any trade report with • Locked or crossed markets; the trade, the first executable quote or respect to any trade executed on the • A recent trading halt or resumption print for the security on the primary Exchange that the Exchange determines of trading in the security; market after execution of the trade in to be inconsistent with the prevailing • Whether the security is in its initial question. However, if the circumstances market; and public offering; suggest that a different Reference Price iii. Discourage vendors and other data • Volume and volatility for the would be more appropriate, the recipients from using prices to which security; Exchange will use the different the Exchange has appended the • Whether the trade price represents Reference Price. For instance, if the Aberrant Report Indicator in any a 52-week high or low for the security; national best bid and offer for the calculation of the high, low or last sale • Whether the trade price deviates security are so wide as to fail to reflect price of a security. significantly from recent trading the market for the security, the The Exchange proposes to append patterns in the security; Exchange might use as the Reference retroactively the Aberrant Report • Whether the trade price reflects a Price a trade price or best bid or offer Indicator to trades that do not accurately stock-split, reorganization or other that was available prior to the trade in reflect the prevailing market for a corporate action; question. security, commencing as of January 1, • The validity of consolidated tape If the Exchange determines that a 2007. trades and quotes in comparison to trade price does not reflect the The Exchange intends to urge vendors national best bids and offers; and prevailing market for a security and the to disclose the exclusion from high, low • The general volatility of market trade represented the last sale of the or last sale price data of any aberrant conditions. security on the Exchange during a trades excluded from high, low or last Currently, the Exchange does not trading session, the Exchange may also sale price information that they trade on an unlisted trading privilege determine to remove that trade’s disseminate and to provide to data users (‘‘UTP’’) basis any securities listed on designation as the last sale. The an explanation of the parameters used other markets. In the event that the Exchange may do so either on the day in the Exchange’s aberrant trade policy. Exchange commences UTP trading at of the trade or at a later date, so as to Upon adoption of the Aberrant Report some future date, the Exchange provide reasonable time for the Indicator, the Exchange also will contact proposes that its policy will be to Exchange to conduct due diligence all of its listed companies to explain the regarding the trade, including the aberrant trade policy and will notify 4 The Commission notes that any proposal by consideration of input from other users of the information that these are another regulatory organization to establish a policy markets and market participants. to append an Aberrant Report Indicator to any trade report with respect to any trade executed on its III. Discussion 1 15 U.S.C. 78s(b)(1). market that it determines to be inconsistent with After careful review, the Commission 2 17 CFR 240.19b–4. the prevailing market must be filed with the 3 See Securities Exchange Act Release No. 58736 Commission as a proposed rule change under finds that the proposed rule change is (October 6, 2008), 73 FR 60380. Section 19(b) of the Act. consistent with the requirements of the

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Act and the rules and regulations SECURITIES AND EXCHANGE Trust Shares (reclassified as Structured thereunder applicable to a national COMMISSION Products), which is based on the securities exchange and, in particular, number of shares outstanding per issue, [Release No. 34–59063; File No. SR– 5 with Section 6(b) of the Act and the NYSEArca–2008–114] would range from $5,000 to $45,000 per rules and regulations thereunder. issue, and the Annual Fee for such Specifically, the Commission finds that Self-Regulatory Organizations; NYSE securities, which also is based on the the proposed rule change is consistent Arca, Inc.; Order Approving Proposed number of shares outstanding per issue, with Section 6(b)(5) of the Act 6 which Rule Change To Revise the Listing and would range from $10,000 to $55,000 requires, among other things, that the Annual Fees Applicable to Paired Trust per issue. rules of a national securities exchange Shares In addition, the Exchange proposes to be designed to prevent fraudulent and make non-substantive changes to December 5, 2008. manipulative acts and practices, to footnote 4 of the Fee Schedule, promote just and equitable principles of I. Introduction including updating the title of NYSE Arca Equities Rule 5.2(j)(6) to include trade, to remove impediments to, and On October 22, 2008, NYSE Arca, Inc. Fixed Income Index-Linked Securities, perfect the mechanism of, a free and (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed Futures-Linked Securities, and open market and a national market with the Securities and Exchange Multifactor Index-Linked Securities. system, to protect investors and the Commission (‘‘Commission’’), pursuant public interest, and are not designed to to Section 19(b)(1) of the Securities III. Discussion and Commission’s permit unfair discrimination between Exchange Act of 1934 (‘‘Act’’) 1 and Rule Findings customers, issuers, brokers or dealers.7 19b–4 thereunder,2 a proposed rule The Commission has carefully The Commission believes that the change amending its Schedule of Fees reviewed the proposed rule change and Exchange’s proposal to append an and Charges for Exchange Services finds that it is consistent with the Aberrant Report Indicator to certain (‘‘Fee Schedule’’) to revise the listing requirements of Section 6 of the Act 4 and annual fees applicable to Paired trade reports is a reasonable means to and the rules and regulations Trust Shares listed on NYSE Arca, LLC alert investors and others that the thereunder applicable to a national (‘‘NYSE Arca Marketplace’’), the 5 Exchange believes that the trade price securities exchange. In particular, the equities facility of NYSE Arca Equities, Commission finds that the proposed for a trade executed in its market does Inc. (‘‘NYSE Arca Equities’’). The not accurately reflect the prevailing rule change is consistent with Section proposed rule change was published for 6 market for the security. In addition, the 6(b)(4) of the Act, which requires that comment in the Federal Register on the rules of the Exchange provide for the Commission notes that the Exchange 3 November 5, 2008. The Commission equitable allocation of reasonable dues, will use objective numerical thresholds received no comment letters on the fees, and other charges among its in determining whether a trade report is proposed rule change. This order members and issuers and other persons eligible to have an Aberrant Trade approves the proposed rule change. using its facilities. Indicator appended to it. The The Commission believes that the Commission further notes that the II. Description of the Proposed Rule Change proposal to reclassify Paired Trust Exchange’s appending the Aberrant Shares as Structured Products for Trade Indicator to a trade report has no Under the current Fee Schedule, purposes of the Fee Schedule effect on the validity of the underlying Paired Trust Shares (listed under NYSE reasonably reflects the similarity of this trade. Arca Equities Rule 8.400) are classified type of product to other Structured as ‘‘Derivative Securities Products.’’ For the reasons set forth above, the Products, the issuers of which do not NYSE Arca proposes to reclassify Paired Commission finds that the proposed hold underlying securities, Trust Shares as ‘‘Structured Products’’ rule change is consistent with the Act. commodities, futures, or other financial for purposes of the Fee Schedule. instruments (other than U.S. Treasuries IV. Conclusion Specifically, the Exchange proposes to and repurchase agreements on U.S. delete the term Paired Trust Shares from Treasuries to secure specified It is therefore ordered, pursuant to footnote 3 of the Fee Schedule (defining obligations), unlike issuers of Derivative Section 19(b)(2) of the Act,8 that the ‘‘Derivative Securities Products’’) and to Securities Products. The Commission proposed rule change (SR–NYSE–2008– add such term to footnote 4 of the Fee notes that, except for the shares of the 91) be, and hereby is, approved. Schedule (defining ‘‘Structured MacroShares $100 Oil Up Trust and the For the Commission, by the Division of Products’’). MacroShares $100 Oil Down Trust, for Trading and Markets, pursuant to delegated As a result of the proposed rule which annual and listing fees for 2008 authority.9 change, the Listing and Annual Fees for have been waived,7 no issue of Paired Paired Trust Shares would change Florence E. Harmon, accordingly. Under the current Fee 4 15 U.S.C. 78f. Acting Secretary. Schedule, the Listing Fee for Paired 5 In approving this proposed rule change, the [FR Doc. E8–29558 Filed 12–12–08; 8:45 am] Trust Shares (classified as Derivative Commission has considered the proposed rule’s BILLING CODE 8011–01–P Securities Products) is $5,000 per issue, impact on efficiency, competition, and capital and the Annual Fee for such securities, formation. See 15 U.S.C. 78c(f). 6 15 U.S.C. 78f(b)(4). which is based on the number of shares 7 See e-mail from Michael Cavalier, Associate 5 15 U.S.C. 78f(b). outstanding per issue, ranges from General Counsel, NYSE Euronext, to Edward Cho, 6 15 U.S.C. 78f(b)(5). $2,000 to $25,000 per issue. Under the Special Counsel, Division of Trading and Markets, 7 In approving this proposed rule change, the proposal, the Listing Fee for Paired Commission, dated November 24, 2008 at 12:25 Commission has considered the proposed rule’s p.m. (‘‘Nov. 24 E-Mail’’); see also Securities Exchange Act Release No. 58598 (September 19, impact on efficiency, competition, and capital 1 15 U.S.C. 78s(b)(1). 2008), 73 FR 55888 (September 26, 2008) (SR– formation. See 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. NYSEArca–2008–78) (approving the waiver of all 8 15 U.S.C. 78s(b)(2). 3See Securities Exchange Act Release No. 58878 Annual Fees for securities delisted from Amex and 9 17 CFR 200.30–3(a)(12). (October 29, 2008), 73 FR 65912. listed on the Exchange in connection with the

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Trust Shares is currently listed on the amended, and Delegation of Authority Museum, Seattle, WA, from on or about Exchange.8 As such, the proposed No. 257 of April 15, 2003 [68 FR 19875], January 23, 2009, until on or about April amendment to the Fee Schedule and the I hereby determine that the objects in 12, 2009, and at possible additional new fee rates for issues of Paired Trust the exhibition: ‘‘Cezanne and Beyond,’’ exhibitions or venues yet to be Shares would equally apply to all future imported from abroad for temporary determined, is in the national interest. issues of Paired Trust Shares listed on exhibition within the United States, are Public Notice of these Determinations is the Exchange under NYSE Arca Equities of cultural significance. The objects are ordered to be published in the Federal Rule 8.400.9 The Commission believes imported pursuant to loan agreements Register. that the proposal is designed to with the foreign owners or custodians. FOR FURTHER INFORMATION CONTACT: For equitably allocate reasonable dues, fees, I also determine that the exhibition or further information, including a list of and other charges among issuers of display of the exhibit objects at The the exhibit objects, contact Carol B. Paired Trust Shares, consistent with the Philadelphia Museum of Art, Epstein, Attorney-Adviser, Office of the requirements of Section 6(b)(4) of the Philadelphia , PA, from on or about Legal Adviser, U.S. Department of State Act.10 The Commission also believes February 19, 2009, until on or about (telephone: 202/453–8048). The address that the additional, non-substantive May 31, 2009, and at possible additional is U.S. Department of State, SA–44, 301 changes to the Fee Schedule further exhibitions or venues yet to be 4th Street, SW., Room 700, Washington, clarify the format and application of the determined, is in the national interest. DC 20547–0001. fees related to Structured Products. Public Notice of these Determinations is Dated: December 8, 2008. ordered to be published in the Federal IV. Conclusion C. Miller Crouch, Register. Principal Deputy Assistant Secretary for It is therefore ordered, pursuant to FOR FURTHER INFORMATION CONTACT: For 11 Educational and Cultural Affairs, Department Section 19(b)(2) of the Act, that the further information, including a list of proposed rule change (SR–NYSEArca– of State. the exhibit objects, contact Julie [FR Doc. E8–29605 Filed 12–12–08; 8:45 am] 2008–114) be, and it hereby is, Simpson, Attorney-Adviser, Office of BILLING CODE 4710–05–P approved. the Legal Adviser, U.S. Department of For the Commission, by the Division of State (telephone: (202–453–8050). The Trading and Markets, pursuant to delegated address is U.S. Department of State, SA– DEPARTMENT OF STATE authority.12 44, 301 4th Street, SW., Room 700, Florence E. Harmon, Washington, DC 20547–0001. [Public Notice 6452] Acting Secretary. Dated: December 5, 2008. Culturally Significant Objects Imported [FR Doc. E8–29557 Filed 12–12–08; 8:45 am] C. Miller Crouch, for Exhibition Determinations: ‘‘Pride BILLING CODE 8011–01–P Principal Deputy Assistant Secretary for of Place: Dutch Cityscapes of the Educational and Cultural Affairs, Department Golden Age’’ of State. SUMMARY: Notice is hereby given of the DEPARTMENT OF STATE [FR Doc. E8–29634 Filed 12–12–08; 8:45 am] following determinations: Pursuant to [Public Notice 6453] BILLING CODE 4710–05–P the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. Culturally Significant Objects Imported 2459), Executive Order 12047 of March for Exhibition Determinations: DEPARTMENT OF STATE 27, 1978, the Foreign Affairs Reform and ‘‘Cezanne and Beyond’’ [Public Notice 6454] Restructuring Act of 1998 (112 Stat. SUMMARY: Notice is hereby given of the 2681, et seq.; 22 U.S.C. 6501 note, et Culturally Significant Objects Imported following determinations: Pursuant to seq.), Delegation of Authority No. 234 of for Exhibition Determinations: ‘‘The the authority vested in me by the Act of October 1, 1999, Delegation of Authority Munich Secession and America’’ October 19, 1965 (79 Stat. 985; 22 U.S.C. No. 236 of October 19, 1999, as 2459), Executive Order 12047 of March SUMMARY: Notice is hereby given of the amended, and Delegation of Authority 27, 1978, the Foreign Affairs Reform and following determinations: Pursuant to No. 257 of April 15, 2003 [68 FR 19875], Restructuring Act of 1998 (112 Stat. the authority vested in me by the Act of I hereby determine that the objects to be 2681, et seq.; 22 U.S.C. 6501 note, et October 19, 1965 (79 Stat. 985; 22 U.S.C. included in the exhibition ‘‘Pride of seq.), Delegation of Authority No. 234 of 2459), Executive Order 12047 of March Place: Dutch Cityscapes of the Golden October 1, 1999, Delegation of Authority 27, 1978, the Foreign Affairs Reform and Age,’’ imported from abroad for No. 236 of October 19, 1999, as Restructuring Act of 1998 (112 Stat. temporary exhibition within the United 2681, et seq.; 22 U.S.C. 6501 note, et States, are of cultural significance. The closing of the purchase of Amex by NYSE seq.), Delegation of Authority No. 234 of objects are imported pursuant to loan Euronext). October 1, 1999, Delegation of Authority agreements with the foreign owners or 8 See Nov. 24 E-Mail, supra note 7. custodians. I also determine that the 9 No. 236 of October 19, 1999, as The Commission notes that, generally, under the exhibition or display of the exhibit Fee Schedule, issues of both Derivative Securities amended, and Delegation of Authority Products and Structured Products are subject to No. 257 of April 15, 2003 [68 FR 19875], objects at the National Gallery of Art, Annual Fees in the year of listing, pro-rated based I hereby determine that the objects to be Washington, DC, from on or about on days listed that calendar year. The Annual Fees included in the exhibition ‘‘The Munich February 1, 2009, until on or about May for such products are billed in January for the 3, 2009, and at possible additional forthcoming year. See Footnote 8 of the Fee Secession and America,’’ imported from Schedule. The Exchange states that the 2009 abroad for temporary exhibition within exhibitions or venues yet to be Annual Fees for the MacroShares $100 Oil Up Trust the United States, are of cultural determined, is in the national interest. and the MacroShares $100 Oil Down Trust will be significance. The objects are imported Public Notice of these Determinations is billed in January 2009 based on the then current ordered to be published in the Federal Fee Schedule. See Nov. 24 E-Mail, supra note 7. pursuant to loan agreements with the 10 15 U.S.C. 78f(b)(4). foreign owners or custodians. I also Register. 11 15 U.S.C. 78s(b)(2). determine that the exhibition or display FOR FURTHER INFORMATION CONTACT: For 12 17 CFR 200.30–3(a)(12). of the exhibit objects at the Frye Art further information, including a list of

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the exhibit objects, contact Carol B. Dated: December 4, 2008. (80 Stat. 917, 16 U.S.C. 470f et seq.); and Epstein, Attorney-Adviser, Office of the C. Miller Crouch, having requested and received the views Legal Adviser, U.S. Department of State Principal Deputy Assistant Secretary for of various of the federal departments (telephone: 202/453–8048). The address Educational and Cultural Affairs, Department and other interested persons; I hereby is U.S. Department of State, SA–44, 301 of State. grant permission, subject to the 4th Street, SW., Room 700, Washington, [FR Doc. E8–29633 Filed 12–12–08; 8:45 am] conditions herein set forth, to the DC 20547–0001. BILLING CODE 4710–05–P United States General Services Administration (GSA) (hereinafter Dated: December 3, 2008. referred to as the ‘‘permittee’’), to C. Miller Crouch, DEPARTMENT OF STATE construct, operate, and maintain a new Principal Deputy Assistant Secretary for [Public Notice 6450] commercial vehicle, passenger vehicle, Educational and Cultural Affairs, Department and pedestrian land border crossing of State. Issuance of a Presidential Permit (hereinafter referred to as ‘‘Otay Mesa [FR Doc. E8–29630 Filed 12–12–08; 8:45 am] Authorizing the Construction, East’’), approximately two miles east of BILLING CODE 4710–05–P Operation and Maintenance of the Otay the existing Otay Mesa border crossing Mesa East Border Crossing Near San near San Diego, California. Diego, CA, at the International The term ‘‘facilities’’ as used in this DEPARTMENT OF STATE Boundary Between the United States permit means the facilities proposed to and Mexico be constructed at the Otay Mesa East [Public Notice 6451] border crossing near San Diego, SUMMARY: The Department of State California. These facilities are likely to Culturally Significant Objects Imported issued a Presidential permit, effective consist of the following improvements for Exhibition Determinations: ‘‘Tales December 8, 2008, authorizing the and structures: in Sprinkled Gold: Japanese Lacquer General Services Administration to • Inspection and X-Ray Facilities for European Collectors’’ construct, operate, and maintain a • Containment Areas and Docks vehicular and pedestrian border • Commercial Inspection Building SUMMARY: Notice is hereby given of the crossing called ‘‘Otay Mesa East’’ near with Import and Export Docks • following determinations: Pursuant to San Diego, California, at the Export Inspection • the authority vested in me by the Act of international boundary between the Main Administrative Building with United States and Mexico. In making Pedestrian Facilities October 19, 1965 (79 Stat. 985; 22 U.S.C. • 2459), Executive Order 12047 of March this determination, the Department Entry and Exit Control Booths and 27, 1978, the Foreign Affairs Reform and consulted with other federal agencies, as related improvements • Roadways and related Restructuring Act of 1998 (112 Stat. required by Executive Order 11423, as Infrastructure, Pathways, Parking Lots, 2681, et seq.; 22 U.S.C. 6501 note, et amended. and related Lots FOR FURTHER INFORMATION CONTACT: Mr. seq.), Delegation of Authority No. 234 of • Landscaping October 1, 1999, Delegation of Authority Daniel Darrach, U.S.-Mexico Border • Ancillary Support Facilities No. 236 of October 19, 1999, as Affairs Coordinator, via e-mail at WHA- • Commercial Cargo and Passenger amended, and Delegation of Authority [email protected]; by phone at Vehicle lanes No. 257 of April 15, 2003 [68 FR 19875], 202–647–9894; or by mail at Office of • Related Improvements and I hereby determine that the objects to be Mexican Affairs—Room 3909, Infrastructure included in the exhibition ‘‘Tales in Department of State, 2201 C St., NW., The term ‘‘Tier 1 environmental Sprinkled Gold: Japanese Lacquer for Washington, DC 20520. Information document’’ as used in this permit refers European Collectors,’’ imported from about Presidential permits is available to the programmatic or first tier abroad for temporary exhibition within on the Internet at http://www.state.gov/ environmental impact statement that the United States, are of cultural p/wha/rt/permit/. establishes the preferred corridor of significance. The objects are imported SUPPLEMENTARY INFORMATION: State Route 11 and the preferred site of pursuant to loan agreements with the Following is the text of the issued the Otay Mesa East border crossing. foreign owners or custodians. I also permit: The term ‘‘Tier 2 environmental determine that the exhibition or display By virtue of the authority vested in document’’ as used in this permit refers of the exhibit objects at the J. Paul Getty me as Deputy Secretary of State under to the second tier environmental impact Museum, Los Angeles, CA, from on or Executive Order 11423, 33 FR 11741 statement or environmental assessment about March 3, 2009, until on or about (1963), as amended by Executive Order to be prepared after the issuance of this May 24, 2009, and at possible additional 12847 of May 17, 1993, 58 FR 29511 permit and before any construction may exhibitions or venues yet to be (1993), Executive Order 13284 of begin that will identify more detailed determined, is in the national interest. January 23, 2003, 68 FR 4075 (2003), project-specific effects and mitigation Public Notice of these Determinations is and Executive Order 13337 of April 30, measures. ordered to be published in the Federal 2004, 69 FR 25299 (2004) and This permit is subject to the following Register. Department of State Delegation of conditions: Authority 245 of April 23, 2001; having Article 1. The facilities herein FOR FURTHER INFORMATION CONTACT: For considered the environmental effects of described, and all aspects of their further information, including a list of the proposed action in accordance with operation, shall be subject to all the the exhibit objects, contact Carol B. the National Environmental Policy Act conditions, provisions and requirements Epstein, Attorney-Adviser, Office of the of 1969, as amended (83 Stat. 852, 42 of this permit and any amendment Legal Adviser, U.S. Department of State U.S.C. 4321 et seq.) and other statutes thereof. This permit may be terminated (telephone: 202/453–8048). The address relating to environmental concerns; upon a determination of the Executive is U.S. Department of State, SA–44, 301 having considered the proposed action Branch that the Otay Mesa East border 4th Street, SW., Room 700, Washington, in accordance with the National Historic crossing shall be closed. This permit DC 20547–0001. Preservation Act of 1966, as amended may be amended by the Secretary of

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State or the Secretary’s delegate in approval of such transfer by the the United States following its review of consultation with the permittee and, as Department, which approval may the environmental documents, appropriate, other Executive Branch include such conditions, permissions including the permittee’s ROD or agencies; the permittee’s obligation to and requirements that the Department, FONSI, the Department shall revoke this implement such an amendment is in its discretion, determines are permit. The permittee shall provide subject to the availability of funds. The appropriate and necessary for inclusion written notice to the Department at such permittee shall make no substantial in the permit, to be effective on the date time as the construction authorized by change in the location of the facilities or of transfer. this permit commences, and again at in the operation authorized by this Article 6. (1) The permittee or its such time as construction is completed, permit until such changes have been agent shall acquire such right-of-way interrupted for more than ninety days or approved by the Secretary of State or the grants or easements and permits as may discontinued. Secretary’s delegate. become necessary and appropriate. Article 10. This permit is not intended Article 2. The permittee shall comply (2) The permittee shall maintain the to, and does not, create any right, with all applicable federal laws and facilities and every part thereof. benefit, or trust responsibility, regulations regarding the construction, Article 7. (1) The permittee shall take, substantive or procedural, enforceable at operation, and maintenance of the or cause to be taken, all appropriate law or in equity, by any party against facilities. Further, the permittee shall measures to prevent or mitigate adverse the United States, its departments, comply with nationally recognized environmental impacts or disruption of agencies, instrumentalities or entities, codes to the extent required under 40 significant archeological resources in its officers or employees, in their U.S.C. 3312(b). The permittee shall connection with the construction, individual or official capacities, or any cooperate with state and local officials operation, and maintenance of the other person. The issuance of this to the extent required under 40 U.S.C. facilities, including those mitigation permit does not create any obligation on 3312(d). measures identified in both the Tier 1 the part of the permittee or the United Article 3. In the event that the Otay and Tier 2 environmental documents, States of America to construct, operate, Mesa East border crossing is but only to the extent incorporated into maintain, or accept the donation of all either a Record of Decision (ROD) or permanently closed and is no longer or any portion of the Otay Mesa East Finding of No Significant Impact used as an international crossing, this border crossing; provided, however, if (FONSI) to be issued by the permittee permit shall terminate and the permittee the permittee does operate the facilities regarding the Otay Mesa East border may manage, utilize, or dispose of the then it will do so in accordance with the crossing. In preparing its ROD or facilities in accordance with its terms and conditions of this permit. FONSI, the permittee shall consult with statutory authorities. Article 11. This permit shall expire Article 4. As authorized by applicable appropriate officials of the Federal ten years from the date of issuance in federal laws and regulations, the Highway Administration (FHWA) and the event that the permittee neither has permittee is a federal agency that is the permittee shall consider the issued nor caused to be issued the responsible for managing and operating mitigation measures recommended in notice to proceed for construction the existing Otay Mesa border crossing the FHWA ROD. and, upon acceptance of the facilities by (2) The permittee may make no activities. the United States of America, the Otay irreversible change to the physical In witness whereof, I, John D. Mesa East border crossing. This permit environment based upon this permit Negroponte, Deputy Secretary of State, shall continue in full force and effect for until it has received approval from the have hereunto set my hand this 20th only so long as the permittee shall Department to proceed with day of November 2008, in Washington, continue the operations hereby construction, as provided in Article 9. District of Columbia. authorized. (3) Before issuing, or causing the End Permit text. Article 5. This Article applies to issuance of, the notice to proceed for Dated: December 9, 2008. transfer of the facilities or any part construction, the permittee shall obtain Alex Lee, thereof as an operating land border the concurrence of the United States Director, Office of Mexican Affairs, crossing. The permittee shall Section of the International Boundary Department of State. immediately notify the United States and Water Commission. [FR Doc. E8–29622 Filed 12–12–08; 8:45 am] Department of State (‘‘Department’’) of Article 8. The permittee shall file any BILLING CODE 4710–29–P any decision to transfer custody and applicable statements and reports that control of the facilities or any part might be required by applicable federal thereof to any other agency or law in connection with this project. department of the United States Article 9. The permittee shall not DEPARTMENT OF TRANSPORTATION Government. Said notice shall identify issue, nor cause to be issued, a notice the transferee agency or department and to proceed for construction work until Federal Aviation Administration seek the approval of the Department for the Department has provided Second Meeting, RTCA Special the transfer of the permit. In the event notification to the permittee that: (1) Committee 220: Automatic Flight of approval by the Department of such The Department has concluded, based Guidance and Control transfer of custody and control to on its review of the Tier 1 and Tier 2 another agency or department of the environmental documents and the AGENCY: Federal Aviation United States Government, the permit permittee’s ROD or FONSI, that the Administration (FAA), DOT. shall remain in force and effect, and the continuation of this permit is in the U.S. ACTION: Notice of RTCA Special facilities shall be subject to all the national interest; and (2) the Department Committee 220: Automatic Flight conditions, permissions and has completed its exchange of Guidance and Control meeting. requirements of this permit and any diplomatic notes with the Government amendments thereof. The permittee may of Mexico regarding authorization of SUMMARY: The FAA is issuing this notice transfer ownership or control of the construction. If the Department to advise the public of a meeting of facilities to a non-federal entity or concludes that the continuation of this RTCA Special Committee 220: individual only upon the prior express permit is not in the national interest of Automatic Flight Guidance and Control.

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DATES: The meeting will be held January RTCA Special Committee 205/ • Executive Committee and SG Chairs/ 13–15, 2009, from 9 a.m.–5 p.m. EUROCAE Working Group 71: Software Secretaries Meeting Considerations in Aeronautical Systems. ADDRESSES: The meeting will be held at February 27 Honeywell, Inc., PRN A and B Rooms, DATES: The meeting will be held • 21111 N. 19th Ave., Phoenix, AZ 85027. February 23–27, 2009, from 8:30 a.m.– IP Comment Reply & Sub-Group Break Out Sessions (focused on FOR FURTHER INFORMATION CONTACT: (1) 5:30 p.m. finalising any changes to papers being RTCA Secretariat, 1828 L Street, NW., ADDRESSES: The meeting will be held at presented later in the morning) Suite 805, Washington, DC 20036; Hotel NH Koeln Mediapark, Im Media • Plenary Text Approval (reworked and telephone (202) 833–9339; fax (202) Park 8b, Cologne, Germany, Reservation: late posted papers) 833–9434; Web site http://www.rtca.org. +49.211.7811.100, Fax: • SG Report Outs SUPPLEMENTARY INFORMATION: Pursuant +49.211.7811.888, E-mail: • SG1: SCWG Document Integration to section 10(a)(2) of the Federal [email protected]. Sub-Group Advisory Committee Act (Pub. L. 92– FOR FURTHER INFORMATION CONTACT: (1) • SG2: Issue & Rationale Sub-Group 463, 5 U.S.C., Appendix 2), notice is RTCA Secretariat, 1828 L Street, NW., • SG3: Tool Qualification Sub-Group • hereby given for a Special Committee Suite 805, Washington, DC 20036; SG4: Model Based Design & 220/Automatic Flight Guidance and Verification Sub-Group telephone (202) 833–9339; fax (202) • Control meeting. The agenda will 833–9434; Web site http://www.rtca.org; SG5: Object Oriented Technology include: Sub-Group (2) Hotel Front Desk: (602) 273–7778; • fax (602) 275–5616. SG6: Formal Methods Sub-Group January 13–15 • SG7: Special Considerations Sub- SUPPLEMENTARY INFORMATION: Pursuant • Welcome Group to section 10(a) (2) of the Federal • • Agenda Overview Closing Plenary (any other business, • Results of Presentation to October Advisory Committee Act (Pub. L. 92– next meeting information, closing PMC 463, 5 U.S.C., Appendix 2), notice is remarks, meeting evaluation, formal • Installation Guidance Discussion hereby given for a Special Committee meeting close, meeting adjourned) • MOPS Status 205/EUROCAE Working Group 71 Attendance is open to the interested • Installation Guidance Status meeting. The agenda will include: public but limited to space availability. • Revise TORs February 23 With the approval of the chairmen, • Organization of Work, Assign Tasks members of the public may present oral • and Responsibilities Opening Plenary (Chair’s Introductory statements at the meeting. Persons • Establish Dates, Location, Agenda for Remarks, Review of Meeting Agenda wishing to present statements or obtain Next Meeting and Agreement of Previous Minutes information should contact the person • • Any Other Business Reports of Sub-Group Activity listed in the FOR FURTHER INFORMATION • Attendance is open to the interested Other Committee/Other Documents CONTACT section. Members of the public public but limited to space availability. Interfacing Personnel Reports (CAST, may present a written statement to the With the approval of the chairmen, Unmanned Aircraft Systems, Security, committee at any time. members of the public may present oral WG–63/SAE S–18) • Sub-Group Break Out Sessions Issued in Washington, DC, on December 8, statements at the meeting. Persons 2008. • New Members Introduction Session wishing to present statements or obtain Francisco Estrada C., information should contact the person • CAST Meeting: Closed • RTCA Advisory Committee. listed in the FOR FURTHER INFORMATION Sub-group Breakout Sessions • [FR Doc. E8–29541 Filed 12–12–08; 8:45 am] CONTACT section. Members of the public Plenary Session: Text Acceptance (for may present a written statement to the papers posted, commented on and BILLING CODE 4910–13–P committee at any time. reworked prior to Plenary) • Executive Committee and SG Chairs/ Issued in Washington, DC, on December 5, DEPARTMENT OF TRANSPORTATION 2008. Secretaries Meeting Francisco Estrada C., February 24 Federal Aviation Administration RTCA Advisory Committee. • Sub-Group Break Out Sessions Third Meeting, Special Committee 213/ • [FR Doc. E8–29539 Filed 12–12–08; 8:45 am] Mandatory Paper Reading Session EUROCAE: Enhanced Flight Vision • BILLING CODE 4910–13–P Executive Committee and SG Chairs/ Systems/Synthetic Vision Systems Secretaries Meeting (EFVS/SVS), EUROCAE Working Group DEPARTMENT OF TRANSPORTATION February 25 79 (WG–79) • IP Comment Reply & Sub-Group AGENCY: Federal Aviation Federal Aviation Administration Break Out Sessions (focused on Administration (FAA), DOT. Tenth Joint Meeting, RTCA Special finalizing any changes to papers being ACTION: Notice of RTCA Special Committee 205/EUROCAE Working presented later in the morning) Committee 213/EUROCAE, Enhanced • Plenary Text Acceptance (for papers Group 71: Software Considerations in Flight Vision Systems/Synthetic Vision posted, commented on and reworked Aeronautical Systems Systems (EFVS/SVS), EUROCAE prior to Plenary) Working Group 79 (WG–79). AGENCY: Federal Aviation • Sub-Group Break Out Sessions Administration (FAA), DOT. • Executive Committee and SG Chairs/ SUMMARY: The FAA is issuing this notice to advise the public of a third meeting ACTION: Notice of RTCA Special Secretaries Meeting of RTCA Special Committee 213, Committee 205/EUROCAE Working February 26 Group 71 meeting. Standards for Air Traffic Data • Sub-Group Break Out Sessions Communication Services. SUMMARY: The FAA is issuing this notice • Plenary Session DATES: The meeting will be held January to advise the public of a meeting of • Mandatory Paper Reading Session 27–29, 2009 from 9 a.m.–5 p.m.

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ADDRESSES: The meeting will be held at DEPARTMENT OF TRANSPORTATION Issued on: December 8, 2008. Cessna Conference Center Auditorium, James J. Steele, (Located in the Cessna Employees Federal Highway Administration Division Administrator, Lansing, Michigan. Fitness Center), 6711 West 31st Street [FR Doc. E8–29592 Filed 12–12–08; 8:45 am] South, Wichita, KS 67215. Environmental Impact Statement: Wayne County, MI BILLING CODE 4910–22–P SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal AGENCY: Federal Highway Advisory Committee Act (Pub. L. 92– Administration (FHWA), U.S. DOT. DEPARTMENT OF TRANSPORTATION 463, 5 U.S.C., Appendix 2), notice is ACTION: Notice of Clarification regarding Federal Highway Administration hereby given for a Special Committee the Final Environmental Impact 213 meeting. The agenda will include: Statement (FEIS) for the Detroit River Notice of Final Federal Agency Actions January 27 International Crossing Study. on Proposed Highway in the State of Utah • Welcome, Introductions, and Agenda SUMMARY: This notice clarifies the role Review—Patrick, Tim, David—15 of the DVD contained in the back cover AGENCY: Federal Highway minutes of the Final Environmental Impact Administration (FHWA), DOT. • Review and approve SC–213/WG–79 Statement (FEIS) for the Detroit River ACTION: Notice of Limitation on Claims Minutes—Patrick, Tim, David—15 International Crossing Study (DRIC). for Judicial Review of Actions by minutes The back cover of the FEIS contains a FHWA, and Other Federal Agencies. • DVD that is not part of the FEIS and Items: should be disregarded. It has no role in SUMMARY: This notice announces actions • General objectives of this meeting: FHWA’s NEPA process; and has not and taken by the FHWA, and other Federal • Develop Advanced Vision System will not be used in FHWA’s decision- agencies that are final within the CONOPS making process. This action is pursuant meaning of 23 U.S.C. 139(l)(1). The • Discuss work plan for synthetic and to the National Environmental Policy actions relate to a proposed highway enhanced vision technologies Act (NEPA) of 1969, 42 U.S.C. 4321 et project, State Route (SR)–108 project from SR–127 (Antelope Drive) to SR– • Proposed amendment to Terms of seq., as amended and the Council on 126 (1900 West) in the cities of Reference—Lou—15 minutes Environmental Quality Regulations (40 Syracuse, West Point, Clinton, Roy, and • CFR parts 1500–1508). Conduct of meeting: Addressing West Haven, Utah in the Counties of DATES: The FEIS was made available to issues, documenting issues, Davis and Weber, State of Utah. Those the public on November 25, 2008. EPA resolving issues, assignment of actions grant licenses, permits, and published the Notice of Availability on action items approvals for the project. • December 5, 2008. This notice does not Administrative: Begin thinking of DATES: By this notice, the FHWA is follow-on meeting dates change the availability date of the FEIS of December 5, 2008. advising the public of final agency • Status of PMC decision on the actions subject to 23 U.S.C. 139(l)(1). A FOR FURTHER INFORMATION CONTACT: MASPS document claim seeking judicial review of the Ryan Rizzo, Major Project Manager, at January 28 Federal agency actions on the highway FHWA Michigan Division, 315 W. project will be barred unless the claim Continuation of meeting to discuss Allegan Street, Room 201; Lansing, MI is filed on or before June 15, 2009. If the Advanced Vision System CONOPS, as 48933; by phone at (517) 702–1833, or Federal law that authorizes judicial required. e-mail at [email protected]. review of a claim provides a time period David Williams, Environmental Program of less than 180 days for filing such January 29 Manager, FHWA Michigan Division, claim, then that shorter time period still 315 W. Allegan Street, Room 201; • Conclude discussion of Advanced applies. Lansing, MI 48933; by phone at (517) Vision System CONOPS FOR FURTHER INFORMATION CONTACT: Mr. • 702–1820; or e-mail at New Business [email protected]. Edward Woolford, Environmental • Summary and announcement of next Program Manager, Federal Highway meeting dates and locations SUPPLEMENTARY INFORMATION: On Administration, 2520 West 4700 South, December 5, 2008, FHWA discovered • Feedback Suite 9A, Salt Lake City, UT 84118 the DRIC FEIS, which had been between the hours of 7:30 a.m. and 5 Attendance is open to the interested distributed to the public, included a p.m., (801) 963–0182, or by e-mail at public but limited to space availability. DVD in the back cover of the document. [email protected]. You may With the approval of the chairmen, This DVD was not presented to FHWA also contact Mr. Randy Jefferies, Utah members of the public may present oral as part of the document it approved and Department of Transportation, 166 W. statements at the meeting. Persons signed on November 21, 2008. Southwell Street, Ogden, Utah 84404, wishing to present statements or obtain FHWA does not consider the material between the hours of 7 a.m. and 6 p.m. information should contact the person on the DVD to be part of the approved Monday through Thursday, (801) 612– listed in the FOR FURTHER INFORMATION FEIS. FHWA has directed the Michigan 4043 or by e-mail at [email protected]. CONTACT section. Members of the public Department of Transportation (MDOT) SUPPLEMENTARY INFORMATION: Notice is may present a written statement to the to remove it from all remaining copies committee at any time. hereby given that the FHWA, and other of the FEIS that have not been Federal agencies have taken final agency Issued in Washington, DC, on December 5, distributed and to remove it from copies actions subject to 23 U.S.C. 139(l)(1) by 2008. that are currently provided at the issuing licenses, permits, and approvals Francisco Estrada C., repositories. FHWA and MDOT will for the following highway project in the RTCA Advisory Committee. also inform all FEIS document holders State of Utah: State Route (SR)–108 [FR Doc. E8–29540 Filed 12–12–08; 8:45 am] that the DVD is not part of the FEIS. project from SR–127 (Antelope Drive) to BILLING CODE 4910–13–P Authority: 23 CFR 771.117. SR–126 (1900 West) in the cities of

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Syracuse, West Point, Clinton, Roy, and Rights Act of 1964 [42 U.S.C. 2000(d)– highway and transit components. West Haven, in Davis and Weber 2000(d)(1)]; American Indian Religious FHWA has approval authority over the Counties, Utah (EIS Number: FHWA– Freedom Act [42 U.S.C. 1996]; Farmland highway components of the project. UT–EIS–07–03–F). Protection Policy Act (FPPA) [7 U.S.C. DATES: By this notice, the FHWA is The 9.5 mile project will construct a 4201–4209]. Wetlands and Water advising the public of final agency five-lane (110-foot) cross-section Resources: Clean Water Act (Section actions subject to 23 U.S.C. 139(l)(1). A consisting of four 12-foot travel lanes, a 404, Section 401, Section 319) [33 claim seeking judicial review of the 14-foot median (either a two-way left- U.S.C. 1251–1377]; Land and Water FHWA actions on the highway project turn lane or a raised center median), 8- Conservation Fund (LWCF) [16 U.S.C. will be barred unless the claim is filed foot shoulders, 4-foot bicycle lanes, 2.5- 4601–4604]; Safe Drinking Water Act on or before June 15, 2009. If the Federal foot curb and gutter, 4.5-foot park strips, (SDWA) [42 U.S.C. 300(f)–300(j)(6)]; law that authorizes judicial review of a 4-foot sidewalks, and 1-foot between the Rivers and Harbors Act of 1899 [33 claim provides a time period of less back of the sidewalk and the edge of the U.S.C. 401–406]; Wild and Scenic than 180 days for filing such claim, then right-of-way. Improve most intersections Rivers Act [16 U.S.C. 1271–1287]; that shorter time period still applies. with dedicated right-turn and left-turn Emergency Wetlands Resources Act, [16 FOR FURTHER INFORMATION CONTACT: Mr. lanes. Dual left-turn lanes would be U.S.C. 3921, 3931]; Wetlands Mitigation Edward Woolford, Project Manager, provided at 1700 South (southbound [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; Federal Highway Administration, 2520 only), 1800 North, 5600 South, 4800 Flood Disaster Protection Act, 42 U.S.C. West 4700 South, Suite 9A, Salt Lake South, and 1900 West (eastbound only). 4001–4128. Executive Orders: E.O. City, Utah 84118; telephone: (801) 963– Include enough shoulder width to 11990 Protection of Wetlands; E.O. 0182; e-mail: [email protected]. accommodate bus service. Support 11988 Floodplain Management; E.O. The FHWA Utah Division Office’s bicycle use along SR–108 by providing 12898, Federal Actions to Address normal business hours are 7:45 a.m. to Class II bicycle lanes. Environmental Justice in Minority 4:15 p.m. (Mountain Standard Time). The actions by the Federal agencies, Populations and Low Income You may also contact Ms. Teri Newell, and the laws under which such actions Populations; E.O. 11593 Protection and P.E., Utah Department of were taken, are described in the Final Enhancement of Cultural Resources; Transportation, 2010 South 2760 West, Environmental Impact Statement (FEIS) E.O. 13007 Indian Sacred Sites; E.O. Salt Lake City, Utah 84104; telephone: for the project, approved on August 20, 13287 Preserve America; E.O. 13175 (801) 975–4807. 2008, in the FHWA Record of Decision Consultation and Coordination with SUPPLEMENTARY INFORMATION: Notice is (ROD) issued on October 29, 2008, and Indian Tribal Governments; E.O. 11514 in other documents in the FHWA hereby given that the FHWA has taken Protection and Enhancement of final agency actions by issuing project records. The FEIS, ROD, and Environmental Quality; E.O. 13112 other project records are available by approvals for the highway components Invasive Species. contacting FHWA or the UDOT at the of the Mountain View Corridor (‘‘MVC’’) addresses provided above. The FHWA (Catalog of Federal Domestic Assistance project in Salt Lake and Utah Counties, FEIS and ROD can be viewed and Program Number 20.205, Highway Planning Utah. At full build-out, the highway and Construction. The regulations components of the MVC project will downloaded from the project Web site at implementing Executive Order 12372 http://www.udot.utah.gov/sr108study, include a 44 mile limited-access regarding intergovernmental consultation on freeway with at-grade separations at all or viewed at public libraries in the Federal programs and activities apply to this project area. program.) intersecting roadways. It will begin at I– This notice applies to all Federal 80 in Salt Lake City in Salt Lake County Authority: 23 U.S.C. 139(l)(1). agency decisions as of the issuance date at about 5800 West and continue south of this notice and all laws under which Issued on: December 9, 2008. connecting to I–15 at 2100 North in the such actions were taken, including but Walter C. Waidelich, Jr., city of Lehi in Utah County. The not limited to: Division Administrator, Salt Lake City, Utah. highway will be constructed on new General: National Environmental [FR Doc. E8–29585 Filed 12–12–08; 8:45 am] alignment and will be implemented Policy Act (NEPA) [42 U.S.C. 4321– BILLING CODE 4910–RY–P using a phased approach, which is 4351]; Federal-Aid Highway Act [23 described in the Final Environmental U.S.C. 109 and 23 U.S.C. 128]. Air: Impact Statement (FEIS) and the Record Clean Air Act [42 U.S.C. 7401–7671(q)]. DEPARTMENT OF TRANSPORTATION of Decision (ROD). The MVC project Land: Section 4(f) of the Department of will also include a transit component on Transportation Act of 1966 [49 U.S.C. Federal Highway Administration 5600 West in Salt Lake County being 303]; Wildlife: Endangered Species Act sponsored by the Utah Transit [16 U.S.C. 1531–1544 and Section Notice of Final Federal Agency Actions Authority; FHWA does not have 1536]; Marine Mammal Protection Act on Proposed Highway in Utah approval authority over the transit [16 U.S.C. 1361]; Fish and Wildlife AGENCY: Federal Highway component of the project. The actions Coordination Act [16 U.S.C. 661– Administration (FHWA), DOT. by FHWA, and the laws under which 667(d)]; Migratory Bird Treaty Act [16 ACTION: Notice of Limitation on Claims such actions were taken, are described U.S.C. 703–712]. Historic and Cultural for Judicial Review of Actions by FHWA in the FEIS, which was approved on Resources: Section 106 of the National and Other Federal Agencies. September 3, 2008, in the FHWA Record Historic Preservation Act of 1966, as ROD which was issued on November amended [16 U.S.C. 470(f) et seq.]; SUMMARY: This notice announces actions 17, 2008, and in other documents in the Archeological Resources Protection Act taken by the FHWA that are final within FHWA administrative record. The FEIS, of 1977 [16 U.S.C. 470(aa)–470(ll)]; the meaning of 23 U.S.C. 139(l)(1). The ROD, and other documents in the Archeological and Historic Preservation actions relate to the proposed Mountain FHWA administrative record file are Act [16 U.S.C. 469–469(c)]; Native View Corridor project in Salt Lake and available by contacting the FHWA or the American Grave Protection and Utah Counties in the State of Utah. Utah Department of Transportation at Repatriation Act (NAGPRA) [25 U.S.C. Those actions grant approvals for the the addresses provided above. The 3001–3013]. Social and Economic: Civil project. The project includes both FHWA FEIS and ROD can be viewed

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and downloaded from the project Web Environmental Quality; E.O. 13112 electronically. Anyone is able to search site at http://www.udot.utah.gov/ Invasive Species. the electronic form of all comments in mountainview or viewed at public (Catalog of Federal Domestic Assistance any one of our dockets by the name of libraries in the project area. Program Number 20.205, Highway Planning the individual submitting the comment This notice applies to all FHWA and Construction. The regulations (or signing the comment, if submitted decisions as of the issuance date of this implementing Executive Order 12372 on behalf of an association, business, or notice and all laws under which such regarding intergovernmental consultation on labor union). You may review the DOT’s actions were taken. Laws generally Federal programs and activities apply to this complete Privacy Act Statement in the applicable to such actions include but program.) Federal Register published on April 11, are not limited to: Authority: 23 U.S.C. 139(l)(1). 2000 (Volume 65, Number 70, Pages 1. General: National Environmental Issued on: December 9, 2008. 19477–78), or you may visit http:// Policy Act (NEPA) [42 U.S.C. 4321– DocketsInfo.dot.gov. 4351]; Federal-Aid Highway Act [23 Walter C. Waidelich, Jr., U.S.C. 109]. Division Administrator, Salt Lake City. FOR FURTHER INFORMATION CONTACT: Ms. 2. Air: Clean Air Act, 42 U.S.C. 7401– [FR Doc. E8–29570 Filed 12–12–08; 8:45 am] Ruth Rentch, Office of Project 7671(q). BILLING CODE 4910–RY–P Development and Environmental 3. Land: Section 4(f) of the Review, (202) 366–2034, Department of Transportation Act of [email protected], or Mr. Michael 1966 [49 U.S.C. 303]. DEPARTMENT OF TRANSPORTATION Harkins, Office of the Chief Counsel, 4. Wildlife: Endangered Species Act (202) 366–4928, [16 U.S.C. 1531–1544 and Section Federal Highway Administration [email protected], Federal 1536], Marine Mammal Protection Act [FHWA Docket No. FHWA–2008–0158] Highway Administration, Department of [16 U.S.C. 1361], Fish and Wildlife Transportation, 1200 New Jersey Coordination Act [16 U.S.C. 661– Surface Transportation Project Avenue, SE., Washington, DC 20590. 667(d)], Migratory Bird Treaty Act [16 Delivery Pilot Program; Caltrans Audit Office hours are from 7:45 a.m. to 4:15 U.S.C. 703–712]. Report p.m., e.t., Monday through Friday, 5. Historic and Cultural Resources: except Federal holidays. AGENCY: Section 106 of the National Historic Federal Highway SUPPLEMENTARY INFORMATION: Preservation Act of 1966, as amended Administration (FHWA), DOT. [16 U.S.C. 470(f) et seq.]; Archeological ACTION: Notice; request for comment. Electronic Access Resources Protection Act of 1977 [16 An electronic copy of this notice may SUMMARY: Section 6005 of the Safe, U.S.C. 470(aa)–11]; Archeological and be downloaded from the Office of the Accountable, Flexible, Efficient Historic Preservation Act [16 U.S.C. Federal Register’s home page at http:// Transportation Equity Act: A Legacy for 469–469(c)]; Native American Grave www.archives.gov and the Government Users (SAFETEA–LU) established the Protection and Repatriation Act Printing Office’s Web site at http:// Surface Transportation Project Delivery (NAGPRA) [25 U.S.C. 3001–3013]. www.access.gpo.gov. 6. Social and Economic: Civil Rights Pilot Program, codified at 23 U.S.C. 327. Background Act of 1964 [42 U.S.C. 2000(d)– Section 327(g) of Title 23, United States 2000(d)(1)]; American Indian Religious Code mandates semiannual audits Section 6005 of the Safe, Accountable, Freedom Act [42 U.S.C. 1996]; Farmland during each of the first 2 years of State Flexible, Efficient Transportation Equity Protection Policy Act (FPPA) [7 U.S.C. participation to ensure compliance by Act: A Legacy for Users (SAFETEA–LU) 4201–4209]. each State participating in the Pilot (codified at 23 U.S.C. 327) established a 7. Wetlands and Water Resources: Program. This notice announces and pilot program to allow up to five States Clean Water Act, 33 U.S.C. 1251–1377 solicits comments on the second audit to assume the Secretary of (Section 404, Section 401, Section 319); report for the California Department of Transportation’s responsibilities for Land and Water Conservation Fund Transportation (Caltrans). environmental review, consultation, or (LWCF), 16 U.S.C. 4601–4604; Safe DATES: Comments must be received on other actions under any Federal Drinking Water Act (SDWA), 42 U.S.C. or before January 14, 2009. environmental law pertaining to the 300(f)–300(j)(6); Rivers and Harbors Act ADDRESSES: Mail or hand deliver review or approval of highway projects. of 1899, 33 U.S.C. 401–406; Wild and comments to Docket Management In order to be selected for the pilot Scenic Rivers Act, 16 U.S.C. 1271–1287; Facility: U.S. Department of program, a State must submit an Emergency Wetlands Resources Act, 16 Transportation, 1200 New Jersey application to the Secretary. U.S.C. 3921, 3931; TEA–21 Wetlands Avenue, SE., Room W12–140, On June 29, 2007, Caltrans and FHWA Mitigation, 23 U.S.C. 103(b)(6)(m), Washington, DC 20590. You may also entered into a Memorandum of 133(b)(11); Flood Disaster Protection submit comments electronically at Understanding (MOU) establishing the Act, 42 U.S.C. 4001–4128. http://www.regulations.gov, or fax assignments to and assumptions of 8. Executive Orders: E.O. 11990 comments to (202) 493–2251. responsibility to Caltrans. Under the Protection of Wetlands; E.O. 11988 All comments should include the MOU, Caltrans assumed the majority of Floodplain Management; E.O. 12898, docket number that appears in the FHWA’s responsibilities under the Federal Actions to Address heading of this document. All National Environmental Policy Act, as Environmental Justice in Minority comments received will be available for well as the FHWA’s responsibilities Populations and Low Income examination and copying at the above under other Federal environmental laws Populations; E.O. 11593 Protection and address from 9 a.m. to 5 p.m., e.t., for most highway projects in California. Enhancement of Cultural Resources; Monday through Friday, except Federal Section 327(g) of Title 23, United E.O. 13007 Indian Sacred Sites; E.O. holidays. Those desiring notification of States Code, requires the Secretary to 13287 Preserve America; E.O. 13175 receipt of comments must include a self- conduct semiannual audits during each Consultation and Coordination with addressed, stamped postcard or you of the first 2 years of State participation, Indian Tribal Governments; E.O. 11514 may print the acknowledgment page and annual audits during each Protection and Enhancement of that appears after submitting comments subsequent year of State participation to

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ensure compliance by each State comments received no later than 60 days responsibilities assigned by FHWA under the participating in the Pilot Program. The after the date on which the period for public Pilot Program. The FHWA audits review how results of each audit must be presented comment closes. Caltrans is meeting each commitment and in the form of an audit report and be The California Department of assesses Pilot Program performance in the Transportation (Caltrans) published its core areas specified in the Scope of the Audit made available for public comment. Application for Assumption (Application) section of this report. This notice announces the availability under the Pilot Program on March 14, 2007, The Caltrans’ Pilot Program commitments of the second audit report for Caltrans and made it available for public comment for address: and solicits public comment on same. 30 days. After considering public comments, • Organization and Procedures under the Caltrans submitted its application to FHWA Pilot Program Authority: Section 6005 of Public Law • 109–59; 23 U.S.C. 315 and 327; 49 CFR 1.48. on May 21, 2007, and FHWA, after soliciting Expanded Quality Control Procedures the views of other Federal agencies, reviewed • Independent Environmental Issued on: December 1, 2008. and approved the application. Then on June Decisionmaking Thomas J. Madison, Jr., 29, 2007, Caltrans and FHWA entered into a • Determining the NEPA Class of Action • Federal Highway Administrator. MOU that established the assignments to and Consultation and Coordination with assumptions of responsibility to Caltrans, Resource Agencies Draft Report which became effective July 1, 2007. Under • Issue Identification and Conflict Resolution Procedures Surface Transportation Project Delivery the MOU, Caltrans assumed the majority of • Recordkeeping and Retention Pilot Program FHWA’s responsibilities under NEPA, as well as FHWA’s responsibilities under other • Expanded Internal Monitoring and Federal Highway Administration Audit of Federal environmental laws for most Process Reviews • California Department of Transportation highway projects in California. Caltrans’ Performance Measures to Assess the participation in the Pilot Program will be Pilot Program July 28–August 1, 2008 • effective through August 2011 (23 U.S.C Training to Implement the Pilot Program • Background 327(i)(1)). Legal Sufficiency Review. The Safe, Accountable, Flexible, Efficient The FHWA audit team included Transportation Equity Act: A Legacy for Scope of the Audit representatives from the following offices Users (SAFETEA–LU, Pub L. 109–59) section This is the second FHWA audit of Caltrans’ or agencies: • 6005(a) established the Surface participation in the Pilot Program. The onsite FHWA Office of Project Development Transportation Project Delivery Pilot Program portion of this audit was conducted by the and Environmental Review • (Pilot Program), codified at title 23, United FHWA audit team in California from July 28 FHWA Office of Chief Counsel • States Code (U.S.C.), section 327. The Pilot through August 1, 2008. As required in FHWA Alaska Division Office • Program allows the Secretary to assign, and SAFETEA–LU, the second audit assessed FHWA Resource Center Environmental the State to assume, the Secretary of Caltrans’ compliance with the roles and Team • Transportation’s (Secretary) responsibilities responsibilities it assumed in the MOU and Volpe National Transportation Systems under the National Environmental Policy Act also provided recommendations to assist Center • (NEPA) for one or more highway projects. Caltrans in conducting a successful Pilot Advisory Council on Historic Upon assigning NEPA responsibilities, the Program. Preservation • Secretary may further assign to the State all The audit reviewed the following core U.S.D.A. Forest Service. or part of the Secretary’s responsibilities for areas: (1) Program management; (2) legal During the onsite audit, FHWA interviewed environmental review, consultation, or other sufficiency; (3) performance measures; (4) more than 75 Caltrans staff (from both the action required under any Federal documentation and file management; (5) Capital and Local Assistance programs) in environmental law pertaining to the review training; and (6) quality assurance and the 3 District offices and Caltrans’ Legal of a specific highway project. When a State quality control measurement. Prior to the Division staff in each of its 4 offices. The assumes the Secretary’s responsibilities onsite visits, FHWA conducted telephone audit team interviewed a cross-section of under this program, the State becomes solely interviews with staff in the Caltrans staff including top senior managers, senior responsible and liable for carrying out the Headquarters (HQ) office and with staff in environmental planners, generalists, responsibilities it has assumed, in lieu of the Federal resource agency regional offices associate planners, and technical experts. Federal Highway Administration (FHWA). (Environmental Protection Agency, U.S. The audit also included a review of the To ensure compliance by each State Corps of Engineers, U.S. Fish and Wildlife project files and records for over 30 projects participating in the Pilot Program, 23 U.S.C. Service, National Oceanic and Atmospheric managed under the Pilot Program. 327(g) mandates that FHWA, on behalf of the Administration and U.S.D.A. Forest Service) FHWA acknowledges that Caltrans Secretary, conduct semiannual audits during and the California State Historic Preservation identified specific issues during its second each of the first two years of State Office. The audit included onsite visits to self-assessment performed under the Pilot participation; and annual audits during each three Caltrans District Offices: District 7 (Los Program (required by MOU section 8.2.6), subsequent year of State participation. The Angeles), District 8 (San Bernardino), and and has processes in place to work towards focus of the FHWA audits is to assess a pilot District 11 (San Diego). resolving each issue. Some issues described State’s compliance with the required in the Caltrans self-assessment may overlap Memorandum of Understanding (MOU) 1 and Audit Process and Implementation with FHWA findings in this audit report. applicable Federal laws and policies, to Each FHWA audit conducted under the This audit report documents findings within collect information needed to evaluate the Pilot Program is planned to ensure a pilot the scope of the audit and as of the dates of success of the Pilot Program, to evaluate pilot State’s compliance with the commitments in the onsite portion of the audit. State progress toward achieving its its MOU with FHWA. FHWA does not In accordance with MOU section 11.4.1, performance measures, and to collect evaluate specific project-related decisions FHWA provided Caltrans with a 30-day information needed for the Secretary’s made by the State because these decisions are comment period to review the draft audit annual report to Congress on the the sole responsibility of the pilot State. report. FHWA reviewed the comments administration of the Pilot Program. However, the scope of the FHWA audits does received from Caltrans and revised sections Additionally, 23 U.S.C. 327(g) requires include the review of the processes and of the draft report, where appropriate, prior FHWA to present the results of each audit in procedures used by the pilot State to reach to publishing it in the Federal Register for the form of an audit report. This audit report project decisions in compliance with MOU public comment. must be made available for public comment, section 3.2. and FHWA must respond to public Also, Caltrans committed in its Progress Since the Last Audit Application (incorporated by reference in As part of the second FHWA audit of the 1 Caltrans MOU between FHWA and Caltrans MOU section 1.1.2) to implement specific Caltrans’ Pilot Program, FHWA verified that available at: http://environment.fhwa.dot.gov/ processes to strengthen its environmental Caltrans demonstrated continued compliance strmlng/safe_cdot_pilot.asp. procedures in order to assume the in the ‘‘Compliant’’ findings areas identified

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in the first audit in January 2008. These on FHWA audit team project file reviews files, the audit team observed a systematic compliant findings were: completed in Districts 7, 8, and 11 during the mechanism used to communicate comments 1. Legal Sufficiency—Caltrans’ Legal second audit. on environmental documents. The HQ NEPA Division has developed a consistent process b. Peer Reviewer—In April 2008, Caltrans coordinator consolidates the comments on to conduct formal legal sufficiency reviews revised Chapter 38 of the SER to clarify the each environmental document reviewed and by attorneys (and has provided basic legal description of the peer reviewer function for provides the comments to the District point sufficiency training to each reviewing the QA/QC process for environmental of contact via a standard ‘‘spreadsheet’’ attorney). documents produced under the Pilot template. The template file includes 2. Establish Pilot Program Policies and Program. All of the QC forms reviewed by information on each document section, the Procedures—Caltrans currently, in general, FHWA in Districts 7, 8, and 11 that were comment and action needed, and identifies complies with MOU section 1.1.2 prepared after the change to the SER the commenter. The audit team identified commitments to establish Pilot Program complied with this requirement. records of these communications in project policy and procedural documentation (as c. Internal and External Quality Control files. This approach provides a systematic detailed in Caltrans’ Application). Reviews—Caltrans revised the Internal and and transparent mechanism to transfer and 3. Background NEPA Training—Caltrans’ External QC certification forms and the document communications between HQ and existing Environmental Staff Development Environmental Document Preparation and District staff on environmental documents. Program, outlined in the Application, has Review Tool (Environmental Document (2) Use of intranet sites at Districts to processes in place to ensure that Checklist) to address feedback from Caltrans access Pilot Program materials and Environmental Staff involved in NEPA staff, the initial Caltrans self-assessment, and documents—The audit team determined documentation have the underlying the January 2008 FHWA audit. through interviews with staff at Districts 7, 8, foundational skill sets required in addition to • Caltrans addressed ‘‘Needs and 11 that each of these Districts use an the added skills required to address Improvement’’ audit findings from the intranet site (not accessible to the public) to responsibilities under the Pilot Program. January 2008 audit as follows: post District specific documents related to 4. Training Plan—Caltrans conducted a (1) QA/QC Process Related to SER Chapter the Pilot Program. Maintaining an internal training needs assessment specific to the 38 Procedural and Policy Changes—Caltrans system for all users at the District to access Pilot Program and developed a training plan has created a new section in the SER, titled the latest District specific Pilot Program titled ‘‘Caltrans Surface Transportation ‘‘SER Posting History,’’ which presents a documents provides for improved Project Delivery Pilot Program Training Plan chronology of changes made in the SER (i.e., consistency in implementing the Pilot (Oct. 1, 2007).’’ SER chapter changed, date of change, Program. 5. Interagency Agreements that Involve summary of change). (3) File transfer as standard operating Other Agencies as Signatories—Caltrans (2) Self-assessment issues and corrective procedure when transferring projects complied with MOU section 5.1.5 as it actions—The second self-assessment between staff—The audit team determined pertains to the National Historic Preservation completed by Caltrans correlated each through interviews with Caltrans staff that Act, Section 106 Programmatic Agreement identified issue needing improvement to the file transfer procedures were in selective use (PA) by completing an addenda to the PA corrective action(s) being taken to address at some Districts visited during the audit, to within 6 months after the effective date of the each issue. address employee turnover or the MOU to reflect Caltrans’ assignment of (3) QA/QC process implementation and transitioning of projects between staff. File authority under the Pilot Program. documentation—Caltrans revised SER transfer practices include a file transfer 6. State Commitment of Resources—The Chapter 38 in April 2008 to clarify the QA/ meeting where the generalist hands off all initial evaluation of resources to implement QC process requirements, the technical documents to the Senior Planner overseeing the Pilot Program and the assignment of specialist review, the internal peer review, the individual’s work. resources, as of the date of the first audit, is the class of action determination, signature compliant with MOU section 4.2. authorities, and the options each District may Overall Audit Opinion FHWA also evaluated progress in resolving use to communicate that an environmental Based on the information reviewed, it is ‘‘Deficient’’ and ‘‘Needs Improvement’’ audit document is ready for signature. Through the FHWA audit team’s opinion that to date, findings from the first FHWA audit. interviews with staff in the four Caltrans Caltrans has been carrying out the • Caltrans addressed ‘‘Deficient’’ audit Districts (Districts 4, 7, 8, and 11) visited, the responsibilities it has assumed in keeping findings from the January 2008 audit as audit team determined that the Districts are with the intent of the MOU and the follows: using some format of a ‘‘Ready for Signature’’ Application. During the onsite audit, Caltrans (1) Statement Regarding Assumption of QC form to transmit to the District Deputy staff and management continued to indicate Responsibility—The required statement Director that the environmental document is ongoing interest in obtaining constructive regarding assumption of responsibility ready for signature. feedback on successes and areas for required by MOU section 3.2.5 appeared on improvement. By addressing the findings in the cover page of each environmental Key Elements of Implementation this report, Caltrans will continue to move document reviewed in the second audit. One of the purposes of each FHWA audit the program toward success. (2) Records Management—Caltrans of a State Pilot Program is to identify and demonstrated progress in the area of records collect information for consideration by Findings Definitions management. The audit team confirmed that potential future Pilot Program participants. The FHWA audit team carefully examined project files were present in Districts 7, 8, Key elements that are being used by Caltrans Pilot Program areas to assess compliance in and 11 as required under the Caltrans in the implementation of the Pilot Program accordance with established criteria (i.e., Uniform Filing System (UFS). Caltrans is include their SER, particularly Chapter 38– MOU, Application). The time period covered working towards full compliance of the NEPA Delegation, Caltrans annotated by this second audit report is from the start implementation of MOU section 8.3, the outlines for environmental documents, of the Caltrans Pilot Program (July 1, 2007) Caltrans Application (Section 773.106(b)(3)(i) quality control certification forms, through completion of the second onsite and (ii)), and the Caltrans Standard environmental document review checklists, audit (August 1, 2008). This report presents Environmental Reference (SER) Chapter 38. and monthly NEPA delegation statewide audit findings in three areas: (3) QA/QC Process—The audit team teleconferences. • Compliant—Audit verified that a observed progress in implementing the During the interviews and project files process, procedure or other component of the Quality Assurance/Quality Control (QA/QC) reviews completed in Districts 7, 8, and 11, Pilot Program meets a stated commitment in process for environmental documents the audit team observed the following the Application for Assumption and/or developed under the Pilot Program in the effective practices: MOU. following areas: (1) Use of standard ‘‘spreadsheet’’ template • Needs Improvement—Audit determined a. Completion of the Quality Control to convey the comments of HQ NEPA that a process, procedure or other component Certification forms—The completion of the coordinators on environmental documents to of the Pilot Program as specified in the Internal and External Quality Control District staff—Through interviews with HQ Application for Assumption and/or MOU is Reviews Certification forms improved based NEPA coordinators and review of project not fully implemented to achieve the stated

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commitment or the process or procedure spent on Pilot Program activities through the (a) Performance Measure: Timely implemented is not functioning at a level use of the Expenditure Authorization system. Completion of NEPA Process. necessary to ensure the stated commitment is Given this two part finding, it is unclear (i) Caltrans measures the time to complete satisfied. Action is recommended to ensure whether Caltrans is able to accurately and the environmental document review and success. fully assess the current and future resource approval process for draft and final • Deficient—Audit was unable to verify if needs for implementation of the Pilot documents. While the document review a process, procedure or other component of Program. component is one element that Caltrans may the Pilot Program met the stated commitment (N2) District Training Approaches and use to evaluate performance under the Pilot in the Application for Assumption and/or Implementation—MOU section 4.2.2 requires Program, this performance measure evaluates MOU. Action is required to improve the Caltrans to maintain adequate organizational a relatively minor part of the overall project process, procedure or other component prior and staff capability to effectively carry out timeline. In all cases where this current to the next audit; or the responsibilities it has assumed under the measure is reported, Caltrans needs to Audit determined that a process, procedure Pilot Program. A fundamental component of provide full disclosure of the limitations of or other component of the Pilot Program did staff capability is maintaining a training the measure, preferably noting that the time not meet the stated commitment in the program that ensures staff competency to period covered is only a small part of the Application for Assumption and/or MOU. meet Pilot Program responsibilities. The overall NEPA process. Caltrans should Corrective action is required prior to the next responsibility of identifying individual staff consider expanding this measure to include audit. training needs largely falls to managers at the other elements assumed under the Pilot District level. Audit observations in the three Program to more robustly evaluate the timely Summary of Findings—July 2008 Districts visited (Districts 7, 8, and 11) during completion of the NEPA process. Findings—Compliant this audit, along with the one District visited (ii) Caltrans uses baseline data to evaluate (District 4) during the previous audit, progress since assuming Pilot Program (C1) Training of Legal Division Staff—In compliance with MOU section 12.1.1 and confirmed that considerable variation in responsibilities. Thirty-five environmental section 773.106(b)(3)(iii) of Caltrans’ training approaches exist between District documents reviewed and approved prior to Application, Caltrans’ Legal Division managers, which can result in potentially the effective date of the MOU (34 EAs and maintains a staff of qualified attorneys widely varying levels of competency among 1 EIS) are used to draw from for performance supporting the Pilot Program and tracks the staff. This variation in staff training levels measure purposes. Variables such as project trainings attended by each attorney. Attorney could affect staff competency levels and size, scope, and complexity, as well as any training is organized into five core areas compliance with commitments under the required scheduling coordination with (Legal Sufficiency, Section 4(f), Section 7 of Pilot Program. As Caltrans HQ and Districts resource agencies, could affect the start time the Endangered Species Act, Environmental continue to assess and address staff training of document reviews and as such any Tools (internal to Caltrans), and Audit). needs, Caltrans needs to actively monitor comparisons with Pilot Program projects Additionally, the four Assistant Chief how District staff training needs are assessed need to consider these factors. The current Counsels (ACC) with environmental law and demonstrate consistency among and approach of using the median time from the responsibilities work together to identify within Districts in the delivery of training in beginning of the administrative review additional training opportunities available order to achieve a sufficient level of process for a document to the document statewide. Each ACC has approval authority competency among all associated staff. approval date, prior to and during the Pilot to fund additional training opportunities for Inconsistencies identified through Caltrans Program does not provide a realistic or attorneys on their team. self-assessments and audit findings also serve reliable basis of comparison. At a minimum, (C2) Conformity Determinations—Section as a source to identify training needs, the metric does not account for the type of 8.5 of the MOU requires that FHWA’s including: document being reviewed or any of the other California Division Office document the (a) Project Files—When to initiate a project variables involved in the projects. A more project level conformity determination by file and what information it should contain; effective representation of project timing transmitting a letter to Caltrans to be (b) Internal QA/QC Certification Form— would be to compare the timing of projects included in the Final Environmental Impact Who the reviewers should be and when they prior to and during the Pilot Program by Statement (EIS) or Environmental should sign the form; document type (i.e., compare EIS projects to Assessment (EA). Based on interviews with (c) Class of action determinations—What EIS projects) and other relevant variables, Caltrans staff and review of 15 project files, documentation is used, when a such as project size, scope and complexity. conformity decisions were completed in determination is required, and who must be (b) Performance Measure: Compliance with accordance with MOU section 8.5. involved; NEPA and other Federal laws and regulations (d) Differentiating between Categorical (Maintain documented compliance with Findings—Needs Improvement Exclusions (CE) that fall under section 6004 requirements of all Federal laws and (N1) Commitment of Resources—Section and section 6005 MOUs between Caltrans regulations being assumed). Caltrans 4.2.2 of the MOU requires Caltrans to and FHWA; and measures performance by evaluating the maintain adequate organizational and staff (e) What approvals and decisions are to be percentage of environmental documents capability to effectively carry out the included in quarterly reports on the Pilot (draft and final) with a completed responsibilities it has assumed. Interviews Program and at what project stage they are to Environmental Document Preparation and with Caltrans District staff working on be reported; Review Tool and Internal Certification Capitol Projects revealed that the Work (f) Environmental document transmittals Environmental Document Quality Control Breakdown Structure (WBS) code established for the legal sufficiency process; and Reviews form. Caltrans set at the start of the to track actual time spent on Pilot Program (g) Environmental document and project Pilot Program a desired outcome of this activities is not used in a consistent manner. file transmittals to transfer projects between performance measure of a 100 percent Inconsistent use and understanding of the staff. completion rate. Based on the results of the WBS code to track labor expenditures under (N3) Performance Measure Evaluation— first two Caltrans self-assessments, the the Pilot Program provides inaccurate MOU section 10.1.1 requires Caltrans to acceptable completion rate was modified to information on the resources used to support develop performance measures for the Pilot a phased-in approach over a two-year period the Pilot Program. Caltrans should continue Program. MOU section 10.1.2 requires FHWA of time (increasing from 75 percent to 95 to clearly define, communicate and to evaluate these performance measures percent). emphasize consistent use of the WBS to staff during the audits and include the evaluation The audit team was unable to identify the supporting the Capital Projects component of in the audit reports. basis Caltrans used to modify the acceptable the Pilot Program, which activities to track FHWA noted the following areas in need completion rate for this performance using the designated WBS code for the Pilot of improvement with respect to two Pilot measure. As Caltrans is using the completion Program. Program performance measures—‘‘Timely of the Environmental Document Preparation Interviews with Caltrans District staff Completion of NEPA Process’’ and and Review Tool and Internal Certification working on Local Assistance Projects ‘‘Compliance with NEPA and other Federal Environmental Document Quality Control revealed an inability to track actual time laws and regulations.’’ Reviews form as a method of demonstrating

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compliance with NEPA and other Federal its discharge of the responsibilities assumed (D2) QA/QC Certification Process—To laws and regulations, a completion rate of under the Pilot Program. The audit team comply with MOU section 8.2.5 and SER less than 100 percent would not correlate identified inconsistencies with established Chapter 38, Caltrans requires staff to review with the demonstration of compliance with project files maintenance procedures through each environmental document in accordance assumed responsibilities under the Pilot file reviews conducted during the audit. The with the policy memo titled ‘‘Environmental Program. following inconsistencies were noted: Document Quality Control Program under the For every compliance related performance (a) Files with incomplete and/or missing NEPA Pilot Program’’ (July 2, 2007). The measure that is not at 100 percent, Caltrans required documentation; audit team observed the following needs to document each item of (b) files missing UFS file tabs; deficiencies through Caltrans staff interviews noncompliance in the project file and correct (c) electronic correspondence and data not and project file reviews: each deficiency identified. printed and/or located in the project file; and (a) SER Chapter 38 section, ‘‘Quality Caltrans (with FHWA involvement under (d) project file materials maintained Control Program,’’ requires the MOU section 10.1.1) needs to develop an separately from the project file. environmental branch chief’s ‘‘quality approach to evaluate the effectiveness of each Additionally, the audit team identified a control review,’’ to always constitute the last performance measure and to establish a lack of direction and consistency among review. In six instances identified by the process to communicate changes Caltrans staff on what items should be audit team, the environmental branch chief implemented for each performance measure. included in the official administrative file. A was not the final reviewer based on the dates (N4) Quarterly Reports—The quarterly lack of consistency of filing procedures indicated on the forms. reports Caltrans provides to FHWA under existed among generalists interviewed during (b) The SER Chapter 38 requires that the section 8.2.7 of the MOU have not the audit. Caltrans’ independent review of the consistently included an accurate listing of (N8) Establishment of Environmental environmental document not begin until the all approvals and decisions under the Pilot Project Files—The audit team observed a lack External QC Certification form has been Program. Quarterly reports received by of clear understanding and inconsistent completed. It was observed in three instances FHWA have been revised and resubmitted by implementation among Caltrans staff on that the completion of the Internal Caltrans to address reporting data gaps. Audit when to establish environmental project files. Certification QC form predated the team review of the content of the quarterly SER Chapter 38 ‘‘Instructions for Using the completion of the External Certification QC reports and discussions with Caltrans staff UFS’’ states ‘‘Establishing environmental form. who develop input for the quarterly reports project files based on this UFS as soon as (D3) Submission of Environmental suggested that the processes leading to report environmental studies begin, and Documents for Legal Review—Three of the production is inconsistent in approach to maintaining these files are mandatory.’’ four environmental documents the audit what approvals and decisions are to be (N9) QA/QC Process Implementation—The team identified as having undergone legal reported Caltrans HQ by the District offices. Caltrans QA/QC process developed to review prior to the July 2008 audit were not Clear guidance to the Districts is needed on comply with section 8.2.5 of the MOU has submitted in accordance with the procedures what approvals and decisions are to be not been consistently implemented for all specified in the Division of Environmental reported and at what stage they are to be projects assumed under the Pilot Program. Affairs (DEA) memorandum dated July 2, reported. Caltrans requires that each environmental 2007, ‘‘Environmental Document Quality (N5) Varying Understanding of Section document be reviewed according to the Control Program under the NEPA Pilot 6004/Section 6005 CEs—Sections 3.1.1 and processes established in the policy memo Program’’ (nor, by reference, the then- 3.1.2 of the MOU define the scope of ‘‘Environmental Document Quality Control operative October 15, 2007, Caltrans Legal assignment in terms of the Section 6004 Program under the NEPA Pilot Program’’ Division memorandum, ‘‘Procedures for MOU (State Assumption of Responsibility for (July 2, 2007). The audit team identified Determining Legal Sufficiency for the Categorical Exclusion program, 23 U.S.C. through interviews with Caltrans staff and Environmental Documents under the NEPA 326). An inconsistent understanding of through project files reviews that an Pilot Program’’). The procedural deviations determinations of Section 6005 versus inconsistent understanding and identified are as follows: Section 6004 project applicability was implementation of the steps in the QA/QC (a) One NEPA environmental assessment, identified from interviews and review of process for environmental documents meeting Caltrans’ criteria for a ‘‘Complex project files during the audit. For each CE, existed. EA’’ per the July 2, 2007, DEA memorandum District staff need to understand the purpose, The audit identified a general lack of (public controversy and controversy over use of Caltrans procedures associated with understanding of the purpose of the use of project purpose), underwent legal review CEs and consistently complete and maintain the Internal Certification with respect to its prior to approval without the program office in the project file the Categorical Exemption/ role in the Pilot Program responsibilities having provided the reviewing attorney any Categorical Exclusion Determination form assumed. This lack of understanding of the supporting documentation for and the Categorical Exclusion Checklist. involves the overall reasoning and logic for ‘‘Complex EAs’’ required by the July 2, 2007, (N6) Creating and Maintaining Project File the comprehensive progression of authorities and October 15, 2007, memoranda. Protocols—Section 8.2.4 of the MOU requires of the reviews needed in completion of the (b) Two other transmittals were sent to that Caltrans maintain project files that certification form. The audit identified a lack request the initiation of the formal Legal include all letters and comments received of clear understanding among Caltrans staff Sufficiency review without the reviewing from governmental agencies, the public, and that the environmental branch chief must be attorney having been provided all six items others relating to the Pilot Program the final signatory. Considering these required by the July 2, 2007, and the October responsibilities. In addition, section 8.2.5 of misunderstandings and the deficient finding 15, 2007, memoranda. In those cases, the MOU requires Caltrans to review and (D2) below, the Audit team recommends that however, the attorney did eventually receive monitor project file documentation thorough Caltrans evaluate the use of the QC all required items. its QA/QC process. In District 7, 8, and 11, Certification Forms to assess whether the (c) It was observed that a District’s the audit team identified a lack of consistent intended goals of its use are being met. transmittal of a Final EIS for Legal filing and record keeping procedures related Sufficiency review predated the to the storage of electronic communications. Findings—Deficient Environmental Branch Chief’s certification Caltrans does not maintain a systematic (D1) Performance Measure—Section 10.1.3 on the Internal Certification form. The SER process and has not established formal of the MOU requires Caltrans to collect data Chapter 38 requires that the transmittal to the directives regarding electronic and monitor its progress in meeting the Legal Division will include the completed correspondence and/or documents, a lack performance measures in section 10.2 of the and signed Internal and External QC which could result in the loss of electronic MOU, including performance measure certification forms. data. 10.2.1(C)(i): ‘‘Assess change in (D4) Environmental Document Process— (N7) Maintenance of Project and General communication among Caltrans, Federal and Class of Action Determinations—The audit Administrative Files—Section 8.2.4 of the State resource agencies, and the public.’’ team found an inconsistent understanding MOU requires Caltrans to maintain project Currently, Caltrans has no metric to evaluate and implementation of the process for and general administrative files pertaining to this performance measure. documentation of class of action

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determinations and concurrences. The NEPA Flexible, Efficient Transportation Equity Issued in Washington, DC, on December 8, process, dictates that the thought process and Act: A Legacy for Users (SAFETEA–LU) 2008. analysis necessary for the determination of for preconstruction activities and capital Mark E. Yachmetz, the class of action for a project should be documented as part of the project’s record- costs of fixed guideway infrastructure of Associate Administrator for Railroad keeping. Sections 771.111(a) and (b) of Title maglev projects east of the Mississippi Development. 23, Code of Federal Regulations discuss the River. (That notice and this notice do [FR Doc. E8–29531 Filed 12–12–08; 8:45 am] determination and identification of the class not apply to the maglev project between BILLING CODE 4910–06–P of action for a project and to verify Las Vegas and Primm, NV.) Based upon compliance with these regulations requires the Joint Explanatory Statement of the some documentation. House Transportation and Infrastructure Additionally, Chapter 38 of the SER DEPARTMENT OF TRANSPORTATION provides a means of documenting class of Committee and the Senate action determinations via the Preliminary Environmental and Public Works Maritime Administration Environmental Analysis Report for State Committee, and the Senate Committee Highway System projects or via the on Commerce, Science and Presidential Memorandum of Preliminary Environmental Study form for Transportation, Congress explained its November 25, 2008; Marine War Risk Local Assistance projects. The procedures intent ‘‘to limit the eligible projects to Insurance Under 46 U.S.C. Ch. 539 also require class of action determinations for three existing projects east of the all EAs (including Complex EAs) and EISs to be made with the concurrence of the Mississippi River: Pittsburgh, Baltimore- On November 25, 2008, President Headquarters Environmental Coordinator. Washington, and Atlanta-Chattanooga.’’ George W. Bush approved the provision The SER states that, ‘‘obtaining the Proponents of eligible projects have of vessel War risk insurance by concurrence of the Headquarters requested meetings with FRA to clarify memorandum for the Secretary of State Environmental Coordinator may be done the application requirements. Because and the Secretary of Transportation. The through an e-mail which includes the project text of this memorandum reads: description, proposed class of action, and of the competitive nature of the rationale. The Coordinator’s e-mail response application process, FRA will hold an By virtue of the authority vested in will provide concurrence.’’ open meeting where interested me by the Constitution and laws of the The audit team observed through project proponents of any of these three projects United States, including 3 U.S.C. 301 file review in the 3 Districts visited, the might discuss application requirements and 46 U.S.C. Ch. 539, I hereby: process described in the SER was not with FRA, in a forum that will permit consistently followed. In more than six proponents of all eligible projects to Approve the provision by the Secretary of instances, project files did not contain any benefit from these discussions. All Transportation of insurance or reinsurance of record of a class of action determination or vessels (including cargo and crew) against questions and responses will be concurrence. This area was cited as Needs loss or damage by war risks in the manner available in summary form on FRA’s Improvement in the January 2008 audit. and to the extent provided in chapter 539 of Interviews with Caltrans staff and review of Web site after the meeting. title 46, United States Code, for trade in the project files showed varying understanding and compliance with the SER and with DATES: The meeting will be held on Black Sea, whenever, after consultation with Caltrans Application section 773.106 Wednesday December 17, 2008, the Secretary of State, it appears to the (b)(3)(ii) and MOU section 5.1.1 regarding between 9:30 and 11 a.m., in room 7 of Secretary of Transportation that such procedural and substantive requirements. the first floor conference center in the insurance adequate for the needs of the water-borne commerce of the United States [FR Doc. E8–29628 Filed 12–12–08; 8:45 am] west building of the U.S. Department of cannot be obtained on reasonable terms and BILLING CODE 4910–22–P Transportation headquarters, 1200 New Jersey Ave., SE., Washington, DC 20590. conditions from companies authorized to do To expedite clearance through building insurance business in a State of the United DEPARTMENT OF TRANSPORTATION security, persons interested in attending States. To the extent individual policies must notify FRA at the point of contact involve an exposure in excess of the amounts Federal Railroad Administration below of their intent to attend by close available in the War Risk Revolving Fund, of business Tuesday, December 16. such policies may be issued only after consultation with the Office of Management Notice of Informational Meeting Persons unable to attend with questions and Budget. This approval to provide Regarding Applications for SAFETEA– concerning the application process may insurance or reinsurance is effective for 90 LU Magnetic Levitation Project submit these questions via email to the Selection days, except that existing policies shall contact identified below. remain in force pursuant to the terms of these AGENCY: Federal Railroad To Express Intent to Attend the policies. I hereby delegate to the Secretary of Administration (FRA), Department of Meeting, or to Submit Questions to be Transportation, in consultation with the Transportation (DOT). Addressed at the Meeting, Contact: Secretary of State, the authority vested in me ACTION: Notice of informational meeting Rachell Macklin, Office of Railroad by 46 U.S.C. 53902 and 53905. concerning applications for grants to Development (RDV–13), Federal The Secretary of Transportation is directed existing magnetic levitation (maglev) Railroad Administration at to bring the approval to the immediate projects located east of the Mississippi [email protected] or by phone at attention of all U.S.-flag vessel operators and River. (202) 493–6340 or by fax at (202) 493– to arrange for its publication in the Federal 6330. Register. SUMMARY: On October 16, 2008, the Federal Railroad Administration (FRA) FOR FURTHER INFORMATION CONTACT: By Order of the Maritime Administrator. published a Notice of Funds Peter Montague, Chief, Program Leonard Sutter, Availability in the Federal Register. (FR Implementation Division, Office of Secretary, Maritime Administration. Vol. 73, No. 201/Thursday October 16, Railroad Development, Federal Railroad [FR Doc. E8–29536 Filed 12–12–08; 8:45 am] 2008, pg 61449) In that Notice, FRA Administration at BILLING CODE 4910–81–P solicited applications from eligible [email protected] or by phone at applicants for $45 million authorized by (202) 493–6381 or by fax at (202) 493– section 1307 of the Safe, Accountable, 6330.

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DEPARTMENT OF TRANSPORTATION By the Board, Chairman Nottingham, Vice Office of Financial Education Chairman Mulvey, and Commissioner Buttrey. OMB Number: 1505–XXXX. Surface Transportation Board Type of Review: New Collection. Jeffrey Herzig, [STB Finance Docket No. 35183] Title: Community Financial Access Clearance Clerk. Pilot Quarterly Report. Genesee & Wyoming Inc.—Control [FR Doc. E8–29561 Filed 12–12–08; 8:45 am] Description: Information will be Exemption—Georgia Southwestern BILLING CODE 4915–01–P collected on a voluntary basis from Railroad, Inc. financial institutions and financial education providers working with the AGENCY: Surface Transportation Board. DEPARTMENT OF TRANSPORTATION Department of the Treasury on the ACTION: Notice of Exemption. Community Financial Access Pilot Surface Transportation Board SUMMARY: The Board grants an (Pilot). This information is necessary to exemption, under 49 U.S.C. 10502, from Release of Waybill Data assess the effectiveness of the Pilot the prior approval requirements of 49 strategies to expand access to financial U.S.C. 11323–25 for Genesee & The Surface Transportation Board has services and financial education for Wyoming Inc. (GWI), a noncarrier, to received a request from the Association low- and moderate-income individuals. acquire indirect control of Georgia of American Railroads (WB463–11–10/ The information will allow Treasury to Southwestern Railroad, Inc. (GSWR), 17/08) for permission to use certain data assess the effectiveness of each Pilot site subject to labor protective conditions. from the Board’s Carload Waybill strategy and the Pilot as a whole in Pursuant to the Stock Purchase Samples. A copy of this request may be expanding financial access and financial Agreement entered into by and among obtained from the Office of Economics, education. GSW Acquisition Sub Inc. (GSW Sub), Environmental Analysis, and Respondents: Businesses and other GWI, Terry R. Small, and David L. Administration. for-profit institutions, and not-for-profit Smoot, GSW Sub will acquire direct The waybill sample contains institutions. Estimated Total Reporting Burden: control of GSWR, and because GSW Sub confidential railroad and shipper data; therefore, if any parties object to these 2,000 hours. is a wholly owned direct subsidiary of Clearance Officer: Louisa Quittman, GWI, GWI will acquire indirect control requests, they should file their Treasury Office of Financial Education, of GSWR. GWI is a holding company objections with the Director of the 1500 Pennsylvania Avenue, that directly or indirectly controls one Board’s Office of Economics, Washington, DC 20220, (202) 622–8103. Class II rail carrier, 28 Class III Environmental Analysis, and 1 Administration within 14 calendar days OMB Reviewer: Nick Fraser (202) 395– railroads, two limited liability 5887, Office of Management and Budget, companies, and additional railroads of the date of this notice. The rules for release of waybill data are codified at 49 Room 10235, New Executive Office with two wholly owned subsidiaries Building, Washington, DC 20503. that are noncarrier holding companies. CFR 1244.9. Contact: Scott Decker, (202) 245– DATES: This exemption will be effective Robert Dahl, on January 14, 2009. Petitions to stay 0330. Treasury PRA Clearance Officer. must be filed by December 26, 2008. Kulunie L. Cannon, [FR Doc. E8–29548 Filed 12–12–08; 8:45 am] Petitions to reopen must be filed by Clearance Clerk. BILLING CODE 4810–25–P January 5, 2009. [FR Doc. E8–29530 Filed 12–12–08; 8:45 am] ADDRESSES: Send an original and 10 BILLING CODE 4915–01–P copies of all pleadings, referring to STB DEPARTMENT OF THE TREASURY Finance Docket No. 35183, to: Surface Office of Foreign Assets Control Transportation Board, 395 E Street, DEPARTMENT OF THE TREASURY S.W., Washington, DC 20423–0001. In Additional Designation of Individuals addition, send one copy of pleadings to Submission for OMB Review; Pursuant to Executive Order 13224 Kevin M. Sheys, K&L Gates LLP, 1601 Comment Request K Street, NW., Washington, DC 20006. AGENCY: Office of Foreign Assets FOR FURTHER INFORMATION CONTACT: December 9, 2008. Control, Treasury. Melissa Ziembicki, (202) 245–0386 The Department of Treasury will ACTION: Notice. [Assistance for the hearing impaired is submit the following public information SUMMARY: The Treasury Department’s available through the Federal collection requirement(s) to OMB for Office of Foreign Assets Control Information Relay Service (FIRS) at 1– review and clearance under the (‘‘OFAC’’) is publishing the names of 800–877–8339]. Paperwork Reduction Act of 1995, Public Law 104–13 after the date of three newly designated individuals SUPPLEMENTARY INFORMATION: publication of this notice. Copies of the whose property and interests in Additional information is contained in submission(s) may be obtained by property are blocked pursuant to the Board’s decision. Board decisions calling the Treasury Bureau Clearance Executive Order 13224 of September 23, and notices are available on our Web Officer listed. Comments regarding this 2001, ‘‘Blocking Property and site at ‘‘http://www.stb.dot.gov.’’ information collection should be Prohibiting Transactions With Persons Decided: December 9, 2008. addressed to the OMB reviewer listed Who Commit, Threaten To Commit, or and to the Treasury Department Support Terrorism.’’ 1 On October 1, 2008, GWI filed a petition for Clearance Officer, Department of the DATES: The designation by the Director exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 11323–25, in Treasury, Room 11020, 1750 of OFAC of the three individuals STB Finance Docket No. 35177, Genesee & Pennsylvania Avenue, NW., identified in this notice, pursuant to Wyoming Inc.—Control Exemption—Aliquippa & Washington, DC 20220. Executive Order 13224, is effective on Ohio River Railroad Co., et al., to acquire control DATES: December 4, 2008. of Summit View, Inc. (Summit View), a noncarrier, Written comments should be and thereby acquire control of 10 additional Class received on or before January 14, 2009 FOR FURTHER INFORMATION CONTACT: III railroads that are controlled by Summit View. to be assured of consideration. Assistant Director, Compliance

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Outreach & Implementation, Office of foreign authorities as the Secretary of Dated: December 4, 2008. Foreign Assets Control, Department of State, in consultation with the Secretary Adam J. Szubin, the Treasury, Washington, DC 20220, of the Treasury, the Secretary of the Director, Office of Foreign Assets Control. tel.: 202/622–2490. Department of Homeland Security and [FR Doc. E8–29596 Filed 12–12–08; 8:45 am] SUPPLEMENTARY INFORMATION: the Attorney General, deems BILLING CODE 4811–45–P appropriate in the exercise of his Electronic and Facsimile Availability discretion, persons determined by the This document and additional Director of OFAC, in consultation with DEPARTMENT OF VETERANS information concerning OFAC are the Departments of State, Homeland AFFAIRS available from OFAC’s Web site Security and Justice, to assist in, (http://www.treas.gov/ofac) or via sponsor, or provide financial, material, [OMB Control No. 2900–0386] facsimile through a 24-hour fax-on- or technological support for, or financial demand service, tel.: 202/622–0077. or other services to or in support of, Proposed Information Collection (Interest Rate Reduction Refinancing Background such acts of terrorism or those persons listed in the Annex to the Order or Loan Worksheet) Activity: Comment On September 23, 2001, the President determined to be subject to the Order or Request issued Executive Order 13224 (the to be otherwise associated with those AGENCY: ‘‘Order’’) pursuant to the International Veterans Benefits persons listed in the Annex to the Order Administration, Department of Veterans Emergency Economic Powers Act, 50 or those persons determined to be U.S.C. 1701–1706, and the United Affairs. subject to subsection 1(b), 1(c), or 1(d)(i) ACTION: Notice. Nations Participation Act of 1945, 22 of the Order. U.S.C. 287c. In the Order, the President On December 4, 2008, the Director of SUMMARY: The Veterans Benefits declared a national emergency to OFAC, in consultation with the Administration (VBA), Department of address grave acts of terrorism and Departments of State, Homeland Veterans Affairs (VA), is announcing an threats of terrorism committed by Security, Justice and other relevant opportunity for public comment on the foreign terrorists, including the agencies, designated, pursuant to one or proposed collection of certain September 11, 2001, terrorist attacks in more of the criteria set forth in information by the agency. Under the New York, Pennsylvania, and at the subsections 1(b), 1(c) or 1(d) of the Paperwork Reduction Act (PRA) of Pentagon. The Order imposes economic Order, three individuals whose property 1995, Federal agencies are required to sanctions on persons who have and interests in property are blocked publish notice in the Federal Register committed, pose a significant risk of concerning each proposed collection of committing, or support acts of terrorism. pursuant to Executive Order 13224. information, including each proposed The President identified in the Annex to The list of designees is as follows: extension of a currently approved the Order, as amended by Executive 1. GELOWICZ, Fritz Martin (a.k.a. collection, and allow 60 days for public Order 13268 of July 2, 2002, 13 GEBERT, Markus; a.k.a. GELOWICZ, individuals and 16 entities as subject to Abdullah; a.k.a. GELOWICZ, Fritz comment in response to the notice. This the economic sanctions. The Order was Martin Abdullah; a.k.a. GELOWITZ, notice solicits comments for information further amended by Executive Order Fritz Martin Abdullah; a.k.a. KONARS, needed to determine whether lenders 13284 of January 23, 2003, to reflect the Robert; a.k.a. ‘‘BENZL’’), Boefinger Weg computed the loan amount on interest creation of the Department of Homeland 20, Ulm 89075, Germany; rate reduction refinancing loans Security. Eberhardstrasse 70, Ulm 89073, properly. Section 1 of the Order blocks, with Germany; DOB 1 Sep 1979; alt. DOB 10 DATES: Written comments and certain exceptions, all property and Apr 1979; POB Munich, Germany; alt. recommendations on the proposed interests in property that are in or POB Liege, Belgium; citizen Germany; collection of information should be hereafter come within the United States Passport 7020069907 (Germany); received on or before February 13, 2009. or the possession or control of United Personal ID Card 7020783883; currently ADDRESSES: incarcerated at Stuttgart-Stammheim, Submit written comments States persons, of: (1) Foreign persons on the collection of information through listed in the Annex to the Order; (2) Germany (individual) [SDGT]. http://www.Regulations.gov or to Nancy foreign persons determined by the 2. SCHNEIDER, Daniel Martin (a.k.a. J. Kessinger, Veterans Benefits Secretary of State, in consultation with SCHNEIDER, Martin Daniel), Administration (20M35), Department of the Secretary of the Treasury, the Petrusstrasse 32, Herrensohr Dudweiler, Veterans Affairs, 810 Vermont Avenue, Secretary of the Department of Saarbruecken 66125, Germany; zum NW., Washington, DC 20420 or e-mail to Homeland Security and the Attorney Gruehlingsstollen 1A, Friedrichstahl [email protected]. Please refer to General, to have committed, or to pose 66299, Germany; Rosenstrasse 2, ‘‘OMB Control No. 2900–0386’’ in any a significant risk of committing, acts of Friedrichstahl 66299, Germany; DOB 9 correspondence. During the comment terrorism that threaten the security of Sep 1985; POB Neunkirchen, Germany; period, comments may be viewed online U.S. nationals or the national security, citizen Germany; Federal ID Card through the Federal Docket Management foreign policy, or economy of the United 2318229333; Passport 2318047793 System (FDMS) at http:// States; (3) persons determined by the (Germany); currently incarcerated at www.Regulations.gov. Director of OFAC, in consultation with Schwalmstadt, Germany (individual) the Departments of State, Homeland [SDGT]. FOR FURTHER INFORMATION CONTACT: Security and Justice, to be owned or 3. YILMAZ, Adem, Sudliche Nancy J. Kessinger at (202) 461–9769 or controlled by, or to act for or on behalf Ringstrasse 133, Langen 63225, FAX (202) 275–5947. of those persons listed in the Annex to Germany; DOB 4 Nov 1978; alt. DOB 11 SUPPLEMENTARY INFORMATION: Under the the Order or those persons determined Apr 1978; POB Bayburt, Turkey; citizen PRA of 1995 (Pub. L. 104–13; 44 U.S.C. to be subject to subsection 1(b), 1(c), or Turkey; Passport TR-P 614166 (Turkey); 3501–21), Federal agencies must obtain 1(d)(i) of the Order; and (4) except as alt. Passport 0018850 (Turkey); approval from the Office of Management provided in section 5 of the Order and currently incarcerated at Weiterstadt, and Budget (OMB) for each collection of after such consultation, if any, with Germany (individual) [SDGT]. information they conduct or sponsor.

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This request for comment is being made ACTION: Notice. By direction of the Secretary. pursuant to Section 3506(c)(2)(A) of the Denise McLamb, PRA. SUMMARY: In compliance with the Program Analyst, Records Management With respect to the following Paperwork Reduction Act (PRA) of 1995 Service. collection of information, VBA invites (44 U.S.C. 3501–3521), this notice [FR Doc. E8–29575 Filed 12–12–08; 8:45 am] announces that the Veterans Benefits comments on: (1) Whether the proposed BILLING CODE 8320–01–P collection of information is necessary Administration (VBA), Department of for the proper performance of VBA’s Veterans Affairs, will submit the functions, including whether the collection of information abstracted DEPARTMENT OF VETERANS information will have practical utility; below to the Office of Management and AFFAIRS (2) the accuracy of VBA’s estimate of the Budget (OMB) for review and comment. burden of the proposed collection of The PRA submission describes the [OMB Control No. 2900–0679] information; (3) ways to enhance the nature of the information collection and quality, utility, and clarity of the its expected cost and burden; it includes Proposed Information Collection information to be collected; and (4) the actual data collection instrument. (Certification of Change or Correction ways to minimize the burden of the DATE: Comments must be submitted on of Name); Comment Request collection of information on or before January 14, 2009. respondents, including through the use AGENCY: Veterans Benefits ADDRESSES: Submit written comments of automated collection techniques or Administration, Department of Veterans on the collection of information through Affairs. the use of other forms of information www.Regulations.gov or to VA’s OMB ACTION: Notice. technology. Desk Officer, OMB Human Resources Title: Interest Rate Reduction and Housing Branch, New Executive Refinancing Loan Worksheet, VA Form SUMMARY: The Veterans Benefits Office Building, Room 10235, 26–8923. Administration (VBA), Department of OMB Control Number: 2900–0386. Washington, DC 20503, (202) 395–7316. Veterans Affairs (VA), is announcing an Type of Review: Extension of a Please refer to ‘‘OMB Control No. 2900– opportunity for public comment on the currently approved collection. 0132’’ in any correspondence. proposed collection of certain Abstract: Lenders are required to FOR FURTHER INFORMATION CONTACT: information by the agency. Under the submit VA Form 26–8923, to request a Denise McLamb, Records Management Paperwork Reduction Act (PRA) of guaranty on all interest rate reduction Service (005R1B), Department of 1995, Federal agencies are required to refinancing loan and provide a receipt Veterans Affairs, 810 Vermont Avenue, publish notice in the Federal Register as proof that the funding fee was paid NW., Washington, DC 20420, (202) 461– concerning each proposed collection of or evidence that a claimant was exempt 7485, FAX (202) 273–0443 or e-mail information, including each proposed from such fee. VA uses the data [email protected]. Please extension of a currently approved collected to ensure lenders computed refer to ‘‘OMB Control No. 2900–0132.’’ collection, and allow 60 days for public the funding fee and the maximum SUPPLEMENTARY INFORMATION: comment in response to this notice. permissible loan amount for interest rate Title: Application in Acquiring This notice solicits comments on reduction refinancing loans correctly. Specially Adapted Housing or Special information needed to change or correct Affected Public: Business or other for Home Adaptation Grant, VA Form 26– an insured claimant’s name. profit. 4555. DATES: Written comments and Estimated Annual Burden: 5,000 OMB Control Number: 2900–0132. recommendations on the proposed hours. Type of Review: Extension of a collection of information should be Estimated Average Burden per received on or before February 13, 2009. Respondent: 10 minutes. currently approved collection. Frequency of Response: On occasion. Abstract: Veterans with service- ADDRESSES: Submit written comments Estimated Number of Respondents: connected disability complete VA Form on the collection of information through 30,000. 26–4555 to apply for assistance in Federal Docket Management System acquiring specially adapted housing or (FDMS) at www.Regulations.gov; or to Dated: December 4, 2008. the special home adaptation grant. VA Nancy J. Kessinger, Veterans Benefits By direction of the Secretary. uses the data collected to determine the Administration (20M35), Department of Denise McLamb, veteran’s eligibility. Veterans Affairs, 810 Vermont Avenue, Program Analyst, Records Management An agency may not conduct or NW., Washington, DC 20420 or e-mail Service. sponsor, and a person is not required to [email protected]. Please refer to [FR Doc. E8–29577 Filed 12–12–08; 8:45 am] respond to a collection of information ‘‘OMB Control No. 2900–0679 in any BILLING CODE 8320–01–P unless it displays a currently valid OMB correspondence. During the comment control number. The Federal Register period, comments may be viewed online Notice with a 60-day comment period through FDMS at www.Regulations.gov. DEPARTMENT OF VETERANS soliciting comments on this collection FOR FURTHER INFORMATION CONTACT: AFFAIRS of information was published on Nancy J. Kessinger at (202) 461–9769 or [OMB Control No. 2900–0132] October 3, 2008, at page 57731. FAX (202) 275–5947. Affected Public: Individuals or SUPPLEMENTARY INFORMATION: Agency Information Collection Under the households. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. (Application in Acquiring Specially Estimated Annual Burden: 500 hours. Adapted Housing or Special Home 3501–3521), Federal agencies must Estimated Average Burden Per obtain approval from the Office of Adaptation Grant) Activities Under Respondent: 10 minutes. OMB Review Management and Budget (OMB) for each Frequency of Response: On occasion. collection of information they conduct AGENCY: Veterans Benefits Estimated Number of Respondents: or sponsor. This request for comment is Administration, Department of Veterans 3,000. being made pursuant to Section Affairs. Dated: December 4, 2008. 3506(c)(2)(A) of the PRA.

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With respect to the following extension of a currently approved insurance and to elect to pay the past collection of information, VBA invites collection, and allow 60 days for public due premiums. VA uses the data comments on: (1) Whether the proposed comment in response to this notice. collected to determine the claimant’s collection of information is necessary This notice solicits comments on eligibility for reinstatement of such for the proper performance of VBA’s information needed to determine insurance. functions, including whether the claimants’ eligibility to reinstate lapsed Affected Public: Individuals or information will have practical utility; Government Life Insurance policy. Households. (2) the accuracy of VBA’s estimate of the DATES: Written comments and Estimated Annual Burden: burden of the proposed collection of recommendations on the proposed a. VA Form 29–389—3,399 hours. information; (3) ways to enhance the collection of information should be b. VA Form 29–389–1—1,060 hours. quality, utility, and clarity of the received on or before February 13, 2009. Estimated Average Burden per Respondent: information to be collected; and (4) ADDRESSES: Submit written comments ways to minimize the burden of the a. VA Form 29–389—12 minutes. on the collection of information through b. VA Form 29–389–1—10 minutes. collection of information on Federal Docket Management System respondents, including through the use Frequency of Response: On occasion. (FDMS) at www.Regulations.gov; or to Estimated Number of Respondents: of automated collection techniques or Nancy J. Kessinger, Veterans Benefits the use of other forms of information a. VA Form 29–389—16,993. Administration (20M35), Department of b. VA Form 29–389–1—6,359. technology. Veterans Affairs, 810 Vermont Avenue, Title: Certification of Change or NW., Washington, DC 20420 or e-mail Dated: December 4, 2008. Correction of Name, VA Form 29–586. [email protected]. Please refer to By direction of the Secretary. OMB Control Number: 2900–0679. ‘‘OMB Control No. 2900–0128 in any Denise McLamb, Type of Review: Extension of a correspondence. During the comment Program Analyst, Records Management currently approved collection. period, comments may be viewed online Service. Abstract: Claimants complete VA through FDMS at www.Regulations.gov. [FR Doc. E8–29581 Filed 12–12–08; 8:45 am] Form 29–586 to certify a change or FOR FURTHER INFORMATION CONTACT: BILLING CODE 8320–01–P correction to their name on Government Nancy J. Kessinger at (202) 461–9769 or Life Insurance policies. FAX (202) 275–5947. Affected Public: Individuals or DEPARTMENT OF VETERANS SUPPLEMENTARY INFORMATION: Under the households. AFFAIRS Estimated Annual Burden: 20 hours. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Estimated Average Burden Per 3501–3521), Federal agencies must [OMB Control No. 2900–0381] obtain approval from the Office of Respondent: 10 minutes. Agency Information Collection (Report Frequency of Response: On occasion. Management and Budget (OMB) for each collection of information they conduct Transfer of Custody Event) Activities Estimated Number of Respondents: Under OMB Review 120. or sponsor. This request for comment is being made pursuant to Section Dated: December 4, 2008. AGENCY: Veterans Benefits 3506(c)(2)(A) of the PRA. Administration, Department of Veterans By direction of the Secretary. With respect to the following Affairs. Denise McLamb, collection of information, VBA invites ACTION: Notice. Program Analyst, Records Management comments on: (1) Whether the proposed Service. collection of information is necessary SUMMARY: In compliance with the [FR Doc. E8–29576 Filed 12–12–08; 8:45 am] for the proper performance of VBA’s Paperwork Reduction Act (PRA) of 1995 BILLING CODE 8320–01–P functions, including whether the (44 U.S.C. 3501–3521), this notice information will have practical utility; announces that the Veterans Benefits (2) the accuracy of VBA’s estimate of the Administration (VBA), Department of DEPARTMENT OF VETERANS burden of the proposed collection of Veterans Affairs, will submit the AFFAIRS information; (3) ways to enhance the collection of information abstracted [OMB Control No. 2900–0128] quality, utility, and clarity of the below to the Office of Management and information to be collected; and (4) Budget (OMB) for review and comment. Proposed Information Collection ways to minimize the burden of the The PRA submission describes the (Notice of Lapse—Government Life collection of information on nature of the information collection and Insurance); Comment Request respondents, including through the use its expected cost and burden; it includes of automated collection techniques or the actual data collection instrument. AGENCY: Veterans Benefits the use of other forms of information Administration, Department of Veterans DATES: Comments must be submitted on technology. or before January 14, 2009. Affairs. Titles: ADDRESSES: Submit written comments ACTION: Notice. a. Notice of Lapse—Government Life Insurance, VA Form 29–389. on the collection of information through SUMMARY: The Veterans Benefits b. Application for Reinstatement, VA www.Regulations.gov or to VA’s OMB Administration (VBA), Department of Form 29–389–1. Desk Officer, OMB Human Resources Veterans Affairs (VA), is announcing an OMB Control Number: 2900–0128. and Housing Branch, New Executive opportunity for public comment on the Type of Review: Extension of a Office Building, Room 10235, proposed collection of certain currently approved collection. Washington, DC 20503 (202) 395–7316. information by the agency. Under the Abstract: VA Forms 29–389 and 29– Please refer to ‘‘OMB Control No. 2900– Paperwork Reduction Act (PRA) of 389–1 are used to inform claimants that 0381’’ in any correspondence. 1995, Federal agencies are required to their government life insurance has FOR FURTHER INFORMATION CONTACT: publish notice in the Federal Register lapsed or will lapse due to non payment Denise McLamb, Records Management concerning each proposed collection of of premiums. The claimant must Service (005R1B), Department of information, including each proposed complete the application to reinstate the Veterans Affairs, 810 Vermont Avenue,

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NW., Washington, DC 20420, (202) 461– DEPARTMENT OF VETERANS Management and Budget (OMB) for each 7485, FAX (202) 273–0443 or e-mail AFFAIRS collection of information they conduct [email protected]. Please or sponsor. This request for comment is [OMB Control No. 2900–0073] refer to ‘‘OMB Control No. 2900–0381.’’ being made pursuant to Section 3506(c)(2)(A) of the PRA. SUPPLEMENTARY INFORMATION: Proposed Information Collection (VA Enrollment Certification) Activity: With respect to the following Title: Report Transfer of Custody Comment Request collection of information, VBA invites Event, VA Form 26–8903. comments on: (1) Whether the proposed OMB Control Number: 2900–0381. AGENCY: Veterans Benefits collection of information is necessary Administration, Department of Veterans for the proper performance of VBA’s Type of Review: Extension of a Affairs. functions, including whether the currently approved collection. ACTION: Notice. information will have practical utility; Abstract: VA Form 26–8903 serves (2) the accuracy of VBA’s estimate of the four purposes: holder’s election to SUMMARY: The Veterans Benefits burden of the proposed collection of convey, invoice for the purchase price Administration (VBA), Department of information; (3) ways to enhance the of the property, VA’s voucher for Veterans Affairs (VA), is announcing an quality, utility, and clarity of the authorizing payment to the holder, and opportunity for public comment on the information to be collected; and (4) establishment of VA’s property records. proposed collection of certain ways to minimize the burden of the The form provides holders, who elected information by the agency. Under the collection of information on to convey properties to VA, with a Paperwork Reduction Act (PRA) of respondents, including through the use convenient and uniform way of 1995, Federal agencies are required to of automated collection techniques or notifying VA regarding foreclosed GI publish notice in the Federal Register the use of other forms of information concerning each proposed collection of home loan. technology. information, including each proposed Title: VA Enrollment Certification, VA An agency may not conduct or extension of currently approved Form 22–1999. sponsor, and a person is not required to collection, and allow 60 days for public OMB Control Number: 2900–0073. respond to a collection of information comment in response to the notice. This Type of Review: Extension of a unless it displays a currently valid OMB notice solicits comments for information currently approved collection. control number. The Federal Register needed to determine the amount of Abstract: School officials and Notice with a 60-day comment period educational benefits payable to employers complete VA Form 22–1999 soliciting comments on this collection claimants pursuing approved programs to report and certify a claimant’s of information was published on of education. enrollment in an educational program. October 3, 2008, at page 57730. DATES: Written comments and The data is used to determine the Affected Public: Individuals or recommendations on the proposed amount of benefits payable and whether households. collection of information should be the claimant requested an advanced or received on or before February 13, 2009. accelerated payment. Estimated Annual Burden: 2,500 ADDRESSES: Affected Public: Not-for-profit hours. Submit written comments on the collection of information through institutions. Estimated Average Burden per Federal Docket Management System Estimated Annual Burden: Respondent: 10 minutes. (FDMS) at www.Regulations.gov or to a. Electronically—104,262 hours. Frequency of Response: On occasion. Nancy J. Kessinger, Veterans Benefits b. Paper copy—55,855 hours. Estimated Average Burden per Estimated Number of Total Administration (20M35), Department of Veterans Affairs, 810 Vermont Avenue, Respondent: Respondents: 15,000. NW., Washington, DC 20420 or e-mail to c. Electronically—8 minutes. Dated: December 4, 2008. [email protected]. Please refer to d. Paper copy—10 minutes. By direction of the Secretary. ‘‘OMB Control No. 2900–0073’’ in any Frequency of Response: On occasion. Estimated Number of Respondents: Denise McLamb, correspondence. During the comment period, comments may be viewed online a. Electronically—781,967. Program Analyst, Records Management b. Paper copy—335,129. Service. through FDMS. Dated: December 4, 2008. [FR Doc. E8–29574 Filed 12–12–08; 8:45 am] FOR FURTHER INFORMATION CONTACT: By direction of the Secretary. BILLING CODE 8320–01–P Nancy J. Kessinger at (202) 461–9769 or FAX (202) 275–5947. Denise McLamb, SUPPLEMENTARY INFORMATION: Under the Program Analyst, Records Management PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Service. 3501–3521), Federal agencies must [FR Doc. E8–29583 Filed 12–12–08; 8:45 am] obtain approval from the Office of BILLING CODE 8320–01–P

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Part II

Securities and Exchange Commission 17 CFR Part 240 Amendment to Municipal Securities Disclosure; Rule

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SECURITIES AND EXCHANGE 5620; Mary N. Simpkins, Senior Special obligated persons to comply with their COMMISSION Counsel, Office of Municipal Securities, continuing disclosure agreements. Of at (202) 551–5683; Rahman J. Harrison, the comment letters we received, twenty 17 CFR Part 240 Special Counsel, Office of Market expressed their support of the proposed 5 [Release No. 34–59062; File No. S7–21–08] Supervision, at (202) 551–5663; David J. amendments, two NRMSIRs opposed Michehl, Special Counsel, Office of the amendments 6 and one commenter RIN 3235–AK20 Market Supervision, at (202) 551–5627; neither expressed its support of nor and Steven Varholik, Attorney, Office of opposition to the proposed Amendment to Municipal Securities Market Supervision, at (202) 551–5615, amendments.7 In addition, a number of Disclosure Division of Trading and Markets, commenters offered suggestions relating AGENCY: Securities and Exchange Securities and Exchange Commission, to the implementation and operation of Commission. 100 F Street, NE., Washington, DC the proposed disclosure system.8 In general, commenters supported the ACTION: Final rule. 20549–6628. SUPPLEMENTARY INFORMATION: We are use of a single repository for receiving SUMMARY: The Securities and Exchange adopting amendments to Rule 15c2–12 1 continuing disclosures and believed that Commission (‘‘Commission’’) is under the Exchange Act.2 such an arrangement would be more adopting amendments to a rule under efficient than the current decentralized I. Executive Summary 9 the Securities Exchange Act of 1934 system. Commenters generally (‘‘Exchange Act’’) relating to municipal On August 7, 2008, the Commission expressed their support for the MSRB as securities disclosure. This final rule published for comment amendments to the single repository and believed that amends certain requirements regarding Rule 15c2–12 to provide for a single the MSRB would be a logical operator the information that the broker, dealer, centralized repository for the electronic of the proposed disclosure system.10 or municipal securities dealer acting as collection and availability of Commenters also expressed their an underwriter in a primary offering of information about municipal securities support for the use of an entirely municipal securities must reasonably outstanding in the secondary market.3 electronic format for submissions to the determine that an issuer of municipal The comment period for the proposed single repository, with some securities or an obligated person has amendments expired on September 22, commenters stating that paper copies undertaken, in a written agreement or 2008. The proposed amendments would should not be permitted.11 In addition, contract for the benefit of holders of the require the Participating Underwriter to commenters supported the indexing of issuer’s municipal securities, to provide. reasonably determine that the issuer or information to be submitted to the Specifically, the amendments require obligated person has undertaken in its single repository but had a variety of the broker, dealer, or municipal continuing disclosure agreement to opinions on the scope of the securities dealer to reasonably provide continuing disclosure information to be included in such 12 determine that the issuer or obligated documents: (1) Solely to the MSRB; and indexing. Some commenters person has agreed: To provide the (2) in an electronic format and expressed concern about access to information covered by the written accompanied by identifying information submitted to the single agreement to the Municipal Securities information, as prescribed by the MSRB. repository and the fees that could result 13 Rulemaking Board (‘‘MSRB’’ or We received twenty-three comment from the use of such repository, with ‘‘Board’’), instead of to multiple letters in response to our proposed 5 nationally recognized municipal amendments from a wide range of See Busby Letter, GFOA Letter, Vanguard Letter, commenters.4 The respondents included SIFMA Letter, MSRB Letter, NABL Letter, IAA securities information repositories Letter, Treasurer of the State of Connecticut Letter, (‘‘NRMSIRs’’) and state information an issuer; a mutual fund complex; e-certus Letter, Texas MAC Letter, NASACT Letter, depositories (‘‘SIDs’’); and to provide NRMSIRs; SIDs; the MSRB; trade OMAC Letter, ICI Letter, NAHEFFA Letter, such information in an electronic format organizations representing broker- Multiple-Markets Letter, NFMA Letter, EDGAR dealers, investment advisors, financial Online Letter, Dickman Letter, Mooney Letter, and accompanied by identifying Grant Letter. information as prescribed by the MSRB. analysts, government financial officials, 6 See SPSE Letter and DPC DATA Letter. The Commission’s rulemaking is and bond lawyers; and individual 7 See DAC Letter. intended to improve the availability of investors. The majority of commenters 8 See, e.g., GFOA Letter, NABL Letter, IAA Letter, information about municipal securities supported the proposed amendments e-certus Letter, NAHEFFA Letter, Multiple-Markets and believed that the Commission’s Letter, NFMA Letter, and EDGAR Online Letter. to investors, market professionals, and 9 proposal would help improve disclosure See, e.g., OMAC Letter, NFMA Letter, and the public generally. Concurrently, we Treasurer of the State of Connecticut Letter. have approved a companion proposal by for municipal securities, protect 10 See, e.g., GFOA Letter, Vanguard Letter, SIFMA the MSRB relating to its Electronic investors, restore confidence in the Letter, NASACT Letter, ICI Letter, and NFMA Municipal Market Access (‘‘EMMA’’) market, assist investors in making Letter. 11 See, e.g., Vanguard Letter, at 3, and Multiple- system for municipal securities informed investment decisions, and make it easier for issuers and other Markets Letter, at 2. disclosures. Finally, we are 12 See, e.g., GFOA Letter, Vanguard Letter, ICI withdrawing proposed amendments to Letter, OMAC Letter, NAHEFFA Letter, Multiple- 1 the Rule, issued in 2006, that would 17 CFR 240.15c2–12. Markets Letter, NFMA Letter, Edgar Online Letter, 2 15 U.S.C. 78a et seq. and DAC Letter. Neither the proposed nor the final have eliminated the MSRB as a location 3 See Securities Exchange Act Release No. 58255 Rule 15c2–12 amendments address the specific to which issuers could submit certain (July 30, 2008), 73 FR 46138 (August 7, 2008) information to be indexed. Indexing information is municipal disclosure documents. (‘‘Proposing Release’’). addressed in the MSRB’s proposed rule change and DATES: Effective Date: July 1, 2009. 4 Exhibit A, which is attached to this release, the Commission’s approval order relating to the contains the full title of each comment letter cited EMMA system and is considered separately. See FOR FURTHER INFORMATION CONTACT: herein and the citation key for these letters. Copies Securities Exchange Act Release Nos. 58256 (July Martha Mahan Haines, Assistant of all comments received on the proposed 30, 2008), 73 FR 46161 (August 7, 2008) (SR– Director and Chief, Office of Municipal amendments are available on the Commission’s MSRB–2008–05) (‘‘MSRB EMMA Proposal’’) and Internet Web site, located at http://www.sec.gov/ 59061 (December 5, 2008)(order approving MSRB Securities, at (202) 551–5681; Nancy J. comments/s7-21-08/s72108.shtml, and in the EMMA Proposal) (‘‘MSRB Approval Order’’). Burke-Sanow, Assistant Director, Office Commission’s Public Reference Room at its 13 See, e.g., NFMA Letter, GFOA Letter, Vanguard of Market Supervision, at (202) 551– Washington, DC headquarters. Letter, IAA Letter, ICI Letter, and SPSE Letter.

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some commenters opposing a system of the most recent preliminary official municipal securities market’’ by that would impose fees on issuers, statement (if one exists) to potential prohibiting the underwriting and obligated persons or investors.14 One customers; (3) to send, upon request, a subsequent recommendation of commenter believed that the exemptive copy of the final official statement to transactions in municipal securities for provision in paragraph (d)(2) of the potential customers for a specified which adequate information was not Rule, which generally is used by smaller period of time; and (4) to contract with available on an ongoing basis.22 issuers, should be retained in its current the issuer to receive, within a specified Specifically, under the 1994 form.15 A number of comment letters time, sufficient copies of the final Amendments, Participating addressed both the proposed official statement to comply with the Underwriters are prohibited, subject to amendments and the MSRB’s Rule’s delivery requirement, and the certain exemptions, from purchasing or companion proposal to establish a requirements of the rules of the MSRB.19 selling municipal securities covered by continuing disclosure service within its While the availability of primary the Rule in a primary offering, unless EMMA system.16 This release describes offering disclosure significantly the Participating Underwriter has and addresses only those portions of the improved following the adoption of reasonably determined that an issuer of comment letters that are relevant to the Rule 15c2–12, there was a continuing municipal securities or an obligated proposed amendments; the portions of concern about the adequacy of person 23 has undertaken in a written the comment letters pertaining to the disclosure in the secondary market.20 agreement or contract for the benefit of continuing disclosure component of the To enhance the quality, timing, and holders of such securities (‘‘continuing MSRB’s EMMA system are considered dissemination of disclosure in the disclosure agreement’’) to provide separately in the Commission’s order secondary municipal securities market, specified annual information and event approving the MSRB’s proposal, which in 1994 we adopted amendments to notices to certain information we also are issuing today.17 Rule 15c2–12.21 Among other things, repositories. The information to be We have carefully considered all the the 1994 Amendments placed certain provided consists of: (1) Certain annual comments we received regarding the requirements on brokers, dealers, and financial and operating information and proposed amendments and, as municipal securities dealers (‘‘Dealers’’ audited financial statements (‘‘annual 24 discussed below, are adopting the or, when used in connection with filings’’); (2) notices of the occurrence amendments, as proposed. In adopting primary offerings, ‘‘Participating of any of eleven specific events 25 these amendments, we are furthering Underwriters’’). In adopting the 1994 (‘‘material event notices’’); and (3) our intent to deter fraud and Amendments, we intended ‘‘to deter notices of the failure of an issuer or manipulation in the municipal fraud and manipulation in the other obligated person to make a securities market by improving the submission required by a continuing availability of information about 19 17 CFR 240.15c2–12. disclosure agreement (‘‘failure to file 26 municipal securities outstanding in the 20 In 1993, the Commission’s Division of Market notices’’). The 1994 Amendments secondary market. Regulation (n/k/a the Division of Trading and require the Participating Underwriter to Markets) conducted a comprehensive review of reasonably determine that an issuer of II. Background many aspects of the municipal securities market, municipal securities or an obligated including secondary market disclosure (‘‘1993 Staff A. History of Rule 15c2–12 Report’’). Findings in the 1993 Staff Report person has undertaken in the continuing highlighted the need for improved disclosure disclosure agreement to provide: (1) We have long been concerned with practices in both the primary and secondary Annual filings to each NRMSIR; (2) improving the quality, timing, and municipal securities markets. The 1993 Staff Report material event notices and failure to file dissemination of disclosure in the found that investors need sufficient current information about issuers and significant obligors to notices either to each NRMSIR or to the municipal securities markets. In an better protect themselves from fraud and effort to improve the transparency of the manipulation, to better evaluate offering prices, to 22 See 1994 Amendments, supra note 21. municipal securities market, in 1989, decide which municipal securities to buy, and to 23 Obligated persons include persons, including we adopted Rule 15c2–12 (‘‘Rule’’ or decide when to sell. Moreover, the 1993 Staff the issuer, committed by contract or other ‘‘Rule 15c2–12’’) and an accompanying Report found that the growing participation of arrangement to support payment of all or part of the individuals as both direct and indirect purchasers obligations on the municipal securities to be sold interpretation modifying a previously of municipal securities underscored the need for in an offering. See 17 CFR 240.15c2–12(f)(10). published interpretation of the legal sound recommendations by brokers, dealers, and 24 17 CFR 240.15c2–12(b)(5)(i)(A) and (B). obligations of underwriters of municipal municipal securities dealers. See Securities and 25 17 CFR 240.15c2–12(b)(5)(i)(C). The following securities.18 At the time of its adoption Exchange Commission, Division of Market events, if material, require notice: (1) Principal and Regulation (n/k/a Division of Trading and Markets), interest payment delinquencies; (2) non-payment in 1989, Rule 15c2–12 required, and Staff Report on the Municipal Securities Market related defaults; (3) unscheduled draws on debt still requires, an underwriter acting in a (September 1993) (available at http://www.sec.gov/ service reserves reflecting financial difficulties; (4) primary offering of municipal securities info/municipal.shtml). unscheduled draws on credit enhancements of $1,000,000 or more: (1) To obtain and 21 See Securities Exchange Act Release No. 34961 reflecting financial difficulties; (5) substitution of (November 10, 1994), 59 FR 59590 (November 17, credit or liquidity providers, or their failure to review an official statement ‘‘deemed 1994) (‘‘1994 Amendments’’). perform; (6) adverse tax opinions or events affecting final’’ by an issuer of the securities, In light of the growing volume of municipal the tax-exempt status of the security; (7) except for the omission of specified securities offerings, as well as the growing modifications to rights of security holders; (8) bond information, prior to making a bid, ownership of municipal securities by individual calls; (9) defeasances; (10) release, substitution, or investors, in March 1994, the Commission sale of property securing repayment of the purchase, offer, or sale of municipal published the Statement of the Commission securities; and (11) rating changes. securities; (2) in non-competitively bid Regarding Disclosure Obligations of Municipal In addition, Rule 15c2–12(d)(2) provides an offerings, to send, upon request, a copy Securities Issuers and Others. See Securities exemption from the application of paragraph (b)(5) Exchange Act Release No. 33741 (March 9, 1994), of the Rule with respect to primary offerings if, 59 FR 12748 (March 17, 1994). The Commission among other things, the issuer or obligated person 14 See, e.g., GFOA Letter, Vanguard Letter, IAA intended that its statement of views with respect to has agreed to a limited disclosure obligation, Letter, ICI Letter, and NAHEFFA Letter. disclosures under the federal securities laws in the including sending certain material event notices to 15 See NABL Letter, at 2. municipal market would encourage and expedite each NRMSIR or the MSRB, as well as the 16 See MSRB EMMA Proposal, supra note 12. the ongoing efforts by market participants to appropriate SID. See 17 CFR 240.15c2–12(d)(2). 17 See MSRB Approval Order, supra note 12. improve disclosure practices, particularly in the 26 17 CFR 240.15c2–12(b)(5)(i)(D). Annual filings, 18 See Securities Exchange Act Release No. 26985 secondary market, and to assist market participants material event notices, and failure to file notices are (June 28, 1989), 54 FR 28799 (July 10, 1989) (‘‘1989 in meeting their obligations under the antifraud referred to collectively herein as ‘‘continuing Adopting Release’’). provisions. Id. disclosure documents.’’

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MSRB; and (3) in the case of states that market participants who subscribe to with important information regarding established SIDs, all continuing such products. With respect to the municipal securities, both during disclosure documents to the appropriate availability of municipal securities offerings and on an ongoing basis, but SID. Finally, the 1994 Amendments information to retail investors, each of also would help fulfill the regulatory revise the definition of ‘‘final official the NRMSIRs also makes continuing and information needs of municipal statement’’ to include a description of disclosure documents available for sale market participants, including Dealers, the issuer’s or obligated person’s to non-subscribers.34 Participating Underwriters, mutual continuing disclosure undertakings for Although the existing practice for the funds, and others. For example, many the securities being offered, and of any collection and availability of municipal mutual funds include municipal instances in the previous five years in securities disclosures has substantially securities in their portfolios that they which the issuer or obligated person improved the availability of information routinely monitor for regulatory and failed to comply, in all material to the market, we believe that other reasons.36 They do so by respects, with undertakings in previous improvements could achieve more reviewing annual filings, as well as continuing disclosure agreements. efficient, effective, and wider material event notices and failure to file availability of municipal securities notices, obtained from NRMSIRs and B. Disclosure Practices in the Secondary information to market participants.35 SIDs.37 In addition, the MSRB requires Market and Need for Improved Among other things, improvements in Dealers to disclose to a customer at the Availability to Continuing Disclosure information availability may allow time of trade all material facts about a Since the adoption of Rule 15c2–12 in investors to obtain information more transaction known by the Dealer.38 1989 and its subsequent amendment in readily and may help them to make Further, the MSRB requires a Dealer to 1994, the size of the municipal more informed investment decisions. disclose material facts about a security securities market has grown Specifically, we believe that municipal when such facts are reasonably considerably.27 There were over $2.6 securities disclosure documents should accessible to the market.39 Accordingly, trillion of municipal securities be made more readily and more a Dealer is responsible for disclosing to outstanding at the end of 2007.28 promptly available to the public and a customer any material fact concerning Notably, at the end of 2007, retail that all investors should have better a municipal security transaction made investors held approximately 35% of access to important market information publicly available through sources such outstanding municipal securities that may affect the price of a municipal as NRMSIRs, the MSRB’s Municipal directly and up to another 36% security, such as information in Securities Information Library (‘‘MSIL’’) indirectly through money market funds, financial statements and notices system,40 the MSRB’s Real-Time mutual funds, and closed end funds.29 regarding defaults and changes in Transaction Reporting System There is also substantial trading volume ratings, credit enhancement provider, (‘‘RTRS’’), rating agency reports and in the municipal securities market. and tax status. According to the MSRB, more than $6.6 Furthermore, we believe that 36 For example, Rule 2a–7 under the Investment trillion of long and short term municipal improved access to the information in Company Act of 1940 specifies the characteristics securities were traded in 2007 in more continuing disclosure documents not of investments that may be purchased and held by 30 money market funds. Among other requirements, than 9 million transactions. Further, only would provide the investing public Rule 2a–7 requires a money market fund to limit the municipal securities market is its portfolio investments to those securities that the extremely diverse, with more than 34 See http://www.bloomberg.com/markets/rates/ fund’s board of directors determines present 50,000 state and local issuers of these municontacts.html (Bloomberg Municipal minimal credit risks (including factors in addition 31 Repository); http://www.munifilings.com/help/ to any assigned rating). See Rule 2a–7(c)(3), 17 CFR securities. 270.2a–7(c)(3). 32 help.cfm (DPC DATA); http://www.interactivedata- Currently, there are four NRMSIRs prd.com/07company_info/about_us/MN/ 37 See, e.g., the comments of Leslie Richards- 33 and three SIDs. Each of the NRMSIRs NRMSIR.shtml (Interactive Data Pricing and Yellen, Principal, The Vanguard Group, at the 2001 utilizes the information obtained from Reference Data, Inc.); and http:// Roundtable, supra note 35. continuing disclosure documents to www.disclosuredirectory.standardandpoors.com/ 38 See MSRB ‘‘Interpretive Notice Regarding Rule create proprietary information products (SPSE). G–17 on Disclosure of Material Facts’’ (March 20, 35 The Commission notes that the aspects of the 2002) (available at http://www.msrb.org/msrb1/ that are primarily sold to and used by Rule that relate to the provision of continuing rules/notg17.htm). See also Securities Exchange Act dealers, institutional investors and other disclosure documents to multiple locations (i.e., to Release No. 45591 (March 18, 2002), 67 FR 13673 each NRMSIR and SID) may have engendered (March 25, 2002) (SR–MSRB–2002–01) (order approving MSRB’s proposed interpretation of the 27 According to statistics assembled by SIFMA, certain inefficiencies in the current system. See 17 duty to deal fairly set forth in MSRB Rule G–17). the amount of outstanding municipal securities CFR 240.15c2–12(b)(5)(i)(A) through (D). For 39 grew from $1.2616 trillion in 1996 to $2.617.4 instance, there have been reports that NRMSIRs Id. trillion at the end of 2007. See SIFMA ‘‘Outstanding may not receive continuing disclosure documents 40 Municipal Securities Information Library and U.S Bond Market Debt’’ (available at http:// concurrently, resulting in the uneven availability of MSIL are registered trademarks of the MSRB. The www.sifma.org/research/pdf/ documents from the various NRMSIRs for some Official Statement and Advance Refunding Overall_Outstanding.pdf). period of time. There also have been reports of Document (‘‘OS/ARD’’) system of the MSIL system 28 See SIFMA ‘‘Outstanding U.S. Bond Market inconsistent document collections among was initially approved by the Commission in 1991 Debt’’ (available at http://www.sifma.org/research/ NRMSIRs, possibly due to the failure of some and was amended in 2001 to establish the MSRB’s pdf/Overall_Outstanding.pdf). issuers or obligated persons to provide continuing current optional electronic system for underwriters disclosure documents to each NRMSIR. Finally, to submit official statements and advance refunding 29 See SIFMA ‘‘Holders of U.S. Municipal there have been reports indicating possible documents. See Securities Exchange Act Release Securities’’ (available at http://www.sifma.org/ weaknesses in document retrieval at the NRMSIRs. Nos. 29298 (June 13, 1991), 56 FR 28194 (June 19, research/pdf/Holders_Municipal_Securities.pdf). See, e.g., Troy L. Kilpatrick and Antonio Portuondo, 1991) (File No. SR–MSRB–90–2) (order approving 30 See MSRB’s Real-Time Transaction Reporting Is This the Last Chance for the Muni Industry to MSRB’s proposal to establish and operate the OS/ Statistical Information, Monthly Summaries 2007 Self-Regulate?, The Bond Buyer, August 6, 2007, ARD of the MSIL system, through which (available at http://www.msrb.org/msrb1/TRSweb/ _ _ _ _ and comments made at the 2001 Municipal Market information collected pursuant to MSRB Rule G–36 MarketStats/statistical patterns in the muni.htm). Roundtable—‘‘Secondary Market Disclosure for the would be made available electronically to market 31 See Securities Exchange Act Release No. 33741, 21st Century’’ held November 14, 2001 (‘‘2001 participants and information vendors) and 44643 supra note 21. Roundtable’’), and the 2000 Municipal Market (August 1, 2001), 66 FR 42243 (August 10, 2001) 32 The four NRMSIRs are the Bloomberg Roundtable held October 12, 2000 (available at (File No. SR–MSRB–2001–03) (order approving Municipal Repository, DPC DATA, Interactive Data http://www.sec.gov/info/municipal/roundtables/ MSRB’s proposal to amend the OS/ARD system to Pricing and Reference Data, Inc., and SPSE. thirdmuniround.htm and http://www.sec.gov/info/ establish an optional procedure for electronic 33 The three SIDs are the Municipal Advisory municipal/roundtables/2000participants.htm, submissions of required materials under MSRB Council of Michigan, Texas MAC, and OMAC. respectively). Rule G–36).

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other sources of information relating to paid subscription on a daily over-night the Commission is withdrawing its 2006 the municipal securities transaction basis and by purchase of annual back- Proposed Amendments. generally used by Dealers that affect log collections.46 The MSRB has III. Discussion of Amendments and transactions in the type of municipal implemented the pilot portal as a Comments Received securities at issue.41 Dealers use the service of its new Internet-based public information contained in the continuing access system, which it designated as A. Amendments to Rule 15c2–12 disclosure documents to carry out these the EMMA system, as a pilot facility We are adopting, without change, our obligations. Therefore, improving access within the MSIL system. proposed amendments to the Rule, to information in the continuing In the course of developing the which facilitate the collection and disclosure documents would help primary offering information component availability of information about facilitate and simplify the process of of the EMMA system, the MSRB outstanding municipal securities. For gathering the necessary information to the reasons discussed in this release and carry out their obligations. For these determined that it could incorporate in the EMMA system the collection and the Proposing Release, we believe that reasons, we proposed, and are now the amendments are consistent with the adopting, amendments to Rule 15c2–12 availability of continuing disclosure documents, thus eliminating the need Commission’s mandate to, among other that, in our view, will provide things, adopt rules reasonably designed municipal market participants with for the Commission to adopt its proposed changes to Rule 15c2–12 to to prevent fraud in the municipal more efficient access to information in securities market. continuing disclosure documents to remove the MSRB as a repository of material event notices.47 As a result, the In summary, we are amending satisfy their regulatory requirements and paragraph (b)(5) of Rule 15c2–12, which informational needs. MSRB submitted to the Commission a proposed rule change, filed under relates to a Participating Underwriter’s C. The MSRB’s Electronic Systems section 19(b) of the Exchange Act,48 to obligation under the Rule to reasonably determine that issuers or obligated In 2006, the Commission published expand the EMMA system to persons have contractually agreed to for comment proposed amendments to accommodate the collection and provide specified documents, in Rule 15c2–12 in response to a petition availability of annual filings, material connection with primary offerings from the MSRB 42 that would permit the event notices and failure to file subject to the Rule. The final MSRB to close its Continuing Disclosure notices.49 We published the MSRB’s amendments require a Participating Information Net (‘‘CDINet’’) system, proposal to incorporate continuing Underwriter to reasonably determine thereby eliminating the MSRB as a disclosure documents in the EMMA that the issuer or obligated person has location to which issuers could submit system simultaneously with the agreed at the time of a primary offering: material event notices and failure to file proposed amendments to Rule 15c2–12 (1) To provide the continuing disclosure notices.43 In the 2006 Proposed that we are adopting today.50 While the documents to the MSRB instead of to Amendments, we indicated our belief MSRB still intends to propose to each NRMSIR and the appropriate SID, that, given the limited usage of the terminate its CDINet System, subject to if any; and (2) to provide the continuing MSRB’s CDINet system, among other Commission approval,51 the MSRB’s disclosure documents in an electronic things, the proposed elimination of the subsequent decision to file a proposed format and accompanied by identifying provision in Rule 15c2–12 that allows rule change to expand the EMMA information as prescribed by the the filing of material event notices with system to accommodate annual filings, MSRB.55 In addition, the final the MSRB was warranted.44 material event notices, and failure to file amendments make comparable changes We recently approved the MSRB’s 52 notices has led it to withdraw the to paragraph (d)(2) of the Rule, which proposed rule change, filed under MSRB Petition.53 In the Proposing section 19(b) of the Exchange Act,45 to provides for a limited exemption from Release, we noted that, in light of our Rule 15c2–12(b)(5) as long as specified establish a pilot program for an Internet- most recent proposed amendments, we based public access portal (‘‘pilot conditions are met. We also are making were considering whether to withdraw revisions to other provisions of Rule portal’’) for the consolidated availability our 2006 Proposed Amendments.54 We of primary offering information about 15c2–12 to reflect that the MSRB will be received no comments regarding our the sole repository and we are providing municipal securities that currently is proposed withdrawal of the 2006 made available in paper form, subject to for a transition mechanism to Proposed Amendments. Therefore, in accommodate existing continuing copying charges, at the MSRB’s public conjunction with the Commission’s access facility, and electronically by disclosure agreements that refer to proposal today to amend Rule 15c2–12, NRMSIRs. As noted above, the rule 41 See supra note 38. amendments as adopted are identical to 46 See Securities Exchange Act Release No. 57577 42 the proposed amendments. See Letter from Diane G. Klinke, General (March 28, 2008), 73 FR 18022 (April 2, 2008) (File Counsel, MSRB, to Jonathan G. Katz, Secretary, No. SR–MSRB–2007–06) (order approving the pilot 1. Use of a Single Repository Commission, dated September 8, 2005 (‘‘MSRB portal). Primary offering information consists of the Petition’’) (File No. 4–508). official statement and the advance refunding We are adopting amendments to Rule 43 See Securities Exchange Act Release No. 54863 document that Participating Underwriters are 15c2–12 to provide for a single (December 4, 2006), 71 FR 71109 (December 8, required to send to the MSRB under MSRB Rule G– 2006) (‘‘2006 Proposed Amendments’’). According centralized repository that will receive 36. submissions in an electronic format. to the MSRB Petition, the CDINet system was 47 See MSRB EMMA Proposal, supra note 12. designed to permit issuers to satisfy their 48 15 U.S.C. 78s(b). These amendments are expected to undertakings to provide material event notices 49 encourage a more efficient and effective through a single submission to the MSRB, rather See MSRB EMMA Proposal, supra note 12. than through separate submissions to each of the 50 Id. process for the submission and NRMSIRs. The MSRB stated that relatively few 51 Id. availability of continuing disclosure issuers had opted to use the CDINet system, and, 52 Id. in recent years, usage of the CDINet system had 53 See letter to Florence E. Harmon, Acting 55 We note that, as part of its EMMA proposal diminished. See MSRB Petition, supra note 42. Secretary, Commission, from Ernesto A. Lanza, filed with the Commission under Section 19(b) of 44 See 2006 Proposed Amendments, supra note General Counsel, MSRB, dated October 22, 2008. the Exchange Act, the MSRB set forth the electronic 43. 54 See Proposing Release, supra note 3, 73 FR at format it proposes to use. See MSRB EMMA 45 15 U.S.C. 78s(b). 46141. Proposal, supra note 12.

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documents. In our view, a single continuing disclosure documents.56 accessible for investors,62 particularly repository that receives submissions Although in the 1989 Adopting Release individual investors, and others— electronically should assist in we supported the development of an enhancing the overall efficiency of the facilitating and simplifying the process information linkage among the secondary trading market for municipal of submitting continuing disclosure repositories, none was established to securities.63 As discussed below, two documents under the Rule. Issuers and help broaden the availability of the commenters objected to the obligated persons will be able to comply disclosure information. Since the establishment of a single repository.64 with their undertakings by submitting adoption of the 1994 Amendments, In response to our question about their continuing disclosure documents there have been significant whether having one repository instead only to one repository, as opposed to advancements in technology and of multiple repositories for the multiple repositories. information systems, including the use submission of, and access to, continuing We also believe that having a of the Internet, to provide information disclosure documents would improve centralized repository that receives quickly and inexpensively to market access to secondary market disclosure submissions in an electronic format will participants and investors. In this for investors and municipal securities help provide ready and prompt access regard, we believe that the use of a market participants, commenters to continuing disclosure documents by single repository to receive, in an expressed the expectation that allowing investors and other municipal securities electronic format, and make available only one entity to serve as the repository market participants. Rather than having continuing disclosure documents, in an for continuing disclosure documents to approach multiple locations, electronic format, will substantially and would greatly streamline the current investors and other market participants effectively increase the availability of system and resolve previous will be able to go solely to one location information about municipal issues, accessibility and consistency issues that to retrieve continuing disclosure resulted from submissions to several thereby preventing fraud, and enhance 65 documents, thereby allowing for a more the efficiency of the secondary trading different information repositories. In convenient means to obtain such addition, commenters noted that having market. information. Moreover, we believe that a single repository for secondary market having one repository electronically In the Proposing Release, we disclosures would benefit investors by collect and make available all requested comment on whether we allowing them to obtain complete continuing disclosure documents will should amend Rule 15c2–12 as information without having to search for increase the likelihood that investors proposed, or whether it would be disclosures in multiple locations.66 One and other market participants will preferable to continue to have multiple commenter stated that its members obtain complete information about a sources for such information. In reported that it is rare for municipal municipal security or its issuer, since addition, with respect to the transition securities disclosure information the information will not be distributed to a sole repository for continuing currently to be found in one location.67 across multiple repositories. In addition, disclosure documents, we requested This commenter expressed the view that we expect that the consistent comment on whether commenters a single repository would significantly availability of municipal secondary foresee any differences that could occur improve information availability by market disclosures from a single source between the existing structure of allowing investors to obtain information can simplify compliance with regulatory multiple NRMSIRs and one repository more readily, increasing the likelihood requirements by Participating regarding the scope, quantity, and that investors can obtain more complete Underwriters and others, such as continuity of information. information and enabling them to better mutual funds and Dealers. Information Many commenters supported protect themselves from vendors (including NRMSIRs and SIDs) amending the Rule to provide for only misrepresentation or other fraudulent and others also will have ready access one repository instead of multiple activities, and would assist investors in to continuing disclosure documents repositories for the submission of, and making more informed investment from a single source for use in their access to, continuing disclosure decisions.68 Another commenter echoed value-added products. documents.57 Generally, commenters this concern when, in discussing the We have long been interested in expressed the view that the creation of discrepancies that currently exist, it improving the availability of disclosure a single repository would be a stated that it is not reasonable to expect in the municipal securities market. At significant step forward in making an investor to have to search multiple the time we adopted Rule 15c2–12 and municipal disclosure more transparent locations for the same information.69 amended it in 1994, disclosure in its scope,58 more efficient in its One commenter—a financial documents were submitted in paper delivery,59 more consistent 60 and information disseminator—noted that it form. We believed that, in such an comparable 61 across issuers, and more is not feasible under the current system environment where document retrieval for it to have access to municipal bond would be handled manually, the 56 See supra note 35. establishment of one or more 62 57 See, e.g., GFOA Letter, at 1, Vanguard Letter, See GFOA Letter, at 2, Vanguard Letter, at 2, repositories could be beneficial in at 1, SIFMA Letter, at 1, MSRB Letter, at 1, SIFMA Letter, at 2, MSRB Letter, at 3, Treasurer of widening the retrieval and availability Treasurer of the State of Connecticut Letter, at 1, the State of Connecticut Letter, at 2–3, IAA Letter, of information in the secondary market, IAA Letter, at 1–2, Texas MAC Letter, at 1, at 1, NASACT Letter, at 1, and ICI Letter, at 3. NAHEFFA Letter, at 1, NFMA Letter, at 1, NASACT 63 See Treasurer of the State of Connecticut Letter, since the public could obtain the at 1, EDGAR Online Letter, SIFMA Letter, at 1, IAA disclosure documents from multiple Letter, at 1, and Multiple-Markets Letter, at 1. 58 See Treasurer of the State of Connecticut Letter, Letter, at 3, and NASACT Letter at 1. locations. Our objective of encouraging at 1, Mooney Letter, at 1, IAA Letter, at 1, and 64 See SPSE Letter and DPC DATA Letter. greater availability of municipal Multiple-Markets Letter, at 1. 65 See Treasurer of the State of Connecticut Letter, securities information remains 59 See Treasurer of the State of Connecticut Letter, at 1, EDGAR Online Letter, SIFMA Letter, at 1, IAA unchanged. However, as indicated at 1, Texas MAC Letter, and Multiple-Markets Letter, at 3, and NASACT Letter at 1. 66 See ICI Letter, at 3, and SIFMA Letter, at 2. above, there have been significant Letter, at 1. 60 See Treasurer of the State of Connecticut Letter, 67 See ICI Letter, at 3. inefficiencies in the current use of at 1. 68 Id. multiple repositories that likely have 61 See Treasurer of the State of Connecticut Letter, 69 See Treasurer of the State of Connecticut Letter, impacted the public’s ability to retrieve at 1, and EDGAR Online Letter. at 1.

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disclosures for the purpose of new offerings, and assist mutual funds failures of NRMSIRs to maintain redistribution to investors because it in carrying out their regulatory accurate indices or adequate document would have to either: (1) obtain obligations.75 Some commenters retrieval systems. The Commission disclosures individually from each of indicated a belief that a single believes that the use of a single 50,000 different issuers; or (2) pay a repository would simplify the manner repository will make it easier for NRMSIR an annual subscription fee or in which municipal issuers, obligated investors and others to identify issuers a $25 per document fee, in which case persons and their agents make filings, who fail to file. The Commission it would still be unable to redistribute and promote full compliance by issuers expects that, with the rule amendments, the disclosures because the NRMSIRs and obligated persons with the filing investors will be able to make better have copyrighted the documents by requirements contained in continuing informed investment decisions and categorizing and reformatting the disclosure agreements.76 Participating Underwriters and Dealers documents into a proprietary format.70 Two commenters that are NRMSIRs will be able to fulfill their regulatory This commenter further noted that opposed having a single repository.77 responsibilities more easily and obtaining what it referred to as a Both commenters stated that the accurately. At the same time, the ‘‘fundamental database’’ of municipal proposed amendments would not Commission believes that the use of a disclosures is currently problematic accomplish the Commission’s single venue, from which all continuing because the disclosures are difficult to information goals because the disclosure documents will be available locate, financial reporting between amendments do not address the root to the general public immediately upon municipalities differs greatly, and the cause of current municipal disclosure being filed, will provide a volume of documents is too great.71 problems, such as issuers who file late comprehensive source of information to Another commenter also supported the or fail to file.78 One commenter stated NRMSIRs and other vendors to utilize in replacement of the current system and the Commission’s information goals their value added products. agreed with the Commission that a would not be accomplished because of One commenter, who opposed the centralized location for the collection of the absence of uniform accounting and amendments, suggested the use of a information would eliminate the financial reporting standards for issuers ‘‘central post office’’ approach whereby problem of an issuer failing to provide in the municipal market.79 One all filings would be supplied to a single certain information to every repository, commenter was of the opinion that the location for immediate redistribution to resulting in one repository not having a proposed amendment ‘‘does nothing to all NRMSIRs and SIDs and an index of complete set of information.72 In improve the overall continuing filings would be available to the general addition, a single source of secondary disclosure regime, except to make the public at no charge.83 Another market information was anticipated by filing materials available free of charge commenter, who supported a single 80 some commenters to reduce the costs to the public.’’ This commenter repository, requested that, in the event incurred by market participants as a further stated that many problems with the Commission determines not to adopt result of the existing fragmented system, the present system of municipal the proposed amendments, it consider which forces investors and others to continuing disclosure would ‘‘remain the establishment of a ‘‘central post 84 seek information from multiple unaddressed in the proposed rule office’’ facility. One commenter, sources.73 Furthermore, it was suggested change, as do other publicly described which currently operates such a that, as with the Commission’s EDGAR and measured problems such as the ‘‘central post office’’ facility, also system for reporting issuers, the significant level of municipal supported having of a single repository establishment of a single repository for continuing disclosure delinquency’’ and operated by the MSRB and indicated its municipal information would encourage that the ‘‘proposed rule change has no belief that a single repository would be substantive benefit to offer.’’ 81 Another more efficient than the current links with other information delivery 85 sources that the investing public could commenter, while noting that numerous decentralized system. The access, such as free Web sites, inefficiencies exist within the current Commission has considered a ‘‘central subscriptions, or brokerage services, NRMSIR system, indicated that a single post office’’ approach. However, while a which would promote greater repository system still would depend on central post office may benefit NRMSIRs if, how, and when an issuer submits familiarity and usage and a more by providing a comprehensive source of information.82 The Commission transparent and efficient market.74 continuing disclosure documents in an We also requested comment on understands that the proposed electronic format, it would not result in whether the availability of such amendments will not necessarily solve such documents being made available to information from a single source would every problem found in the current the public at no charge. The simplify compliance with regulatory system based on NRMSIRs and SIDs. Commission believes that direct access requirements by Participating Under the current system, it is not to such information from a single Underwriters and others. Commenters possible to determine with certainty repository, without charge, will benefit whether gaps in the continuing anticipated that having a single site for investors, particularly individual disclosure document collections of continuing disclosure information investors, while providing a NRMSIRs are the result of failures by would assist dealers in meeting their comprehensive source of continuing issuers to provide continuing disclosure obligation to obtain the information disclosure documents to information documents as provided in their necessary to establish a reasonable basis vendors and others who may wish to continuing disclosure agreements or for making investment obtain all filings or a subset thereof, recommendations, improve the due such as filings related to issuers and 75 See SIFMA Letter, at 2, and ICI Letter, at 3. obligated persons in a single state. diligence activities of underwriters of 76 See GFOA Letter, at 1, and SIFMA Letter, at 2. One commenter noted that having a 77 See SPSE Letter and DPC DATA Letter. single repository might cause investors 70 See EDGAR Online Letter, at 2. 78 See SPSE Letter, at 8, and DPC DATA Letter, 71 See EDGAR Online Letter, at 4. at 1. and broker-dealers unduly to rely on the 72 See IAA Letter, at 2. 79 See SPSE Letter, at 8. 73 See ICI Letter, at 3, and SIFMA Letter, at 2. 80 See DPC DATA Letter, at 1. 83 See SPSE Letter, at 2. 74 See Treasurer of the State of Connecticut Letter, 81 Id. 84 See GFOA Letter, at 2. at 1–2. 82 See DAC Letter, at 3. 85 See Texas MAC Letter.

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repository’s contents, which it believed and SIDs.’’ 87 We therefore anticipate commenters also noted that, as a result, would create a risk of undermining the that public access to all continuing a rule change relevant to the continuing purpose of protecting investors against disclosure documents on the Internet, as disclosure service of EMMA would be fraud.86 This commenter provided no provided by the amendments, will subject to public comment and reason for its view that documents promote market efficiency and deter Commission approval.92 However, a supplied to the MSRB would be less fraud by improving the availability of commenter that opposed the proposed reliable than those supplied to information to all investors. amendments suggested that naming the MSRB to be the sole repository would NRMSIRs and SIDs directly or through 2. MSRB as the Sole Repository a ‘‘central post office.’’ not be appropriate because the MSRB While we acknowledge that today’s In the Proposing Release, we sought would be reimbursed through amendments do not address all of the comment concerning whether the MSRB mandatory fees assessed against broker- information challenges of the municipal should be the sole repository included dealers rather than users.93 This market, we nonetheless believe that they in Rule 15c2–12 or whether another commenter expressed a belief that such will be a significant step forward in entity, such as a private vendor, should costs ultimately would be passed along improving the availability of, and access be the sole repository, instead of the by broker-dealers to their customers.94 to, secondary market municipal MSRB, and requested that commenters We also sought comment on whether disclosures. As noted above, the vast provide reasons for their viewpoints. As the MSRB would be an appropriate majority of commenters on the proposed proposed, we are revising Rule 15c2–12 operator of a centralized repository for amendments believed that the adoption to delete all references to NRMSIRs and the collection and availability of of the rule amendments will simplify SIDs and in their place refer solely to continuing disclosure information about and improve the current system. The the MSRB. municipal securities, and whether there Twelve commenters supported and Commission also believes that this will is a more appropriate location or means two commenters opposed our proposal be the case. With respect to comments through which such information could for the MSRB to be the single repository favoring a ‘‘central post office,’’ we be made readily available to the public for secondary market disclosure.88 believe that this approach would fail to without charge. Some commenters Commenters favoring the MSRB as the achieve the benefits of the amendments. noted that one benefit of having the sole repository expressed a belief that For example, with a central post office, MSRB act as sole repository would be the Commission’s oversight of the there would continue to be no single the accessibility of comprehensive MSRB as a self-regulatory organization location to which investors, particularly information regarding municipal (‘‘SRO’’) and the MSRB’s experience individuals, could turn for free access to securities, including official statements, with the complexities of municipal information regarding municipal continuing disclosure documents and securities and the municipal securities securities. Instead, individuals or pricing information, without charge at markets and the MSRB’s direct 95 entities that wish to obtain such one location. However, one experience in developing and information would find it necessary first commenter suggested that, by analogy to maintaining electronic information to access the central post office to find our EDGAR system, the Commission systems for the municipal securities out what documents might be available might be a more appropriate party to market (such as its MSIL and RTRS from NRMSIRs and SIDs and then to operate such a repository than the systems) would provide significant contact one or more NRMSIRs or SIDs MSRB, which represents only one value to the framework of the proposed and pay applicable fees to obtain the segment of the market (i.e., brokers, repository.89 The two commenters that document or documents they seek. This dealers and municipal securities opposed having the MSRB as the sole 96 would be a less efficient process than dealers). In addition, one of the repository believed that the current that contemplated by the final existing NRMSIRs indicated its view system should be retained and that they amendments, in which interested that it is inappropriate for a quasi- and other vendors of municipal persons could directly access, view and governmental entity such as the MSRB information would be at a competitive print for free continuing disclosure to operate a facility that would compete disadvantage if the MSRB became the 97 documents from one place—the MSRB’s with private business. Two sole repository.90 Internet site. commenters indicated an overall Comment also was solicited regarding preference for maintenance of the Moreover, a ‘‘central post office’’ whether the MSRB’s status as an SRO existing structure of the Rule—pursuant would not, to the same extent as the would be an advantage or disadvantage to which private entities, not the MSRB, Commission’s amendments, simplify to its serving as the sole repository. provide locations or means through compliance with regulatory Three commenters stated a belief that which such information is made requirements by Participating having the MSRB serve as the sole available to the public.98 Underwriters, Dealers and others. This repository is reasonable because, as an We agree with the many commenters is because they would have to first SRO, it is subject to oversight by the who believed that the MSRB is the access the ‘‘central post office’’ to Commission.91 One of these appropriate entity to serve as the single determine what documents are available repository. Established pursuant to an and then contact one or more NRMSIRs 87 See NASACT Letter, at 1. act of Congress99 as an SRO for brokers, or SIDs to obtain these documents. In 88 See GFOA Letter, Vanguard Letter, SIFMA Letter, MSRB Letter, Texas MAC Letter, NASACT fact, one commenter that supported the 92 See SIFMA Letter, at 3. Letter, OMAC Letter, ICI Letter, NAHEFFA Letter, proposed amendments indicated that 93 Multiple-Markets Letter, NFMA Letter, and EDGAR See SPSE Letter, at 11. the proposal, along with the MSRB Online Letter (each supporting the MSRB as the 94 Id. EMMA Proposal, ‘‘takes the notion of a single repository). See also SPSE Letter and DPC 95 See, e.g., SIFMA Letter, at 2, and NASACT central post office one step further by DATA Letter (each opposing the MSRB as the single Letter, at 1. streamlining the process and removing repository). 96 See Treasurer of the State of Connecticut Letter, the necessity and inefficiency of 89 See SIFMA Letter, NFMA Letter, and ICI Letter. at 2. 90 See SPSE Letter, at 2, 7 and DPC DATA Letter, 97 See DPC DATA Letter, at 2. See discussion forwarding filings to several NRMSIRs at 2. below in Section III.A.3. 91 See Vanguard Letter, SIFMA Letter, and ICI 98 See SPSE Letter and DPC DATA Letter. 86 See SPSE Letter, at 2. Letter. 99 15 U.S.C. 78o–4.

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dealers and municipal securities dealers Moreover, as discussed in detail system.110 The MSRB has indicated that engaged in transactions in municipal throughout the Proposing Release as it has funds on hand that, together with securities, the MSRB is subject to well as this release, the Commission amounts it will collect in the future Commission oversight, as provided by believes that the current NRMSIR model under its current fee schedule, it the Exchange Act. As an SRO, the MSRB of disclosure needs to be improved. believes will be sufficient to establish is required to file its rules and changes Many commenters agreed with this and operate the EMMA system.111 to those rules with the Commission for view.106 Although one commenter Indeed, we anticipate that the notice and comment under section 19(b) suggested that the Commission should accessibility of documents through the of the Exchange Act.100 Pursuant to be the repository,107 we believe that the repository will greatly benefit dealers in section 15B(b)(2)(C) of the Exchange MSRB, in light of its experience with satisfying their obligation to have a Act, the MSRB’s rules are required to be municipal disclosure and its status as an reasonable basis for investment designed, in part, ‘‘to prevent fraudulent SRO, will be in a better position to act recommendations and other regulatory and manipulative acts and practices, to as the repository more quickly and responsibilities, in addition to investors promote just and equitable principles of efficiently. and other market participants who seek trade, * * * to foster cooperation and information about municipal securities. coordination with persons engaged in As discussed below, with respect to All commenters who addressed this regulating, clearing, settling, processing the comment that it is inappropriate for issue supported this conclusion.112 information with respect to, and a quasi-governmental entity such as the MSRB to operate a facility that would 3. Competitive Concerns With a Single facilitating transactions in municipal Repository securities, to remove impediments to compete with private business, the and perfect the mechanism of a free and Commission believes that any In the Proposing Release, we open market in municipal securities, competitive impact that may result from discussed the competitive implications and, in general, to protect investors and the MSRB’s status as the sole repository generally of having a single repository the public interest.’’ 101 The MSRB’s is justified by the benefits that such for continuing disclosure documents existing RTRS and MSIL systems, and status is expected to provide to and specifically of having the MSRB the primary offering information investors, broker-dealers, mutual funds, serve as the sole repository and sought component of the EMMA system that vendors of municipal information, commenters’ views on potential has been approved by the Commission municipal security analysts, other competition issues. With respect to the (relating to the submission of official market professionals, and the public Exchange Act goal of promoting statements and advance refunding generally.108 Further, as discussed in competition, we note that, when we documents),102 were subject to notice section III.A.3. below, we believe that adopted Rule 15c2–12 in 1989, we and comment and Commission review. having the MSRB serve as the repository strongly supported the development of Similarly, the MSRB’s proposal to for the electronic submission and one or more central repositories for establish a continuing disclosure availability of continuing disclosure municipal disclosure documents.113 We component within the EMMA system documents could foster competition for ‘‘recognize[d] the benefits that may was subject to notice and comment value-added products and services and accrue from the creation of competing under section 19(b) of the Exchange Act, thus it is not anti-competitive for the private repositories,’’ and indicated that as would as any future changes to the MSRB to serve as the repository. ‘‘the creation of central sources for 103 municipal offering documents is an system. Further, we believe that, in With respect to the statement that addition to being subject to Commission important first step that may eventually broker-dealers would pass on fees to encourage widespread use of oversight as an SRO, the MSRB is both their customers to support the EMMA familiar with the complexities of repositories to disseminate annual system, the Commission notes that the reports and other current information municipal securities and the municipal MSRB, as an SRO, would have to file securities market and has experience in about issuers to the secondary any fees relating to the use of EMMA markets.’’ 114 Further, when we adopted developing and maintaining electronic with the Commission under section information systems for that market.104 the 1994 Amendments, we stated that 19(b) of the Exchange Act.109 The Collectively, these factors lead us to the ‘‘requirement to deliver disclosure Commission further notes that broker- adopt amendments to Rule 15c2–12 to to the NRMSIRs and the appropriate SID dealers currently are charged fees for provide that the MSRB be the also allay[ed] the anti-competitive access to disclosure documents obtained centralized location for collecting (in an concerns raised by the creation of a from the NRMSIRs that they currently 115 electronic format) and making single repository.’’ may or may not pass on to their information about municipal securities Since the adoption of the 1994 customers. According to the MSRB, it available to the public at no cost. Amendments, there have been Although two commenters opposed presently anticipates no increase in fees significant advancements in technology the proposal for the MSRB to be the sole on brokers, dealers, and municipal repository,105 the Commission believes securities dealers who effect 110 Telephone conversation between Earnesto that the MSRB’s status as an SRO and transactions in municipal securities to Lanza, General Counsel, MSRB, and Martha Mahan establish and operate the EMMA Haines, Chief of the Office of Municipal Securities experience with municipal market and Assistant Director, Division of Trading and disclosure make it appropriate for the Markets, October 22, 2008. MSRB to be the sole repository. 106 See, e.g., Vanguard Letter, at 2, NASACT 111 Id. Letter, at 1, ICI Letter, at 3, IAA Letter, at 1, and 112 See SIFMA Letter, at 2, ICI Letter, at 3, NFMA Letter, at 1. Dickman Letter, Grant Letter, and Mooney Letter. 100 15 U.S.C. 78s(b). 107 See Treasurer of the State of Connecticut 113 See 1989 Adopting Release at 54 FR 28807, 101 15 U.S.C. 78o–4(b)(2)(C). Letter, at 2. supra note 18. See also Securities Exchange Act 102 See Securities Exchange Act Release No. 108 See discussion above regarding the MSRB’s Release No. 33742 (March 9, 1994), 59 FR 12759 57577, supra note 46. status as an SRO and resulting Commission (March 17, 1994) (File No. S7–5–94) (proposing 103 See MSRB EMMA Proposal, supra note 12. oversight, infra Section III.A.3. release for the 1994 Amendments) (‘‘1994 Proposing 104 For example, the MSRB is experienced with 109 15 U.S.C. 78s(b). Under Section 15B(b)(2)(J) of Release’’). operating CDINet, the MSIL system, and the RTRS the Exchange Act, 15 U.S.C. 78o–4(b)(2)(J), among 114 See 1989 Adopting Release, supra note 18. See system. other requirements, any fees charged by the MSRB also 1994 Proposing Release, supra note 113. 105 See SPSE Letter, at 2, DPC DATA Letter, at 3. must be reasonable. 115 See 1994 Amendments, supra note 21.

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and information systems that allow In the Proposing Release, we Commission’s proposal would place the market participants and investors, both acknowledged that adoption of the MSRB ‘‘in direct competition with retail and institutional, easily, quickly, proposed amendments potentially could commercial vendors who have served and inexpensively to obtain information have an adverse impact on one or more the market as practical implementers of through electronic means. The existing NRMSIRs, especially if their Rule 15c2–12 without any subsidy for exponential growth of the Internet and business models depended on their more than a decade.’’ 119 This the capacity it affords to investors, status as a NRMSIR. Moreover, since commenter also expressed concern that particularly individual investors, to NRMSIRs have received compensation the MSRB would unfairly discriminate obtain, compile and review information for providing copies of continuing against private vendors by controlling has likely helped to keep investors disclosure documents to persons who their access to information through fee better informed. In addition to the request them, we noted that one or more structures and dissemination of Commission’s EDGAR system, which NRMSIRs possibly could be adversely information.120 The Commission contains filings by public companies affected by the rule amendments, if they acknowledges that the existing NRMSIR required to file periodic reports and by no longer have available to them a system was an improvement over the mutual funds, we have increasingly steady flow of funds from providing for disclosure regime that was in place encouraged and, in some cases required, a fee copies of continuing disclosure prior to its creation. However, we the use of the Internet and Web sites by documents to persons who request believe that there have been significant public reporting companies and mutual them. As a result of the final improvements in technology that will funds to provide disclosures and amendments, a NRMSIR could find that allow for increased access to municipal communicate with investors.116 it would have to revise its current disclosure information to investors and Our adoption of the proposed manner of doing business or face a others for free via the Internet. This amendments, which provide for having significant downturn in its business supports having the MSRB serve as the a single repository for the electronic operations. Vendors of information sole repository. We continue to believe about municipal securities, other than collection and availability of continuing that our rule amendments being adopted NRMSIRs, also could be affected by the disclosure documents, will help further today are a significant step forward in final amendments because the MSRB the Exchange Act objective of promoting fostering greater availability of proposes to provide information competition because information about municipal disclosures to a broad range municipal securities will be more electronically free of charge. In addition, because there would be of market participants, investors, and widely available to market other individuals and entities, thereby professionals, investors, information just one repository, in lieu of the four NRMSIRs, the Proposing Release noted preventing fraud. Moreover, we note vendors, and others as a result of the that a majority of commenters final amendments. For example, we that the proposed amendments could reduce competition with respect to recognized there were inefficiencies believe that competition among vendors with respect to the current municipal can increase because vendors can utilize services provided by NRMSIRs as information vendors. In addition to disclosure system and supported the this information to provide value-added proposed amendments.121 services to municipal market supplying municipal disclosure participants. The rule amendments also documents upon request, NRMSIRs also Another commenter echoed similar may promote competition in the provide value-added market data sentiments as the commenter above and services to municipal investors that purchase and sale of municipal cited to the Commission’s statements in incorporate continuing disclosure securities because the greater adopting Rule 15c2–12 in 1989 and information. We noted in the Proposing availability of information, delivered amendments to the Rule in 1994, which Release that, if NRMSIRs are adversely electronically through a single discussed possible anti-competitive affected by the proposed amendments, it repository, may instill greater investor concerns regarding the use of a single is possible that there could be a 122 confidence in the municipal securities repository. This commenter noted reduction in these value-added market market. Moreover, this greater that eliminating the NRMSIR function data services relating to municipal availability of information also may would upset the balance of its current securities or a loss of innovation in encourage improvement in the business model and have an impact on offering competing information services completeness and timeliness of its ability to provide value-added regarding municipal securities. 123 disclosures by issuers and obligated products and services. The We received comment letters from commenter disputed that the potential persons and may foster interest in two NRMSIRs that raised concerns municipal securities by retail and burdens on competition would be about the competitive effects of the justified by the proposed amendments’ institutional customers. As a result, proposed amendments.117 The primary more investors may be attracted to this adoption because, in its view, the concerns, raised by both commenters, current issues with municipal market sector and broker-dealers may relate to the MSRB’s role as the sole compete for their business. disclosure lie in the quality and repository of continuing disclosure timeliness of the information that is documents and the competitive effects 124 116 filed. This commenter also urged the See, e.g., Securities Exchange Act Release Nos. that this would have on existing 52056 (July 19, 2005), 70 FR 44722 (August 3, 2005) Commission to adopt an alternative (File No. S7–38–04) (adopting amendments to vendors of municipal disclosure approach.125 Under this commenter’s encourage and, in some cases, mandate the use of information. One commenter stated that proposal, the MSRB would not be the an Internet site in securities offering); 56135 (July the Commission’s proposal ‘‘would sole repository for municipal disclosure 26, 2007), 72 FR 42222 (August 1, 2007) (File No. allow the MSRB to impose restrictions S7–03–07) (adopting amendments to the proxy on municipal issuers and obligated rules under the Exchange Act requiring issuers and 119 See DPC DATA Letter, at 2. other soliciting persons to post their proxy persons by limiting the filings to a 120 Id. materials on an Internet Web site and providing 118 single, electronic format.’’ In 121 See supra notes 57–64 and accompanying text. shareholders with a notice of the Internet addition, this commenter noted that the 122 availability of the materials); and 58288 (August 1, See SPSE Letter, at 5–7. 2008), 73 FR 45862 (August 7, 2008) (File No. S7– 123 See SPSE Letter, at 7. 23–08) (interpretative release providing guidance 117 See DPC DATA Letter and SPSE Letter. 124 See SPSE Letter, at 7–8. on the use of company Web sites). 118 See DPC DATA Letter, at 1. 125 See SPSE Letter, at 3–5.

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information.126 Instead, this commenter and should be able to compete in parties will have the opportunity to proposed having an unspecified entity providing value-added services. comment and bring to our attention any serve as a central electronic post office We previously stated that we would potential issues that they discern. for municipal disclosure information specifically consider the competitive We do not believe that there are where ‘‘issuers and obligors would file implications of the MSRB becoming a competitive implications that would documents through a single electronic repository.131 In addition, we stated that uniquely apply to the MSRB in its format’’ and such entity ‘‘would then if we were to conclude that the MSRB’s capacity as the sole repository. As we forward the centrally-filed documents in status as a repository might have have noted, we believe the MSRB’s real time to the NRMSIRs.’’ 127 The adverse competitive implications, we status as an SRO will provide an commenter expressed no opinion would consider whether we should take additional level of Commission regarding the identity of the entity that any action to address these effects.132 As oversight since changes to its rules should serve as the central electronic noted earlier, we recognize that relating to continuing disclosure post office or how such entity would be competition with respect to certain documents will have to be filed for chosen.128 information services regarding Commission consideration as a Although two commenters questioned municipal securities that are provided proposed rule change under section whether the proposed amendments by the existing NRMSIRs could decline 19(b) of the Exchange Act. Accordingly, would benefit competition,129 the should the MSRB become the central we believe that any competitive impact Commission continues to believe that repository. Two commenters suggested that may result from the MSRB’s status having a single repository will provide in their comment letters that a decrease as the sole repository is justified by the the benefits discussed throughout the in competition could occur as a result benefits that such status is expected to release and will not have a significant of the Commission’s rulemaking.133 As provide to investors, broker-dealers, adverse effect on the ability or discussed in more detail above and in mutual funds, vendors of municipal willingness of private information the Proposing Release, circumstances information, municipal security vendors to compete to create and market have changed since we last considered analysts, other market professionals, value-added data products. Commercial Rule 15c2–12 amendments in 1994. For and the public generally. vendors will be able to readily access example, technology developments have the information made available by the facilitated access to information and 4. Electronic Document Submission MSRB to re-disseminate it or use it in access to municipal information Because the current environment whatever value-added products they typically is subject to a fee and can be differs markedly from the time when may wish to provide.130 In fact, we difficult for individuals to obtain. Rule 15c2–12 was adopted in 1989 and believe a single repository in which Further, the NRMSIRs did not develop subsequently amended in 1994, we documents are submitted in an a system of linkages with each other. We believe that it is appropriate to adopt an electronic format could encourage the continue to believe that one of the approach that utilizes the significant private information vendors to benefits in having the MSRB as the sole technological advances, such as the disseminate municipal securities repository will be the MSRB’s ability to development and use of various information by reducing the cost of provide a ready source of continuing electronic formats, which have occurred entry into the information services disclosure documents to other in the intervening years. Thus, we are market. We also believe that existing information vendors who wish to use adopting the proposed amendments that vendors may need to make some that information for their products. specify that continuing disclosure adjustments to their infrastructure, Private vendors could utilize the MSRB documents must be provided to the facilities, or services offered. However, in its capacity as a repository as a means MSRB in an electronic format as we believe that some vendors could to collect information from the specified by the MSRB.135 determine that they no longer will need continuing disclosure documents to We believe that this method of to invest in the infrastructure and create value-added products for their submission will better enable the facilities necessary to collect and store customers.134 information to be promptly posted by continuing disclosure documents, and With respect to concerns that the the single repository and made available new entrants into the market will not MSRB could control private vendors’ to the public without charge. Electronic need to obtain the information from access to information through unfair fee submission also will eliminate the need multiple locations, but rather could structures and biased dissemination of for manual handling of paper readily access such information from information, we note that, as an SRO, documents, which can be a less efficient one centralized source. Thus, we believe the MSRB will need to file its fee and more costly process. For instance, that all vendors should be able to obtain changes and rule proposals relating to the submission of paper documents easily continuing disclosure documents its EMMA system with the Commission would require the repository to under section 19(b) of the Exchange Act. manually review, sort and store such 126 See SPSE Letter, at 4. When the Commission publishes any documents. There is also a potential for 127 See SPSE Letter, at 2. See discussion above in such proposed rule changes, interested Section III.A.1. a less complete record of continuing 128 Id. disclosure documents at the repository 131 129 See DPC DATA Letter, at 2, and SPSE Letter, See Securities Exchange Act Release No. if such documents are submitted in at 6–8. 28081 (June 1, 1990), 55 FR 23333 (June 7, 1990) (File No. SR–MSRB–89–9). paper to the repository and, for instance, 130 In addition to making available such 132 information on the MSRB’s Web site through Id. are misplaced or misfiled. The EMMA, the MSRB has indicated that it will make 133 See DPC DATA Letter and SPSE Letter. continuing disclosure documents available by 134 The Commission notes that two commenters 135 We note that the MSRB will be required to file subscription for a fee to information vendors and raised concerns with the potential subscription fees a proposed rule change with the Commission other bulk data users on terms that will promote the associated with having the MSRB as the single pursuant to Section 19(b) of the Exchange Act development of value-added services by subscribers repository. The Commission notes that the MSRB regarding the electronic format that it wishes to for use by market participants. See MSRB EMMA will be required to file a proposed rule change with prescribe as well as any changes to that format. In Proposal, 73 FR at 46163. The fees for this the Commission pursuant to Section 19(b) of the fact, the MSRB prescribed the format for subscription service will be subject to a proposed Exchange Act regarding any subscription fees for a submissions of continuing disclosure documents in rule change to be filed with the Commission under data stream that it proposes as well as any changes a recent filing with the Commission. See MSRB Section 19(b) of the Exchange Act. to those fees. EMMA Proposal, supra note 12.

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Commission believes that submissions opinion that smaller issuers may need 5. Identifying Information in an electronic format will not be additional time to adapt to the need to To enable the continuing disclosure burdensome on issuers or other obtain documents in an electronic documents to be identified and obligated persons, since many format.139 No commenters suggested retrieved accurately, we are adopting continuing disclosure documents that the MSRB should accept paper new subparagraph (b)(5)(iv) of Rule already are being created in an documents. 15c2–12, as proposed to be amended, to electronic format and, as a result, are Two commenters 140 urged the require Participating Underwriters to readily transmitted by electronic means. implementation of an interactive data reasonably determine that the issuer or We requested comment on the format (i.e., XBRL) for EMMA. In the obligated person has undertaken in proposed amendments to provide Proposing Release, we noted that the writing to accompany continuing continuing disclosure documents in an availability of audited financial disclosure documents submitted to the electronic format, including whether statements and other financial and MSRB with identifying information as submitting continuing disclosure statistical data in an electronic format prescribed by the MSRB. Similarly, the documents in an electronic format by issuers and obligated persons could Commission is adopting a conforming would increase the efficiency of encourage the establishment of the change to subparagraph (d)(2)(ii)(C) of submission and availability of necessary taxonomies and permit states the Rule, relating to the limited continuing disclosure documents, and and local governments and other undertaking set forth in Rule 15c2– whether submitting the documents in an obligated persons to make use of XBRL 12(d)(2)(ii), to specify that continuing electronic format would facilitate wider in the future, should they wish to do disclosure agreements provide that the availability of the information. so.141 The final amendments to the Rule relevant continuing disclosure Furthermore, we requested comment do not designate the electronic format or documents shall be provided to the concerning whether the proposed formats that EMMA will accept; instead, MSRB and shall be accompanied by amendments should allow for the they provide that the MSRB will identifying information as prescribed by submission of paper documents and, if prescribe the format, which will be the MSRB.144 so, whether any conditions should be subject to the section 19(b) rule filing imposed in connection with paper process. Nevertheless, we note that this We believe that providing identifying submissions. Comments also were provision allows flexibility for future information with each submitted requested on whether the proposed implementation of improved methods document will permit the repository to amendments should allow for the for the electronic presentation of sort and categorize the document availability of paper copies upon information. efficiently and accurately. We also request from the central repository. One commenter stated that the design anticipate that the inclusion with each The commenters who addressed this of the electronic filing format should be submission of the basic information topic supported the proposal that, under entrusted to a joint industry needed to accurately identify the continuing disclosure agreements, committee.142 This commenter further document will facilitate the ability of continuing disclosure documents must noted its belief that the notice and investors, market participants, and be provided in an electronic format.136 comment process would not be an others to reliably search for and locate These commenters generally expressed adequate substitute for a joint industry relevant disclosure documents. the opinion that the current disclosure working group because it would not Facilitation of the efficient retrieval of system, which relies on paper-based permit ongoing dialogue.143 While we information is designed to decrease the filings, should be updated in light of do not believe that a joint industry possibilities for fraudulent practices. today’s use of, and advances in, committee is the only method by which Furthermore, we expect that there will technology and that the electronic be a minimal burden on Participating submission of documents would better the electronic filing format could be determined, we do believe that the Underwriters to comply with this enable the information to be promptly requirement because the only change is submitted, categorized, and posted on notice and comment process is necessary to allow issuers, obligated that they would need to determine the Internet for investor use. In addition, reasonably that issuers and obligated one commenter noted that ‘‘the persons and others a method for providing input in the determination of persons have contractually agreed to proposed amendments provide for supply the identifying information necessary flexibility in changes to the electronic filing format. The Commission notes that our rule prescribed by the MSRB. On the other technology by delegating to the MSRB hand, there will be a significant benefit the authority to determine electronic amendments do not preclude the formation of a joint industry committee to investors and other municipal market formatting and identifying participants as a result of this information.’’ 137 Further, one that would be able to work with the MSRB in designing the electronic filing amendment because they will be able to commenter mentioned that, while some more easily retrieve from the MSRB the issuers, especially smaller issuers, may format. In addition, we expect that the MSRB would welcome an ongoing information that they seek. Indeed, have to purchase new software in order issuers and other obligated persons that to submit electronic documents, the dialogue with those industry participants that wish to provide input choose to submit continuing disclosure overall long-term savings that an documents through some existing electronic-based central repository on the electronic filing format and any other aspects of the continuing dissemination agents and document would provide would benefit state and delivery services already are supplying local governments and authorities.138 disclosure component of the EMMA However, as discussed in section III.A.6. system. 144 The MSRB proposed certain identifying below, two commenters expressed the information to be required in the MSRB EMMA 139 See NASACT Letter, at 2, and GFOA Letter, at Proposal, which the Commission is also approving. 2. 136 See Vanguard Letter, IAA Letter, e-certus See supra note 12. We note that the MSRB would 140 Letter, NASACT Letter, ICI Letter, Multiple-Markets See e-certus Letter, at 2, and EDGAR Online be required to file a proposed rule change with the Letter, NFMA Letter, EDGAR Online Letter, SPSE Letter, at 6. Commission pursuant to Section 19(b) of the Letter and DAC Letter. 141 See Proposing Release, 73 FR at 46144 n.64. Exchange Act regarding any additional identifying 137 See SIFMA Letter, at 3. 142 See SPSE Letter, at 9. information and any changes to that information 138 See GFOA Letter, at 2. 143 Id. that it wishes to prescribe.

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identifying information with their about such items.151 Because these Participating Underwriter will be submissions.145 comments are pertinent to the MSRB’s exempt from its obligations under The Proposing Release also requested EMMA proposal, and not to the paragraph (b)(5) of the Rule if an issuer comments regarding supplying Commission’s adoption of these or obligated person has agreed in its identifying information as prescribed by amendments, they are addressed in the limited undertaking to provide annual the MSRB and regarding alternative Commission order approving the financial information, operating data continuing disclosure document and material event notices to the MSRB methods that would assist investors and component of the EMMA system.152 in an electronic format as prescribed by municipal market participants in the MSRB, and the exemption’s other locating specific information about a 6. Exemptive Provision conditions are met. municipal security that is submitted We are amending Rule 15c2– One commenter stated that the under the Rule. 12(d)(2)(ii), as proposed, which practical effect of the proposed Commenters generally supported provides for a limited exemption from amendments would be the repeal of the requiring Participating Underwriters to the requirements of paragraph (b)(5) of small issuer exemption.158 The reasonably determine that the issuer or the Rule, as long as the conditions commenter stated that, while small obligated person has undertaken in specified in paragraph (d)(2) are met. issuers receive few requests for writing to accompany all documents The exemption in Rule 15c2–12(d)(2) continuing disclosure documents from submitted to the MSRB with identifying provides that paragraph (b)(5) of the investors, many of these issuers are information as prescribed by the Rule, which relates to the submission of subject to public disclosure laws and MSRB.146 In addition, one commenter continuing disclosure documents make financial information and did not believe that this determination pursuant to continuing disclosure operating data publicly available that would impose an unreasonable burden agreements, does not apply to a primary exceeds that which would be included on underwriters.147 The need for such offering if three conditions are met. in an official statement or required of information was generally perceived as These conditions are: (i) The issuer or other issuers pursuant to a continuing the obligated person has less than or essential to permit investors and others disclosure agreement under Rule 15c2– equal to $10 million of debt to access continuing disclosure 12(b)(5). The commenter believed that outstanding; 153 (ii) the issuer or documents from the MSRB.148 Two the practical effect of this proposal obligated person has undertaken in a would be to cause small issuers to incur commenters observed that in order for written agreement or contract (‘‘limited increased costs associated with filing the EMMA system to sort and categorize undertaking’’) to provide: (A) upon such information electronically because disclosure documents efficiently and request to any person or at least they believed that the information may accurately, submissions to EMMA annually to the appropriate SID, if any, be considerably more extensive than should include specific identifying financial information or operating data that submitted by other issuers. The 149 information. Two other commenters regarding each obligated person for commenter suggested that the noted that the need for identifying which financial information or Commission either retain the small 150 information is essential. The operating data is presented in the final issuer exemption in its current form or Commission believes that it is in the official statement, which financial delete paragraph (d)(2) of Rule 15c2–12 interest of issuers and obligated persons information and operating data shall altogether. to provide accurate indexing include, at a minimum, that financial We recognize that one effect of the information. Moreover, under rule information and operating data which is amendments will be that some small changes in this release and the MSRB customarily prepared by such obligated issuers will submit annual financial Approval Order, identifying information person and is publicly available,154 and information and operating data to the will be required by Commission and (B) to each NRMSIR or to the MSRB, MSRB when currently they do not MSRB rules. Several commenters and to the appropriate SID, if any, regularly submit such disclosures to any suggested specific items of identifying material event notices; 155 and (iii) the repository. We do not believe that information that should be prescribed final official statement identifies by electronically formatting information a by the MSRB or sought clarification name, address and telephone numbers small issuer already has and makes the persons from which the foregoing publicly available will be a significant 145 The commitment by an issuer to provide information, data and notices can be burden. Further, we do not believe that identifying information exists only if it were obtained.156 The rule amendments the final amendments would result in included in a continuing disclosure agreement. As revise the limited undertaking set forth small issuers providing the voluminous a result, issuers submitting continuing disclosure documents pursuant to the terms of undertakings in 15c2–12(d)(2)(ii)(A) and (B) by filings the commenter suggests. This that were entered into prior to the effective date of deleting references to NRMSIRs and amendment does not affect the nature of the final amendments and that did not require SIDs, and by solely referencing the a Participating Underwriter’s obligation identifying information will be able to submit MSRB.157 Accordingly, under the to reasonably determine that a small documents without supplying identifying amendment to Rule 15c2–12(d)(2)(ii), a information. Nevertheless, we encourage such issuer has undertaken to deliver issuers to include identifying information when continuing disclosure documents to they or their agent submit continuing disclosure 151 See, e.g., Edgar Online Letter, at 3, DAC Letter, fulfill the conditions of the exemption; documents to the repository. See also Section III.C., at 6, Multiple-Markets Letter, at 3, NFMA Letter, at rather, it affects what the Participating infra discussing transition issues. 2, and NAHEFFA Letter, at 2. Underwriter needs to determine 146 See, e.g., GFAO Letter, at 2, Vanguard Letter, 152 See MSRB Approval Order, supra note 12. at 4, SIFMA Letter, at 2, Texas MAC Letter, OMAC 153 17 CFR 240.15c2–12(d)(2)(i). regarding the undertaking with respect Letter, ICI Letter, at 5, Multiple-Markets Letter, at 154 17 CFR 240.15c2–12(d)(2)(ii)(A). to the location where such documents 2–3, NFMA Letter, at 1, and Edgar Online Letter, 155 17 CFR 240.15c2–12(d)(2)(ii)(B). are to be sent. Specifically, the final at 3. 156 Although this provision provides an amendments do not revise the provision 147 See SIFMA Letter, at 2. exemption for Participating Underwriters in a limiting the commitment to provide 148 See, e.g., Vanguard Letter, at 4, Texas MAC primary offering of municipal securities, as long as annual financial or operating data only Letter, NFMA Letter, at 2, and ICI Letter, at 5. its conditions are satisfied, it is commonly referred 149 See Vanguard Letter, at 4, and NFMA Letter, to as the ‘‘small issuer exemption.’’ if such information is customarily at 1. 157 See Section III.A.7. infra for a discussion of 150 See Texas MAC Letter and OMAC Letter. the deletion from the Rule of references to SIDs. 158 See NABL Letter, at 2.

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prepared by such obligated person and altogether.162 We note that the final 7. SIDs is publicly available. Furthermore, if a amendments do not alter the provision We are amending subparagraphs (A) small issuer customarily prepares and that specifies that the undertaking by through (D) of Rule 15c2–12(b)(5)(i), as makes publicly available information small issuers to provide annual proposed to be amended, to delete that is more extensive than that financial information or operating data references to SIDs, in addition to provided in the final official statement, need be satisfied only to the extent that references to each NRMSIR. Thus, the Participating Underwriter may rely such information is customarily Participating Underwriters no longer on an undertaking that is limited to prepared by the obligated person and is will need to reasonably determine that providing the information that would 163 publicly available. We understand issuers or obligated persons have agreed comprise annual financial information that most small governmental issuers in continuing disclosure agreements to for non-exempt offerings.159 prepare and make publicly available provide continuing disclosure Under our amendments, a condition annual financial statements or other documents to the appropriate SID, if of the exemption available to financial and operating data as a matter any. We also are revising paragraph Participating Underwriters now will of course. For such issuers, we (d)(2) of the Rule, which provides for an require the undertaking to provide that recognize that the difference between exemption from paragraph (b)(5) of the annual financial information or our amendment to the exemption and Rule if specified conditions are met.165 operating data, if customarily prepared elimination of the exemption entirely, The final amendments revise the limited and publicly available, will be as a practical matter, may be minimal. undertaking set forth in Rule 15c2– submitted to the MSRB, rather than However, we note that small obligated 12(d)(2)(ii) by deleting references to being supplied only upon request to any persons, such as private conduit each NRMSIR and the appropriate SID, person or at least annually to the borrowers, also benefit from the small if any, and solely referencing the MSRB appropriate SID, if any.160 Participating issuer exemption. Such obligated and specifying that the financial Underwriters seeking an exemption persons and some small issuers may not information, operating data, and from subparagraph (b)(5) would no customarily prepare financial and material event notices are to be longer need to reasonably determine operating data for public availability. provided to the MSRB in an electronic that small issuers will provide annual We believe that it is preferable to take format and accompanied by identifying financial information or operating data a measured approach and observe the information as prescribed by the MSRB. to any person, upon request, pursuant to actual impact of the final amendments As noted above, under paragraph (d)(2) the small issuer’s undertaking. If such before considering elimination of the of the Rule, Participating Underwriters requests are received, small issuers will small issuer exemption entirely. will be exempt from their obligation be able to refer investors or others to the Accordingly, the Commission has under paragraph (b)(5) of the Rule if the MSRB to obtain the information. determined not to eliminate at this time issuer or obligated person has agreed in Nevertheless, we recognize that today the small issuer exemption as the its limited undertaking to provide some small issuers that reside in a state commenter suggested.164 financial information, operating data, without a SID and that historically We believe that the exemptive and material event notices to the MSRB receive no requests from investors or in an electronic format and provision of the amended Rule—that others for such annual financial accompanied by identifying information paragraph (b)(5) of the Rule will not information are not obligated by their as prescribed by the MSRB, and if the apply under the revised conditions continuing disclosure agreement to provision’s other conditions are met. provide this information to each described above—is justified despite the increased burden on some small issuers We requested comment on the NRMSIR, the MSRB, or any other proposal to omit references to the SIDs 161 by the amended Rule’s objective that entity. In contrast, as a condition of in the Rule. In particular, comment was this information be more widely the exemption, the final amendments requested concerning the impact of available to investors, market will provide that a Participating removing the references to the SIDs in professionals, and others. The Underwriter must reasonably determine the Rule, including the impact of this availability of this information should that a small issuer undertakes to provide proposal on the obligations of help brokers to fulfill their obligations annual financial information, to the Participating Underwriters, issuers and and investors to make better informed extent the issuer prepares it and makes obligated persons. We also requested it publicly available, to the MSRB in an investment decisions regarding comment on the effect of the proposed electronic format. municipal securities, thereby helping to amendment on SIDs and on their role in At this time, we believe that our deter fraud in the municipal securities the collection and disclosure of proposed amendment of the small issuer market. continuing disclosure documents. exemption is preferable to the Five commenters addressed the commenter’s alternative suggestion to 162 See NABL Letter, at 2. 163 proposed removal of references to SIDs eliminate the small issuer exemption 17 CFR 15c2–12(d)(2)(ii)(A). 166 164 It is possible that this provision could provide from the Rule. Four of the a disincentive to an obligated person to prepare the commenters stated that the MSRB 159 See response to question 18 in letter to John information and make it publicly available. As should provide a data feed to SIDs of S. Overdorff, Chair, and Gerald J. Laporte, Vice- noted above, we understand that most small documents related to issuers in their Chair, of the Securities Law and Disclosure governmental issuers routinely prepare and make Committee of NABL, from Robert L.D. Colby, publicly available annual financial statements or states so that those issuers that may be Deputy Director, Division of Market Regulation, other financial and operating data, although some required by their states to send dated June 23, 1995, 1995 SEC No–Act. LEXIS 563. small obligated persons, such as private conduit continuing disclosure documents to a 160 See Section V.B., infra for a discussion of the borrowers, may not prepare this information and SID need not provide them to both the costs small issuers may incur in connection with make it publicly available. We will monitor the submitting continuing disclosure documents to the extent to which the exemption as currently crafted MSRB. fosters a disincentive to preparing annual financial 165 See Section III.A.6. supra for a discussion of 161 We understand that, in some cases, state laws information and operating data and making it the exemptive provision contained in Rule 15c2– may provide for the public availability or publicly available and will consider whether any 12(d)(2). distribution of such information. However, these further amendment to the small issuer exemption 166 See GFOA Letter, SIFMA Letter, Texas MAC requirements vary widely. is warranted. Letter, OMAC Letter, and Multiple-Markets Letter.

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MSRB and a SID.167 They believed that in connection with the MSRB Approval case where no financial information or this approach would be more efficient Order.170 operating data was provided in the final for both issuers and SIDs and result in official statement with respect to such 8. Other Amendments more complete and consistent data obligated person, of the type included in availability of information from the We are adopting a change to Rule the final official statement with respect MSRB and SIDs. Furthermore, two of 15c2–12(b)(4)(ii), as proposed, which to those obligated persons that meet the these commenters expressly indicated currently refers to a NRMSIR with objective criteria applied to select the that there should be no charge to SIDs respect to the time period in which the persons for which financial information to receive such a data feed.168 One Participating Underwriter must send the or operating data will be provided on an commenter supported the proposal to final official statement to any potential annual basis. Both definitions allow for remove references to SIDs from the customer. Specifically, under Rule financial information or operating data Rule, noting that there are just three 15c2–12(b)(4), from the time the final to be set forth in the document or set of SIDs and that the ease of public access official statement becomes available documents, or be included by specific to the MSRB’s EMMA system renders until the earlier of: (1) Ninety days from reference to documents previously specific reference to SIDs, the end of the underwriting period; or provided to each NRMSIR, and to a SID, unnecessary.169 (2) the time when the official statement if any, or filed with the Commission. We Because we are amending the Rule to is available to any person from a are amending Rule 15c2–12(f)(3) and provide for a single repository for the NRMSIR, but in no case less than (f)(9), as proposed, to replace references electronic collection and availability of twenty-five days following the end of to each NRMSIR and the appropriate continuing disclosure documents that, the underwriting period, the SID, if any, with references to the in our view, will efficiently and Participating Underwriter in a primary MSRB’s Internet Web site. Accordingly, effectively improve disclosure in the offering is required to send to any the amendments to paragraphs (f)(3) and municipal securities market, we believe potential customer, upon request, the (f)(9) of the Rule will allow issuers to that it is no longer necessary to final official statement. We are reference financial information or specifically require in the Rule that amending the language in Rule 15c2– operating data set forth in specified Participating Underwriters reasonably 12(b)(4)(ii), as proposed, to refer to the documents available to the public from determine that issuers and obligated MSRB instead of to a NRMSIR. the MSRB’s Internet Web site (or filed persons have contractually agreed to Accordingly, Participating Underwriters with the Commission) as part of the provide continuing disclosure will have the time period from when the final official statements and annual documents to the SIDs or that the final official statement becomes financial information, instead of provision that provides an exemption available until the earlier of: (1) Ninety referencing specific documents from this requirement refer to SIDs. days from the end of the underwriting previously provided to each NRMSIR Nevertheless, the amendments will not period; or (2) the time when the official and SID. affect the legal obligation of issuers and statement is available to any person We received one comment letter that obligated persons to provide continuing from the MSRB, but in no case less than addressed the proposed amendment to disclosure documents, along with any twenty-five days following the end of the definition of ‘‘final official 171 other submissions, to the appropriate the underwriting period, to send the statement.’’ The commenter SID, if any, as required under the final official statement to a potential expressed technical concerns regarding appropriate state law. In addition, the customer, upon request. the first sentence of paragraph (f)(3), amendments will have no effect on the In addition, we are adopting similar noting that issuers obligated by obligations of issuers and obligated changes to Rule 15c2–12(f)(3) and (f)(9), undertakings made before the effective persons under outstanding continuing as proposed, which define the terms date of the final amendments would not disclosure agreements entered into prior ‘‘final official statement’’ and ‘‘annual have entered into a ‘‘written contract or to the effective date of the amendments financial information,’’ respectively. agreement specified in paragraph to the Rule to submit continuing Rule 15c2–12(f)(3) defines the term (b)(5)(i)’’ (because paragraph (b)(5)(i) disclosure documents to the appropriate ‘‘final official statement’’ to mean a currently requires different terms of the SID, if any, as stated in their existing document or set of documents prepared continuing disclosure undertaking). continuing disclosure agreements, nor by an issuer of municipal securities or However, we have not made the change on their obligation to make any other its representatives that is complete as of suggested in the comment letter because we do not believe that it is necessary. submissions that may be required under the date delivered to the Participating We believe that the amendment as the appropriate state law. We agree with Underwriter and that sets forth adopted makes clear that, in reporting the opinions of those commenters who information concerning, among other any instances in the previous five years underscored the importance for the things, financial information or in which each person specified document collections of the MSRB and operating data concerning such issuers pursuant to paragraph (b)(5)(ii) of the SIDs to be consistent to avoid uneven of municipal securities and those other Rule failed to comply, in all material access to information that otherwise entities, enterprises, funds, accounts, respects, with any previous might result. However, the commenters’ and other persons material to an undertakings in a written contract or suggestions relating to data feeds, evaluation of the offering. Rule 15c2– agreement specified in paragraph including free access to such feeds, 12(f)(9) defines the term ‘‘annual (b)(5)(i) of the Rule, a final official relate to the operation of the MSRB’s financial information’’ to mean financial statement must include any such continuing disclosure component of the information or operating data, provided failures over such period with respect to EMMA system, rather than to the instant at least annually, of the type included both written contracts or agreements rulemaking and therefore are addressed in the final official statement with entered into in conformance with respect to an obligated person, or in the 167 paragraph (b)(5)(i) of the Rule prior to See GFOA Letter, at 3, Texas MAC Letter, the effective date of the amendments OMAC Letter, and Multiple-Markets Letter, at 2. 170 As noted above, the MSRB is required to file 168 See GFOA Letter, at 3, and Multiple-Markets any new fees or changes to its fees with the and written contracts or agreements Letter, at 3. Commission under Section 19(b) of the Exchange 169 See SIFMA Letter, at 3. Act. 171 See NABL Letter, at 2–3.

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entered into in conformance with securities disclosure, it believed that it Commission does not believe the paragraph (b)(5)(i) of the Rule as is ‘‘even harder to link the [proposed amendments to Rule 15c2–12 are amended. amendments and related MSRB rule inconsistent with the limitations in filing] to preventing fraud, which is the B. Other Comments Exchange Act section 15B(d). As basis for the Commission’s discussed in detail throughout this Two commenters 172 questioned the authority.’’ 176 release, as well as the Proposing Commission’s authority to adopt the Three commenters that supported the Release, the Commission believes that proposed amendments in light of the proposed amendments expressed their the amendments to Rule 15c2–12 are provisions of section 15B(d) of the concern about any actions that would consistent with its Congressional Exchange Act, commonly referred to as allow the Commission to impose mandate to, among other things, adopt 173 the ‘‘Tower Amendment.’’ One of the disclosure requirements on issuers.177 rules reasonably designed to prevent commenters stated its belief that the One of these commenters, however, fraud in the municipal securities Tower Amendment prohibits federal expressly noted that ‘‘the proposal’s sole market.187 It is important for investors, regulation of state issuers; the proposed purpose of having the MSRB operate a market professionals, analysts, and amendments place ‘‘de facto regulatory system to accept and post disclosure others to have access to complete and power in the hands of a federal documents does not violate the Tower timely descriptive information about regulatory body;’’ and ‘‘the body in 178 Amendment.’’ municipal securities and municipal whose hands regulatory power is placed 179 As we have noted in the past, with securities issuers. The proposed is a group constituted of those who the passage of the Securities Acts amendments are expected to improve stand to profit from underwriting of Amendments of 1975 (‘‘1975 access to information about municipal state-issued securities.’’ 174 The other Amendments’’), Congress provided for a securities for those who effect commenter stated that the proposed limited regulatory scheme for municipal transactions in the municipal markets. amendments, in combination, with the securities.180 Prior to the passage of the Better access to the disclosure is MSRB’s EMMA Proposal, go further 1975 Amendments, municipal issuers designed to allow them to compare that than the 1994 Amendments into the were exempt from the registration and information against any other area protected by the Tower continuous reporting provisions of both information disseminated with respect Amendment, because they establish, as the Securities Act of 1933 181 and the to municipal securities. In furtherance the sole repository, a single Exchange Act. While municipal issuers of the fundamental purpose of Rule Commission-supervised body, the continued to be exempt from all but the 15c2–12, this accessibility should allow MSRB, that is also subject to the Tower antifraud provisions of the federal these market participants to more easily Amendment.175 In addition, this securities laws, the 1975 Amendments detect potentially fraudulent commenter stated a belief that because required the registration of municipal information. Finally, we do not believe the proposed amendments and the securities brokers and dealers,182 and that this Commission rulemaking MSRB’s related rule filing ‘‘are akin to established the MSRB,183 granting it the implicates section 15B(d)(2), which a joint initiative between the SEC and authority to promulgate rules governing applies only to the MSRB. Indeed, this the MSRB,’’ they should be subject to the sale of municipal securities effected rulemaking comports with section the limits of both provisions of Section by brokers, dealers and municipal 15B(d)(2)’s explicit reservation of the 15B(d). Because the commenter securities dealers. Commission’s authority under the questions whether the Commission’s While narrowly tailoring the authority Exchange Act to, among other things, and MSRB’s proposals would in fact of the MSRB to require that disclosure promulgate regulations reasonably improve the availability of municipal documents be provided to investors, designed to prevent fraud, thereby Congress was careful to preserve the 172 protecting investors and preserving the See SPSE Letter, at 12–15, and DPC DATA authority of the Commission under Letter, at 1. integrity of the market for municipal section 15(c)(2) of the Exchange Act.184 173 The so-called ‘‘Tower Amendment,’’ added securities. Section 15B(d), 15 U.S.C. 78o–4(d) to the Exchange Section 15B(d)(2) expressly indicates Act. It states: ‘‘(1) Neither the Commission nor the that ‘‘[n]othing in this paragraph shall C. Transition Board is authorized under this title, by rule or be construed to impair or limit the regulation, to require any issuer of municipal The amendments to Rule 15c2–12 securities, directly or indirectly through a purchaser power of the Commission under any or prospective purchaser of securities from the provision of this title.’’ 185 Thus, while will require Participating Underwriters issuer, to file with the Commission or the Board prohibiting the Commission from to reasonably determine whether prior to the sale of such securities by the issuer any requiring municipal issuers to file continuing disclosure agreements for application, report, or document in connection with primary offerings occurring on or after the issuance, sale, or distribution of such securities. reports or documents prior to issuing (2) The Board is not authorized under this title to securities in section 15B(d)(1),186 the effective date of the amendments require any issuer of municipal securities, directly Congress expanded the Commission’s comply with the provisions of the or indirectly through a municipal securities broker authority to adopt rules reasonably amendments, including containing a or municipal securities dealer or otherwise, to specific reference to the MSRB as the furnish to the Board or to a purchaser or a designed to prevent fraud. The prospective purchaser of such securities any sole repository to receive an issuer’s or application, report, document, or information with 176 See SPSE Letter, at 14. obligated person’s continuing disclosure respect to such issuer: Provided, however, That the 177 See GFOA Letter, at 1, NASACT Letter, at 2, documents. Commenters generally Board may require municipal securities brokers and and NAHEFFA Letter, at 2. confirmed that an issue exists with municipal securities dealers to furnish to the Board 178 See GFOA Letter, at 3. respect to the handling of continuing or purchasers or prospective purchasers of 179 See 1994 Proposing Release, supra note 113. municipal securities applications, reports, disclosure documents submitted under 180 The Securities Acts Amendments of 1975, documents, and information with respect to the Pub. L. 94–29, 89 Stat. 97 (June 4, 1975). continuing disclosure agreements issuer thereof which is generally available from a 181 entered into by issuers and obligated source other than such issuer. Nothing in this 15 U.S.C. 77a et seq. paragraph shall be construed to impair or limit the 182 15 U.S.C. 78o–4(a)(1). persons prior to the effective date of the power of the Commission under any provision of 183 15 U.S.C. 78o–4(b)(1). this title.’’ 15 U.S.C. 78o–4(d). 184 15 U.S.C. 78o(c)(2). 187 Rule 15c2–12 was adopted under a number of 174 See DPC DATA Letter, at 1. 185 15 U.S.C. 78o–4(d)(2). Exchange Act provisions, including Section 15(c); 175 See SPSE Letter, at 14. 186 15 U.S.C. 78o–4(d)(1). 15 U.S.C. 78o(c).

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final rule amendments.188 To address existing continuing disclosure the MSRB also to serve as the sole issues that may arise if continuing agreements. The commenter’s suggested NRMSIR. disclosure documents submitted alternative, that the Commission issue Accordingly, the Commission has pursuant to existing continuing an interpretive letter stating that an determined to implement the approach disclosure agreements must be filed in issuer or obligated person that chooses that it outlined in the Proposing different locations from those to satisfy an existing undertaking by Release.196 We hereby direct documents submitted in connection transmitting documents to the MSRB Commission staff to withdraw all ‘‘no with offerings occurring on or after the would be acting in a manner consistent action’’ letters recognizing existing amendments’ effective date, we with the Rule, as amended, would also NRMSIRs 197 as of 12 midnight (ET) of requested comment on directing be inappropriate because it would the day preceding the effective date of Commission staff to withdraw the ‘‘no ignore the plain meaning of those the final amendments to Rule 15c2–12. action’’ letters provided to the current existing contracts that require In addition, by amending Rule 15c2–12, NRMSIRs and designating the MSRB as continuing disclosure documents to be we are designating the MSRB as the sole the sole NRMSIR.189 provided to NRMSIRs and SIDs. 190 NRMSIR. Consequently, beginning on While some commenters We believe that it would be supported this approach, others the effective date of the final inefficient, confusing and burdensome amendments, continuing disclosure advocated various alternative transition for issuers to submit continuing 191 documents that are provided pursuant processes. For example, one disclosure documents for offerings that commenter suggested that the to existing continuing disclosure occurred prior to the effective date of agreements—i.e., those agreements Commission could require any the final amendments to different continuing disclosure made pursuant to entered into prior to the effective date locations than for offerings occurring of the final amendments (which the amended Rule provide that issuers afterwards. Moreover, having such a make filings with the MSRB typically reference the NRMSIRs as bifurcated system would not be in the locations to which a submission should electronically with respect to new best interests of investors and others undertakings and all undertakings be made)—should be provided to the who seek information about municipal previously entered into by such MSRB in its capacity as the sole issuers because it could result in the 198 issuers.192 In the alternative, this NRMSIR. Providing all MSRB collecting only a portion of new commenter suggested that the submissions—for both past and future information. We believe that one Commission issue an interpretive letter offerings—to the same location is commenter’s suggestion that new stating that an issuer that chooses to expected to be less confusing to, and is continuing disclosure agreements satisfy existing undertakings (namely, expected to simplify the submission amend all prior disclosure agreements that documents be provided to process for, issuers and other obligated of the same issuer would incorporate NRMSIRs and SIDs) by transmitting persons subject to continuing disclosure existing continuing disclosure into the them to the MSRB would be acting in agreements, as well as to investors and a manner consistent with the Rule as new centralized system only if and others who wish to obtain such amended.193 Another commenter when an issuer returns to the market, information.199 supported the proposed alternative and therefore is not as effective a transition mechanism as the approaches.194 The Commission 196 See Proposing Release, 73 FR at 46146. observes that under the commenter’s Commission’s approach. 197 See Letters from Brandon Becker, Director, primary suggestion, the Commission in We believe that it will be more Division of Market Regulation (n/k/a Division of efficient and effective to implement a Trading and Markets), Commission, to: Michael R. effect would mandate the amendment of Bloomberg, President, Bloomberg L.P., dated June existing contracts without the parties’ sole repository expeditiously. In our 26, 1995, and Aaron L. Kaplow, Vice President, consent. We do not believe that it would view, this can best be accomplished by Kenny S&P Information Services, dated June 26, be appropriate to interfere with the creating a mechanism by which issuers 1995; and Letters from Robert L.D. Colby, Deputy or obligated persons may comply with Director, Division of Market Regulation (n/k/a terms of existing contracts, which were Division of Trading and Markets), Commission, to: the subject of negotiation among the their existing undertakings by Peter J. Schmitt, President, DPC DATA, dated June parties. In addition, we note that the submitting their continuing disclosure 23, 1997, and John King, Chief Operating Officer, submission to the MSRB of continuing documents to one location, thereby Interactive Data, dated December 21, 1999. disclosure documents for past offerings providing investors and municipal 198 Issuers or obligated persons with existing limited undertakings under Rule 15c2– would not occur until a subsequent market participants with prompt and 12(d)(2)(ii)(B) that reference the MSRB rather than offering occurs. As many issuers and easy access to continuing disclosure the NRMSIRs as the location to submit material obligated persons do not offer securities documents at no charge. Our proposed event notices would not be affected by this annually—many do so only approach to withdraw the ‘‘no action’’ approach because they would continue to submit such notices to the MSRB as stated in their limited occasionally—there would be a letters to the existing NRMSIRs and undertaking. However, issuers or obligated persons potentially lengthy period during which have the MSRB be the sole NRMSIR for with existing limited undertakings that reference some issuers would supply continuing the submission of continuing disclosure the NRMSIRs as the location to submit material disclosure documents to the MSRB, documents pursuant to continuing event notices would provide such notices to the disclosure agreements entered into prior MSRB in its capacity as the sole NRMSIR. while others would continue to supply 199 We note that this approach will result in them to the NRMSIRs and SIDs under to the effective date of the final issuers located in the three states with SIDs amendments was supported by a providing continuing disclosure documents for 188 See, e.g., ICI Letter, at 4, NABL Letter, at 1– number of commenters who addressed undertakings entered into prior to the effective date 2, SPSE Letter, at 15, and Vanguard Letter, at 3. this issue.195 We believe that, given the of the final amendments to both the MSRB and the 189 See Proposing Release, 73 FR at 46146. appropriate SID. This situation is unavoidable even MSRB’s proposal to implement the though SIDS no longer will be referenced in the 190 See SIFMA Letter, at 3–4, ICI Letter, at 3–4, continuing disclosure feature of its Rule as amended, because the obligation to provide and Vanguard Letter, at 2–3. documents to the appropriate SID under existing 191 See GFOA Letter, at 3, NABL Letter, at 1–2, EMMA system that we are approving today, it is reasonable and sensible for agreements is not being affected as a result of our NASACT Letter, at 2, and NFMA Letter, at 1. direction to withdraw outstanding ‘‘no action’’ 192 See NABL Letter, at 1–2. letters to the NRMSIRs and designating the MSRB 193 Id. 195 See ICI Letter, at 4, SIFMA Letter, at 4, and as the sole NRMSIR for purposes of outstanding 194 See GFOA Letter, at 3. Vanguard Letter, at 3. continuing disclosure agreements.

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To assist issuers and obligated revenue from their respective become informed about the MSRB’s new persons during the period between the collections. As a practical matter, role as the only NRMSIR; become date the Commission adopts the requests for such documents from the familiar with the continuing disclosure amendments and their effective date, NRMSIRs by those who are not already component of EMMA; arrange to obtain municipal advisers and lawyers may subscribers to their services may be necessary documents in or convert such wish to consider noting to their clients expected to decline over time, because documents into the electronic format that the MSRB will become the only more current continuing disclosure designated by the MSRB; and generally NRMSIR on the effective date and that documents will become available adapt their policies and procedures for all continuing disclosure documents without charge from the MSRB. providing continuing disclosure should thereafter be provided to the We also requested comment on any documents. MSRB alone. We note that the MSRB issues or problems that could arise if IV. Paperwork Reduction Act has indicated plans for an extensive investors seek to obtain and compare outreach program to educate issuers and information from multiple The Rule, as amended, contains other obligated persons regarding use of repositories—e.g., historical continuing ‘‘collection of information its EMMA system’s continuing disclosure documents from the requirements’’ within the meaning of disclosure service and to assist filers NRMSIRs and current continuing the Paperwork Reduction Act of 1995 who have been accustomed to providing disclosure documents from the MSRB— (‘‘PRA’’).209 In accordance with 44 paper documents, which should help and whether there are any alternative U.S.C. 3507 and 5 CFR 1320.11, the further alleviate the potential for methods that would allow them to Commission submitted revisions to the transitional problems.200 obtain complete information about currently approved collection of In determining that the MSRB should municipal securities, including information titled ‘‘Municipal Securities become the sole NRMSIR on the obtaining historical information. Two Disclosure’’ (17 CFR 240.15c2–12) effective date of the final amendments, commenters, however, favored (OMB Control No. 3235–0372) to the we considered the continued transferring continuing disclosure Office of Management and Budget accessibility to the public of the information to the MSRB if the (‘‘OMB’’). An agency may not conduct documents provided to the existing NRMSIRs do not retain historical or sponsor, and a person is not required NRMSIRs. In the Proposing Release, we documents.204 to respond to, a collection of sought comment on whether there are We note that transitional issues information unless it displays a concerns that the NRMSIRs would not regarding access to continuing currently valid control number. In the retain the historical continuing disclosure documents generally are time Proposing Release, the Commission disclosure documents and whether limited. Investors presumably desire to solicited comments on the collection of commenters anticipate any problems in obtain information for only the most information requirements. The obtaining such documents from the recent years. Further, since final official Commission noted that the estimates of current NRMSIRs, if they were no longer statements of offerings subject to the the effect that the proposed recognized as such. In addition, we Rule must disclose the failures of an amendments to the Rule would have on requested that, if commenters foresaw issuer or obligated person to comply the collection of information were based any such problems, they suggest with continuing disclosure undertakings on data from various sources, including alternative approaches for the retention only for the previous five years,205 the most recent PRA submission for of and access to historical information. Participating Underwriters presumably Rule 15c2–12, the MSRB, and municipal One NRMSIR requested that, in the do not desire access to older industry participants. Although the event that the Commission determined information. The Commission believes Commission received twenty-three no longer to designate it as a NRMSIR, that the benefits that it anticipates in comment letters on the proposed it not have any continuing obligation to connection with the final amendments rulemaking, none of the commenters serve as a NRMSIR for existing justify the transitory challenges of the addressed the estimates regarding its documents and historical documents.201 Rule’s conversion from the NRMSIR collection of information aspects. After However, other commenters expressed a model to a model in which the MSRB further consideration, the Commission concern that such documents might not will be the sole repository. has refined the cost estimate that issuers remain accessible.202 The Commission Some commenters advocated a short could incur to obtain technology understands that each NRMSIR is an transition period 206 whereas other resources. The Commission continues to information vendor that has been in that commenters stressed that the believe that all other burden estimates business for a number of years.203 While Commission should allow sufficient provided in the Proposing Release are Rule 15c2–12, as amended, will no time to allow small issuers to prepare appropriate. longer contemplate use of the current for an electronic-only process.207 We A. Summary of Collection of NRMSIRs for future continuing have established July 1, 2009 as the Information disclosure documents from issuers and effective date of these amendments.208 Prior to these amendments, under obligated persons after the effective date We believe that the approximately eight paragraph (b) of Rule 15c2–12, a of the final amendments, the month period will be adequate to Participating Underwriter is required: Commission believes that the current address commenters’ concerns regarding (1) To obtain and review an official NRMSIRs could determine it is in their the need for adequate time for issuers to statement ‘‘deemed final’’ by an issuer interest to continue to provide public of the securities, except for the omission access to the continuing disclosure 204 See ICI Letter, at 4, and Vanguard Letter, at 3. 205 of specified information, prior to documents they obtained while serving See Rule 15c2–12(f)(3), 17 CFR 15c2–12(f)(3). 206 making a bid, purchase, offer, or sale of as NRMSIRs, in order to be able to earn See NFMA Letter, at 1, and Vanguard Letter, at 3. municipal securities; (2) in non- 207 See GFOA Letter, at 2, and NASACT, at 2. competitively bid offerings, to send, 200 See MSRB EMMA Proposal, supra note 12, 73 208 Because commenters also addressed the upon request, a copy of the most recent FR at 46165. proper length of the transition period in the context 201 See SPSE Letter, at 15. of the MSRB EMMA Proposal, we also are preliminary official statement (if one 202 See Vanguard Letter, at 3, and ICI Letter, at 4. addressing the issue in the MSRB Approval Order, 203 See supra note 197. supra note 12. 209 44 U.S.C. 3501 et seq.

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exists) to potential customers; (3) to financial information and operating data format and accompanied by identifying send, upon request, a copy of the final which is customarily prepared by such information, as prescribed by the MSRB. official statement to potential customers obligated person and is publicly In the Proposing Release, we estimated for a specified period of time; (4) to available, upon request to any person or that the respondents impacted by the contract with the issuer to receive, at least annually to the appropriate paperwork collection associated with within a specified time, sufficient SID,212 and (B) material event notices to the Rule would consist of: 250 broker- copies of the final official statement to each NRMSIR or the MSRB, as well as dealers, 10,000 issuers, and the MSRB. 213 comply with the Rule’s delivery the appropriate SID; and (3) the final The Commission included this requirement, and the requirements of official statement identifies by name, estimated number of respondents in the the rules of the MSRB; and (5) before address and telephone number the Proposing Release and received no purchasing or selling municipal persons from which the foregoing comments on this estimate. The securities in connection with an information, data and notices can be Commission continues to believe that offering, to reasonably determine that obtained. The final amendments revise the issuer or obligated person has the limited undertaking set forth in these estimates are appropriate. undertaken, in a written agreement or 15c2–12(d)(2)(ii)(A) and (B) by deleting D. Total Annual Reporting and contract, for the benefit of holders of references to the NRMSIRs and SIDs and Recordkeeping Burden such municipal securities, to provide solely referencing the MSRB. annual filings, material event notices, Accordingly, under the amendment to We estimate the aggregate information and failure to file notices (i.e., Rule 15c2–12(d)(2)(ii), a Participating collection burden for the amended Rule continuing disclosure documents) to Underwriter will be exempt from its to consist of the following: each NRMSIR (or, alternatively, to the obligations under paragraph (b)(5) of the MSRB in the case of material event Rule if an issuer or obligated person has 1. Broker-Dealers 210 notices and failure to file notices). agreed in its limited undertaking to We estimate that the Rule, as Under the Rule, as amended, provide financial information, operating amended, will impose a paperwork Participating Underwriters will be data and material event notices to the collection burden for 250 broker-dealers required to reasonably determine that MSRB in an electronic format as and will require each of these broker- the issuer or obligated person has prescribed by the MSRB, and the dealers an average burden of one hour undertaken in a continuing disclosure exemption’s other conditions are met. agreement to provide continuing per year to comply with the Rule. This B. Use of Information disclosure documents to the MSRB, in burden accounts for the time it will take an electronic format and accompanied The final amendments will provide a broker-dealer to reasonably determine by identifying information, in each case for a single repository that receives that the issuer or obligated person has as prescribed by the MSRB. The final submissions in an electronic format to undertaken, in a written agreement or rule amendments will not substantively encourage a more efficient and effective contract, for the benefit of holders of change any of the current obligations of process for the collection and such municipal securities, to provide Participating Underwriters, except to availability of continuing disclosure annual filings, material event notices, the extent that Participating documents. The final amendments are and failure to file notices (i.e., Underwriters will have to reasonably intended to improve the availability of continuing disclosure documents) to the determine that the issuer or obligated continuing disclosure documents that MSRB. person has agreed in the continuing provide current information about In addition, we estimate that a broker- disclosure agreement to provide municipal issuers and their securities. dealer will incur a one-time paperwork continuing disclosure documents to a As a result, investors and other burden to have its internal compliance single repository, i.e., the MSRB, instead municipal securities market participants attorney prepare and issue a notice should be able to have ready and of to multiple NRMSIRs. advising its employees who work on The final amendments also will revise prompt access to the continuing primary offerings of municipal Rule 15c2–12(d)(2)(ii), which is part of disclosure documents of municipal securities about the final amendments to an exemptive provision from the securities issuers. This information requirements of Rule 15c2–12(b)(5). could be used by retail and institutional Rule 15c2–12. We estimate that it will Prior to the amendments adopted today, investors; underwriters of municipal take the internal compliance attorney the exemption in Rule 15c2–12(d)(2) securities; other market participants, approximately 30 minutes to prepare a provided that paragraph (b)(5) of the including broker-dealers and municipal notice describing the broker-dealer’s Rule, which relates to the submission of securities dealers; municipal securities obligations in light of the revisions to continuing disclosure documents issuers; vendors of information the Rule. The task of preparing and pursuant to continuing disclosure regarding municipal securities; the issuing a notice advising the broker- agreements, would not apply to a MSRB and its staff; Commission staff; dealer’s employees about the adopted primary offering if three conditions and the public generally. amendments is consistent with the type were met: (1) The issuer or the obligated of compliance work that a broker-dealer person has $10 million or less of debt C. Respondents typically handles internally. outstanding; 211 (2) the issuer or The final amendments require that a Accordingly, we estimate that 250 obligated person has undertaken in a Participating Underwriter in a primary broker-dealers each will incur a one- written agreement or contract to offering of municipal securities time, first-year burden of 30 minutes to provide: (A) Financial information or reasonably determine that the issuer or prepare and issue a notice to its operating data regarding each obligated an obligated person has undertaken in a employees regarding the broker dealer’s person for which financial information continuing disclosure agreement to obligations under the adopted or operating data is presented in the submit specified continuing disclosure amendments. final official statement, including documents to the MSRB in an electronic Therefore, under the final 210 17 CFR 240.15c2–12(b). 212 17 CFR 240.15c2–12(d)(2)(ii)(A). amendments, the total burden on 211 17 CFR 240.15c2–12(d)(2)(i). 213 17 CFR 240.15c2–12(d)(2)(ii)(B). broker-dealer respondents will be 375

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hours for the first year 214 and 250 hours collection associated with the Rule, plus MSRB would be 57,250 hours.220 The for each subsequent year.215 The a new burden of an additional 15 Commission included these estimates in Commission included these estimates in minutes to convert the information into the Proposing Release and received no the Proposing Release and received no an electronic format and add any comments on them. The Commission comments on them. The Commission identifying information that the continues to believe that these estimates continues to believe that these estimates repository may prescribe. Therefore, are appropriate. are appropriate. under the final amendments, the total burden on issuers of municipal 3. The MSRB 2. Issuers securities to submit 15,000 annual Under the final amendments, the The Commission believes that issuers filings to the MSRB is estimated to be MSRB will be the sole repository and prepare annual filings and material 11,250 hours.217 will receive disclosure documents in an event notices as a usual and customary We estimate that, under the final electronic, rather than paper, format. We practice in the municipal securities amendments, the MSRB annually will estimate that the burden on the MSRB market. Issuers’ undertakings regarding receive approximately 50,000 to 60,000 to collect, index, store, retrieve, and the submission of annual filings, notices of the occurrence of a material make available the pertinent documents material event notices, and failure to file event.218 We also estimate that, under would be the number of hours that its notices that are set forth in continuing the final amendments, an issuer will employees would be assigned to the disclosure agreements contemplated by take approximately 45 minutes to system for collecting, storing, retrieving, the Rule impose a paperwork burden on submit a material event notice to the and making available the documents. In issuers of municipal securities. We MSRB in an electronic format and the Proposing Release, we noted that the estimate that, in connection with the accompanied by identifying MSRB advised that three full-time final amendments to the Rule, 10,000 information. This estimate includes employees and one half-time employee municipal issuers with continuing approximately 30 minutes to prepare would be assigned to these tasks and disclosure agreements will prepare the material event notice, which is that each full-time employee would approximately 12,000 to 15,000 annual consistent with the prior paperwork spend approximately 2,000 hours per filings yearly.216 collection associated with the Rule, plus year working on these tasks. Therefore, The Rule, as amended, provides that, an additional 15 minutes to convert the under the final amendments, the total under continuing disclosure information into an electronic format burden on the MSRB to collect, store, agreements, continuing disclosure and add any identifying information retrieve, and make available the documents are to be submitted that the repository may prescribe. disclosure documents covered by the electronically to the MSRB, but does not Therefore, under the final amendments, amendments will be 7,000 hours per revise the categories of persons who can the total burden on issuers to submit year.221 The Commission included this submit the documents. Issuers can material event notices to the MSRB will estimate in the Proposing Release and continue to submit continuing require 45,000 hours. received no comments on it. The disclosure documents directly to the We estimate that, under the final Commission continues to believe that repository or can do so indirectly amendments, the MSRB annually will this estimate is appropriate. through an indenture trustee or a receive approximately 1,500 to 2,000 designated agent. An issuer might failure to file notices. We also estimate 4. Annual Aggregate Burden for engage the services of a designated agent that, under the final amendments, an Proposed Amendments as a matter of convenience to advise it issuer will take approximately 30 Accordingly, we estimate that the of the timing and type of continuing minutes to submit a failure to file notice ongoing annual aggregate information disclosure documents that need to be to the MSRB in an electronic format and collection burden for the amended Rule submitted to the repository. We estimate accompanied by identifying will be 64,500 hours.222 The that approximately 30% of issuers will information. This estimate includes Commission included this estimate in utilize the services of a designated agent approximately 15 minutes to prepare the Proposing Release and received no to submit disclosure documents to the the failure to file notice, plus an comments on it. The Commission MSRB. additional 15 minutes to convert the continues to believe that this estimate is We estimate that, under the final information into an electronic format appropriate. amendments, an issuer will take and add any identifying information approximately 45 minutes to submit an that the repository would prescribe. E. Total Annual Cost Burden annual filing to the MSRB in an Therefore, under the adopted 1. Issuers electronic format and accompanied by amendments, the total burden on issuers to prepare and submit failure to file The Commission expects that some identifying information. This estimate issuers may be subject to some costs includes approximately 30 minutes to notices to the MSRB will be 1,000 219 associated with the electronic prepare the annual filing, which is hours. Thus, the estimated 1,000 consistent with the prior paperwork hours to prepare and submit failure to file notices to the MSRB represents a 220 11,250 hours (estimated burden for issuers to submit annual filings) + 45,000 hours (estimated 214 (250 (maximum estimate of broker-dealers new paperwork burden of 1,000 hours. burden for issuers to submit material event notices) impacted by the final amendments) × 1 hour) + (250 Accordingly, under the final + 1,000 hours (estimated burden for issuers to (maximum estimate of broker-dealers impacted by amendments, the total burden on issuers submit failure to file notices) = 57,250 hours. the final amendments) × .5 hour (estimate for one- to submit annual filings, material event 221 2,000 hours × 3.5 (3 full time employees and time burden to issue notice regarding broker- notices and failure to file notices to the 1 half-time employee) = 7,000 hours. dealer’s obligations under the final amendments)) = 222 250 hours (total estimated burden for broker- 375 hours. dealers) + 57,250 hours (total estimated burden for 215 250 (maximum estimate of broker-dealers 217 15,000 (maximum estimate of annual filings) issuers) + 7,000 hours (total estimated burden for × impacted by the final amendments) × 1 hour = 250 45 minutes = 11,250 hours. MSRB) = 64,500 hours. The initial first-year burden hours. 218 This estimate for material event notices would be 64,625 hours: 375 hours (total estimated 216 The estimate for the number of annual filings includes the submission of material event notices burden for broker-dealers in the first year) + 57,250 includes the submission of annual financial described in Rule 15c2–12(d)(2)(ii)(B). hours (total estimated burden for issuers) + 7,000 information or operating data described in Rule 219 2,000 (maximum estimate of failure to file hours (total estimated burden for MSRB) = 64,625 15c2–12(d)(2)(ii)(A). notices) × 30 minutes = 1,000 hours. hours.

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submission of annual filings, material pages, while annual filings range from businesses, governments, organizations event notices and failure to file notices, eight to ten pages to several hundred and the public, and we expect that most particularly if they (or their agent) were pages, but average about 30 pages in issuers of municipal securities currently submitting paper copies of these length. Accordingly, the approximate have Internet access. In the event that an documents to the repositories. It is cost for an issuer to use a third party issuer does not have Internet access, we likely, however, that many issuers of vendor to scan a material event notice estimate the cost of such access to be municipal securities currently have the or failure to file notice will be $8 each, approximately $50 per month. computer equipment and software and the approximate cost to scan an Otherwise, there are multiple free or necessary to convert paper copies of average-sized annual financial statement low cost locations that an issuer can continuing disclosure documents to will be $64. We further estimate that an utilize, such as various commercial electronic copies and to electronically issuer will submit one to five continuing sites, which could help an issuer to transmit the documents to the MSRB. disclosure documents annually. We avoid the costs of maintaining For issuers that currently have such included these estimates in the continuous Internet access solely to capability, the start-up costs to provide Proposing Release and received no submit documents to the MSRB. continuing disclosure documents to the comments on them. We continue to Accordingly, the Commission MSRB will be minimal because they believe that these estimates are estimates that the costs to some issuers already possess the necessary resources appropriate. to submit continuing disclosure internally. Some issuers may have the Alternatively, an issuer that currently documents to a single repository in necessary computer equipment to does not have the appropriate electronic format includes: (1) An transmit documents electronically to the technology can elect to purchase the approximate cost of $8 per notice to use MSRB, but may need to upgrade or resources to electronically format the a third party vendor to scan a material obtain the software necessary to submit disclosure documents on its own.223 We event notice or failure to file notice, and documents to the MSRB in the estimate that an issuer’s initial cost to an approximate cost of $64 to use a electronic format that it prescribes. For acquire these technology resources third party vendor to scan an average- these issuers, the start-up costs will be could range from $750 to $4,300.224 sized annual financial statement; (2) an the costs of upgrading or acquiring the Some issuers may have the necessary approximate cost ranging from $750 to necessary software. Issuers that hardware to transmit documents $4,300 to acquire technology resources presently do not provide their annual electronically to the MSRB, but may to convert continuing disclosure filings, material event notices and/or need to upgrade or obtain the software documents into an electronic format; (3) failure to file notices in an electronic necessary to submit documents to the an approximate cost ranging from $50 to format and that are currently sending MSRB in the electronic format that it $300 solely to upgrade or acquire the paper copies of their documents to the prescribes. We estimate that an issuer’s software to submit documents in an repositories pursuant to their continuing cost to update or acquire this software electronic format; and (4) approximately disclosure agreements (or only can range from $50 to $300.225 We $50 per month to acquire Internet providing disclosures upon request) included these estimates in the access. may incur some costs to obtain Proposing Release and received no For an issuer that does not have electronic copies of such documents if comments on them. We continue to Internet access and elects to have a third they are prepared by a third party (e.g., believe that these estimates are party convert continuing disclosure accountant or attorney) or, alternatively, appropriate. documents into an electronic format to have a paper copy converted into an In addition, issuers without direct (‘‘Category 1 issuers’’), the total electronic format. These costs can vary Internet access may incur some costs to maximum external estimated cost such depending on how the issuer elects to obtain such access to submit the issuer will incur is $752 per year.226 For convert its continuing disclosure documents. However, Internet access is an issuer that does not have Internet documents into an electronic format. An now broadly available to and utilized by access and elects to acquire the issuer may elect to have a third-party technological resources to convert 223 Generally, the technology resources necessary vendor transfer its paper continuing to transfer a paper document into an electronic continuing disclosure documents into disclosure documents into the format are a computer, scanner and possibly an electronic format internally appropriate electronic format. An issuer software to convert the scanned document into the (‘‘Category 2 issuers’’), the total also may decide to undertake the work appropriate electronic document format. Most maximum external estimated cost such scanners include a software package that is capable internally, and its costs will vary of converting scanned images into multiple issuer will incur is $4,900 for the first 227 depending on the issuer’s current electronic document formats. An issuer will need year and $600 per year thereafter. As technology resources. to purchase software only if the issuer (1) has a The cost for an issuer to have a third- scanner that does not include a software package 226 [$64 (cost to have third party convert annual that is capable of converting scanned images into filing into an electronic format) × 2 (maximum party vendor transfer its paper the appropriate electronic format, or (2) purchases estimated number of annual filings filed per year continuing disclosure documents into a scanner that does not include a software package per issuer)] + [$8 (cost to have third party convert an appropriate electronic format can capable of converting documents into the material event notice or failure to file notice into vary depending on what resources are appropriate electronic format. an electronic format) × 3 (maximum estimated 224 The estimated cost for an issuer to upgrade or number of material event or failure to file notices required to transfer the documents into acquire the necessary technology to transfer its filed per year per issuer)] + [$50 (estimated monthly the appropriate electronic format. One paper continuing disclosure documents into an Internet charge) × 12 months] = $752. We estimate example of such a transfer is the electronic format is based on the following that an issuer would file one to five continuing scanning of paper-based continuing estimates for purchasing the necessary equipment disclosure documents per year. These documents from a commercial vendor: (1) $500 to $3,000 for generally consist of no more than two annual filings disclosure documents into an electronic a computer; (2) $200 to $1,000 for a scanner; and and three material event or failure to file notices. format. We estimate that the cost for an (3) $50 to $300 for software to submit documents 227 [$4,300 (maximum estimated one-time cost to issuer to have a third-party vendor scan in an electronic format. acquire technology to convert continuing disclosure documents will be $6 for the first page 225 Issuers that need solely to upgrade existing documents into an electronic format)] + [$50 software may incur costs closer to the lower end of (estimated monthly Internet charge) × 12 months] and $2 for each page thereafter. We this estimate, while those issuers that need to = $4,900. After the initial year, issuers who acquire estimate that material event and failure purchase completely new software packages may the technology to convert continuing disclosure to file notices consist of one to two incur costs closer to the higher end of this estimate. Continued

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noted in the Proposing Release, the assume that they would be more likely and implement a computer-to-computer estimated total cost for issuers, if they to choose the lower cost option, i.e., interface with the MSRB, it is unlikely all were classified as Category 1 issuers, Category 1 with an estimated annual that issuers will elect to proceed with is $7,520,000 per year, and the cost of $7,520,000. To be conservative this approach given the availability of estimated total cost for issuers, if they for purposes of the PRA, however, the less expensive alternatives to submitting all were classified as Category 2 issuers, Commission estimates that the annual continuing disclosure documents is $49,000,000 for the first year and costs for those issuers that need to electronically to the MSRB. However, $6,000,000 per year thereafter.228 We acquire technology resources to submit some issuers may choose to submit their included these cost estimates in the documents to the MSRB will be continuing disclosure documents to the Proposing Release and received no approximately $9,800,000 230 for the MSRB through a designated agent. A comments on them. first year after the adoption of the final designated agent may submit continuing After further consideration, we amendments and approximately disclosure documents along with believe that the actual total costs that $1,200,000 231 for each year thereafter. identifying information to the MSRB on are likely to be incurred by issuers to Alternatively, an issuer may elect to behalf of numerous issuers. Depending convert continuing disclosure use the services of a designated agent to on its business model, a designated documents into an electronic format submit continuing disclosure agent may submit continuing disclosure will be less than the estimated documents to the MSRB. As noted documents along with identifying maximum external costs described above, we believe that approximately information to the MSRB via the above. We note that these total annual 30% of municipal issuers that submit Internet or through a direct computer-to- cost estimates are based on the continuing disclosure documents today computer interface. In either case, the assumption that all issuers subject to rely on the services of a designated issuer will incur a cost associated with continuing disclosure agreements would agent. Generally, when issuers utilize the designated agent’s electronic have to acquire technology resources the services of a designated agent, they submission of the pertinent continuing necessary to submit continuing enter into a contract with the designated disclosure document and any disclosure documents in an electronic agent for a package of services, identifying information to the MSRB. format to the MSRB. In the Proposing including the submission of continuing We estimate that this cost is Release, we noted our belief that this disclosure documents, for a single fee. approximately $16 per continuing was a conservative estimate, and that in As noted in the Proposing Release, it is disclosure document.233 We continue to all likelihood, many issuers either anticipated that five of the largest believe that this estimate is appropriate. currently submit continuing disclosure designated agents will submit documents in an electronic format or documents electronically to the MSRB 2. MSRB currently have the necessary technology via a direct computer-to-computer The MSRB will incur costs to develop resources to submit continuing interface. We estimate that the start-up the computer system to allow it to disclosure documents in an electronic cost for an entity to develop a direct collect, store, process, retrieve, and format. computer-to-computer interface with make available continuing disclosure In this regard, we noted in the the MSRB will range from documents furnished to it by issuers of Proposing Release that approximately approximately $69,360 to $138,720.232 municipal securities. The MSRB’s start- 30% of issuers currently utilize the Thus, the maximum estimated total up costs associated with developing the services of a designated filing agent to start-up cost of developing a direct portal for continuing disclosure submit documents electronically to computer-to-computer interface by each documents, including hardware, an NRMSIRs. Moreover, all NRMSIRs of the five designated agents for the additional hosting site, and software currently allow electronic filing of submission of continuing disclosure licensing and acquisition costs, is continuing disclosure documents. We documents to the MSRB is $693,600. estimated to be approximately further note that it was reported in 2002 The Commission included these cost $1,000,000. In addition, the MSRB’s that approximately 89% of all estimates in the Proposing Release and annual operating costs for this system, municipal governments in New York, received no comments on them. The excluding salary and other costs related Pennsylvania and West Virginia had Commission continues to believe that to employees, is estimated to be access to computer technology and used these estimates are appropriate. approximately $350,000. Accordingly, it in their operations.229 The Commission believes that, in we estimate that the total costs for the Finally, even if all issuers currently light of the estimated cost to develop MSRB is $1,350,000 for the first year lack the necessary technology, we and $350,000 per year thereafter, 230 2,000 (Category 2 issuers) × $4,900 = exclusive of salary and other costs $9,800,000. This estimate assumes 20% of issuers documents into an electronic format internally only related to employees.234 The will have the cost of securing Internet access. $50 incur Category 2 costs at $4,900 per issuer. To be (estimated monthly Internet charge) × 12 months = conservative, we are using a number approximately $600. double the percentage of issuers estimated in the 233 This estimate includes the cost of having the 228 Total cost for Category 1 issuers: 10,000 Journal of Extension article. We acknowledge that designated agent’s compliance clerk submit issuers × $752 (annual cost per issuer to have a this estimate yields a sum greater than the total electronically the pertinent continuing disclosure third party convert continuing disclosure Category 1 cost. document and any identifying information to the documents into an electronic format and for 231 2,000 (Category 2 issuers) × $600 = $1,200,000. MSRB. 15 minutes (.25 hours) (estimated time per Internet access) = $7,520,000. Total cost for 232 As noted in the Proposing Release, the MSRB document to gather identifying information) × $62 Category 2 issuers: 10,000 issuers × $4,900 (one- estimated that it would take an entity (hourly wage for a compliance clerk) = $15.50 time cost to acquire technology to convert approximately 240 to 480 hours of computer (approximately $16). The $62 per hour estimate for continuing disclosure documents into an electronic programming to develop the computer-to-computer a compliance clerk is from SIFMA’s Office Salaries format and annual cost for Internet access) = interface with the MSRB. $289 (hourly wage for a in the Securities Industry 2007, modified to account $49,000,000. 10,000 issuers × $600 (annual cost per senior programmer) × 240 hours = $69,360. $289 for an 1,800-hour work-year and multiplied by 2.93 issuer for Internet access) = $6,000,000. (hourly wage for a senior programmer) × 480 hours to account for bonuses, firm size, employee benefits 229 See Timothy M. Kelsey, Michael J. Dougherty = $138,720. The $289 per hour estimate for a senior and overhead. and Michael Hattery, Information Technology Use programmer is from SIFMA’s Office Salaries in the 234 $1,000,000 (cost to establish computer system) by Local Governments in the Northeast: Assessment Securities Industry 2007, modified by Commission + $350,000 (annual operation costs for computer and Needs, 40 Journal of Extension 5, October 2002 staff to account for an 1,800-hour work-year and system, excluding salary and other related costs for (available at http://www.joe.org/joe/2002october/ multiplied by 5.35 to account for bonuses, firm size, employees) = $1,350,000 (first year cost to MSRB). a4.shtml) (‘‘Journal of Extension’’). employee benefits and overhead. After the first year, the only cost would be the

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Commission included these cost documents to the MSRB.236 The other market participants; 240 (4) estimates in the Proposing Release and Commission believes that providing for assisting broker-dealers and mutual did not receive any comments on them. a single repository that receives funds in meeting their regulatory The Commission continues to believe submissions in an electronic format, obligations; 241 and (5) reducing the that these estimates are appropriate. rather than multiple repositories, will potential for fraudulent activities.242 In addition, commenters noted that the F. Retention Period of Recordkeeping encourage a more efficient and effective submission of municipal disclosure Requirements process for the collection and availability of continuing disclosure information in an electronic format with The final amendments to the Rule do information. In the Commission’s view, indexing information would: (1) Make not contain any recordkeeping a single electronic point of collection finding and using municipal disclosure requirements. However, as an SRO and accessibility of continuing information easier for investors and subject to Rule 17a–1 under the disclosure documents can assist issuers other municipal market participants; 243 Exchange Act,235 the MSRB is required and obligated persons in complying and (2) help facilitate the creation of to retain records of the collection of with their undertakings. Submission of new value-added services by municipal information for a period of not less than continuing disclosure documents to one disclosure vendors.244 five years, the first two years in an repository only rather than multiple As described more fully in section IV. easily accessible place. repositories will reduce the resources above, we estimate that the ongoing annual information collection burden G. Collection of Information Is issuers and obligated persons need to under the adopted amendments will be Mandatory devote to the process of gathering and submitting continuing disclosure 64,500 hours.245 This represents a The collection of information documents. Because the final reduction of 59,350 burden hours from pursuant to the Rule, as amended, is a amendments will provide for the the immediately preceding collection of 246 mandatory collection of information. electronic submission and availability of information. This overall reduction H. Responses to Collection of continuing disclosure documents, the in the Rule’s paperwork burden—and Information Will Not Be Kept costs to issuers and obligated persons of the costs associated with that burden— Confidential gathering and submitting this principally will benefit issuers or information ultimately could be reduced obligated persons. The collection of information because these entities no longer will The Commission also believes that pursuant to the Rule, as amended, will having a single repository that receives not be confidential and will be publicly have to gather and submit documents in a paper format. and makes available submissions in an available. electronic format will provide ready and Most commenters were supportive of prompt access to this information by V. Costs and Benefits of Proposed the proposed amendments and believed Amendments to Rule 15c2–12 investors and municipal securities that a single repository for the market participants. Investors and In the Proposing Release the collection, storage, and dissemination of market participants will be able to go Commission considered certain costs continuing disclosure documents would solely to one location to retrieve and benefits of the amendments to Rule greatly benefit investors and other continuing disclosure documents rather 15c2–12. As noted below, the municipal market participants.237 than having to approach multiple Commission received a few general Commenters indicated that the benefits locations, thereby allowing for a more comments relating to the costs or of the proposed amendments include: convenient means to obtain such benefits of the proposed amendments. (1) Increased transparency of municipal information. In addition, we believe that As discussed below, the Commission is securities disclosure; 238 (2) simplifying having one repository that electronically refining its cost analysis relating to the and improving the efficiency of filing collects and makes available all costs that issuers could incur to obtain municipal disclosure information; 239 (3) continuing disclosure documents will technology resources. Other than this improved accessibility to municipal increase the likelihood that investors cost revision, the Commission is not disclosure information for investors and and other market participants will modifying its costs and benefits analysis obtain more complete information about from that presented in the Proposing 236 Under the adopted amendments to paragraph municipal securities, thereby decreasing Release. (d)(2)(ii) of the Rule, a Participating Underwriter the potential for fraud. would be exempt from its obligations under We expect that a single repository that A. Benefits paragraph (b)(5) of the Rule as long as an issuer or obligated person has agreed in its limited receives submissions in an electronic Under the Rule, as amended, a undertaking that the publicly available financial format could simplify compliance with Participating Underwriter will be information or operating data described in regulatory requirements by broker- prohibited from purchasing or selling paragraph (d)(2)(ii)(A) of the Rule would be dealers and others, such as mutual municipal securities covered by the submitted to the MSRB annually, instead of upon request to any person or at least annually to the funds, by providing them with Rule in a primary offering, unless it has appropriate SID, if any, and that the material event consistent availability of continuing reasonably determined that the issuer of notices described in paragraph (d)(2)(ii)(B) of the disclosure documents from a single a municipal security has undertaken in Rule would be submitted to the MSRB, instead of to each NRMSIR or the MSRB and to the a continuing disclosure agreement to 240 appropriate SID, if any, and as long as the other See SIFMA Letter, at 2, NASACT Letter, at 1, provide continuing disclosure conditions of the exemption are met. and ICI Letter, at 3. 241 237 See GFOA Letter, Vanguard Letter, SIFMA See SIFMA Letter, at 2, and ICI Letter, at 3. 242 annual operation cost of $350,000. These costs do Letter, MSRB Letter, Treasurer of the State of See ICI Letter, at 3. not include the salary and other overhead costs Connecticut Letter, IAA Letter, NASACT Letter, 243 See ICI Letter, at 3, and IAA Letter, at 3. related to the employees who would maintain the EDGAR Online Letter, NFMA Letter, NAHEFFA 244 See Multiple-Markets Letter, at 2. system. The Proposing Release noted that MSRB Letter, ICI Letter, Texas Mac Letter, and Multiple- 245 The estimated annual information collection staff advised Commission staff that the personnel Markets Letter. burden for the first year under the final costs associated with operating the portal for 238 See Treasurer of the State of Connecticut amendments is 64,625 hours. continuing disclosure documents will be Letter, at 1, and IAA Letter, at 1. 246 For the first year, there is a reduction of 59,225 approximately $400,000 per year. 239 See Texas MAC Letter, at 1, and IAA Letter, burden hours relative to the immediately preceding 235 17 CFR 240.17a–1. at 2. collection of information.

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source. Information vendors (including associated with having an in-house an electronic format and were sending those NRMSIRs and SIDs that had been compliance attorney prepare and issue a paper copies of their documents to the information repositories for Rule 15c2– memorandum advising the broker- NRMSIRs pursuant to their continuing 12 purposes) and others also will have dealer’s employees who work on disclosure agreements may incur some ready access to all continuing disclosure primary offerings of municipal costs to obtain electronic copies of such documents that they in turn can use in securities about the amendments to Rule documents from the party who prepared any value-added products that they 15c2–12. Our estimate is that it will take them or, alternatively, to have a paper create. The Commission also expects internal counsel approximately 30 copy converted into an electronic that having a single repository that minutes to prepare this memorandum, format. These costs will vary depending receives submissions in an electronic for a cost of approximately $135.248 on how the issuer elects to convert their format will make municipal disclosure We believe that the ongoing continuing disclosure documents into information more accessible for all obligations of broker-dealers under the an electronic format. An issuer can elect municipal market participants. Rule will be handled internally because to have a third-party vendor transfer Moreover, providing for a single compliance with these obligations is their paper continuing disclosure repository may reduce the paperwork consistent with the type of work that a documents into the appropriate and other costs that NRMSIRs currently broker-dealer typically handles electronic format. An issuer also can incur because they no longer will have internally. We do not believe that a decide to undertake the work internally, to maintain personnel and other broker-dealer will have any recurring and its costs will vary depending on the resources solely in connection with external costs associated with the issuer’s technology resources. An issuer their status as a NRMSIR. Also, the amendments to the Rule. also will need to have Internet access to Commission believes that the proposed The Commission received one submit documents electronically and amendments may encourage the comment letter regarding the obligations will incur the costs of maintaining such dissemination of information in the of a broker-dealer under the revised service, if the issuer currently does not information services markets by Rule, particularly with respect to its have Internet access, unless it relies on providing easier access to continuing reasonably determining that the issuer other sources of Internet access. disclosure documents. As a result, there or obligated person has contractually It is likely, however, that most issuers potentially may be an increase in the agreed to provide identifying of municipal securities currently number of information vendors information as prescribed by the possess the computer equipment and disseminating continuing disclosure MSRB.249 This commenter stated that software necessary to convert paper documents and offering value-added this requirement would not be copies of continuing disclosure products because the cost of entry into unreasonably burdensome on broker- documents to electronic copies and to the municipal securities information dealers that are Participating electronically transmit the documents to services market may be reduced. Underwriters. The Commission the MSRB. For issuers that currently included in the Proposing Release the have such capability, the start-up costs B. Costs foregoing cost estimate regarding a to provide continuing disclosure The Commission does not expect broker-dealer’s obligations under the documents to the MSRB will be broker-dealers to incur any additional Rule, as amended, and received no minimal because they already will have recurring costs as a result of the Rule comments regarding this cost estimates. the necessary resources internally. 15c2–12 amendments, because the Although Rule 15c2–12 relates to the As described more fully in section IV. amendments will not alter substantively obligations of broker-dealers, issuers or above, we estimate that the costs to the existing Rule’s requirements for obligated persons indirectly could incur some issuers to submit continuing these entities, except with respect to the costs as a result of the adopted disclosure documents to the MSRB in place to which issuers would agree to amendments. In connection with an electronic format may include: (1) An make filings. The final amendments will today’s amendments, issuers of approximate cost of $8 per notice to use change the location where the municipal securities will undertake in a third party vendor to scan a material continuing disclosure documents of their continuing disclosure agreements event notice or failure to file notice, and issuers or obligated persons will be to provide continuing disclosure an approximate cost of $64 to use a submitted pursuant to continuing documents to the MSRB, either directly third party vendor to scan an average- disclosure agreements. As noted above, or indirectly through an indenture sized annual financial statement; (2) an we estimate that the annual information trustee or a designated agent. In either approximate cost ranging from $750 and collection burden for each broker-dealer case, some issuers may be subject to the $4,300 to acquire technology resources under the Rule will be one hour. This costs associated with the electronic to convert continuing disclosure annual burden is identical to the burden filing of annual filings, material event documents into an electronic format; (3) that a broker-dealer previously had notices and failure to file notices, approximately $50 to $300 to upgrade or under the Rule. Accordingly, we particularly if they (or their agent) were acquire the software to submit estimate that it will cost each broker- submitting paper copies of these documents in an electronic format; (4) dealer $270 annually to comply with the documents to the NRMSIRs. For those approximately $50 per month to acquire Rule, as amended.247 issuers that delivered their continuing Internet access; and (5) an approximate We further estimate that a broker- disclosure documents electronically to cost of $16 per continuing disclosure dealer may have a one-time internal cost the NRMSIRs, there is expected to be document to have a designated agent minimal change in costs as a result of submit electronically continuing 247 1 hour (estimated annual information disclosure documents and identifying collection burden for each broker-dealer) × $270 the Rule’s new requirement that (hourly cost for a broker-dealer’s internal documents be submitted electronically. information to the MSRB. As noted in compliance attorney) = $270. The hourly rate for Issuers that had not been providing the Proposing Release, for an issuer that the compliance attorney is from SIFMA’s their annual filings, material event does not have Internet access and elects Management & Professional Earnings in the notices and/or failure to file notices in to have a third party convert continuing Securities Industry 2007, modified to account for an 1,800-hour work-year and multiplied by 5.35 to disclosure documents into an electronic account for bonuses, firm size, employee benefits 248 See Section IV.D.1., supra. format, the maximum external estimated and overhead. 249 See SIFMA Letter, at 3. cost such issuer will incur is $752 per

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year.250 As noted in the Proposing to acquire technology resources to the costs of submitting documents Release, for an issuer that does not have submit documents to the MSRB will be under the proposal could be greater for Internet access and elects to acquire the approximately $9,800,000 253 for the larger issuers. Although no commenters technological resources to convert first year after the adoption of the final took issue with any of the specific cost continuing disclosure documents into amendments and approximately estimates set forth in the Proposing an electronic format internally, the $1,200,000 254 for each year thereafter. Release, two commenters discussed maximum external estimated cost such Also, as more fully described in generally the potential costs of aspects issuer will incur is $4,900 for the first section IV. above, the total estimated of the proposed amendments, year and $600 per year thereafter.251 As cost of five designated agents to develop particularly with respect to smaller noted in the Proposing Release, the computer-to-computer interfaces for the issuers.256 One of these commenters estimated total cost for issuers, if they submission of documents to the MSRB noted that small issuers relying on the all were classified as Category 1 issuers, is $693,600. The Commission included exemption contained in paragraph (d)(2) is $7,520,000 per year, and the this cost estimate in the Proposing of the Rule would incur increased costs estimated total cost for issuers, if they Release and received no comments associated with the electronic filing of all were classified as Category 2 issuers, regarding it. The Commission continues the information set forth in the is $49,000,000 for the first year and to believe that this estimate is exemption.257 Prior to today’s $6,000,000 per year thereafter.252 We appropriate. amendments, the exemption in included these cost estimates in the Issuers or obligated persons also will paragraph (d)(2) of the Rule would not Proposing Release and received no have to provide certain identifying apply to a primary offering if, among comments on them. In the Proposing information to the repository pursuant other conditions, the issuer or obligated Release, the Commission indicated that to their undertakings in continuing person has undertaken in a written we believe that most issuers either disclosure agreements. As described agreement or contract to provide currently submit continuing disclosure more fully in section IV. above, we financial information or operating data documents in an electronic format, or estimate that each issuer will submit regarding each obligated person for currently have the necessary technology one to five continuing disclosure which financial information or resources to submit continuing documents annually to the MSRB, for a operating data is presented in the final disclosure documents in an electronic maximum estimated annual labor cost official statement, including financial format. Accordingly, we believe that the of approximately $232.50 per issuer,255 information and operating data which is actual total costs that will be incurred which equates to a total maximum customarily prepared by such obligated by issuers to convert continuing annual cost of $2,325,000 for all issuers person and is publicly available, upon disclosure documents into an electronic ($232.50 × 10,000 issuers). The request to any person or at least format will be less than the estimated Commission included these cost annually to the appropriate SID.258 After maximum external costs described estimates for issuers in the Proposing today’s amendments, Participating above and discussed more fully in Release and received no comments Underwriters seeking to utilize the section IV. above. regarding these estimates. The exemption will need to reasonably The Commission estimates that the Commission continues to believe that determine that such issuer or obligated annual costs for those issuers that need these estimates are appropriate. person has undertaken to provide such The Commission expects that the information to the MSRB annually. The 250 [$64 (cost to have third party convert annual costs to issuers may vary somewhat, amendment to paragraph (d)(2) of the filing into an electronic format) × 2 (maximum Rule does not affect the nature of a estimated number of annual filings filed per year depending on the issuer’s size. In the per issuer)] + [$8 (cost to have third party convert Proposing Release, we noted our belief Participating Underwriter’s obligation to material event notice or failure to file notice into that any such difference would be reasonably determine that a small issuer × an electronic format) 3 (maximum estimated attributable to the fact that larger issuers has undertaken to deliver continuing number of material event or failure to file notices disclosure documents to fulfill the filed per year per issuer)] + [$50 (estimated monthly may tend to have more issuances of Internet charge) × 12 months] = $752. We estimate municipal securities; thus, larger issuers conditions of the exemption; rather, it that an issuer would file one to five continuing may tend to submit more documents affects what the Participating disclosure documents per year. These documents than smaller issuers. We indicated that Underwriter needs to determine generally consist of no more than two annual filings regarding the undertaking with respect and three material event or failure to file notices. 251 [$4,300 (maximum estimated one-time cost to 253 2,000 (Category 2 issuers) × $4,900 = to the location where such documents acquire technology to convert continuing disclosure $9,800,000. This estimate assumes 20% of issuers are to be sent. Specifically, the final documents into an electronic format)] + [$50 incur Category 2 costs at $4,900 per issuer. To be amendments do not revise the provision (estimated monthly Internet charge) × 12 months] conservative, we are using a number approximately limiting the commitment to provide = $4,900. After the initial year, issuers who acquire double the percentage of issuers estimated in the annual financial or operating data only the technology to convert continuing disclosure Journal of Extension article. We acknowledge that documents into an electronic format internally only this estimate yields a sum greater than the total if such information is customarily will have the cost of securing Internet access. $50 Category 1 cost. prepared by such obligated person and (estimated monthly Internet charge) × 12 months = 254 2,000 (Category 2 issuers) × $600 = $1,200,000. is publicly available. We recognize that $600. 255 5 (maximum estimated number of continuing one effect of the amendments will be 252 Total cost for Category 1 issuers: 10,000 disclosure filed per year per issuer) × $62 (hourly issuers × $752 (annual cost per issuer to have a wage for a compliance clerk) × 45 minutes (.75 that some small issuers will submit third party convert continuing disclosure hours) (average estimated time for compliance clerk annual financial information and documents into an electronic format and for to submit a continuing disclosure document operating data to the MSRB when Internet access) = $7,520,000. Total cost for electronically) = $232.50. The $62 per hour estimate currently they do not regularly submit Category 2 issuers: 10,000 issuers × $4,900 (one- for a compliance clerk is from SIFMA’s Office time cost to acquire technology to convert Salaries in the Securities Industry 2007, modified such disclosures to any repository. We continuing disclosure documents into an electronic to account for an 1,800-hour work-year and do not believe that electronically format and annual cost for Internet access) = multiplied by 2.93 to account for bonuses, firm size, formatting information a small issuer $49,000,000. 10,000 issuers × $600 (annual cost per employee benefits and overhead. In order to already has and makes publicly issuer for Internet access) = $6,000,000. To provide provide an estimate of total costs for issuers that an estimate of the total costs to issuers that would would not be under-inclusive, the Commission not be under-inclusive, we assumed that all 10,000 elected to use the higher end of the estimate of 256 See NABL Letter, at 2, and GFOA Letter, at 2. issuers are Category 1 issuers and Category 2 annual submissions of continuing disclosure 257 See NABL Letter, at 2. issuers. documents. 258 17 CFR 240.15c2–12(d)(2)(ii)(A).

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available will be a significant burden. In these estimates and continue to believe SID, if any, that may be required under addition, we do not believe that the that they are appropriate. the appropriate state law. In addition, final amendments would result in small Some NRMSIRs and other vendors of the final amendments will have no issuers providing voluminous filings. municipal disclosure information may effect on the obligations of issuers and Further, the costs that these issuers incur costs in transitioning their obligated persons under outstanding could incur to send documents business models as a result of the final continuing disclosure agreements electronically to the MSRB are included amendments that call for the MSRB to entered into prior to the effective date in the cost estimates for issuers serve as the single repository for of today’s amendments to the Rule, to discussed above. The only difference continuing disclosure documents. In the submit continuing disclosure between the prior provision and the Proposing Release, we noted that any documents to the appropriate SID, if NRMSIR that provided municipal amended Rule is that, while issuers any, as stated in their existing disclosure documents as its primary previously provided such information continuing disclosure agreements, nor and data upon request, they now must business model could face a significant on their obligation to make any other provide it to the MSRB annually. The decline in its business, and thus in submissions that may be required under other commenter noted that some income, as a result of the proposed smaller issuers may have to purchase amendments, as well as the possible the appropriate state law. SIDs are new software to submit electronic withdrawal of the ‘‘no action’’ letters membership organizations and use documents, but it further stated that the issued to the NRMSIRs and the information submitted to them in overall savings that an electronic-based designation of the MSRB as the sole products for their members. While SIDs repository will provide will benefit state NRMSIR for existing continuing can charge fees for requested and local governments and disclosure agreements. As a result, the documents, we do not believe that this authorities.259 NRMSIRs could experience an is a primary source of revenue for them. Further, the Commission does not immediate decline in income with As discussed above, the Commission anticipate that issuers will incur any respect to those parts of their business received a number of comments costs associated with the need to revise that provide municipal disclosure regarding the proposed removal of the template for continuing disclosure documents to persons who request references to SIDs from the Rule.264 agreements. The Proposing Release them. We also noted that NRMSIRs However, none of these comments noted that, based on conversations could have some costs if they continued included any discussions of the cost between Commission staff and NABL to maintain historical continuing implications of removing references to staff, NABL members advised that the disclosure information that they have SIDs from the Rule. In the Proposing cost of revising the template for already received under existing Release, the Commission indicated that continuing disclosure agreements to continuing disclosure agreements. Two it does not expect that SIDs will reflect the rule amendments will be commenters that are NRMSIRs experience a decline in operations or insignificant and thus unlikely to be submitted comment letters opposing the incur any costs as a result of the 261 passed on to issuers. We received no proposed amendments. One of these proposed amendments. The comments regarding this estimate and commenters acknowledged generally Commission received no comments that the proposed amendments could continue to believe that it is regarding this statement and we affect its business model.262 However, appropriate. continue to believe that this statement is As discussed in section IV. above, the neither of these commenters provided appropriate. MSRB will incur costs to develop the any specific cost estimates of the impact computer system to allow it to collect, of the proposed amendments on their In summary, the Commission store, process, retrieve, and make operations. In addition, one potential estimates that the total annual cost for available continuing disclosure consequence of the final amendments is all respondents in the first year, under documents furnished to it by issuers of that there could be fewer value-added the amended Rule, is approximately municipal securities. We stated in the products available to investors, market $14,602,350.265 The Commission also Proposing Release that the MSRB’s start- participants and others, and the estimates that the total annual cost for up costs associated with developing the potential reduction in such products is all respondents after the first year, portal for continuing disclosure not quantifiable.263 The Commission under the amended Rule, is documents, including hardware, an included a discussion of the potential approximately $4,275,000.266 additional hosting site, and software costs for NRMSIRs under the amended licensing and acquisition costs, will be Rule in the Proposing Release and approximately $1,000,000; that the received no specific comments MSRB’s ongoing costs of operating the addressing these costs. The Commission 264 See GFOA Letter, SIFMA Letter, Texas MAC system, including allocated costs believes that the potential costs Letter, OMAC Letter, and Multiple-Markets Letter. associated with such items as office discussed in the Proposing Release are 265 ($33,750 (estimated annual cost for broker- space and licensing fees, will be still appropriate. dealers in year one) + (($9,800,000 (estimated approximately $1,350,000 for the first Finally, under the final amendments, annual cost for issuers to acquire technology year and $350,000 per year thereafter; Rule 15c2–12 no longer will refer to resources) + $2,325,000 (estimated annual cost for SIDs. The rule amendments will not all issuers’ labor hours) + $693,600 (estimated one- and that the MSRB’s personnel costs time cost for development of designated agents associated with operating the portal for affect the legal obligations of issuers or computer interface)) total estimated annual costs for continuing disclosure documents will obligated persons to provide continuing issuers in year one) + $1,750,000 (maximum be approximately $400,000 per year.260 disclosure documents, along with any estimated annual cost for the MSRB in year one)) We received no comments regarding other submissions, to the appropriate = $14,602,350. 266 ($1,200,000 (estimated annual cost for issuers 259 See GFOA Letter, at 2. 261 See DPC Data Letter and SPSE Letter. to convert documents into an electronic format) + 260 This figure represents the estimated personnel 262 See DPC Data Letter at 1. $2,325,000 (estimated annual cost for all issuers’ costs associated with the MSRB’s devoting three 263 See Section VI. infra for a discussion of the labor hours)) estimated annual costs for issuers) + and one-half persons to the operation of the competitive impact of the amendments on the $750,000 (maximum estimated annual cost for the continuing disclosure portal. NRMSIRs. MSRB)) = $4,275,000.

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VI. Consideration of Burden and 1989 and adopted the 1994 amendments will foster a more efficient Promotion of Efficiency, Competition, Amendments, disclosure documents means of municipal disclosure and, as and Capital Formation were submitted in paper form. The a result, the Commission is approving Section 3(f) of the Exchange Act 267 Commission believed that, in such an the adoption of the proposed requires the Commission, whenever it environment where document retrieval amendments to Rule 15c2–12. would be handled manually, the With respect to the Exchange Act goal engages in rulemaking and is required to establishment of one or more of promoting competition, the consider or determine whether an action repositories could be beneficial in Commission notes that, when we is necessary or appropriate in the public widening the retrieval and availability adopted Rule 15c2–12 in 1989, we interest, to consider whether the action of information in the secondary market, strongly supported the development of would promote efficiency, competition, since the public could obtain the one or more central repositories for and capital formation. In addition, disclosure documents from multiple municipal disclosure documents.271 The section 23(a)(2) of the Exchange Act 268 locations. The Commission’s objective Commission ‘‘recognize[d] the benefits requires the Commission, when of deterring the potential for fraud by that may accrue from the creation of adopting rules under the Exchange Act, facilitating greater availability of competing private repositories,’’ and to consider the impact such rules would municipal securities information indicated that ‘‘the creation of central have on competition. Section 23(a)(2) of remains unchanged. sources for municipal offering the Exchange Act also prohibits the However, there have been significant documents is an important first step that Commission from adopting any rule that inefficiencies in the current use of may eventually encourage widespread would impose a burden on competition multiple repositories that likely have use of repositories to disseminate not necessary or appropriate in affected the public’s ability to retrieve annual reports and other current furtherance of the purposes of the continuing disclosure documents.269 In information about issuers to the Exchange Act. this regard, the Commission noted in secondary markets.’’ 272 Further, when In the Proposing Release, we the 1989 Adopting Release that ‘‘the we adopted the 1994 Amendments, the considered the proposed amendments to creation of multiple repositories should Commission stated that the Rule 15c2–12 in light of the standards be accompanied by the development of ‘‘requirement to deliver disclosure to set forth in the above-noted Exchange an information linkage among these the NRMSIRs and the appropriate SID Act provisions. We solicited comment repositories’’ so as to afford ‘‘the widest also allay[ed] the anti-competitive on whether, if adopted, the proposed retrieval and dissemination of concerns raised by the creation of a amendments would result in any anti- information in the secondary single repository.’’ 273 competitive effects or would promote market.’’ 270 Although the Commission There have been significant advances efficiency, competition, and capital in the 1989 Adopting Release supported in technology and information formation. We asked commenters to the development of an information collection and delivery since that time, provide empirical data or other facts to linkage among the repositories, none as discussed throughout this release and support their views on any anti- was established to help broaden the the Proposing Release, that indicate that competitive effects or any burdens on availability of the disclosure having multiple repositories may not be efficiency, competition, or capital information. Also, since the adoption of necessary because the widespread formation that might result from the 1994 Amendments, there have been availability and dissemination of adoption of the proposed amendments. significant advancements in technology information can be achieved through We believe that the amendments to and information systems, including the different, more efficient, means. Because the Rule will help make the municipal use of the Internet, to provide the current environment differs securities disclosure process more information quickly and inexpensively markedly from the time when Rule efficient and help conserve resources for to market participants and investors. In 15c2–12 was adopted in 1989 and municipal security issuers, as well as for this regard, the Commission believes subsequently amended in 1994, the investors and market participants. that the use of a single repository to Commission believes that it is Under the regulatory framework that receive, in an electronic format, and appropriate to adopt an approach that existed prior to today’s amendments, make available continuing disclosure utilizes the significant technological issuers of municipal securities in their documents in an electronic format will advances, such as the development and continuing disclosure agreements substantially and effectively increase use of various electronic formats, which undertook to submit continuing the availability of municipal securities have occurred in the intervening years. disclosure documents to four separate information about municipal issues and The Commission’s adoption of NRMSIRs, and they submitted such enhance the efficiency of the secondary amendments to the Rule to provide for documents in paper or electronic form. trading market for these securities. the use of a single repository for The Commission anticipates that the In addition, we believe that having a continuing disclosure documents will final rule amendments likely will single repository for electronically help further the Exchange Act objective promote the efficiency of the municipal submitted information will provide of promoting competition because disclosure process by reducing the investors, market participants, and information about municipal securities, resources municipal security issuers others with a more efficient and provided in an electronic format, will be will need to devote to the process of convenient means to obtain continuing more widely available to market submitting continuing disclosure disclosure documents and will help professionals, investors, information documents. increase the likelihood that investors, vendors, and others as a result of the As noted above, the Commission has market participants, and others will final amendments. For example, the long been interested in reducing the make more informed investment Commission believes that competition potential for fraud in the municipal decisions regarding whether to buy, sell securities market. At the time the or hold municipal securities. The 271 See 1989 Adopting Release at 54 FR 28807, supra note 18. See also 1994 Proposing Release, Commission adopted Rule 15c2–12 in Commission believes that the final supra note 113. 272 See 1989 Adopting Release, supra note 18. See 267 15 U.S.C. 78c(f). 269 See supra note 35. also 1994 Proposing Release, supra note 113. 268 15 U.S.C. 78w(a)(2). 270 See 1989 Adopting Release, supra note 18. 273 See 1994 Amendments, supra note 21.

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among vendors may increase because disclosure lie in the quality and electronic format may encourage the vendors can utilize this information to timeliness of the information that is private information vendors to provide value-added services to filed.279 The commenter also urged the disseminate municipal securities municipal market participants. Our Commission to adopt an alternative information by reducing the cost of adoption of amendments to the Rule approach.280 Under its proposal, the entry into the information services also may promote competition in the MSRB would not be the sole repository market. Existing vendors may need to purchase and sale of municipal for municipal disclosure information.281 make some adjustments to their securities because the greater Instead, the commenter proposed infrastructure, facilities, or services availability of information, delivered having an unspecified entity serve as a offered. However, some vendors may electronically through a single central electronic post office for determine that they no longer need to repository, may instill greater investor municipal disclosure information where invest in the infrastructure and facilities confidence in the municipal securities ‘‘issuers and obligors would file necessary to collect and store market. Moreover, this greater documents through a single electronic continuing disclosure documents, and availability of information also may format’’ and such entity ‘‘would then new entrants into the market will not encourage improvement in the forward the centrally-filed documents in need to obtain the information from completeness and timeliness of issuer real time to the NRMSIRs.’’ 282 The multiple locations, but rather can disclosures and may foster interest in commenter expressed no opinion readily access such information from municipal securities by individual and regarding the identity of the entity that one centralized source. Thus, all institutional customers. As a result, should serve as the central electronic vendors are expected to be able to more investors may be attracted to this post office or how such entity would be obtain easily continuing disclosure market sector and broker-dealers may chosen.283 documents and to be able to compete in compete for their business. Although these commenters raised providing value-added services. With The Commission received two concerns about the competitive impact respect to the comment regarding the comment letters from NRMSIRs that of the proposed amendments, ‘‘quality and timeliness’’ of the raised concerns about the competitive circumstances have changed since we information issuers file, the Commission effects of the proposed amendments.274 last considered Rule 15c2–12 believes that the greater availability of The primary concerns, raised by both amendments in 1994, as discussed information which will result from the commenters, relate to the MSRB’s role throughout this release and in the final amendments to the Rule also may as the sole repository of continuing Proposing Release. The NRMSIRs did encourage improvement in the disclosure documents and the not develop a linkage, technology completeness and timeliness of competitive effects this would have on developments have occurred to make it disclosures by issuers and obligated existing vendors of municipal easier to access information; and access persons and may foster interest in disclosure information. One of these to municipal information remains costly municipal securities by retail and commenters stated that the and not easy to obtain for many institutional customers. Commission’s proposal ‘‘would allow individuals. For these reasons, we We previously stated that we would the MSRB to impose restrictions on believe that there should be one specifically consider the competitive municipal issuers and obligated persons repository. We continue to believe that implications of the MSRB becoming a by limiting the filings to a single, one of the benefits in having the MSRB repository.285 In addition, we stated that electronic format.’’ 275 In addition, this as the sole repository will be the if we were to conclude that the MSRB’s commenter noted that the Commission’s MSRB’s ability to provide a ready status as a repository might have proposal would place the MSRB ‘‘in source of continuing disclosure adverse competitive implications, we direct competition with commercial documents to other information vendors would consider whether we should take vendors who have served the market as who wish to use that information for any action to address these effects.286 As practical implementers of Rule 15c2–12 their products. Private vendors can noted earlier, we recognize that without any subsidy for more than a utilize the MSRB in its capacity as a competition with respect to certain decade.’’ 276 The other commenter repository as a means to collect information services regarding expressed similar sentiments and cited information from the continuing municipal securities that are provided to the Commission’s statements in disclosure documents to create value- by the existing NRMSIRs may decline adopting Rule 15c2–12 in 1989 and added products for their customers.284 should the MSRB become the central amendments to the Rule in 1994, which Commercial vendors will be able to repository. The two commenters that discussed possible anti-competitive readily access the information made raised competitive concerns suggested concerns over the creation of a single available by the MSRB to re-disseminate that a decrease in competition could repository.277 This commenter noted its it or use it in whatever value-added occur as a result of the Commission’s view that eliminating the NRMSIR products they may wish to provide. In rulemaking.287 We continue to believe function would upset the balance fact, a single repository in which that one of the benefits in having the between its current business model and documents are submitted in an MSRB as the sole repository will be the have an impact on its ability to provide MSRB’s ability to provide a ready value-added products and services.278 It 279 See SPSE Letter, at 7–8. source of continuing disclosure 280 disputed the Commission’s view that See SPSE Letter, at 3–5. documents to other information vendors 281 See SPSE Letter, at 4. the potential burdens on competition 282 Id. who wish to use that information for would be justified by the proposed 283 Id. their products. Private vendors can amendments’ adoption because, in its 284 The Commission notes that both the DPC utilize the MSRB in its capacity as a view, the current issues with municipal DATA Letter and the SPSE Letter raised concerns repository as a means to collect with the potential subscription fees associated with information from the continuing having the MSRB as the single repository. The 274 See DPC DATA Letter and SPSE Letter. Commission notes that the MSRB will be required 275 See DPC DATA Letter, at 1. to file a proposed rule change with the Commission 285 See Securities Exchange Act Release No. 276 See DPC DATA Letter, at 2. pursuant to Section 19(b) of the Exchange Act 28081, supra note 131. 277 See SPSE Letter, at 5–7. regarding any subscription fees for a data stream 286 Id. 278 See SPSE Letter, at 7. that it proposes as well as any changes to those fees. 287 See DPC DATA Letter and SPSE Letter.

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disclosure documents to create value- electronic collection and availability of their states in order that issuers who added products for their customers. these documents will foster the may be required by their states to send Regarding the comment that our Exchange Act objective of promoting continuing disclosure documents to a proposal would permit the MSRB to competition by simplifying the method SID need not provide them to both the impose restrictions on municipal issuers of submission of continuing disclosure MSRB and a SID.289 They believed this and obligated persons by limiting the documents to one location and making would be more efficient for both issuers filings to a single format, we note that the documents more readily accessible and SIDs and result in more complete the MSRB must file with the to investors and others by virtue of the and consistent data availability of Commission under section 19(b) of the documents being in an electronic information from SIDs and the MSRB. Exchange Act the format it proposes to format. Furthermore, some of these commenters prescribe and any changes to that We believe that the proposed suggested that there should be no charge format. Thus, the format that the MSRB amendments may have a positive effect to SIDs to receive such a data feed.290 proposes to prescribe, and any on capital formation by municipal We agree that it is important for the subsequent changes to that format, securities issuers. The Rule is addressed document collections of the MSRB and would have to be consistent with the to the obligations of broker-dealers SIDs to be consistent to avoid uneven Exchange Act. With regard to the participating in a primary offering of access to information that could result, comments favoring a central electronic municipal securities (i.e., Participating depending on the source from which post office, as we noted above, we Underwriters). Because continuing continuing disclosure documents were believe that this approach is less likely disclosure documents will be submitted obtained. However, the specific to achieve the benefits of the proposed electronically to a single repository, operations of the MSRB’s repository, amendments. For example, with a investors and other market participants such as data feeds, are related to the central post office there would continue will be able to obtain information about MSRB’s operation of the collection to be no single location to which these issuers more readily than they system and are subject to the rule filing investors, particularly individuals, could in the past. They no longer will process under section 19(b) of the could turn for free access to information have to contact several NRMSIRs to Exchange Act and are not an issue regarding municipal securities. Instead, make sure that they have obtained before us with respect to the individuals or entities that wish to complete information about the amendments to the Rule.291 obtain such information would find it municipal issuer. Easier access to necessary first to access the central post continuing disclosure documents We note that the amendments will not office to find out what documents might regarding municipal securities may affect the legal obligations of issuers and be available from NRMSIRs and SIDs provide investors and other market obligated persons to provide continuing and then to contact one or more participants with more complete disclosure documents, along with any NRMSIRs or SIDs and pay their fees to information about municipal issuers. other submissions, to the appropriate obtain the document or documents they Moreover, this ready availability of SID, if any, that are required under the seek. This would be a less efficient continuing disclosure documents may relevant state law. In addition, the process than that contemplated by the encourage investors to consider amendments will have no effect on the final amendments, in which interested purchasing new issuances of municipal obligations of issuers and obligated persons could directly access, view and securities because they will be able to persons under outstanding continuing print for free continuing disclosure readily access information from a single disclosure agreements entered into prior documents from one place—the MSRB’s repository and review that information to any effective date of the amendments Internet site. in light of other available information to the Rule to submit continuing We do not believe that there are when making an investment decision, disclosure documents to the appropriate competitive implications that will decreasing the potential for fraud. As a SID, if any, as stated in their existing uniquely apply to the MSRB in its result, we believe that our amendments continuing disclosure agreements, nor capacity as the sole repository as to Rule 15c2–12 will help foster the on their obligation to make any other opposed to any another entity that could Exchange Act goal of capital formation. submissions that are required under the be the sole repository. In fact, we We proposed to delete references to relevant state law. Accordingly, the believe that, because the MSRB will be the SIDs in Rule 15c2–12. Since we are Commission does not believe that its the sole repository, its status as an SRO adopting amendments to the Rule that deletion of references to SIDs in Rule will provide an additional level of provide for a single repository for the 15c2–12 will have any potential effect Commission oversight, as changes to its electronic collection and availability of on efficiency, competition or capital rules relating to continuing disclosure continuing disclosure documents that formation. documents will have to be filed for are aimed at improving disclosure in the VII. Regulatory Flexibility Act Commission consideration as a municipal securities market, we believe Certification proposed rule change under section that it is no longer necessary to require 19(b) of the Exchange Act. Accordingly, in the Rule that Participating The Commission certified, under we believe that any competitive impact Underwriters reasonably determine that section 605(b) of the Regulatory that could result from the MSRB’s status issuers and obligated persons have Flexibility Act,292 that, when adopted, as the sole repository would be justified contractually agreed to provide the proposed amendments to the Rule by the benefits that such status could continuing disclosure documents to the would not have a significant economic provide. appropriate SID. impact on a substantial number of small We, therefore, believe that any Five commenters specifically entities. This certification was set forth potential effect on competition that may addressed the deletion of SIDs from the in section VIII. of the Proposing arise from the adoption of the Rule Rule.288 Most of them commented that 15c2–12 amendments is justified by the the MSRB should provide a data feed to 289 See GFOA Letter, Texas MAC Letter, OMAC more efficient and effective process for SIDs of documents related to issuers in Letter, and Multiple-Markets Letter. the collection and availability of 290 See GFOA Letter and Multiple-Markets Letter. continuing disclosure documents that 288 See GFOA Letter, SIFMA Letter, Texas MAC 291 See MSRB Approval Order, supra note 12. will result. A single repository for the Letter, OMAC Letter, and Multiple-Markets Letter. 292 5 U.S.C. 605(b).

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Release.293 The Commission solicited (ii) The time when the official written agreement or contract for the comments regarding this certification statement is available to any person benefit of holders of such municipal and received no comments. The from the Municipal Securities securities, to provide the following to Commission continues to believe this Rulemaking Board, but in no case less the Municipal Securities Rulemaking certification is appropriate. than twenty-five days following the end Board in an electronic format as of the underwriting period, the prescribed by the Municipal Securities VIII. Statutory Authority Participating Underwriter in an Offering Rulemaking Board: Pursuant to the Exchange Act, and shall send no later than the next (A) At least annually, financial particularly Sections 2, 3(b), 10, 15(c), business day, by first-class mail or other information or operating data regarding 15B and 23(a)(1) thereof, 15 U.S.C. 78b, equally prompt means, to any potential each obligated person for which 78c(b), 78j, 78o(c), 78o-4, and 78w(a)(1), customer, on request, a single copy of financial information or operating data the Commission is adopting the final official statement. is presented in the final official amendments to § 240.15c2–12 of Title (5)(i) A Participating Underwriter statement, as specified in the 17 of the Code of Federal Regulations in shall not purchase or sell municipal undertaking, which financial the manner set forth below. securities in connection with an information and operating data shall Offering unless the Participating List of Subjects in 17 CFR Part 240 include, at a minimum, that financial Underwriter has reasonably determined information and operating data which is Brokers, Reporting and recordkeeping that an issuer of municipal securities, or customarily prepared by such obligated requirements, Securities. an obligated person for whom financial person and is publicly available; and ■ For the reasons set out in the or operating data is presented in the preamble, Title 17, Chapter II, of the final official statement has undertaken, (B) In a timely manner, notice of Code of Federal Regulations is amended either individually or in combination events specified in paragraph (b)(5)(i)(C) as follows. with other issuers of such municipal of this section with respect to the securities that are the subject of the Text of Rule Amendments securities or obligated persons, in a written agreement or contract for the Offering, if material; and PART 240—GENERAL RULES AND benefit of holders of such securities, to (C) Such written agreement or REGULATIONS, SECURITIES provide the following to the Municipal contract for the benefit of holders of EXCHANGE ACT OF 1934 Securities Rulemaking Board in an such securities also shall provide that electronic format as prescribed by the all documents provided to the ■ 1. The authority citation for part 240 Municipal Securities Rulemaking Board, Municipal Securities Rulemaking Board continues to read in part as follows: either directly or indirectly through an shall be accompanied by identifying Authority: 15 U.S.C. 77c, 77d, 77g, 77j, indenture trustee or a designated agent: information as prescribed by the 77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn, (A) Annual financial information for Municipal Securities Rulemaking Board; 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, each obligated person for whom and 78j–1, 78k, 78k–1, 78l, 78m, 78n, 78o, 78p, financial information or operating data 78q, 78s, 78u–5, 78w, 78x, 78ll, 78mm, 80a– is presented in the final official * * * * * 20, 80a–23, 80a–29, 80a–37, 80b–3, 80b–4, statement, or, for each obligated person (f) * * * 80b–11, and 7201 et seq.; and 18 U.S.C. 1350, meeting the objective criteria specified unless otherwise noted. (3) The term final official statement in the undertaking and used to select means a document or set of documents * * * * * the obligated persons for whom ■ prepared by an issuer of municipal 2. Section 240.15c2–12 is amended financial information or operating data securities or its representatives that is by: is presented in the final official complete as of the date delivered to the ■ a. Revising paragraph (b)(4)(ii), the statement, except that, in the case of Participating Underwriter(s) and that introductory text of paragraph (b)(5)(i), pooled obligations, the undertaking sets forth information concerning the and paragraphs (b)(5)(i)(A) and (B); shall specify such objective criteria; terms of the proposed issue of ■ b. In the introductory text of (B) If not submitted as part of the securities; information, including paragraph (b)(5)(i)(C) and in paragraph annual financial information, then when financial information or operating data, (b)(5)(i)(D) remove the phrase ‘‘to each and if available, audited financial concerning such issuers of municipal nationally recognized municipal statements for each obligated person securities and those other entities, securities information repository or to covered by paragraph (b)(5)(i)(A) of this enterprises, funds, accounts, and other the Municipal Securities Rulemaking section; persons material to an evaluation of the Board, and to the appropriate state * * * * * Offering; and a description of the information depository, if any,’’; (iv) Such written agreement or undertakings to be provided pursuant to ■ c. In paragraph (b)(5)(ii)(C) remove the contract for the benefit of holders of paragraph (b)(5)(i), paragraph (d)(2)(ii), phrase ‘‘, and to whom it will be such securities also shall provide that and paragraph (d)(2)(iii) of this section, provided’’; all documents provided to the if applicable, and of any instances in the ■ d. Adding paragraph (b)(5)(iv); ■ Municipal Securities Rulemaking Board previous five years in which each e. Revising paragraph (d)(2)(ii); and shall be accompanied by identifying ■ f. Revising paragraphs (f)(3) and (f)(9). person specified pursuant to paragraph information as prescribed by the The additions and revisions read as (b)(5)(ii) of this section failed to comply, Municipal Securities Rulemaking Board. follows. in all material respects, with any * * * * * previous undertakings in a written § 240.15c2–12 Municipal securities (d) * * * contract or agreement specified in disclosure. (2) * * * paragraph (b)(5)(i) of this section. * * * * * (ii) An issuer of municipal securities Financial information or operating data (b) * * * or obligated person has undertaken, may be set forth in the document or set (4) * * * either individually or in combination of documents, or may be included by with other issuers of municipal specific reference to documents 293 See Proposing Release, supra note 3. securities or obligated persons, in a available to the public on the Municipal

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Securities Rulemaking Board’s Internet 4. Letter from Leslie M. Norwood, Commission, and to Ernesto A. Lanza, Senior Web site or filed with the Commission. Managing Director and Associate General Associate General Counsel, MSRB, dated Counsel, Securities Industry and Financial * * * * * September 22, 2008 (‘‘OMAC Letter’’). Markets Association (‘‘SIFMA’’), to Florence 15. Letter from Karrie McMillan, General (9) The term annual financial E. Harmon, Acting Secretary, Commission, information means financial Counsel, Investment Company Institute dated September 22, 2008 (‘‘SIFMA Letter’’). (‘‘ICI’’), to Florence E. Harmon, Acting information or operating data, provided 5. Letter from Paula Stuart, Chief Executive Secretary, Commission, dated September 22, at least annually, of the type included Officer, Digital Assurance Certification, LLC 2008 (‘‘ICI Letter’’). in the final official statement with (‘‘DAC’’), to Florence E. Harmon, Acting 16. Letter from Robert Donovan, Executive Secretary, Commission, dated September 22, respect to an obligated person, or in the Director, Rhode Island Health and 2008 (‘‘DAC Letter’’). case where no financial information or Educational Building Corporation, and operating data was provided in the final 6. Letter from Louis V. Eccleston, President, Standard & Poor’s Securities Steven Fillebrown, Director of Research, official statement with respect to such Evaluations, Inc. (‘‘SPSE’’), to Florence E. Investor Relations and Compliance, New obligated person, of the type included in Harmon, Acting Secretary, Commission, Jersey Healthcare Financing Authority, on the final official statement with respect dated September 22, 2008 (‘‘SPSE Letter’’). behalf of the National Association of Health to those obligated persons that meet the 7. Letter from Frank Chin, Chair, and Education Facilities Finance Authorities objective criteria applied to select the Municipal Securities Rulemaking Board (‘‘NAHEFFA’’), to Florence E. Harmon, persons for which financial information (‘‘MSRB’’), to Florence E. Harmon, Acting Acting Secretary, Commission, dated or operating data will be provided on an Secretary, Commission, dated September 22, September 22, 2008 (‘‘NAHEFFA Letter’’). annual basis. Financial information or 2008 (‘‘MSRB Letter’’). 17. Letter from Cate Long, Multiple- operating data may be set forth in the 8. Letter from William A. Holby, President, Markets (‘‘Multiple-Markets’’), to Florence E. National Association of Bond Lawyers Harmon, Acting Secretary, Commission, document or set of documents, or may (‘‘NABL’’), to Florence E. Harmon, Acting dated September 19, 2008 (‘‘Multiple- be included by specific reference to Secretary, Commission, dated September 22, Markets Letter’’). documents available to the public on 2008 (‘‘NABL Letter’’). 18. Letter from Robert Yolland, Chairman, the Municipal Securities Rulemaking 9. Letter from Jennifer S. Choi, Assistant National Federation of Municipal Analysts Board’s Internet Web site or filed with General Counsel, Investment Adviser (‘‘NFMA’’), to Florence E. Harmon, Acting the Commission. Association (‘‘IAA’’), to Florence E. Harmon, Secretary, Commission, dated September 19, * * * * * Acting Secretary, Commission, dated 2008 (‘‘NFMA Letter’’). September 22, 2008 (‘‘IAA Letter’’). 19. Letter from Peter J. Schmitt, Chief By the Commission. 10. Letter from Denise L. Nappier, Executive Officer, DPC DATA, Inc. (‘‘DPC Treasurer, State of Connecticut, to Dated: December 5, 2008. DATA’’), to Florence E. Harmon, Acting Christopher Cox, Chairman, Commission, Florence E. Harmon, Secretary, Commission, dated September 18, dated September 22, 2008 (‘‘Treasurer of the 2008 (‘‘DPC DATA Letter’’). Acting Secretary. State of Connecticut Letter’’). 11. Letter from Richard T. McNamar, Chief 20. Letter from Philip D. Moyer, Chief Note: Exhibit A to the Preamble will not Executive Officer and President, EDGAR appear in the Code of Federal Regulations Executive Officer, e-certus, Inc. (‘‘e-certus’’), to Christopher Cox, Chairman, Commission, Online, Inc. (‘‘EDGAR Online’’), to Christopher Cox, Chairman, Commission, Exhibit A and to Ernesto A. Lanza, Senior Associate General Counsel, MSRB, dated September 22, and to Ernesto Lanza, Senior Associate Key to Comment Letters Cited in Adopting 2008 (‘‘e-certus Letter’’). General Counsel, MSRB, dated September 9, Release Amendment to Municipal Securities 12. Letter from Laura Slaughter, Executive 2008 (‘‘EDGAR Online Letter’’). Disclosure (File No. S7–21–08) Director, Municipal Advisory Council of 21. Letter from Al B. Dickman, Professional 1. Letter from Fran Busby to 21st Century Texas (‘‘Texas MAC’’), to Christopher Cox, Investor, to Florence E. Harmon, Acting Disclosure Initiative, Commission, dated Chairman, Commission, and to Ernesto A. Secretary, Commission, dated September 5, October 7, 2008 (‘‘Busby Letter’’). Lanza, Senior Associate General Counsel, 2008 (‘‘Dickman Letter’’). 2. Letter from Susan Gaffney, Director, MSRB, dated September 22, 2008 (‘‘Texas 22. Letter from Elizabeth V. Mooney, to Federal Liasion Center, Government Finance MAC Letter’’). Florence E. Harmon, Acting Secretary, Officers Association (‘‘GFOA’’), to Florence 13. Letter from Thomas H. McTavish, Commission, dated August 21, 2008 E. Harmon, Acting Secretary, Commission, President, National Association of State (‘‘Mooney Letter’’). dated September 24, 2008 (‘‘GFOA Letter’’). Auditors, Comptrollers and Treasurers 23. Letter from Aramintha Grant, to 3. Letter from Christopher Alwine, Head of (‘‘NASACT’’), to Florence E. Harmon, Acting Florence E. Harmon, Acting Secretary, Municipal Money Market and Bond Groups, Secretary, Commission, dated September 22, Commission, dated August 17, 2008 (‘‘Grant The Vanguard Group, Inc. (‘‘Vanguard’’), to 2008 (‘‘NASACT Letter’’). Letter’’). Florence E. Harmon, Acting Secretary, 14. Letter from K.W. Gurney, Director, Commission, dated September 24, 2008 Ohio Municipal Advisory Council [FR Doc. E8–29336 Filed 12–12–08; 8:45 am] (‘‘Vanguard Letter’’). (‘‘OMAC’’), to Christopher Cox, Chairman, BILLING CODE 8011–01–P

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Part III

Department of Commerce National Oceanic and Atmospheric Administration

15 CFR Part 902 50 CFR Parts 679 and 680 Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits; Rule

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DEPARTMENT OF COMMERCE mail to [email protected], containing nine comments on the or fax to 202–395–7285. original proposed rule. Responses to all National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: nine comments were provided in the Administration Patsy A. Bearden, 907–586–7008. supplemental proposed rule. NMFS SUPPLEMENTARY INFORMATION: NMFS agreed with five of these comments and 15 CFR Part 902 manages the U.S. groundfish fisheries of made the suggested changes in the the exclusive economic zone (EEZ) off supplemental proposed rule. The 50 CFR Parts 679 and 680 Alaska under the Fishery Management supplemental proposed rule’s comment period ended October 24, 2008. NMFS [Docket No. 080302360–7686–03] Plan for Groundfish of the Gulf of Alaska and the Fishery Management received one comment by email which is summarized under ‘‘Response to RIN 0648–AT91 Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. Comments.’’ Pacific Halibut Fisheries; Bering Sea With Federal oversight, the State of In summary, this final rule: and Aleutian Islands King and Tanner Alaska (State) manages the commercial • Institutes the Interagency Electronic Crab Fisheries; Groundfish Fisheries king crab and Tanner crab fisheries Reporting System (IERS) and its data of the Exclusive Economic Zone Off under the Fishery Management Plan for entry component, eLandings. eLandings Alaska; Individual Fishing Quota Bering Sea/Aleutian Islands King and replaces the current Shoreside Processor Program; Western Alaska Community Tanner Crabs and the commercial Electronic Logbook Report (SPELR) for Development Quota Program; scallop fishery under the Fishery entering groundfish catch information Recordkeeping and Reporting; Permits Management Plan for the Scallop and Crab Rationalization Program (CR) Fishery off Alaska. The fishery crab information. The use of eLandings AGENCY: National Marine Fisheries management plans were prepared by the removes and replaces the use of the Service (NMFS), National Oceanic and North Pacific Fishery Management shoreside processor daily cumulative Atmospheric Administration (NOAA), Council and approved by the Secretary production logbook (DCPL), weekly Commerce. of Commerce under authority of the production reports, daily production ACTION: Final rule. Magnuson–Stevens Fishery reports, and aggregated mothership fish Conservation and Management Act, 16 tickets. The operators of catcher/ SUMMARY: NMFS issues a final rule that U.S.C. 1801 et seq. The FMPs are processor vessels and motherships will implements new recordkeeping and implemented by regulations at 50 CFR be required to use a combination of reporting requirements; a new electronic parts 679 and 680. General provisions eLandings and the appropriate DCPL to groundfish catch reporting system, the governing fishing by U.S. vessels in record fishery information; Interagency Electronic Reporting accordance with the FMPs appear at • System, and its data entry component, Allows for the future use of subpart H of 50 CFR part 600. eLandings; the integration of eLandings electronic logbooks (ELBs) by operators Management of the Pacific halibut with existing logbook requirements and of catcher vessels, catcher/processors, fisheries in and off Alaska is governed future electronic logbooks; a variety of and motherships to replace the daily by an international agreement, the fisheries permits provisions and fishing logbook (DFL) and the DCPL ‘‘Convention Between the United States revisions to regulations governing the when used with eLandings. Equipment of America and Canada for the Bering Sea and Aleutian Islands and operational requirements in Preservation of the Halibut Fishery of Management Area Crab Rationalization conjunction with the new ELBs are the Northern Pacific Ocean and Bering Program, including fee calculations; a updated to provide the process and Sea,’’ which was signed at Ottawa, revision to a Sitka Pinnacles Marine criteria by which a private-sector vendor Canada, on March 2, 1953, and was Reserve closure provision; and a could submit ELB software programs for amended by the ‘‘Protocol Amending revision to a groundfish observer approval by NMFS Alaska Region; the Convention,’’ signed at Washington, provision regarding at–sea vessel-to- • Reorganizes IFQ crab landing report D.C., March 29, 1979. The Convention is vessel transfers. This action is intended regulations by removing them from 50 implemented in the United States by the to promote the goals and objectives of CFR part 680 and incorporating them Northern Pacific Halibut Act of 1982 the Magnuson–Stevens Fishery into eLandings regulations at 50 CFR (Halibut Act). Conservation and Management Act part 679, so that all regulations (Magnuson–Stevens Act) and other Background and Need for Action pertaining to eLandings will be found in applicable law. one set of regulations; Refer to the proposed rule preambles • DATES: Effective January 14, 2009. for further description and detail. The Adds a requirement for Registered ADDRESSES: Copies of the Categorical background and need for this action Crab Receivers to submit an annual Crab Exclusion (CE), Regulatory Impact were described in detail in the preamble Rationalization Program Registered Crab Review (RIR), and Final Regulatory to the original proposed rule published Receiver Ex–vessel Volume and Value Flexibility Analysis (FRFA) prepared for in the Federal Register on June 29, 2007 Report; this action may be obtained from the (72 FR 35748) and in a supplemental • Revises regulations that pertain to NMFS Alaska Region, P.O. Box 21668, proposed rule published on September permits in the fisheries off Alaska. Most Juneau, AK 99802, or by calling the 24, 2008 (73 FR 55368) and are not of the changes are technical or Alaska Region, NMFS, at 907–586–7228, repeated here. The supplemental administrative in nature, e.g., or from the NMFS Alaska Region proposed rule explains the clarification of existing regulations on website at http:// reorganization of materials within the how to amend or surrender a permit, alaskafisheries.noaa.gov. current recordkeeping and reporting and do not change existing Written comments regarding the (R&R) regulatory text to integrate requirements; burden-hour estimates or other aspects electronic and non–electronic • Clarifies vessel restrictions in the of the collection–of–information requirements. The original proposed Sitka Pinnacles Marine Reserve and requirements contained in this final rule rule’s comment period ended July 30, how those restrictions apply to halibut may be submitted to NMFS and by e– 2007. NMFS received two emails and sablefish IFQ permit holders;

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• Revises requirements regarding at– for ‘‘checked–in’’ in the two places they purchases instead of as payment and sea transfer of an observer to enhance appear in § 679.5(e)(9)(ii) and (e)(10)(iv). value information. Finally, paragraph safety; and This final rule corrects a mistaken (m)(4) is revised in the final rule to • Technical revisions to regulations to cross reference in § 679.40(h)(3)(i), correct a website address that has been correct cross–references and other which are regulations describing changed since publication of the regulatory text. Miscellaneous revisions sablefish and halibut offload proposed rules. also include removal of outdated text obligations. The supplemental proposed and codifying existing reporting rule incorrectly cited to Classification practices for catch weighing and vessel § 679.5(e)(8)(i)(K), which describes the The Administrator, Alaska Region, monitoring system requirements. obligation to record discard or NMFS determined that this final rule is disposition information, which is Response to Comments necessary for the conservation and unrelated to offloads. The final rule management of the groundfish fisheries, Comment 1: The data entry time correctly references and that it is consistent with the limits for trawl and longline catcher/ § 679.50(e)(7)(i)(E)(6), which describes Magnuson–Stevens Act and other processors, the provision that requires entry of delivery information. applicable laws. submission ‘‘by noon each day to record Other revisions are made by this final the previous day’s discard and rule to ensure that electronic data Regulations governing the U.S. disposition information,’’ is submittal procedures are accurately and fisheries for Pacific halibut are unworkable. An example of how this completely described. These revisions developed by the International Pacific reporting deadline is a problem is when are as follows: Halibut Commission (IPHC), the Pacific a tow or set is retrieved just before eLandings relies on computers. The Fishery Management Council, the North midnight. An observer cannot start supplemental proposed rule, under Pacific Fishery Management Council monitoring and sampling a tow until it § 679.5(e), specified procedures for (Council), and the Secretary of is being processed, and in some cases an submitting information if a user’s Commerce. Section 5 of the Northern observer’s work shift may end in the computer fails. The final rule clarifies Pacific Halibut Act of 1982, 16 U.S.C. morning. This means that the vessel that if a hardware, software, or Internet 773c (Halibut Act) allows the Regional crew may not know about discard and failure occurs, these procedures should Council having authority for a particular bycatch estimates until the afternoon of be used. When a user is reporting on geographical area to develop regulations the day after the previous day’s tow has groundfish other than sablefish, the user governing the allocation and catch of been retrieved. We request the time must report the information as ‘‘non– halibut in U.S. Convention waters as limit for when data is entered in IFQ groundfish’’ in paragraph long as those regulations do not conflict eLandings or the DCPL be changed from 679.5(e)(1)(ii). with IPHC regulations. The final rule is ‘‘by noon each day to record the The final rule also removes a sentence consistent with the Council’s authority previous day’s discard and disposition in paragraph 679.5(e)(1)(ii) that stated to allocate, monitor, and manage halibut information’’ to ‘‘by midnight each day ‘‘A User who for any reason is unable catches among fishery participants in to record the previous day’s discard and to properly submit a landing report or the waters in and off Alaska. disposition information.’’ production report through eLandings This final rule has been determined to Response: NMFS agrees with this must record the information in the be not significant for the purposes of comment. NMFS understands the DCPL until network connections are Executive Order 12866. impracticability of submitting restored.’’ This sentence is NMFS is not aware of any other information prematurely and that time inappropriate because NMFS has Federal rules that would duplicate, limits must correspond with fishing determined it is unnecessary to specify overlap, or conflict with this action. operations. Therefore, NMFS revises by regulation where a user records regulations at § 679.5(c)(3) and (c)(4) for temporary information. The final rule Final Regulatory Flexibility Analysis trawl, longline, or pot catcher/ also adds ‘‘other NMFS–approved (FRFA) processors to change the time limit for software’’ to paragraphs 679.5(e)(1)(i) data entry in eLandings or the DCPL and (e)(1)(ii) because in the future, A Final Regulatory Flexibility from ‘‘by noon each day to record the NMFS may approve additional software Analysis (FRFA) was prepared for this previous day’s discard and disposition programs that will work as well as the rule as required by section 604 of the information’’ to ‘‘by midnight each day eLandings system. Regulatory Flexibility Act (RFA). The to record the previous day’s discard and The final rule, in Table 2b to part 679, FRFA incorporates the IRFA and a disposition information.’’ corrects the mis–spelled Latin term for summary of the analyses completed to red king crab and removes the check support the action; no comments were Changes from the Supplemental marks for three crab species that received on the IRFA. Copies of the Proposed Rule incorrectly indicated that the crab FRFA prepared for this final rule are Since publication of the proposed species are Crab Rationalization (CR) available from NMFS (see ADDRESSES). rules, NMFS published a final rule on crab. The complete list of CR crab may A summary of the FRFA follows. September 16, 2008 (73 FR 53390) that be viewed at Table 1 to part 680. Reason and Justification for the Rule revised the definition for an active The final rule reorganizes certain period for catcher/processors, requirements for the Registered Crab The FRFA describes in detail the motherships, shoreside processors, and Receiver (RCR) Ex–vessel Volume and objectives and legal basis for the rule, SFPs and eliminated the check–in/ Value Report at § 680.5(m). Since the and characterizes the small and non– check–out report submittal requirement report must be filed electronically, the small regulated entities that participate for motherships and catcher/processors final rule deletes the requirement for a in the fishery. A description of the that have onboard an operating vessel paper report. The final rule reorganizes action, the reasons why it is being monitoring system. To ensure regulatory paragraphs (m)(iii)(B) and (C) to include considered, and a statement of the consistency and accuracy with the retro payments, e.g., payments for crab objectives and legal basis for this action September 16, 2008, final rule, NMFS is made subsequent to the original are contained earlier in the preamble substituting the words ‘‘when active’’ payment, as part of the value of crab and are not repeated here.

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Number of Small Entities to Which the outside of Alaska, or in non–fishing Electronic Logbooks (ELBs) Final Rule Would Apply activities. Finally, estimates do not take NMFS will provide the process and For purposes of a FRFA, the Small into account potential affiliations among criteria by which a private-sector Business Administration (SBA) has entities. software vendor could obtain approval established that a business involved in Cooperative membership and joint for ELB software in the Alaska Region fish harvesting is a small business if it venture affiliations are common among groundfish fisheries. is independently owned and operated, Alaskan fishing firms. In the absence of NMFS will provide an option for not dominant in its field of operation detailed information on ownership and operators of trawl catcher vessels and (including its affiliates), and if it has affiliations, and on revenue from fishing catcher/processors, longline or pot combined annual gross receipts not in or other activities outside of Alaska, catcher vessels and catcher/processors, excess of $4.0 million for all its NMFS has chosen to make estimates and motherships operating in the GOA affiliated operations worldwide. A that are conservative, to avoid and the BSAI in the EEZ off the coast seafood processor is a small business if undercounting the number of small of Alaska to substitute an ELB for the it is independently owned and operated, entities. DFL or DCPL that is currently required. not dominant in its field of operation, The FRFA evaluates the following This action will allow ELBs for and employs 500 or fewer persons on a regulatory amendments: voluntary use by fishery participants to full–time, part–time, temporary, or other 1. Provide an option for operators of replace the DFL for trawl gear catcher basis, at all its affiliated operations trawl catcher vessels and catcher/ vessels and longline or pot gear catcher worldwide. processors, longline or pot catcher vessels. ELBs will also be allowed for Because the SBA does not have a size vessels and catcher/processors, and use by fishery participants to replace the criterion for businesses that are motherships operating in the GOA and DCPL used by trawl gear catcher/ involved in both the harvesting and the BSAI in the EEZ off the coast of processors, longline or pot gear catcher/ processing of seafood products, NMFS Alaska to substitute an ELB for the DFL processors, and motherships to has in the past applied and continues to or DCPL that is currently required. voluntarily fulfill daily catch apply SBA’s fish harvesting criterion for 2. Provide the process and criteria by recordkeeping and reporting these businesses because catcher/ which a private software vendor could requirements. processors are first and foremost fish get ELB software approved for use in the The participants associated with this harvesting businesses. Therefore, a Alaska Region groundfish fisheries. aspect of the action include an business involved in both the harvesting 3. Implement regulations for the estimated 771 small catcher vessels, 11 and processing of seafood products is a eLandings data entry component of small catcher/processors, and no small small business if it meets the $4.0 IERS to be used for reporting motherships. The catcher vessel and million criterion for fish harvesting commercial fishery landings and catcher/processor estimates may be operations. NMFS currently is production data and allow fishery high, because they do not take account reviewing its small entity size participants to use the Internet to enter of affiliations among entities. classification for all catcher/processors data only once for subsequent NMFS considered two alternatives for in the United States. However, until distribution to the Alaska Department of implementation of the ELBs: the no– new guidance is adopted, NMFS will Fish and Game (ADF&G), the action (or status quo) and action continue to use the annual receipts International Pacific Halibut alternatives. The action alternative standard for catcher/processors. NMFS Commission (IPHC), and NMFS, as allows participants to voluntarily use an plans to issue new guidance in the near appropriate. ELB instead of a DFL or DCPL, but does future. 4. Reorganize regulations for logbooks not require firms to incur additional The FRFA contains a description and to provide complete information for costs, because all processors estimate of the number of small entities each logbook in its own section in order participating in Federal fisheries have to which the rule would apply. As to make the regulations more accessible access to a computer. The no–action required by the RFA, NMFS has and easier to use. alternative was considered, but rejected, estimated the numbers of small entities 5. Provide uniform language and because it did not meet the action that may be directly regulated by this revise permit–related regulations objective of creating a better regulatory action. Counts of small catcher vessel governing fishing activities in fisheries environment for the introduction and and catcher/processor entities are based off the coast of Alaska. The minor use of ELB software for compliance with on 2006 revenue estimates from the revisions improve enforcement of the NMFS’ reporting requirements. Alaska Fisheries Science Center. Counts regulations at 50 CFR part 679, by NMFS interacted with the fishing of shoreside processors and stationary revising text, where necessary, such that industry on the use of ELBs during a floating processors (SFPs) are based on the regulations are specific, especially pilot project described in the RIR/IRFA 2006 information on plants and plant regarding permits and permit–related wherein a trawl gear ELB created by a ownership from the NMFS Alaska issues. private vendor was used by catcher Region. Counts of other more 6. Revise 50 CFR part 680 by vessels. An early version of this analysis specialized categories of small entities removing IFQ crab landing report included a provision requiring that are explained when they occur below. regulations for incorporation into the fishing operations using the ELB In general, the estimates of small entity description of IERS at § 679.5 IERS and software file a report with NMFS within numbers described in the following by adding a requirement for a CR 24 hours of delivering their product. paragraphs are believed to be high for Registered Crab Receiver Ex–vessel This provision was eliminated from the several reasons. Each vessel or Volume and Value Report. alternatives following industry processing plant is treated as a separate 7. Revise a groundfish observer consultations during the preparation of entity; however, this does not consider provision regarding at–sea vessel-to- the IRFA. The provision was expected that a firm may own multiple vessels or vessel transfers. to impose an undue burden on plants. Moreover, revenue estimates do 8. Make miscellaneous revisions to operations that were using the software not take into account the revenues that fishing regulations at 50 CFR parts 679 voluntarily and perhaps slow its an entity may have earned in waters and 680. adoption rate. An examination of

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existing response rates indicated that The preferred alternative requires Permits about 32 percent of these reports have processors to use IERS and eLandings to NMFS is unifying the language and been received by NMFS within 24 hours report data from Federal fisheries, but revising permit–related regulations of the landing, and about 73 percent only imposes small additional costs. governing fishing activities in fisheries have been received within 48 hours of IERS is a joint project of ADF&G, IPHC, off the coast of Alaska. These minor the landing. The action alternative and NMFS. If NMFS adopted an revisions will improve enforcement of relaxes a constraint on the public, and alternative system, confusion would the regulations at 50 CFR part 679 by may reduce data entry costs relative to result for the fishing industry and clarifying and simplifying text, the DFL and DCPL. industry costs would be increased. especially regarding permit–related Interagency Electronic Reporting System Additional alternatives in this instance issues. NMFS estimates that 771 small (IERS) would compromise our ability to meet catcher vessels, 11 small catcher/ the objectives of the action. Because the processors, 80 small shoreside With this final rule, NMFS costs of this action are minor, it is implements regulations for the processors, five SFPs, and six small difficult to identify additional CDQ groups are directly regulated by eLandings data entry component of alternatives with significant cost IERS to be used for reporting this action. savings. commercial fishery landings and Six CDQ groups, representing 65 production data and allow fishery Regulatory text reorganization Western Alaska communities, currently participants to use the Internet to enter participate in the CDQ Program. Each is data only once for subsequent NMFS reorganizes and revises organized as a not–for–profit entity, and distribution to the ADF&G, the IPHC, § 679.5(a) and (c), such that each of the none is dominant in its field. and NMFS, as appropriate. six groundfish logbooks is described Consequently, each is a small entity NMFS estimates that this action will clearly and completely in a separate under the RFA. Several CDQ groups directly regulate 11 small catcher/ section of regulatory text. This action own, in whole or in part, and operate processors, 80 small shoreside also makes the regulations easier for the vessels participating in the CDQ processors, five small SFPs, no small public to use. Regulations for processor fisheries. Because CDQ groups must motherships, and 184 small Registered forms also are revised and reorganized obtain permits for their vessels, the six Buyers. Under this action, these entities in this rule. Prior to this final rule, these CDQ groups also will be directly will be required to report electronically regulations were arranged into tables by regulated by this rule. using the IERS software. data element relating to multiple NMFS considered two alternatives for The Registered Buyer estimates were logbooks and forms. The reader had to the permit–related revisions: the status prepared as follows. There are 206 IFQ consult several places in the regulations quo and action alternatives. The status– Registered Buyers expected to use IERS to find complete requirements for any quo alternative would maintain the to record their halibut IFQ and halibut given logbook or form. This action inconsistency of regulatory language CDQ deliveries under provisions of this consolidates all of the requirements for regarding permit–related issues, for action. An examination of the names of each form and logbook into individual example, by maintaining the term the Registered Buyers suggests that at sections in § 679.5. ‘‘federally regulated’’ and by not least 22 are large entities under the replacing it with the specific permit that The small entities directly regulated Small Business Administration (SBA) relates to the paragraph. This would by this action include 80 shoreside criteria (i.e., processors subject to the maintain the inconsistency in processors, five SFPs, 11 catcher/ 500 employee SBA criterion). The determination of which permit processors, no motherships, and 771 remaining Registered Buyers appear to authorizes which activity. Under the catcher vessels. be small shoreside firms or fishing action alternative, NMFS ‘‘tightens up’’ operations. Thus, 184 Registered Buyers NMFS considered two alternatives for the regulations as they relate to permits, are estimated to be small for RFA the reorganization of regulations: the for example, regulatory text is made purposes. This is likely to be an status quo and action alternatives. specific as to whether a permit is issued overestimate of the number of small Under the status quo alternative, the to a person or to a vessel. Under the entities among the Registered Buyers regulations at § 679.5 would remain action scenario, NMFS clarifies directly regulated by adoption of the without reorganization. The regulations ambiguities in the permit–related IERS. at § 679.5 would remain arranged in regulatory text and improves NMFS considered two alternatives for tables by data element relating to enforcement of the regulations at 50 the IERS and eLandings: the status quo multiple logbooks and forms causing the CFR part 679. and action alternatives. The status quo reader to consult several places in the alternative, if retained, would not have regulations to find complete eLandings Landing Report required firms to begin using IERS for requirements for any given logbook or NMFS revises regulations at 50 CFR Federal reporting purposes. However, form. Under the regulatory scenario of part 680 by removing IFQ crab landing since State regulations will require firms the status quo alternative, participants report regulations for incorporation into to begin reporting in–state deliveries of would likely face increased R&R the § 679.5(e) eLandings regulations. harvests with the IERS system, retention regulatory uncertainty and a loss of The eLandings landing report originally of the status quo alternative would be of efficiency. Under the action alternative, was created for CR crab, but will be no advantage to small entities. Indeed, NMFS will reorganize and revise used for reporting groundfish, IFQ these small entities could be in the regulations at § 679.5 such that each of halibut, CDQ halibut, and IFQ sablefish position of having to conform to two the six groundfish logbooks is described as well. separate reporting standards. Moreover, in regulatory text separately, NMFS considered two alternatives for a significant proportion of the harvest completely, and clearly. Under the the eLandings regulatory revisions: the from Federal waters is delivered to regulatory scenario of the action status quo and action alternatives. onshore or inshore processors, who alternative, participants would enjoy Under the status quo scenario, the would be using the IERS to input these increased R&R regulatory certainty and regulations for use of eLandings for the records. increased efficiency. CR fisheries would remain at § 680.5

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and the regulations for use of eLandings cost recovery fees will be used to one observer to meet observer coverage for other fisheries would be in support management of the CR Program. requirements on these vessels. This § 679.5(e). This would duplicate two An additional effect will be the removal revision would require an observer to be sets of regulations and introduce of a requirement for an RCR who transferred only at the dock, resulting in confusion. receives a landing of CR crab harvested increased costs for the company, Under the action alternative, NMFS under the IFQ, the CDQ, or Adak because vessels would have to return to removes regulatory text from § 680.5(b), community allocation programs to the dock to pick up or drop off an (c), and (d) that describe the use of submit for each landing the price per observer. This alternative was rejected eLandings for CR crab and integrates pound. Instead, each RCR will be for further analysis because the that text into regulations at § 679.5(e). required to submit a CR RCR Ex–vessel improvement in observer safety This change allows all related Volume and Value Report near the end appeared to come at a disproportionate information for the eLandings landing of the crab fishing year. In addition, the cost to fishing operations. report to be found in one section for requirement to report through Miscellaneous Revisions to Fishing groundfish, CR crab, IFQ halibut, IFQ eLandings the price paid for crab when Regulations at 50 CFR parts 679 and sablefish, and CDQ halibut. landed will become optional. 680 CR Registered Crab Receiver Ex–vessel Groundfish Observer Provision NMFS amends regulations in Parts Volume and Value Report Regarding At–sea Vessel-to-vessel 679 and 680 to improve clarity and NMFS is adding a new form, the CR Transfers efficiency. The small entities directly Registered Crab Receiver (RCR) Ex– The Fisheries Monitoring and regulated by this final rule include 80 vessel Volume and Value Report, to be Analysis Division (FMA) monitors shoreside processors, 5 SFPs, 11 submitted by participants near the end groundfish fishing activities in the EEZ catcher/processors, no motherships, and of the crab fishing year. This report is off Alaska and conducts research 771 catcher vessels. similar to a report required by associated with sampling commercial NMFS considered two alternatives for regulations implementing the NMFS fishery catches, estimation of catch and the miscellaneous regulatory revisions: Alaska Region IFQ Program for Pacific bycatch mortality, and analysis of the status quo and action alternatives. halibut and sablefish. The regulations fishery–dependent data. As part of the Under the status quo alternative the for the form will be described at FMA’s North Pacific Observer Program, regulatory text would not be changed. § 680.5(m). The small entities directly approximately 400 fishery observers Under the action alternative, NMFS regulated by this action are spend up to 90 consecutive days each amends regulations in Part 679 and Part approximately 30 RCRs required to year at sea or at processing plants 680, by adding and revising definitions, submit an annual CR RCR Ex–vessel collecting data for management of the revising text to clarify a Sitka Pinnacles Volume and Value Report. Alaskan groundfish fisheries. On Marine Reserve closure provision, NMFS considered two alternatives for occasion crab fisherman must transfer adding or correcting cross references, the addition of this form: the status quo an observer at sea from one vessel to removing obsolete text, adding new text, and action alternatives. Under the status another. codifying certain existing practices, and quo scenario, the requirement to report The small entities directly regulated revising figures and tables to Part 679. through eLandings the price paid for by this action include no motherships, These changes will facilitate crab during landing would remain 11 catcher/processors, and 771 catcher management of the fisheries and mandatory. This would mean that the vessels. enforcement efforts and promote crab price would be inaccurate, because NMFS considered three alternatives compliance with the regulations. the price at the time of landing does not for the observer at–sea transfer The preferred action alternative will include post–delivery or end–of–season revisions: the status quo and two action have no known adverse impacts on adjustments. An inaccurate report of alternatives. Under the status quo small entities. The status quo alternative crab value would then be used to assess alternative, the regulatory text would was rejected because it did not meet the fees for participants in the CR crab not be changed. The no–action action objective of creating a better fisheries, required by the Magnuson– alternative was rejected because it did regulatory environment. Stevens Fishery Conservation and not meet the action objective of creating The regulations in this final rule Management Act (Section 304(d)(2)(B)). a safe transfer environment for a appear to impose no adverse economic Inaccurate fees could result in groundfish observer. impacts on directly regulated small insufficient funds to manage the CR Under the preferred action alternative, entities. Therefore no steps were needed Program. NMFS revises a groundfish observer to minimize the effects of this regulatory The action alternative adds the new provision regarding at–sea vessel-to- action on small entities. form to collect crab price information vessel transfers by removing ‘‘via small In the various items considered in this from CR RCRs. The form collects boat or raft’’ from the regulations at analysis, the preferred alternative was information used to assess fees on an § 679.50(g)(1)(ix)(A). This revision will chosen rather than selecting the status annual basis, which is a statutory improve safety for observers undergoing quo alternative. The preferred requirement. NMFS considered but a transfer at sea because the regulatory alternative in every case supported the rejected alternatives (options) of more text now states that all at–sea transfers primary objective of this action which is frequent or less frequent collection of of an observer be conducted during to improve the methods and procedures the price information. NMFS Restricted daylight hours, under safe conditions, of recordkeeping and reporting for the Access Management Program (RAM) and with the agreement of the observers fishery programs of NMFS Alaska will collect the price information to involved. Region through expansion of electronic establish a ‘‘standard’’ ex–vessel price Under the second action alternative, reporting methods and by simplifying for CR crab. The standard price will be NMFS will prohibit the transfer of an regulations. used to estimate the cost recovery fees observer at sea. Most of the at–sea Use of electronic recordkeeping will due from processors and harvesters; the transfers are done by companies that allow the public to more easily record participants may not participate in the own two or more vessels with less than daily information and retrieve daily CR fisheries if fees are not paid. The 100 percent observer coverage and use information and will increase the

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accuracy of information collected and for catcher/processor longline and pot List of Subjects in 15 CFR part 902 summarized. In addition, this initiation gear DCPL or ELB; 30 minutes for of electronic recordkeeping is the first catcher/processor trawl gear DCPL or Reporting and recordkeeping step to interface with onboard ELB; 23 minutes for buying station requirements. electronics to collect certain information report; 7 minutes for check–in/check– List of Subjects in 50 CFR parts 679 and directly (for example location and out report, mothership or catcher/ 680 direction information from a global processor; 8 minutes for check–in/ positioning system). Electronic check–out report, shoreside processor. Alaska, Fisheries, Reporting and recordkeeping also creates a wide range The weekly production report, recordkeeping requirements. of potential reports to allow the operator estimated at 17 minutes; shoreside Dated: December 2, 2008. to analyze his or her fishing activity. processor DCPL, estimated at 31 Samuel D. Rauch III, eLandings or other NMFS–approved minutes; and mothership consolidated Deputy Assistant Administrator for software allows processors and others to ADF&G fish tickets, estimated at 35 Regulatory Programs, National Marine provide commercial harvest and minutes, are removed with this final Fisheries Service. production information of groundfish, rule. ■ halibut, and crab to NMFS, IPHC, and For the reasons set out in the OMB Control Number 0648–0272 ADF&G. Using eLandings removes preamble, NMFS amends 15 CFR reporting duplications, and once chapter IX and 50 CFR chapter VI as Public reporting burden for IFQ follows: implementation is complete, eLandings landing reports is estimated to average makes recordkeeping and reporting 18 minutes per response. TITLE 15—COMMERCE AND FOREIGN simpler. Additional benefits of the TRADE eLandings system include: OMB Control Number 0648–0334 • CHAPTER IX—NATIONAL OCEANIC AND Immediate verification of permits Public reporting burden is estimated ATMOSPHERIC ADMINISTRATION, and vessel identification; DEPARTMENT OF COMMERCE • to average per response: one hour for Timely catch reports for groundfish and crab LLP transfer management agency use; application and one hour for scallop PART 902—NOAA INFORMATION • Options for processors to import or LLP transfer application. COLLECTION REQUIREMENTS UNDER export catch and production THE PAPERWORK REDUCTION ACT: information; and OMB Control Number 0648–0515 OMB CONTROL NUMBERS • Significant reduction in data entry by management agencies and Public reporting burden is estimated ■ 1. The authority citation for part 902 processors. to average per response: 15 minutes for continues to read as follows: IERS application processor registration; Small Entity Compliance Guide 35 minutes for eLandings landing Authority: 44 U.S.C. 3501 et seq. The preamble to this final rule and report; 35 minutes for manual landing ■ 2. In § 902.1, in the table in paragraph particularly the summary of the FRFA report; and 15 minutes for catcher/ (b), under the entry ‘‘50 CFR’’: serve as the small entity compliance processor or mothership eLandings A. Remove entries for ‘‘679.5(b), (c), guide. This action does not require any production report. (d), (g), (h), (i), (j), (k) and (m)’’; additional compliance from small OMB Control Number 0648–0570 ‘‘679.5(e), (f), and (o)’’; ‘‘679.5(l)(1), entities that is not described in this final (l)(2), (l)(3), and (l)(5)’’; ‘‘679.5(l)(3)(i), rule. Copies of this final rule are Public reporting burden is estimated (l)(4)’’; ‘‘679.24(e)’’; ‘‘679.28(b) and (d)’’; available from NMFS (see ADDRESSES) to average per response: 20 minutes for ‘‘679.28(f)’’; ‘‘679.32(c)’’; ‘‘679.61(c) and and at the NMFS website at http:// crab catcher/processor offload report, 40 (f)’’; ‘‘679.61(d) and (e)’’; ‘‘679.62(b)(3) alaskafisheries.noaa.gov. hours for eligible crab community and (c)’’; ‘‘679.63(a)(2)’’; ‘‘680.5’’; organization annual report; and 1 hour ‘‘680.23(e), (f), (g), and (h)’’; ‘‘680.44(a), Paperwork Reduction Act Collections for CR Registered Crab Receiver Ex– (b), (c), (d), (e)’’; and ‘‘680.44(f)’’. of Information vessel Volume and Value Report. B. Add entries in alphanumeric order This final rule contains collection–of– These estimates include the time for for ‘‘679.5(b), (h), and (k)’’; ‘‘679.5(c)’’; information requirements that are reviewing instructions, searching ‘‘679.5(d)’’; ‘‘679.5(e) and (f)’’; subject to review and approval by the existing data sources, gathering and ‘‘679.5(g)’’; ‘‘679.5(l)(1) through (l)(5)’’; Office of Management and Budget maintaining the data needed, and ‘‘679.5(o)’’; ‘‘679.27(j)(5)’’; ‘‘679.28(a)’’; (OMB) under the Paperwork Reduction completing and reviewing the collection ‘‘679.28(b), (c), (d), and (e)’’; Act (PRA) and which have been of information. ‘‘679.28(h)’’; ‘‘679.32(c) and (e)’’; approved by OMB. The collections are Send comments regarding this burden ‘‘679.61(c), (d), (e), and (f)’’; ‘‘679.62’’; listed below by OMB control number. estimate, or any other aspect of this data ‘‘679.63’’; ‘‘680.5(a) and (h) through (l)’’; OMB Control Number 0648–0206 collection, including suggestions for ‘‘680.5(b)’’; ‘‘680.5(e) and (f)’’; ‘‘680.5(g)’’; ‘‘680.5(m)’’; ‘‘680.23(e), (f), Public reporting burden is estimated reducing the burden, to NMFS (see and (g)’’; and ‘‘680.44’’. to average per response: 21 minutes for ADDRESSES) and by e–mail to Federal fisheries permit and 21 minutes [email protected], or fax to C. Revise entries for ‘‘679.5(r)’’; for Federal processor permit. 202–395–7285. ‘‘679.5(s)’’; ‘‘679.32(d)’’; ‘‘679.32(f)’’; Notwithstanding any other provision and ‘‘679.43’’. OMB Control Number 0648–0213 of the law, no person is required to The additions and revisions read as Public reporting burden is estimated respond to, nor shall any person be follows: to average per response: 28 minutes for subject to a penalty for failure to comply catcher vessel longline and pot gear DFL with, a collection of information subject § 902.1 OMB control numbers assigned or ELB; 18 minutes for catcher vessel to the requirements of the PRA, unless pursuant to the Paperwork Reduction Act. trawl DFL or ELB; 31 minutes for that collection of information displays a * * * * * mothership DCPL or ELB; 41 minutes currently valid OMB control number. (b) * * *

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Active/inactive periods means for CFR part or section Current OMB control CFR part or section Current OMB control where the informa- number (all numbers where the informa- number (all numbers longline or pot gear catcher vessel, see tion collection re- begin with 0648-) tion collection re- begin with 0648-) § 679.5(c)(3)(iv)(A)(1); for longline or quirement is located quirement is located pot gear catcher/processor, see * * * * * * * 679.62 -0393 § 679.5(c)(3)(iv)(B)(1); for trawl gear catcher vessel, see 50 CFR 679.63 -0213 and -0330 § 679.5(c)(4)(iv)(A)(1); for trawl gear catcher/processor, see * * * * * * * * * * * * * * § 679.5(c)(4)(iv)(B)(1); for shoreside processor or SFP, see § 679.5(c)(5)(ii); 680.5(a) and (h) -0213 679.5(b), (h), and -0213 for mothership, see § 679.5(c)(6)(iv). (k) through (l) * * * * * 679.5(c) -0213, -0272, -0330, 680.5(b) -0515 Associated processor means: -0513, and -0515 680.5(e) and (f) -0570 (1) Relationship with a buying station. A mothership or catcher/processor 679.5(d) -0213, -0272, and -0513 680.5(g) -0514 issued an FFP, or a shoreside processor or SFP issued an FPP, with a contractual 679.5(e) and (f) -0213, -0272, -0330, * * * * * * * relationship with a buying station to -0401, -0513, and conduct groundfish buying station -0515 680.5(m) -0514 activities for that processor. (2) Relationship with a custom 679.5(g) -0213, -0272, and * * * * * * * -0330 processor. A mothership or catcher/ 680.23(e), (f), and -0330 processor issued an FFP or a shoreside 679.5(l)(1) through -0272 (g) processor or SFP issued an FPP, with a (l)(5) contractual relationship with a custom * * * * * * * processor to process groundfish on its * * * * * * * 680.44 -0514 behalf. 679.5(o) -0401 At–sea operation means, for purposes * * * * * * * of eLandings, a catcher/processor or * * * * * * * mothership that is receiving and/or TITLE 50—WILDLIFE AND FISHERIES processing fish in State waters and/or in 679.5(r) -0213, -0445, and CHAPTER VI—FISHERY CONSERVATION waters of the EEZ off the coast of -0545 AND MANAGEMENT, NATIONAL OCEANIC Alaska. AND ATMOSPHERIC ADMINISTRATION, * * * * * 679.5(s) -0213, -0445, and DEPARTMENT OF COMMERCE -0565 eLandings means the Internet data PART 679—FISHERIES OF THE entry system or desktop client * * * * * * * EXCLUSIVE ECONOMIC ZONE OFF components of the Interagency ALASKA Electronic Reporting System (IERS) for 679.27(j)(5) -0213, -0330, and reporting commercial fishery landings -0565 ■ 3. The authority citation for part 679 and production from waters off Alaska. 679.28(a) -0213 and -0330 is revised to read as follows: * * * * * Authority: 16 U.S.C. 773 et seq.; 1801 et Gear deployment (or to set gear) (see 679.28(b), (c), (d), -0330 seq.; 3631 et seq.; Pub. L. 108–447. § 679.5(c)(3)(vi)(B) for longline and pot and (e) gear; see § 679.5(c)(4)(vi)(B) for trawl ■ 4. In § 679.2: gear). * * * * * * * A. Add in alphabetical order Gear retrieval (or to haul gear) (see definitions for ‘‘At–sea operation’’, 679.28(h) -0213 and -0515 § 679.5(c)(3)(vi)(C) for longline and pot ‘‘eLandings’’, ‘‘Interagency electronic gear; see § 679.5(c)(4)(vi)(C) for trawl reporting system (IERS)’’, ‘‘Maximum * * * * * * * gear). retainable amount (MRA)’’, ‘‘Non–IFQ 679.32(c) and (e) -0213 and -0269 groundfish’’, ‘‘Non–individual entity’’, * * * * * ‘‘Permit’’, ‘‘Shoreside processor Haul means the retrieval of trawl gear 679.32(d) -0213, -0269 and electronic logbook report (SPELR)’’, which results in catching fish or which -0330 ‘‘Single geographic location’’, ‘‘User’’, does not result in catching fish; a test of ‘‘User identification (UserID)’’, and trawl gear; or when non–functional gear 679.32(f) -0213, -0269, and is pulled in, even if no fish are -0272 ‘‘Week–ending date’’. B. Revise the definitions of ‘‘Active/ harvested. All hauls of any type need to * * * * * * * inactive periods’’, ‘‘Associated be recorded and numbered throughout processor’’, ‘‘Gear deployment (or to set the year, whether or not fish are caught. 679.43 -0272, -0318, -0334, gear)’’, ‘‘Gear retrieval (or to haul gear)’’, * * * * * -0398, -0401, -0545, ‘‘Haul’’, ‘‘Prohibited species catch -0565, and -0569 Interagency electronic reporting (PSC)’’, and ‘‘Tender vessel’’. system (IERS) means an interagency * * * * * * * The additions and revisions read as electronic reporting system that allows follows: fishery participants to use the Internet 679.61(c), (d), (e), -0401 or desktop client software named and (f) § 679.2 Definitions. eLandings to enter landings and * * * * * production data for appropriate

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distribution to the ADF&G, IPHC, and Single geographic location (see and to provide for data security, a NMFS Alaska Region (see § 679.5(e)). § 679.4(l)(5)(iii)). separate UserID is issued to each * * * * * * * * * * individual. Maximum retainable amount (MRA) Tender vessel (see also the definition * * * * * (see § 679.20(e)). of ‘‘buying station’’ under this section) Week–ending date means the last day means a vessel that is used to transport * * * * * of the weekly reporting period which unprocessed fish or shellfish received ends on Saturday at 2400 hours, A.l.t., Non–IFQ groundfish means from another vessel to an associated groundfish, other than IFQ sablefish. except during the last week of each processor. calendar year, when it ends at 2400 Non–individual entity means a person * * * * * hours, A.l.t., December 31. who is not an individual or ‘‘natural’’ User means, for purposes of IERS and * * * * * person; it includes corporations, eLandings, an individual representative ■ partnerships, estates, trusts, joint of a Registered Buyer; a Registered Crab 5. In § 679.4: ventures, joint tenancy, and any other Receiver; a mothership or catcher/ A. Paragraph (a)(4) is removed and type of ‘‘person’’ other than a natural processor that is required to have a reserved. person. Federal Fisheries Permit (FFP) under B. Paragraphs (a)(1)(i)(A), (a)(1)(iv)(A), * * * * * § 679.4; a shoreside processor or SFP (a)(1)(iv)(B), (a)(3)(i), (a)(3)(iii), (b) Permit means documentation granting and mothership that receives groundfish heading, (b)(3), (b)(4), (b)(5) heading, permission to fish and includes from vessels issued an FFP under (b)(5)(iv), (e)(2), (e)(3), (f) heading, (f)(2), ‘‘license’’ as a type of permit. § 679.4; any shoreside processor or SFP (f)(3), (f)(4), (g)(1), (k) heading, and * * * * * that is required to have a Federal (l)(1)(iv) are revised. C. Paragraphs (a)(1)(vii)(C), (a)(1)(xiv), Prohibited species catch (PSC) means processor permit under § 679.4; and his (a)(9), (b)(5)(vi)(C), (d)(1)(iii), (d)(2)(iv), any of the species listed in Table 2b to or her designee(s). User identification (UserID), for (d)(3)(v), (k)(6)(x), (l)(1)(ii)(C), and this part. purposes of IERS and eLandings, means (l)(5)(ii) are added. * * * * * the string of letters and/or numbers that The revisions and additions read as Shoreside processor electronic identifies the individual and gives him follows: logbook report (SPELR) (discontinued, or her authorization to view and submit see definition of ‘‘eLandings’’ under this reports for specific operations or to § 679.4 Permits. section). otherwise use eLandings. To facilitate (a) * * * * * * * * the management of Users and privileges (1) * * *

Permit is in effect from issue date through the If program permit or card type is: end of . . . For more information, see . . .

(i) * * *

(A) Registered buyer Until expiration date shown on permit Paragraph (d)(3)(ii) of this section

* * * * * * *

(iv) * * *

(A) Federal fisheries Until expiration date shown on permit Paragraph (b) of this section

(B) Federal processor Until expiration date shown on permit Paragraph (f) of this section

* * * * * * *

(vii) * * *

(C) Scallop license Indefinite Paragraph (g) of this section

* * * * * * *

(xiv) Crab Rationalization Program permits see § 680.4 of this chapter § 680.4 of this chapter

(A) Crab Quota Share permit Indefinite § 680.4(b) of this chapter

(B) Crab Processor Quota Share permit Indefinite § 680.4(c) of this chapter

(C) Crab Individual Fishing Quota (IFQ) Specified fishing year § 680.4(d) of this chapter permit

(D) Crab Individual Processor Quota (IPQ) Specified fishing year § 680.4(e) of this chapter permit

(E) Crab IFQ hired master permit Specified fishing year § 680.4(g) of this chapter

(F) Registered Crab receiver permit Specified fishing year § 680.4(i) of this chapter

(G) Federal crab vessel permit Specified fishing year § 680.4(k) of this chapter

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Permit is in effect from issue date through the If program permit or card type is: end of . . . For more information, see . . .

(H) Crab harvesting cooperative IFQ per- Specified fishing year § 680.21(b) of this chapter mit

* * * * * modified under § 600.735 or § 600.740 accordance with paragraph (a)(9) of this (3) * * * of this chapter. section. An IFQ hired master permit (i) A person may obtain an (ii) Surrendered permit. An FFP may be reissued to the permit holder of application for a new permit or for permit may be voluntarily surrendered record in the same fishing year in which renewal or revision of an existing permit in accordance with paragraph (a)(9) of it was surrendered. Contact NMFS/RAM for any of the permits under this section this section. An FFP may be reissued to for more information by telephone, and must submit forms to NMFS as the permit holder of record in the same locally at 907–586–7202 (Option #2) or instructed in application instructions. fishing year in which it was toll–free at 800–304–4846 (Option #2). With appropriate software, all permit surrendered. Contact NMFS/RAM by (3) * * * applications may be completed online telephone, locally at 907–586–7202 (v) A Registered Buyer permit may be and printed from the Alaska Region (Option #2) or toll–free at 800–304–4846 voluntarily surrendered in accordance website at http:// (Option #2). with paragraph (a)(9) of this section. A alaskafisheries.noaa.gov. (iii) Amended permit. An owner or Registered Buyer permit may be operator, who applied for and received reissued to the permit holder of record * * * * * an FFP, must notify NMFS of any in the same fishing year in which it was (iii) The operator, manager, Registered change in the permit information by surrendered. Contact NMFS/RAM for Buyer, or Registered Crab Receiver must submitting an FFP application found at more information by telephone, locally obtain a separate permit for each the NMFS website at http:// at 907–586–7202 (Option #2) or toll–free applicant, facility, or vessel, as alaskafisheries.noaa.gov as instructed at 800–304–4846 (Option #2). appropriate to each Federal permit in on the application form. Upon receipt * * * * * this section (§ 679.4) and retain a copy and approval of a permit amendment, (e) * * * of each permit application, whether the the Program Administrator, RAM, will (2) Halibut CDQ permit. The CDQ application is requesting an initial issue an amended FFP. group must obtain a halibut CDQ permit permit or renewing or revising an (5) Contents of an FFP application. issued by the Regional Administrator. existing permit. *** The vessel operator must have a copy of * * * * * * * * * * the halibut CDQ permit on any fishing (9) Permit surrender. The Regional (iv) Area and gear information. vessel operated by, or for, a CDQ group Administrator will recognize the Indicate the type of vessel operation. If that will have halibut CDQ onboard and voluntary surrender of a permit issued catcher/processor or catcher vessel, must make the permit available for in this section, § 679.4, if a permit may indicate only the gear types used for inspection by an authorized officer. The be surrendered and it is submitted by groundfish fishing. If the vessel is a halibut CDQ permit is non–transferable the person named on the permit, owner catcher/processor under 125 ft (18.3 m) and is issued annually until revoked, of record, or agent. Submit the original LOA that is intended to process GOA suspended, surrendered, or modified. A permit to Program Administrator, RAM inshore pollock or GOA inshore Pacific halibut CDQ permit may be voluntarily Program, P.O. Box 21668, Juneau, AK cod, mark the box for a GOA inshore surrendered in accordance with 99802, by certified mail or other method processing endorsement. paragraph (a)(9) of this section. The that provides written evidence that * * * * * halibut CDQ permit will not be reissued NMFS Alaska Region received it. The (vi) * * * in the same fishing year in which it was receiving date of signature by NMFS (C) Selections for species surrendered, but a new annual halibut staff is the date the permit was endorsements will remain valid until an CDQ permit may be issued in a surrendered. FFP is amended to remove those subsequent fishing year to the CDQ (b) Federal fisheries permit (FFP) endorsements or the permit with these group entitled to a CDQ halibut endorsements is surrendered or allocation. Contact NMFS/RAM for * * * * * revoked. more information by telephone, locally (3) Vessel operations categories. An * * * * * at 907–586–7202 (Option #2) or toll–free FFP authorizes a vessel owner to deploy (d) * * * at 800–304–4846 (Option #2). a vessel to conduct operations in the (1) * * * (3) An individual must have onboard GOA or BSAI under the following (iii) An IFQ permit may be voluntarily the vessel a legible copy of his or her categories: Catcher vessel, catcher/ surrendered in accordance with halibut CDQ hired master permit issued processor, mothership, tender vessel, or paragraph (a)(9) of this section. An by the Regional Administrator while support vessel. A vessel may not be annual IFQ permit will not be reissued harvesting and landing any CDQ operated in a category other than as in the same fishing year in which it was halibut. Each halibut CDQ hired master specified on the FFP, except that a surrendered, but a new annual IFQ permit will identify a CDQ permit catcher vessel, catcher/processor, permit may be issued to the quota share number and the individual authorized mothership, or tender vessel may be holder of record in a subsequent fishing by the CDQ group to land halibut for operated as a support vessel. year. Contact NMFS/RAM for more debit against the CDQ group’s halibut (4) Duration—(i) Length of permit information locally at 907–586–7202 CDQ. A halibut CDQ hired master effectiveness. An FFP is in effect from (Option #2) or toll–free at 800–304–4846 permit may be voluntarily surrendered the effective date through the expiration (Option #2). in accordance with paragraph (a)(9) of date, unless it is revoked, suspended, (2) * * * this section. A halibut CDQ hired master surrendered in accordance with (iv) An IFQ hired master permit may permit may be reissued to the permit paragraph (a)(9) of this section, or be voluntarily surrendered in holder of record in the same fishing year

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in which it was surrendered. Contact the Regional Administrator will issue a may be voluntarily surrendered in NMFS/RAM for more information by Federal processor permit required by accordance with paragraph (a)(9) of this telephone, locally at 907–586–7202 this paragraph (f). section. A surrendered groundfish or (Option #2) or toll–free at 800–304–4846 (4) Duration—(i) Length of crab LLP license will cease to exist and (Option #2). effectiveness. An FPP is in effect from will not be subsequently reissued. * * * * * the effective date through the date of Contact NMFS/RAM for more (f) Federal processor permit (FPP) permit expiration, unless it is revoked, information by telephone, locally at * * * * * suspended, surrendered in accordance 907–586–7202 (Option #2) or toll–free at (2) Contents of an FPP application. To with paragraph (a)(9) of this section, or 800–304–4846 (Option #2). obtain an FPP, the owner must complete modified under § 600.735 or § 600.740 * * * * * an FPP application and provide the of this chapter. (l) * * * following information (see paragraphs (ii) Surrendered permit. An FPP may (1) * * * (f)(2)(i) through (v) of this section for be voluntarily surrendered in (ii) * * * each SFP and shoreside processor plant accordance with paragraph (a)(9) of this (C) Surrender of AFA permits. Except to be permitted): section. An FPP may be reissued to the for AFA inshore processor permits, AFA (i) New or amended permit. Indicate permit holder of record in the same permits may not be surrendered. whether application is for a new or fishing year in which it was * * * * * amended FPP; and if an amended surrendered. Contact NMFS/RAM for (iv) Amended permits. AFA vessel permit, provide the current FPP more information by telephone, locally and processor permits may not be used number. Indicate whether application is at 907–586–7202 (Option #2) or toll–free on or transferred to any vessel or for a shoreside processor or an SFP. at 800–304–4846 (Option #2). processor that is not listed on the (ii) Owner information. Indicate the (iii) Amended permit. An owner or permit. However, AFA permits may be name(s), permanent business mailing operator, who applied for and received amended by NMFS to reflect any change address, business telephone number, an FPP, must notify NMFS of any in the ownership of the vessel or business fax number, and business change in the permit information by processor after submittal of this email address of all owners, and if submitting an FPP application found at information to NMFS in a written letter. the NMFS website at http:// applicable, the name of any person or * * * * * alaskafisheries.noaa.gov. The owner or company (other than the owner) who (5) * * * operator must submit the application as manages the operations of the shoreside (ii) Surrender of permit. An AFA instructed on the application form. processor or SFP. inshore processor permit may be Upon receipt and approval of a permit (iii) SFP information. Indicate the voluntarily surrendered in accordance amendment, the Program Administrator, vessel name; whether this is a vessel of with paragraph (a)(9) of this section. RAM, will issue an amended FPP. the United States; USCG documentation The AFA inshore processor permit will number; ADF&G vessel registration * * * * * not be reissued in the same fishing year number; ADF&G processor code; the (g) * * * in which it was surrendered, but may be vessel’s LOA (ft); registered length (ft); (1) General requirements. (i) In reapplied for and if approved, reissued gross tonnage; net tonnage; shaft addition to the permit and licensing to the permit holder of record in a horsepower; homeport (city and state); requirements prescribed in this part, subsequent fishing year. Contact NMFS/ and whether choosing to receive a GOA each vessel within the EEZ off Alaska RAM for more information by inshore processing endorsement. A that is catching and retaining scallops, telephone, locally at 907–586–7202 GOA inshore processing endorsement is must have an original scallop LLP (Option #2) or toll–free at 800–304–4846 required in order to process GOA license onboard at all times it is (Option #2). catching and retaining scallops. This inshore pollock and GOA inshore * * * * * Pacific cod. scallop LLP license, issued by NMFS, authorizes the person named on the ■ 6. In § 679.5: (iv) Shoreside processor information. ■ A. Paragraphs (j) and (m) are removed Indicate the shoreside processor’s name; license to catch and retain scallops in compliance with State of Alaska and reserved. permanent business mailing address; ■ regulations and only with a vessel that B. Paragraphs (a) through (f), (g)(1) physical location of plant at which the introductory text, (h), (i), (l)(1)(iv), and shoreside processor is operating (street, does not exceed the maximum LOA specified on the license and the gear (l)(2) are revised. city, state, zip code); whether the The revisions read as follows: shoreside processor is replacing a designation specified on the license. previous processor at this facility (YES (ii) A scallop LLP license may be § 679.5 Recordkeeping and reporting or NO, and if YES, name of previous voluntarily surrendered in accordance (R&R). processor); whether multiple processing with paragraph (a)(9) of this section. A (a) General R&R requirements. R&R businesses are using this plant; whether surrendered scallop LLP license will requirements include, but are not the owner named in paragraph (f)(2)(ii) cease to exist and will not be limited to, paper and electronic of this section owns this plant; ADF&G subsequently reissued. Contact NMFS/ documentation, logbooks, forms, processor code; business telephone RAM for more information by reports, receipts, computer printouts, number; business fax number; and telephone, locally at 907–586–7202 and requests for inspection described in business e–mail address. (Option #2) or toll–free at 800–304–4846 this section and in § 679.28. (v) Signature. The owner or agent of (Option #2). (1) Groundfish logbooks and forms. (i) the owner of the shoreside processor or * * * * * The Regional Administrator will SFP must sign and date the application. (k) Licenses for license limitation prescribe and provide groundfish If the owner is a company, the agent of (LLP) groundfish or crab species logbooks required under this section. the owner must sign and date the * * * * * All groundfish forms required under application. (6) * * * this section are available from the (3) Issuance. Upon receipt of a (x) Surrender of groundfish or crab Alaska Region website at http:// properly completed permit application, LLP. A groundfish or crab LLP license alaskafisheries.noaa.gov or may be

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requested by calling the Sustainable (ii) Current editions. The operator (iii) Management program defined. A Fisheries Division at 907–586–7228 or must use the current edition of the ‘‘management program’’ is a unique faxing 907–586–7465. The forms may be logbooks and current format of the fishery program with a specific completed online, printed, and mailed forms. Upon approval from the Regional management strategy and/or allocation. or faxed to NMFS at the address or fax Administrator NMFS–approved Harvest that occurred under the number shown on the form. The forms electronic versions of the forms may be management programs listed in the also may be completed online, saved as used. Upon written notification and following table must be recorded a file, and submitted to NMFS as an approval by the Regional Administrator, separately in the logbooks, forms, and attachment to an e–mail to the e–mail logbooks from the previous year may be eLandings. address shown on the form. used.

If harvest made under . . . program Record the . . . For more information, see . . .

(A) Western Alaska Community Develop- CDQ group number subpart C of this part ment Quota (CDQ)

(B) Exempted Fishery Exempted fishery permit number § 679.6

(C) Research Fishery Research fishery permit number § 600.745(a) of this chapter

(D) Aleutian Islands Pollock (AIP) n/a subpart F of this part

(E) Open access (OA) [for recording in eLandings only] paragraph (e) of this section

(2) Responsibility. (i) The operator of non–groundfish (see Table 2d to this periods that are outside an open crab a catcher vessel, catcher/processor, part): season for use as crab bait onboard their mothership, or buying station receiving (i) Harvest information; vessel. groundfish from a catcher vessel and (ii) Receipt information from catcher (C) No groundfish species listed by delivering to a mothership (hereafter vessels and buying stations, including NMFS as ‘‘prohibited’’ in a management referred to as the operator) and the fish received from vessels not required or regulatory area may be taken in that manager of a shoreside processor, SFP, to have an FFP; and fish received under area for use as bait. or buying station receiving groundfish contract for handling or processing for (5) Inspection and retention of from a catcher vessel and delivering to another processor; records—(i) Inspection of records. The a shoreside processor or SFP (hereafter (iii) Discard or disposition operator or manager must make referred to as the manager) are each information, including fish reported but available for inspection the R&R responsible for complying with the not delivered to the operator or documentation in this section and in applicable R&R requirements in this manager, e.g., fish used onboard a § 679.28 upon the request of an section and in § 679.28. vessel, when receiving catch from a authorized officer. (ii) The owner of a vessel, shoreside catcher vessel or buying station; and (ii) Retention of records. The operator processor, SFP, or buying station is (iv) Transfer information, including or manager must retain the R&R responsible for compliance and must fish transferred out of the facility or off documentation described in this section ensure that the operator, manager, or the vessel. and in § 679.28: (4) Exemptions—(i) Catcher vessels representative (see paragraph (b) of this (A) On site. Retain these records on section) complies with the applicable less than 60 ft (18.3 m) LOA. Except for the vessel activity report described at site at the shoreside processor or SFP, R&R requirements in this section and in or onboard the vessel until the end of § 679.28. paragraph (k) of this section, the owner or operator of a catcher vessel less than the fishing year during which the (iii) The IFQ permit holder, IFQ hired 60 ft (18.3 m) LOA is not required to records were made and for as long master permit holder, or Registered comply with the R&R requirements of thereafter as fish or fish products Buyer must comply with the R&R this section. recorded in the R&R documentation are requirements provided at paragraphs (e), (ii) Catcher vessels that take retained. (g), (k), and (l) of this section. groundfish in crab pot gear for use as (B) For 3 years. Retain these records (iv) The CDQ permit holder, CDQ crab bait on that vessel. (A) Owners or for 3 years after the end of the fishing hired master permit holder, or operators of catcher vessels who, when year during which the records were Registered Buyer must comply with the crab is open anywhere or in the same made. R&R requirements provided at area as an open crab season, take (6) Maintenance of records. The paragraphs (e), (g), (k), and (l)(1) through groundfish in crab pot gear for use as operator or manager must maintain all (6) of this section. crab bait onboard their same vessels, records described in this section and in (3) Fish to be recorded and reported. and the bait is neither transferred nor § 679.28 in English and in a legible, The operator or manager must record sold, are not required to comply with timely, and accurate manner, based on and report the following information R&R requirements of this section. Alaska local time (A.l.t.); if handwritten, (see paragraphs (a)(3)(i) through (iv) of (B) This exemption does not apply to in indelible ink; if computer–generated, this section) for all groundfish (see fishermen who: as a legible printed paper copy. Table 2a to this part), prohibited species (1) Catch groundfish for bait during an (7) Custom processing. The manager (see Table 2b to this part) and forage fish open crab season and sell that of a shoreside processor or SFP or the (see Table 2c to this part). The operator groundfish or transfer it to another operator of a mothership must record or manager may record and report the vessel, or products that result from custom following information (see paragraphs (2) Participate in a directed fishery for processing for another person in (a)(3)(i) through (iv) of this section) for groundfish using any gear type during eLandings consistently throughout a

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fishing year using one of the following manager of responsibility for (iv) Two logbooks of different two methods: compliance under paragraphs (a)(1) operation. If a vessel functions both as (i) Combined records. Record through (6) of this section. a mothership and as a catcher/processor landings, discards or dispositions, and (c) Logbooks—(1) Requirements—(i) in the same fishing year, the operator(s) products of custom–processed Use of two or more vessel logbooks of must maintain two logbooks, a separate groundfish routinely in eLandings using same gear type. If using more than one logbook for each operation type, each processor name, FFP or FPP number, logbook of the same gear type in a separately paginated. and ADF&G processor code; or fishing year onboard a vessel, the (ii) Separate records. Record landings, operator must ensure that the page (v) Alteration of logbook information. discards or dispositions, and products numbers follow the consecutive order of (A) Except as described in paragraph of custom–processed groundfish in the previous logbook. (c)(1)(v)(B) of this section, no person eLandings identified by the name, FPP (ii) Use of two or more vessel logbooks may alter or change any entry or record number or FFP number, and ADF&G of different gear types. If two or more in a logbook. processor code of the associated different gear types are used onboard a (B) An inaccurate or incorrect entry or business entity. vessel in a fishing year, the operator(s) record must be corrected by lining out (b) Representative. The operator of a of this vessel must use the same number the original and inserting the correction, catcher vessel, mothership, catcher/ of separate vessel logbooks for the provided that the original entry or processor, or buying station delivering different gear types, each separately record remains legible. All corrections to a mothership or manager of a paginated. must be made in ink. shoreside processor, SFP, or buying (iii) Two vessel logbooks for pair station delivering to a shoreside trawl. If two vessels are dragging a trawl (vi) Logsheet distribution and processor or SFP may identify one between them (pair trawl), the operator submittal. (A) No person except an contact person to complete the logbook of each vessel must maintain a separate authorized officer may remove any and forms and to respond to inquiries logbook to record the amount of the original white logsheet of any logbook. from NMFS. Designation of a catch retained and fish discarded by (B) The operator must distribute and representative under this paragraph (b) that vessel. Each of the two logbooks submit logsheets as indicated in the does not relieve the owner, operator, or must be separately paginated. following table:

Logsheet Distribution and Submittal Logsheet found in these logbooks If logsheet Submit to ... Time limit color is ... CV lgl CV trw CP lgl CP trw MS

(1) White X X X X X Must retain, permanently bound in logbook

(2) Goldenrod X X X X X Observer After signature of oper- ator and prior to depar- ture of observer from the vessel.

(3) Yellow X X X X X Must submit quarterly to: On the following sched- NOAA Fisheries Office ule: for Law Enforcement 1st quarter by May 1 of Alaska Region Logbook that fishing year Program 2nd quarter by August 1 P.O. Box 21767 of that fishing year Juneau, AK 99802 1767 3rd quarter by Novem- Telephone: 907–586– ber 1 of that fishing year 7225 4th quarter by February 1 of the following fishing year

(4) Blue X X Mothership, shoreside Within 2 hours after processor, SFP, or buy- completion of catch de- ing station that receives livery the harvest

(5) Green X X Optional, but may be re- If required, after the ves- quired by IPHC (see §§ sel’s catch is off-loaded 300.60 through 300.65 of this chapter) Note: CP = catcher/processor; CV = catcher vessel; lgl = longline; trw = trawl; MS = mothership.

(2) Recording active and inactive time was active or inactive during the time Paragraph Fishing Category periods in the DFL or DCPL—(i) Account period. for each day of the fishing year. The (A) An active period by fishing (c)(3)(iv)(A)(1) Catcher vessel, longline or pot gear operator must account for each day of category is defined in the following the fishing year, January 1 through paragraphs under this section: (c)(3)(iv)(B)(1) Catcher/processor, December 31, in the DFL or DCPL and longline or pot gear indicate whether the vessel or processor

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Paragraph Fishing Category failure. If inactive due to surrender of a section, the operator of a catcher vessel FFP or FPP, write ‘‘surrender of permit’’ 60 ft (18.3 m) or greater LOA, using (c)(4)(iv)(A)(1) Catcher vessel, trawl as the reason for inactivity. fixed gear (NMFS), setline (IPHC), or pot gear (F) Record the date (mm/dd) of the gear to harvest IFQ sablefish, IFQ last day when inactive under ‘‘End halibut, or CDQ halibut from the GOA (c)(4)(iv)(B)(1) Catcher/processor, trawl gear date.’’ or BSAI, must maintain a longline and (iv) Inactive two or more quarters. If pot gear DFL. (c)(5)(ii) Shoreside processor or the inactive time period extends across (2) Except as described in paragraph SFP two or more successive quarters, the (f)(1)(ii) of this section, the operator of operator must complete a logsheet for a catcher/processor that is using (c)(6)(iv) Mothership each inactive quarter. The first logsheet longline or pot gear to harvest IFQ must indicate the first and last day of sablefish, IFQ halibut, or CDQ halibut (B) An inactive period is defined as a the first inactive quarter. Successive from the GOA or BSAI must use a time period other than active. logsheets must indicate the first and last combination of catcher/processor (ii) Record January 1 on page 1. The day of its respective inactive quarter. longline and pot gear DCPL and operator must record the first day of the (3) Longline and pot gear catcher eLandings to record and report daily fishing year, January 1, on page one of vessel DFL and catcher/processor processor identification information, the DFL or DCPL regardless of whether DCPL—(i) Responsibility—(A) catch–by–set halibut and sablefish the vessel or processor was active or Groundfish fisheries. (1) Except as landings data, and halibut, sablefish, inactive. The operator must record time described in paragraph (f)(1)(i) of this and prohibited species discard or periods consecutively. (iii) Required information for inactive section, the operator of a catcher vessel disposition data. periods. If inactive, the operator must 60 ft (18.3 m) or greater LOA, that is (C) CR crab fisheries. (1) The operator record the following information (see required to have an FFP under of a catcher vessel 60 ft (18.3 m) or paragraphs (c)(2)(iii)(A) through (F) of § 679.4(b) and that is using longline or greater LOA, using pot gear to harvest this section) on one logsheet in the DFL pot gear to harvest groundfish must CR crab from the BSAI must maintain a or DCPL: maintain a longline and pot gear DFL. longline and pot gear DFL. (A) If a catcher vessel, vessel name, (2) Except as described in paragraph (2) The operator of a catcher/ ADF&G vessel registration number, FFP (f)(1)(ii) of this section, the operator of processor that is using pot gear to number or Federal crab vessel permit a catcher/processor that is required to harvest CR crab from the BSAI must use number, operator printed name, have an FFP under § 679.4(b) and that a combination of catcher/processor operator signature, and page number. is using longline or pot gear to harvest longline and pot gear DCPL and (B) If a mothership or catcher/ groundfish must use a combination of eLandings to record and report daily processor, record vessel name, ADF&G catcher/processor longline and pot gear processor identification information, CR processor code, FFP number, operator DCPL and eLandings to record and crab landings data, and CR crab and printed name, operator signature, and report daily processor identification prohibited species discard or page number. information, catch–by–set information, disposition data. (C) Mark ‘‘inactive.’’ groundfish production data, and (ii) Data entry time limits—(A) (D) Record the date (mm/dd) of the groundfish and prohibited species Catcher vessel. The operator of a catcher first day when inactive under ‘‘Start discard or disposition data. vessel using longline or pot gear must date.’’ (B) IFQ halibut, CDQ halibut, and IFQ record in the DFL the information from (E) Write brief explanation why sablefish fisheries. (1) Except as the following table for each set within inactive, e.g., bad weather or equipment described in paragraph (f)(1)(i) of this the specified time limit:

DATA ENTRY TIME LIMITS, CATCHER VESSEL LONGLINE OR POT GEAR Required information Time limit for recording

(1) Set number, time and date gear set, time and date gear hauled, be- Within 2 hours after completion of gear retrieval ginning and end positions, CDQ group number, halibut CDQ permit number, halibut IFQ permit number, sablefish IFQ permit number, crab IFQ permit number, FFP number and/or Federal crab vessel permit number (if applicable), number of pots set, and estimated total hail weight for each set

(2) Discard and disposition information By noon each day to record the previous day’s discard and disposi- tion information

(3) Submit the blue DFL to mothership, shoreside processor, SFP, or Within 2 hours after completion of catch delivery buying station receiving catch

(4) All other required information Within 2 hours after the vessel’s catch is off-loaded, notwithstanding other time limits

(5) Operator sign the completed logsheets Within 2 hours after completion of catch delivery

(6) Submit goldenrod logsheet to the observer After signature of operator and prior to departure of observer from the vessel.

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(B) Catcher/processor. The operator of pot gear must record in the DCPL or following table for each set within the a catcher/processor using longline or eLandings the information from the specified time limit:

DATA ENTRY TIME LIMITS, CATCHER/PROCESSOR LONGLINE OR POT GEAR Record In Required information Time limit for recording DCPL eLandings

(1) Set number, time and date gear set, time and X X Within 2 hours after completion of gear retrieval date gear hauled, beginning and end positions, CDQ group number, halibut CDQ permit number, halibut IFQ permit number, sablefish IFQ permit number, crab IFQ permit number, FFP number and/or Federal crab vessel permit number (if ap- plicable), number of pots set, and estimated total hail weight for each set

(2) Discard and disposition information X By midnight each day to record the previous day’s discard and disposition information

(3) Product information X By noon each day to record the previous day’s production in- formation

(4) All other required information X X By noon of the day following completion of production

(5) Operator sign the completed logsheets X X By noon of the day following the week-ending date of the weekly reporting period

(6) Submit goldenrod logsheet to the observer X After signature of operator and prior to departure of observer from the vessel

(iii) Required information, if inactive. listed in paragraphs (c)(3)(v) and (vi) of (D) Other permit numbers (if See paragraph (c)(2) of this section. this section and must record in applicable). IFQ permit number of the (iv) Required information, if active— eLandings the information listed in operator, if any, and each permit (A) Catcher vessel, longline or pot gear. paragraphs (c)(3)(v), (vii), (viii), and (x) number of any IFQ permit on which (1) A catcher vessel using longline or of this section. anyone aboard is authorized to fish; pot gear is active when gear remains on (3) Retain and record discard groundfish CDQ group number; and the grounds in a reporting area (except quantities over the MRA. When a halibut CDQ permit number. reporting areas 300, 400, 550, or 690), catcher/processor is fishing in an IFQ (E) Reporting area—(1) Groundfish. regardless of the vessel location. fishery and the fishery for Pacific cod or Record the Federal reporting area code (2) If the catcher vessel identified in rockfish is closed to directed fishing but (see Figures 1 and 3 to this part) where paragraph (c)(3)(i)(A)(1) of this section not in PSC status in that reporting area gear retrieval was completed, regardless is active, the operator must record in the as described in § 679.20, the operator of where the majority of the set took DFL, for one or more days on each must retain and record up to and place. Use a separate logsheet for each logsheet, the information listed in including the MRA for Pacific cod or reporting area. paragraphs (c)(3)(v), (vi), (viii), (ix), and rockfish as defined in Table 10 or 11 to (2) IFQ halibut and CDQ halibut. (x) of this section. this part. Quantities over this amount Record the IPHC regulatory area (see (3) Retain and record discard must be discarded and recorded as Figure 15 to this part) where gear quantities over the MRA. When a discard in eLandings. retrieval was completed, regardless of catcher vessel is fishing in an IFQ (v) Identification information—(A) where the majority of the set took place. fishery and the fishery for Pacific cod or Page number. Number the pages in each (3) CR crab. Leave this field blank. rockfish is closed to directed fishing but logbook consecutively, beginning on the (F) Crew size. If a catcher vessel, not in PSC status in that reporting area first page of the DFL or DCPL with page record the number of crew members as described in § 679.20, the operator 1 for January 1 and continuing for the (including operator), excluding certified must retain and record up to and remainder of the fishing year. observer(s), on the last day of a trip. If including the maximum retainable (B) Printed name and signature of a catcher/processor, record the number amount (MRA) for Pacific cod or operator. The operator’s name must be of crew members (including operator), rockfish as defined in Table 10 or 11 to printed in the DFL or DCPL. The excluding certified observer(s), on the this part. Quantities over this amount operator must sign each completed last day of the weekly reporting period. must be discarded and recorded as logsheet of the DFL or DCPL as (G) Gear type. Use a separate logsheet discard in the logbook. verification of acceptance of the for each gear type. From the following (B) Catcher/processor, longline or pot responsibility required in paragraph table, indicate the gear type used to gear. (1) A catcher/processor using (a)(2) of this section harvest the fish and appropriate ‘‘gear longline or pot gear is active when (C) Vessel identification. Name of ID.’’ In addition, if using hook–and–line processing or when all or part of the vessel as displayed in official gear, enter the alphabetical letter that longline or pot gear is in the water. documentation; FFP number or Federal coincides with the gear description. If (2) If the catcher/processor identified crab vessel permit number of the vessel; gear information is the same on in paragraph (c)(3)(i)(A)(2) of this and ADF&G vessel registration number subsequent logsheets, mark the box section is active, the operator must if a catcher vessel or ADF&G processor instead of re–entering the gear type record in the DCPL the information code if a catcher/processor. information on the next logsheet.

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If gear format, A.l.t.), and the begin position nearest 0.001 mt. Use one line to record type is ... Then ... (latitude and longitude to the nearest information for each IR/IU species, minute; indicate E or W for longitude) including species code and amount of (1) Other If gear is other than those list- when the jig or troll gear enters the catch. If more than one IR/IU species are gear ed within this table, indicate water. to be recorded, the operator must use a ‘‘Other’’ and describe (3) Pot gear begin position. Record separate line for each species. (2) Pot Enter the number of pots lost date (mm/dd), time (in military format, (J) IFQ halibut and CDQ halibut. gear (optional, but may be required A.l.t.), and the begin position (latitude Estimated total net weight of IFQ by IPHC regulations (see §§ and longitude to the nearest minute; halibut and CDQ halibut to the nearest 300.60 through 300.65 of this indicate E or W for longitude) when the pound. chapter)) and number of pots pot gear enters the water. (K) IFQ sablefish. Number and set (C) Gear retrieval (or to haul gear)— estimated total round weight of IFQ (1) Hook–and–line gear end position. sablefish to the nearest pound. Indicate (3) Hook- Indicate: Date (mm/dd), time (in military format, whether IFQ sablefish product is and-line (i) Whether gear is fixed hook gear (conventional or tub), autoline, A.l.t.), and end position coordinates (in Western cut, Eastern cut, or round or snap (optional, but may be latitude and longitude to the nearest weight. required by IPHC regulations minute; indicate E or W for longitude), (L) CR crab. If in a CR crab fishery, (see §§ 300.60 through 300.65 where the last hook–and–line gear of a record the number and scale weight of of this chapter)) set leaves the water, regardless of where raw CR crab to the nearest pound. the majority of the set took place. (vii) Product information, catcher/ (ii) Length of skate to the near- (2) Jig or troll gear end position. Date processor. The operator of a catcher/ est foot (optional, but may be (mm/dd), time (in military format, processor using longline or pot gear required by IPHC regulations A.l.t.), and end position coordinates (in must record groundfish product (see §§ 300.60 through 300.65 information for all retained groundfish of this chapter)), number of latitude and longitude to the nearest skates lost (optional, but may minute; indicate E or W for longitude) in eLandings (see paragraph (e)(10) of be required by IPHC regula- where the jig or troll gear leaves the this section). tions (see §§ 300.60 through water. (viii) Discard or disposition 300.65 of this chapter)), and (3) Pot gear end position. Date (mm/ information, catcher vessel. The number of skates set dd), time (in military format, A.l.t.), and operator must record in a DFL the end position coordinates (in latitude discard or disposition information that (iii) Number of hooks per skate and longitude to the nearest minute; occurred prior to and during delivery to (optional, but may be required indicate E or W for longitude) where the a buying station, mothership, shoreside by IPHC regulations (see §§ processor, or SFP. Discard or 300.60 through 300.65 of this last pot of a set is retrieved, regardless chapter)), size of hooks, and of where the majority of the set took disposition information must include hook spacing in feet place. the daily weight of groundfish, daily (D) Begin and end buoy or bag weight of herring PSC, and daily (iv) Seabird avoidance gear numbers. (optional, but may be required number of PSC animals. If no discard or code(s) (see § 679.24(e) and by IPHC regulations (see §§ 300.60 disposition occurred for a given day, the Table 19 to this part) through 300.65 of this chapter)). operator must write ‘‘no discards or (E) Begin and end gear depths. disposition.’’ (H) Management program. Indicate Recorded to the nearest fathom (A) Enter discard or disposition whether harvest occurred under a (optional, but may be required by IPHC information by species codes and management program (see paragraph regulations (see §§ 300.60 through product codes as follows: (a)(1)(iii) of this section). Use a separate 300.65 of this chapter)). (1) Date (mm/dd) of discard or logsheet for each management program. (F) Species codes. The operator must disposition (day that discard or If harvest is not under one of the listed record and report required information disposition occurred). management programs, leave blank. for all groundfish (see Table 2a to this (2) For whole fish discard or (I) Observer information. Record the part), prohibited species (see Table 2b to disposition of groundfish or Pacific number of observers aboard, the name of this part), and forage fish (see Table 2c herring PSC, daily estimated total the observer(s), and the observer cruise to this part). The operator may record weight, balance forward weight from the number(s). and report information for non– previous day, and cumulative total (vi) Catch–by–set information. The groundfish (see Table 2d to this part). weight since last delivery for each operator must record the following (G) Target species code. Enter the species; indicate whether weight is information (see paragraphs (c)(3)(vi)(A) species code of the intended species to estimated to the nearest pound or through (L) of this section) for each set be harvested. Enter only one target nearest 0.001 mt. (see § 679.2) in the DFL or DCPL. If no species code. (3) For whole fish discard or catch occurred for a given day, write (H) Estimated total hail weight. Enter disposition of each prohibited species ‘‘no catch.’’ the estimated hail weight, which is an (Pacific salmon, steelhead trout, Pacific (A) Set number. Sequentially by year. estimate of the total weight of the entire halibut, king crabs, and Tanner crabs) (B) Gear deployment (or to set gear)— catch without regard to species. Indicate record the daily estimated total number, (1) Hook–and–line gear begin position. whether weight is estimated to the balance forward from the previous day, Record date (mm/dd), time (in military nearest pound or to the nearest 0.001 and cumulative total number since the format, A.l.t.), and the begin position (in mt. last delivery. latitude and longitude to the nearest (I) IR/IU species (see § 679.27). If a (4) Summarize the weekly cumulative minute; indicate E or W for longitude) catcher/processor, enter species code of discard and disposition totals of when the first hook–and–line gear of a IR/IU species and estimated total round groundfish weights and number of PSC set enters the water. weight for each IR/IU species, if animals separately by reporting area, (2) Jig or troll gear begin position. applicable; indicate whether weight is management program, and gear type. Record date (mm/dd), time (in military estimated to the nearest pound or the Determine the weekly cumulative total

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by adding daily totals and the balance to a buying station, mothership, logsheets per day. Upon notification by carried forward from the day before. shoreside processor, or SFP: the Regional Administrator, a DFL from (B) The operator must record ‘‘0’’ or (A) Date (mm/dd) that delivery of the previous year may be used. harvest was completed. zero balance forward and start a new (B) Except as described in paragraph (B) ADF&G fish ticket issued to (f)(1)(iv) of this section, the operator of logsheet after the offload or transfer of operator by the recipient, Registered all fish or fish product onboard and a catcher/processor that is required to Buyer, or RCR receiving the delivery. have an FFP under § 679.4(b) and that prior to the beginning of each fishing (C) Name of recipient, Registered is using trawl gear to harvest groundfish trip. Nothing shall be carried forward Buyer, or RCR. from the previous fishing trip. (D) For the unloading port, enter the is required to use a combination of name of the port or port code (see catcher/processor trawl gear DCPL and (ix) Discard or disposition eLandings to record and report daily information, catcher/processor. The Tables 14a and 14b to this part) of delivery location. processor identification information, operator of a catcher/processor using catch–by–haul landings information, longline or pot gear must record all (4) Trawl gear catcher vessel DFL and catcher/processor DCPL—(i) groundfish production data, and discard or disposition information in Responsibility. (A) Except as described groundfish and prohibited species eLandings (see paragraph (e)(10) of this in paragraph (f)(1)(iii) of this section, discard or disposition data. section). the operator of a catcher vessel 60 ft (ii) Data entry time limits—(A) (x) Catcher vessel delivery (18.3 m) or greater LOA, that is required Catcher vessel. The operator of a catcher information. The operator of a catcher to have an FFP under § 679.4(b), and vessel using trawl gear must record in vessel must enter the following that is using trawl gear to harvest the DFL the information in the information (see paragraphs (c)(3)(x)(A) groundfish must maintain a trawl gear following table for each haul within the through (D) of this section) for delivery DFL, must complete one or more specified time limit:

DATA ENTRY TIME LIMITS, CATCHER VESSEL TRAWL GEAR Required information Time limit for recording

(1) Haul number, time and date gear set, time and date gear hauled, Within 2 hours after completion of gear retrieval beginning and end positions, CDQ group number (if applicable), and total estimated hail weight for each haul

(2) Discard and disposition information By noon each day to record the previous day’s discard and disposi- tion information

(3) Submit blue DFL to mothership, shoreside processor, SFP, or buy- Within 2 hours after completion of catch delivery ing station receiving the catch

(4) Record all other required information Within 2 hours after the vessel’s catch is off-loaded, notwithstanding other time limits

(5) Operator sign the completed logsheets Within 2 hours after completion of catch delivery

(6) Submit the goldenrod logsheet to the observer After signature of operator and prior to departure of observer from the vessel.

(B) Catcher/processor. The operator of must record in the DCPL or eLandings for each haul within the specified time a catcher/processor using trawl gear the information in the following table limit:

DATA ENTRY TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR Record In Required information Time limit for recording DCPL eLandings

(1) Haul number, time and date gear set, time X X Except for Rockfish Pilot Program, within 2 hours after comple- and date gear hauled, begin and end positions of tion of gear retrieval. gear, CDQ group number (if applicable), and total For Rockfish Pilot Program, actual scale weight from the flow estimated hail weight for each haul, or if required scale may be recorded within 24 hours after completion of to use a NMFS approved scale, the scale weight gear retrieval. for each haul

(2) Discard and disposition information X By midnight each day to record the previous day’s discard and disposition information

(3) Record product information X By noon each day to record the previous day’s production in- formation

(4) Record all other required information X X By noon of the day following completion of production to record all other required information

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DATA ENTRY TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR Record In Required information Time limit for recording DCPL eLandings

(5) Operator sign the completed logsheets X X By noon of the day following the week-ending date of the weekly reporting period

(6) Submit the goldenrod logsheet to the observer X After signature of operator and prior to departure of observer from the vessel.

(iii) Required information, if inactive. (E) Federal reporting area. Record the E or W for longitude) where the trawl See paragraph (c)(2) of this section. Federal reporting area code where gear net enters the water. (iv) Required information, if active— retrieval was completed, regardless of (C) Gear retrieval (or to haul gear). (A) Catcher vessel. (1) A catcher vessel where the majority of the set took place. Record the following information (see using trawl gear is active when all or Use a separate logsheet for each paragraphs (c)(4)(vi)(C)(1) and (2) of this part of the trawl net is in the water. reporting area. section) for trawl gear retrieval: (2) If the catcher vessel identified in (F) COBLZ or RKCSA. If gear retrieval (1) The date (mm/dd) and time (in paragraph (c)(4)(i)(A) of this section is occurred in the COBLZ (see Figure 13 to military format, A.l.t.) when retrieval of active, the operator must record for one this part) or RKCSA (see Figure 11 to trawl gear cable begins. day per logsheet in the DFL, the this part) area within a reporting area, (2) The position (in latitude and information described in paragraphs use two separate logsheets, the first to longitude to the nearest minute; indicate (c)(4)(v), (vi), (viii), and (x) of this record the information from the E or W for longitude) where retrieval of section. reporting area that includes COBLZ or trawl gear cable begins. (B) Catcher/processor. (1) A catcher/ RKCSA, and the second to record the (D) Average sea depth and average processor using trawl gear is active information from the reporting area that gear depth. Average sea depth and when processing groundfish or when all does not include COBLZ or RKCSA. average gear depth; indicate whether or part of the trawl net is in the water. (G) Crew size. If a catcher vessel, average is reported to the nearest meter record the number of crew members or fathom. (2) If the catcher/processor identified (E) Species codes. The operator must (including operator), excluding certified in paragraph (c)(4)(i)(B) of this section is record and report the required observer(s), on the last day of a trip. If active, the operator must record for one information for all groundfish (see Table a catcher/processor, record the number day per logsheet in the DCPL, the 2a to this part), prohibited species (see of crew members (including operator), information described in paragraphs Table 2b to this part), and forage fish excluding certified observer(s), on the (c)(4)(v) and (vi) of this section and (see Table 2c to this part). The operator last day of the weekly reporting period. record in eLandings the information may also record and report the required (H) Gear type. Use a separate logsheet described in paragraphs (c)(4)(v), (vii), information for non–groundfish (see for each gear type. Indicate whether and (ix) of this section. Table 2d to this part). (v) Identification information. If pelagic trawl or non–pelagic trawl gear (F) Target species code. Enter the active, the operator must record the was used to harvest the fish. species code of the species to be following information (see paragraphs (I) Management program. Indicate harvested. Enter only one target species (c)(4)(v)(A) through (J) of this section): whether harvest occurred under one of code. (A) Date. Enter date of each day (mm/ the management programs (see (G) IR/IU species (see § 679.27). If a dd/yyyy). This date is also the date of paragraph (a)(1)(iii) of this section). Use catcher/processor, enter species code of gear deployment. a separate logsheet for each management IR/IU species and estimated total round (B) Page number. Number the pages in program. If harvest is not under one of weight for each IR/IU species, if each logbook consecutively, beginning the listed management programs, leave applicable; indicate whether estimated on the first page of the DFL or DCPL blank. weight is to the nearest pound or the with page 1 for January 1 and (J) Observer information. Record the nearest 0.001 mt. Use one line to record continuing for the remainder of the number of observers aboard, the name of information for each IR/IU species, fishing year. the observer(s), and the observer cruise including species code and amount of (C) Printed name and signature of number(s). catch. If more than one IR/IU species are operator. The operator’s name must be (vi) Catch–by–haul information. The to be recorded, the operator must use a printed in the DFL or DCPL. The operator must record the following separate line for each species. operator must sign each completed information (see paragraphs (c)(4)(vi)(A) (H) Total estimated hail weight. (1) If logsheet of the DFL or DCPL as through (H) of this section) for each haul a catcher vessel or catcher/processor verification of acceptance of the (see § 679.2). If no catch occurred for a using trawl gear and not using NMFS– responsibility required in paragraph given day, write ‘‘no catch.’’ approved scales, the operator must (a)(2) of this section. The operator’s (A) Haul number. Number hauls record the hail weight of each haul; total signature is due by noon of the day sequentially by year. hail weight is an estimate of the total following the week–ending date of the (B) Gear deployment (or to set gear). weight of the entire catch without weekly reporting period. Record the following information (see regard to species. Indicate whether (D) Vessel identification. Name of paragraphs (c)(4)(vi)(B)(1) and (2) of this estimated weight is to the nearest pound vessel as displayed in official section) for trawl gear deployment: or to the nearest 0.001 mt. documentation; FFP number of the (1) The time (in military format, A.l.t.) (2) If a catcher/processor using trawl vessel; ADF&G vessel registration when the trawl net enters the water, and gear is required to use a NMFS– number if a catcher vessel; and ADF&G (2) The position (latitude and approved scale, the operator must processor code if a catcher/processor. longitude to the nearest minute; indicate record the scale weight of each haul

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without regard to species. Indicate number since last delivery of PSC (5) Shoreside processor DCPL. The whether weight is to the nearest pound animals (Pacific salmon, steelhead trout, shoreside processor DCPL has been or to the nearest 0.001 mt. Pacific halibut, king crabs, and Tanner replaced by eLandings and is no longer (vii) Product information, catcher/ crabs). available. (See paragraph (e) of this processor. The operator of a catcher/ (D) Discard and disposition section.) processor using trawl gear must record cumulative total. Summarize (i) Required information, if inactive. all product information for all retained cumulative discard and disposition See paragraph (c)(2) of this section. groundfish in eLandings (see paragraph totals of groundfish and PSC animals (e)(10) of this section). separately by reporting area, if harvest (ii) Required information, if active. A (viii) Discard or disposition occurred in the COBLZ or RKCSA, shoreside processor or SFP is active information, catcher vessel. The management program, and gear type. when receiving or processing operator must record in a DFL (see (E) Discard zero balance forward. groundfish. paragraphs (c)(4)(viii)(A) through (E) of After the offload or transfer of all fish or (6) Mothership DCPL—(i) this section) the discard or disposition fish product onboard and prior to the Responsibility. Except as described in that occurred prior to and during beginning of each fishing trip, the paragraph (f)(1)(v) of this section, the delivery to a buying station, mothership, operator must record the balance operator of a mothership that is required shoreside processor, or SFP. If no forward from the previous day as ‘‘zero’’ to have an FFP under § 679.4(b) and that discards or disposition occurred on a and start a new logsheet. At the receives or processes any groundfish given day, write ‘‘no discards or beginning of each fishing trip, nothing from the GOA or BSAI from vessels disposition.’’ shall be carried forward from the issued an FFP under § 679.4(b) is (A) Species code and product code. previous fishing trip. required to use a combination of Record the species code and product (ix) Discard or disposition mothership DCPL and eLandings to code for all discards and disposition of information, catcher/processor. The record and report daily processor groundfish and PSC Pacific herring, operator of a catcher/processor using identification information, delivery Pacific salmon, steelhead trout, Pacific trawl gear must record discard or information, groundfish production halibut, king crabs, and Tanner crabs. disposition information in eLandings data, and groundfish and prohibited (B) Discard and disposition weight. (see paragraph (e)(10) of this section). Record the daily estimated total round species discard or disposition data. The (x) Catcher vessel delivery operator must enter into the DCPL any weight of groundfish or Pacific herring information. The operator must enter PSC discards and disposition, balance information for groundfish received the following delivery information (see from catcher vessel, groundfish received forward weight from the previous day, paragraphs (c)(4)(x)(A) through (C) of and cumulative total weight since last from processors for reprocessing or this section) for groundfish delivered to rehandling, and groundfish received delivery, calculated by adding the daily a buying station, mothership, shoreside totals and balance carried forward from from an associated buying station processor, or SFP: documented on a BSR. the day before; indicate whether (A) Date (mm/dd) that delivery of estimated weight is to the nearest pound harvest was completed, (ii) Data entry time limits. The or nearest 0.001 mt. (B) ADF&G fish ticket number issued operator of a mothership must record in (C) PSC discard numbers. Record the to operator by the recipient receiving the DCPL or eLandings the information daily number of PSC discards and the delivery, and in the following table for each disposition, balance forward from the (C) Name and ADF&G processor code groundfish delivery within the specified previous day, and cumulative total of recipient. time limit:

DATA ENTRY TIME LIMITS, MOTHERSHIP Record In Required information Time limit for recording DCPL eLandings

(A) All catcher vessel or buying station delivery X X Within 2 hours after completion of receipt of each groundfish information delivery

(B) Product information X By noon each day to record the previous day’s production

(C) Discard or disposition information X By noon each day to record the previous day’s discard/disposi- tion

(D) All other required information X X By noon of the day following completion of production

(E) Operator sign the completed logsheets X X By noon of the day following the week-ending date of the weekly reporting period

(F) Submit the goldenrod logsheet to the ob- X After signed by the operator and prior to departure of observer server from the mothership.

(iii) Required information, if inactive. section is active, the operator must information described in paragraphs See paragraph (c)(2) of this section. record for one day per logsheet in the (c)(6)(v), (vii), and (viii) of this section. (iv) Required information, if active. A DCPL, the information described in (v) Identification information. If mothership is active when receiving or paragraphs (c)(6)(v) and (vi) of this active, the operator must record the processing groundfish. If the mothership section and record in eLandings the following information (see paragraphs identified in paragraph (c)(6)(i) of this

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(c)(6)(v)(A) through (J) of this section) in (B) Non–submittal of discard report. ticket number that the mothership the DCPL: Indicate whether the blue logsheet was issued to each catcher vessel. If (A) Page number. Number the pages received from the catcher vessel at the receiving unprocessed groundfish from in each logbook consecutively, time of catch delivery. If the delivery an associated buying station, record the beginning with page 1 for January 1 and was from a buying station, leave this ADF&G fish ticket numbers issued by continuing throughout the logbook for column blank. If the blue logsheet is not the buying station on behalf of the the remainder of the fishing year. received from the catcher vessel, enter mothership to the catcher vessel. (B) Printed name and signature of ‘‘NO’’ and one of the response codes in (vii) Product information. The operator. The operator’s name must be the following table to describe the operator of a mothership must record all printed in the DCPL. The operator must reason for non–submittal. groundfish product information in sign each completed DCPL logsheet as eLandings (see paragraph (e)(10) of this verification of acceptance of the NON-SUBMITTAL OF DIS- CODE section), including products made from responsibility required in paragraph CARD REPORT unprocessed groundfish deliveries (a)(2) of this section. received from a buying station or a (1) The catcher vessel does ‘‘P’’ catcher vessel; groundfish received from (C) Vessel information. Name of not have an FFP mothership as displayed in official another processor or other source; and documentation, FFP number, and (2) The catcher vessel is ‘‘P’’ groundfish received for custom ADF&G processor code. under 60 ft (18.3 m) LOA and processing (see paragraph (a)(7) of this (D) Date. Enter date (mm/dd/yyyy) of does not have an FFP section) by the mothership for another each operating day. processor or business entity. (3) The catcher vessel is ‘‘L’’ (E) Crew size. Record the number of (viii) Discard or disposition under 60 ft (18.3 m) LOA and information. The operator of a crew members (including operator), has an FFP excluding certified observer(s), on the mothership must record discard and last day of the weekly reporting period. (4) The catcher vessel deliv- ‘‘U’’ disposition information in eLandings (F) Gear type. Indicate the gear type ered an unsorted codend (see paragraph (e)(10) of this section). of harvester. If gear type is other than The discard or disposition information those listed, circle ‘‘Other’’ and (5) Another reason; describe ‘‘O’’ must include: circumstances describe. Use a separate logsheet for (A) Discards and disposition that each gear type. occurred onboard after receipt of (C) Vessel identification. Name and groundfish from a catcher vessel or (G) Federal reporting areas. Record ADF&G vessel registration number of buying station; Federal reporting area code (see Figures the catcher vessel or buying station (if (B) Discards and disposition that 1 and 3 to this part) where harvest was applicable) delivering the groundfish. occurred prior to, during, and after completed. Use a separate logsheet for (D) Receipt time. Record time (in processing of groundfish; each reporting area. military format, A.l.t.) when receipt of (C) Discards and disposition that were (H) COBLZ or RKCSA. If groundfish groundfish delivery was completed. reported on a blue DFL received from a was harvested with trawl gear in the (E) Beginning position of receipt. catcher vessel delivering groundfish; COBLZ or RKCSA, use two separate Record the position coordinates (in (D) Discards and disposition that are logsheets to record the information: one latitude and longitude to the nearest recorded on a blue DFL received from logsheet for the reporting area that minute; indicate E or W for longitude) a catcher vessel even though no includes COBLZ or RKCSA, and a where receipt of the groundfish delivery groundfish are delivered; and second logsheet to record the began. (E) Discards and disposition reported information from the reporting area that (F) Estimated total groundfish hail on a BSR received from a buying station does not include COBLZ or RKCSA. weight. Enter the estimated total hail delivering groundfish, if different from (I) Observer information. Record the weight of the combined species of each the blue DFL logsheets submitted by number of observers aboard, the name(s) delivery from a catcher vessel or buying catcher vessels to the buying station. of the observer(s), and the observer station. Total estimated hail weight is an (d) Buying Station Report (BSR)—(1) cruise number(s). estimate of the total weight of the entire Responsibility—(i) Separate BSR. In (J) Management program. Indicate catch without regard to species. Indicate addition to the information required at whether harvest occurred under one of whether the estimated weight is to the paragraphs (a)(5) and (6) of this section, the management programs (see nearest pound or to the nearest 0.001 the operator or manager of a buying paragraph (a)(1)(iii) of this section). Use mt. If a catcher vessel reported discards station that receives or delivers a separate logsheet for each management on a blue DFL but did not deliver groundfish harvested from the GOA or program. If harvest is not under one of groundfish, enter ‘‘0’’ in this column. BSAI in association with a shoreside the listed management programs, leave (G) IR/IU species (see § 679.27). Enter processor or SFP as defined in blank. the species code of IR/IU species and paragraph (c)(5) of this section or a (vi) Delivery information. The the estimated total round weight for mothership as defined in paragraph operator must record delivery each IR/IU species, if applicable; (c)(6) of this section, must complete and information (see paragraphs (c)(6)(vi)(A) indicate whether estimated weight is to retain a separate BSR for each delivery through (H) of this section) when the nearest pound or the nearest 0.001 of unprocessed groundfish or donated unprocessed groundfish deliveries are mt. Use one line to record information prohibited species received from a received by the mothership from a for each IR/IU species, including species catcher vessel on behalf of an associated buying station or a catcher vessel. If no code and amount of catch. If more than processor. deliveries are received for a given day, one IR/IU species are to be recorded, the (ii) BSR attachments. The operator or write ‘‘no deliveries.’’ operator must use a separate line for manager must ensure that the following (A) Type of delivery. Enter ‘‘CV’’ or each species. (see paragraphs (d)(1)(ii)(A) through (C) ‘‘BS’’ to indicate if delivery was from a (H) ADF&G fish ticket numbers. If of this section) accompanies each catcher vessel or buying station, receiving unprocessed groundfish from groundfish delivery from the landing respectively. a catcher vessel, record the ADF&G fish site to the associated processor:

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(A) A complete and accurate BSR that (v) Gear type. Indicate gear type of (E) Estimated total groundfish hail describes the delivery; harvester. weight. Enter the estimated total (B) Any blue DFL logsheets or (vi) Federal reporting area. Indicate groundfish hail weight or actual scale equivalent printed ELB discard reports Federal reporting area (see Figures 1 and weight of delivery. Estimated total hail received from a catcher vessel; and 3 to this part) from which groundfish weight is an estimate of the total weight (C) Copies of all ADF&G fish tickets were harvested. of the entire catch without regard to issued to the catcher vessel on behalf of (vii) Crab protection areas. If species. Indicate whether to the nearest the associated processor. harvester gear type was trawl and gear pound or to the nearest 0.001 mt. (iii) The operator of a catcher vessel, retrieval occurred in the COBLZ or (x) Discard and disposition by prior arrangement with an associated RKCSA (see Figures 11 and 13 to this information—(A) Discard. The operator processor, may function as a buying part), use two separate BSRs to record or manager of a buying station must station for his own catch as follows: the information: one BSR for the record in a BSR, discard or disposition (A) By shipping his groundfish catch reporting area that includes COBLZ or information that: with a copy of the BSR directly to that RKCSA, and a second BSR to record the (1) Occurred on and was reported by processor via truck or airline in the information from the reporting area that a catcher vessel on a blue logsheet; event that the processor is not located does not include COBLZ or RKCSA. (2) Occurred on the buying station where the harvest is offloaded; or prior to delivery to an associated (viii) Associated processor. Enter the (B) By driving a truck that contains processor; and his catch and a copy of the BSR to the name, ADF&G processor code, FFP (3) Was recorded on a blue logsheet processor. number or FPP number of the associated submitted to the buying station by a (2) Data entry time limits. The processor, date (mm/dd/yyyy) and time catcher vessel when no groundfish were operator or manager of a buying station (A.l.t., military format) delivery was delivered by the catcher vessel (for must record in the BSR all required completed. example, disposition code 95 describes information and sign the BSR within 2 (ix) Catcher vessel delivery fish or fish products eaten onboard or hours of completion of delivery from a information—(A) Catcher vessel taken off the vessel for personal use). catcher vessel. identification. Name and ADF&G vessel (B) No discards. If no discards or (3) Required information, if inactive. registration number of catcher vessel disposition for a delivery, write ‘‘no The operator or manager of a buying making the delivery. discards.’’ station is not required to record (B) Non–submittal of discard report. (C) Discard or disposition weight. information if inactive. Indicate whether the blue logsheet was Total discard or disposition weight of (4) Required information, if active. A received from the catcher vessel at the groundfish and herring PSC by species buying station is active when receiving, time of catch delivery. If the blue code and product code (indicate discarding, or delivering groundfish for logsheet is not received from the catcher whether to nearest pound or to the an associated processor. The operator or vessel, enter ‘‘NO’’ and one of the nearest 0.001 mt). manager of a buying station must record following response codes to describe the (D) PSC discard or disposition the following information (see reason for non–submittal. numbers. Total PSC discard or paragraphs (d)(4)(i) through (x) of this disposition number of animals by section) on a BSR for each delivery: NON-SUBMITTAL OF DIS- CODE species code and product code. (i) Original/revised report. If a BSR is CARD REPORT (e) Interagency Electronic Reporting the first submitted to the Regional (1) The catcher vessel does ‘‘P’’ System (IERS) and eLandings—(1) Administrator for a given date, gear not have an FFP Responsibility—(i) Hardware, software, type, and reporting area, indicate and Internet connectivity. A User must ‘‘ORIGINAL REPORT.’’ If a report is a (2) The catcher vessel is ‘‘P’’ obtain at his or her own expense correction to a previously submitted under 60 ft (18.3 m) LOA and hardware, software, and Internet BSR for a given date, gear type, and does not have an FFP connectivity to support Internet reporting area, indicate ‘‘REVISED submissions of commercial fishery REPORT.’’ (3) The catcher vessel is ‘‘L’’ landings for which participants report to under 60 ft (18.3 m) LOA and (ii) Identification of buying station. has an FFP NMFS: landings data, production data, Enter name and ADF&G vessel and discard or disposition data. The registration number if a vessel; or name, (4) The catcher vessel deliv- ‘‘U’’ User must enter this information via the license number, and state of license ered an unsorted codend Internet by logging on to the eLandings issuance if a vehicle. The name should system at http://elandings.alaska.gov or be recorded as it is displayed in official (5) Another reason; describe ‘‘O’’ other NMFS–approved software or by documentation. circumstances using the desktop client software. (iii) Operator or manager name and (ii) Reporting of non–IFQ groundfish. signature. The operator or manager must (C) ADF&G fish ticket number. Enter If the User is unable to submit sign the completed BSR prior to ADF&G fish ticket number issued to commercial fishery landings of non–IFQ delivery of harvest to a mothership, catcher vessel. groundfish due to hardware, software, shoreside processor, or SFP. This (D) Species codes and scale weight. In or Internet failure for a period longer signature is verification by the operator addition to recording the estimated total than the required reporting time, contact or manager of acceptance of the delivery weight or actual scale weight of NMFS Inseason Management at 907– responsibility required in paragraphs a catcher vessel delivery, if the operator 586–7228 for instructions. When the (d)(1) and (2) of this section. or manager of the buying station sorted hardware, software, or Internet is (iv) Management program. Indicate the delivery prior to delivery to an restored, the User must enter this same whether harvest occurred under a associated processor, he or she may information into eLandings or other management program (see paragraph enter specific species code and scale NMFS–approved software. (a)(1)(iii) of this section). If harvest is weights of individual species to the (iii) Reporting of IFQ crab, IFQ not under one of the listed management BSR; indicate whether to the nearest halibut, and IFQ sablefish. If the User is programs, leave blank. pound or to the nearest 0.001 mt. unable to submit commercial fishery

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landings of IFQ crab, IFQ halibut, CDQ (3) Information required for eLandings applicable FFP number, FPP number, halibut, or IFQ sablefish due to processor registration form. The User Registered Buyer permit number, and hardware, software, or Internet failure must enter the following information Registered Crab Receiver permit for a period longer than the required (see paragraphs (e)(3)(i) through (ix) of number. reporting time, or a change must be this section) to obtain operation (ix) UserID registration for primary made to information already submitted, registration and UserID registration: User. Each operation requires a primary the User must complete an IFQ manual (i) Operation type. Select the User. Enter the following information landing report. Manual landing operation type from the dropdown list for the primary User for the new instructions must be obtained from OLE, according to the following table: operation: create and enter a UserID, Juneau, AK, at 800–304–4846 (Select initial password, company name, User Option 1). For this Federal Enter one of these name (name of the person who will use eLandings operation the UserID), city and state where the (A) The User must complete all category: types: questions on the manual report, even if operation is located, business telephone only one item has changed. The (A) Shoreside (1) Plant/receiver number, business fax number, business following additional information is processor or SFP e–mail address, security question, and required: whether the report is original security answer. or revised, name, telephone number, (2) Custom processing (4) Information entered automatically and fax number of individual for eLandings landing report. eLandings (B) Mothership At-sea submitting the manual landing report. autofills the following fields from (B) The User must fax the IFQ manual processor registration records (see (C) Catcher/proc- At-sea paragraph (e)(2) of this section): UserID, landing report to 907–586–7313. essor (C) The User must retain the paper processor company name, business copies of IFQ manual landing reports as (D) Buying station (1) Tender telephone number, e–mail address, port indicated at paragraph (a)(5) of this of landing, ADF&G processor code, and (2) Buying station section and make them available upon Federal permit number. The User must request of NMFS observers and review the autofilled cells to ensure that (ii) Operation name. Enter a name authorized officers as indicated at they are accurate for the landing that is that will refer to the specific operation. paragraph (a)(6) of this section. taking place. eLandings assigns a unique For example, if the plant is in Kodiak (2) eLandings processor registration. landing report number and an ADF&G and the company is East Pacific electronic fish ticket number upon (i) Before a User can use the eLandings Seafoods, the operation name might system to report landings, production, completion of data entry. read ‘‘East Pacific Seafoods–Kodiak.’’ (5) Shoreside processor or SFP discard or disposition data, he or she (iii) ADF&G processor code. Enter landings report. The manager of a must request authorization to use the ADF&G processor code. shoreside processor or SFP that receives system, reserve a unique UserID, and (iv) Federal permit number. Enter all groundfish from a catcher vessel issued obtain a password by using the Internet the federal permits associated with the an FFP under § 679.4 and that is to complete the eLandings processor operation. required to have an FPP under § 679.4(f) registration at https:// (A) Groundfish shoreside processor or must use eLandings or other NMFS– elandings.alaska.gov/elandings/ SFP. If a groundfish shoreside processor approved software to submit a daily Register. or SFP, enter the FPP number. landings report during the fishing year (ii) Upon registration acceptance, the (B) Groundfish catcher/processor or to report processor identification User must print, sign, and mail the User mothership. If a groundfish catcher/ information and the following Agreement Form to NMFS/RAM processor or mothership, enter the FFP information under paragraphs (e)(5)(i) eLandings Registration, P.O. Box 21668, number. through (iii) of this section: Juneau, AK 99802–1668; or fax a signed (C) Registered Buyer. If a Registered (i) Information entered for each form to 907–586–7354, Attn: eLandings Buyer, enter the Registered Buyer groundfish delivery to a shoreside Registration; or deliver the signed form permit number. processor and SFP. The User for a by courier to NMFS/RAM eLandings (D) Registered Crab Receiver. If a shoreside processor or SFP must enter Registration, 709 West Ninth Street, Registered Crab Receiver, enter the the following information (see Suite 713, Juneau, AK 99801. Registered Crab Receiver permit paragraphs (e)(5)(i)(A) through (C) of Confirmation will be e–mailed to number. this section) for each groundfish indicate that the User is registered, (v) Port code. Enter the home port delivery (other than IFQ sablefish) authorized to use eLandings, and that code (see Tables 14a, 14b, and 14c to provided by the operator of a catcher the UserID and User’s account are this part) for the operation. vessel, the operator or manager of an enabled. (vi) ADF&G vessel registration associated buying station, and from (iii) The User’s signature on the number. If a mothership, catcher/ processors for reprocessing or registration form means that the User processor, or tender operation, the rehandling product into eLandings or agrees to the following terms (see operator must enter the ADF&G vessel other NMFS–approved software: paragraphs (e)(2)(iii)(A) through (C) of identification number of the vessel. (A) Delivery information. (1) Number this section): (vii) Vehicle license number. If a of observers onboard. (A) To use eLandings access buying station operation that is a (2) For crew size, enter the number of privileges only for submitting legitimate vehicle, enter vehicle license number licensed crew aboard the vessel, fishery landing reports; and the state of license issuance. including the operator. (B) To safeguard the UserID and (viii) Physical operation. If a buying (3) Management program name and password to prevent their use by station or custom processor, enter the identifying number, if any, in which unauthorized persons; and following information to identify the harvest occurred (see paragraph (C) To ensure that the User is associated processor where the (a)(1)(iii) of this section). authorized to submit landing reports for processing will take place: operation (4) ADF&G groundfish statistical area the processor permit number(s) listed. type, ADF&G processor code, and of harvest.

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(5) For date of landing, enter date (1) Discard or disposition of fish: that (6) If the delivery is received from a (mm/dd/yyyy) that the delivery was occurred on and was reported by a tender, enter the ADF&G vessel completed. catcher vessel; that occurred on and was registration number of the tender. (6) Indicate (YES or NO) whether reported by a buying station; and that (7) If delivery received from a catcher delivery is from a buying station. occurred prior to, during, and/or after vessel, enter the ADF&G vessel (7) If the delivery is received from a production of groundfish at the registration number of the vessel. buying station other than a tender, shoreside processor or SFP. Discards (8) Indicate whether the blue logsheet indicate the name of the buying station. and dispositions also must be recorded was received from the catcher vessel at If the delivery is received from a buying when no groundfish are delivered but the time of catch delivery. If the blue station that is a tender, enter the ADF&G the blue DFL is submitted by a catcher logsheet was not received from the vessel registration number. vessel containing records of discards or catcher vessel, enter ‘‘NO’’ and select a (8) If delivery is received from a disposition. code from the following table to explain catcher vessel, indicate the ADF&G (2) If groundfish or PSC herring, enter the reason provided by the catcher vessel registration number of the vessel. species code, delivery condition code, vessel for not supplying this copy. (9) Indicate whether the blue logsheet disposition code, and weight (to the was received from the catcher vessel at nearest pound), and NON-SUBMITTAL OF DIS- CODE the time of catch delivery. If the blue (3) If PSC halibut, salmon, or crab, CARD REPORT logsheet is not received from the catcher enter species code, delivery condition vessel, enter ‘‘NO’’ and select the (i) The catcher vessel does ‘‘P’’ code, disposition code, and count (in not have an FFP applicable code from the following table numbers of animals). to explain the reason provided by the (ii) Submittal time limit. The User for (ii) The catcher vessel is ‘‘P’’ catcher vessel for not supplying this a shoreside processor or SFP must enter under 60 ft (18.3 m) LOA and copy: information described at paragraph does not have an FFP (e)(5)(i) of this section into eLandings or NON-SUBMITTAL OF DIS- (iii) The catcher vessel is ‘‘L’’ CARD REPORT CODE other NMFS–approved software for each groundfish delivery from a specific under 60 ft (18.3 m) LOA and has an FFP (i) The catcher vessel does ‘‘P’’ vessel by noon of the day following not have an FFP completion of the delivery. (iv) The catcher vessel deliv- ‘‘U’’ (iii) Compliance. By using eLandings, ered an unsorted codend (ii) The catcher vessel is ‘‘P’’ the User for the shoreside processor or under 60 ft (18.3 m) LOA and SFP and the catcher vessel operator or (v) Another reason; describe ‘‘O’’ does not have an FFP buying station operator or manager circumstances providing information to the User for (iii) The catcher vessel is ‘‘L’’ (9) Gear type of harvester. under 60 ft (18.3 m) LOA and the shoreside processor or SFP accept has an FFP the responsibility of and acknowledge (10) Total estimated round weight by compliance with § 679.7(a)(10). species (pounds). (iv) The catcher vessel deliv- ‘‘U’’ (6) Mothership landings report. The (11) ADF&G fish ticket number ered an unsorted codend operator of a mothership that is issued provided to catcher vessel (eLandings an FFP under § 679.4(b) and that assigns an ADF&G fish ticket number to (v) Another reason; describe ‘‘O’’ the landing report). circumstances receives groundfish from catcher vessels required to have an FFP under § 679.4 (B) Discard or disposition is required to use eLandings or other information. (1) The User must record (10) Gear type of harvester. discard or disposition information that (11) Total estimated hail weight (to NMFS–approved software to submit a occurred on and was reported by a the nearest pound). daily landings report during the fishing catcher vessel; that occurred on and was (12) ADF&G fish ticket number year to report processor identification provided to catcher vessel (eLandings information and the following reported by a buying station; and that assigns an ADF&G fish ticket number to information under paragraphs (e)(6)(i) occurred prior to, during, and after the landing report). through (iii) of this section): production of groundfish at the (B) Landings information. The User (i) Information entered for each mothership. Discards and dispositions for a shoreside processor or SFP must groundfish delivery to a mothership. also must be recorded when no record the following landings The User for a mothership must enter groundfish are delivered but the blue information (see paragraphs the following information (see DFL is submitted by a catcher vessel (e)(5)(i)(B)(1) and (2) of this section) for paragraphs (e)(6)(i)(A)(1) through (11) of containing records of discards or all retained species from groundfish this section) provided by the operator of disposition. deliveries: a catcher vessel, operator or manager of (2) If groundfish or PSC herring, enter (1) Date of landing (mm/dd/yyyy). an associated buying station, or species code, delivery condition code, (2) Landed scale weight (to the nearest information received from processors disposition code, and weight (to the pound) by species code and delivery for reprocessing or rehandling product. nearest pound), and condition code. Obtain actual weights (A) Delivery information. (1) Number (3) If PSC halibut, salmon, or crab, for each groundfish species received of observers onboard. enter species code, delivery condition and retained by: (2) Crew size (including operator). code, disposition code, and count (in (i) Sorting according to species codes (3) Management program name and numbers of animals). and direct weighing of that species, or identifying number, if any, in which (ii) Submittal time limit. The User for (ii) Weighing the entire delivery and harvest occurred (see paragraph a mothership must enter information then sorting and weighing the (a)(1)(iii) of this section). described at paragraph (e)(6)(i) of this groundfish species individually to (4) ADF&G groundfish statistical area section into eLandings or other NMFS– determine their weights. of harvest. approved software for each groundfish (C) Discard or disposition (5) Date (mm/dd/yyyy) that delivery delivery from a specific vessel by noon information. The User must record: was completed. of the day following the delivery day.

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(iii) Compliance. By using eLandings, halibut sold and retained (where or transfer of the fish from the landing the User for the mothership and the retained includes fish intended for site. catcher vessel operator or buying station personal use, fish weighed and reloaded (C) Landing completion. The User for operator providing information to the for delivery to another processor, and the Registered Buyer must submit a User for the mothership accept the fish landed but rejected at the dock by completed IFQ landing report, as responsibility of and acknowledge the Registered Buyer); species codes; described in this paragraph (e)(7), compliance with § 679.7(a)(10). delivery condition code; and disposition within six hours after all IFQ halibut, (7) Registered Buyer landings report. code for each ADF&G statistical area of CDQ halibut, and IFQ sablefish are A person who is issued a Registered harvest. offloaded from a specific vessel and Buyer permit under § 679.4(d)(3) and (7) Accurate weight of IFQ sablefish prior to shipment or transfer of said fish who receives IFQ halibut or IFQ processed product obtained before the from the landing site. sablefish from an IFQ permit holder or offload may be substituted for the initial (iv) IFQ manual landing report. See who receives CDQ halibut from a CDQ accurate scale weight provided in paragraph (e)(1)(iii) of this section. permit holder at any time during the paragraph (e)(7)(i)(E)(6) of this section, (8) Registered Crab Receiver (RCR) fishing year is required to use eLandings at time of offload, if the vessel operator IFQ crab landings report. (i) A person or other NMFS–approved software to is a Registered Buyer reporting an IFQ who is issued an RCR permit under submit landings reports with the sablefish landing. § 680.4(i) of this chapter and who following information from paragraphs (8) Indicate whether initial accurate receives IFQ crab from a crab IFQ (e)(7)(i) and (ii) of this section): scale weight is given with or without ice permit holder or crab IFQ hired master (i) Information entered for each IFQ and slime. Fish which have been is required to use eLandings to submit halibut, CDQ halibut, and IFQ sablefish washed prior to weighing or which have a landings report to report every landing delivery. The User for a Registered been offloaded from refrigerated salt of IFQ crab and incidental groundfish. Buyer must enter the following water are not eligible for a 2–percent (ii) An RCR using a catcher/processor information (see paragraphs (e)(7)(i)(A) deduction for ice and slime and must be is required to submit a crab landings through (E) of this section) for each IFQ reported as fish weights without ice and report using eLandings in a format halibut, CDQ halibut, and IFQ sablefish slime. The 2–percent deduction is made approved by NMFS. NMFS will provide delivery into eLandings or other NMFS– by NMFS, not the submitter. format specifications upon request. approved software: (9) Indicate whether IFQ halibut is Interested parties may contact NMFS (A) User identification. UserID and incidental catch concurrent with legal Alaska Region, Sustainable Fisheries password of person assigned for that landing of salmon or concurrent with Division, Catch Accounting/Data system. legal landing of lingcod harvested using Quality, P.O. Box 21668, Juneau, AK (B) Landing date. Date (mm/dd/yyyy) dinglebar gear. 99802–1668, telephone 907–586–7228. of the landing. (ii) Signatures for IFQ halibut, CDQ (iii) Information entered for each IFQ (C) Landing location. Location (port halibut, or IFQ sablefish deliveries. (A) crab delivery. The User for the RCR code) of the landing (See Tables 14a, The User for the Registered Buyer must must enter the following information 14b, and 14c to this part). print the completed groundfish landing (see paragraphs (e)(8)(iii)(A) through (C) (D) Permit numbers. Permit number of report (ADF&G electronic groundfish of this section) into eLandings or other the IFQ permit holder, and any IFQ ticket) and the groundfish IFQ landing NMFS–approved software for each IFQ hired master permit holder, or CDQ receipt. The User must review the crab delivery: hired master permit holder harvesting autofilled data entry cells to ensure that (A) Permit numbers. RCR permit the fish and permit number of they are accurate for the landing that is number, IFQ permit number, and IPQ Registered Buyer receiving the IFQ taking place. permit number, as appropriate. halibut, IFQ sablefish, or CDQ halibut. (B) Operation type. (1) If a shoreside (B) The User for the Registered Buyer, (E) Delivery information. As reported processor or SFP, enter type of plus the IFQ permit holder or the IFQ by the IFQ permit holder, IFQ hired processing operation and port code from hired master permit holder or CDQ master permit holder, or CDQ hired Table 14a or 14b to this part. hired master permit holder, must master permit holder including the (2) If a catcher/processor, enter acknowledge the accuracy of the printed information in paragraphs (e)(7)(i)(E)(1) operation type from Table 14c to this IFQ halibut, CDQ halibut, or IFQ through (9) of this section): part. (1) Harvesting vessel’s ADF&G vessel sablefish landing receipt, and if (C) Delivery information. As reported registration number. necessary, IFQ manual landing report, by IFQ permit holder. (2) Gear code of gear used to harvest by entering printed name, signature, and (1) ADF&G vessel registration number IFQ halibut, IFQ sablefish, or CDQ date. of the delivering vessel. halibut. (iii) Time limits—(A) Landing hours. (2) Date (mm/dd/yyyy) fishing began. (3) ADF&G fish ticket number(s) for A landing of IFQ halibut, CDQ halibut, (3) Date (mm/dd/yyyy) of the IFQ crab the landing (after the initial eLandings or IFQ sablefish may commence only landing. report is submitted, eLandings assigns between 0600 hours, A.l.t., and 1800 (4) ADF&G fish ticket number an ADF&G fish ticket number to the hours, A.l.t., unless permission to land (automatically supplied). landing report). at a different time is granted in advance (5) ADF&G statistical area of harvest (4) ADF&G statistical area of harvest. by a clearing officer. (All ADF&G statistical areas are (5) If ADF&G statistical area is (B) Landing receipt signatures. The translated to the NMFS reporting area bisected by a line dividing two IFQ User for the Registered Buyer and the and the IPHC reporting area by regulatory areas, provide the IFQ IFQ permit holder, IFQ hired master eLandings.). regulatory area of harvest. permit holder, or CDQ hired master (6) Species code of catch from Table (6) Except as provided in paragraph permit holder must sign the groundfish 2 to part 680. (e)(7)(i)(E)(7) of this section, initial IFQ landing receipt within six hours (7) Delivery–condition codes of catch accurate scale weight(s) (to the nearest after all IFQ halibut, CDQ halibut, and from Table 3a to this part. pound) made at the time of offloading IFQ sablefish are offloaded from a (8) Number of crab retained and sold for IFQ halibut, IFQ sablefish, or CDQ harvesting vessel and prior to shipment condition code, product type, size/

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grade, and sold pounds; and optionally, information and all groundfish (iii) Contents. eLandings autofills the price per pound. production data. The User must retain a following fields when creating a (9) Scale weight of deadloss (to the copy of each production report per production report for a catcher/ nearest pound) and scale weight of crab paragraphs (a)(5) and (6) of this section. processor or mothership: FFP number, retained for personal use (to the nearest (i) Contents. eLandings autofills the company name, ADF&G processor code, pound). Deadloss and personal use crab following fields when creating a User name, email address, and that an IPQ holder did not purchase are production report for a shoreside telephone number. The User must not debited from the IPQ holder’s processor or SFP: FPP number, review the autofilled cells to ensure that account. company name, ADF&G processor code, they are accurate for the current report. (iv) Information entered for IFQ crab User name, email address, and In addition, the User for the catcher/ custom processing landings. In addition telephone number. The User must processor or mothership must enter the to the information required in paragraph review the autofilled cells to ensure that information in paragraphs (e)(10)(iii)(A) (e)(8)(iii) of this section, if custom they are accurate for the current report. through (N) of this section): processing IFQ crab, the User for the In addition, the User for the shoreside (A) Date. Reporting date (mm/dd/ RCR must enter the ADF&G processor processor or SFP must enter the yyyy). code of the person for which the IFQ following information (see paragraphs (B) Designation. From Table 14c to crab was custom processed. (e)(9)(i)(A) through (F) of this section): this part, enter whether the processor is (v) Signatures for IFQ crab deliveries. (A) Date. Reporting date (mm/dd/ a catcher/processor = FCP or a (A) The User for the RCR must print the yyyy). mothership = FLD. completed crab landing report (ADF&G (B) Observers. Number of observers (C) Crew size. Including operator. electronic crab ticket) and the crab IFQ onsite. (D) Management program. Enter landing receipt. The User must review (C) Area of harvest. Whether management program and identifying the autofilled data entry cells to ensure harvested in GOA or BSAI. number, if any, in which harvest that they are accurate for the landing (D) Product description. Species code, occurred (see paragraph (a)(1)(iii) of this that is taking place. product type, and product code of section). (B) The User for the Registered Crab product. (E) Gear type of harvester. Enter the Receiver (RCR), plus the IFQ permit (E) Product weight. Enter actual scale gear type used by the harvester. (F) Federal Reporting Area of harvest. holder or IFQ hired master permit weight of product to the nearest pound. holder, must acknowledge the accuracy Enter the Federal Reporting Area where (F) No production/no deliveries of the printed IFQ crab landing receipt, harvest was made. (inactive). If there was no production or and, if necessary, IFQ manual landing (G) COBLZ or RKCSA. Indicate deliveries for the day, mark the ‘‘No report, by entering printed name, whether fishing occurred in COBLZ or Production’’ and/or ‘‘No Deliveries’’ signature, and date. RKCSA (if applicable). boxes. (vi) Time limits. (A) Except as (H) Product description. Species code, indicated in paragraph (e)(8)(vi)(B) of (ii) Submittal time limits. When active product type, and product code of this section, the User for the RCR is pursuant to paragraph (c)(5)(ii) of this product. required to submit a crab landing report section, the User for a shoreside (I) Product weight. Enter product described at this paragraph (e)(8) to processor or SFP must submit a weight in metric tons to the nearest NMFS within six hours after all crab is production report by noon each day to 0.001 mt. offloaded from the vessel. record the previous day’s production (J) No production (inactive). If there (B) For IFQ crab harvested on a information. If a shoreside processor or was no production for the day, mark the catcher/processor, the User for the RCR SFP using eLandings is not taking ‘‘No Production’’ box. is required to submit an IFQ crab deliveries over a weekend, the User or (K) Discard description. The operator landing report to NMFS by Tuesday manager may transmit the eLandings must record the discard or disposition noon after the end of each weekly production report to NMFS on the that occurred prior to, during, and after reporting period in which IFQ crab was following Monday. production of groundfish by species harvested. (10) Catcher/processor or mothership code and disposition code of discards (C) The User for the RCR and the IFQ information entered for production and disposition. permit holder or IFQ hired master report—(i) Catcher/processor. The (L) Discard weight. Daily weight of permit holder must enter printed name operator of a catcher/processor that is groundfish and the daily weight of and sign the crab IFQ landing receipt issued an FFP under § 679.4 and that herring PSC to the nearest 0.001 mt. within six hours after all crab is harvests groundfish is required to use (M) PSC numbers. Daily number of offloaded from the harvesting vessel. eLandings or other NMFS–approved PSC animals (Pacific salmon, steelhead (vii) Landing document retention. The software to submit a production report trout, Pacific halibut, king crabs, and User must retain each landing report to record and report daily processor Tanner crabs) by species codes and and landing receipt per paragraph (a)(5) identification information, groundfish product codes. of this section. production data, and groundfish and (N) ADF&G statistical area. Must be (viii) IFQ manual landing report for prohibited species discard or reported beginning January 1, 2009. crab. See paragraph (e)(1)(iii) of this disposition data. (iv) Submittal time limits. When a section. (ii) Mothership. The operator of a mothership is active pursuant to (9) Shoreside processor or SFP mothership that is issued an FFP under paragraph (c)(6)(iv) of this section, a information entered for production § 679.4 and that receives groundfish is catcher/processor longline or pot gear is report. The manager of a shoreside required to use eLandings or other active pursuant to paragraph processor or SFP that is required to have NMFS–approved software to submit a (c)(3)(iv)(B) of this section, or a catcher/ an FPP under § 679.4(f) must use production report to record and report processor trawl gear is active pursuant eLandings or other NMFS–approved daily processor identification to paragraph (c)(4)(iv)(B) of this section, software during the fishing year to information, groundfish production the User for a mothership or catcher/ submit a production report to report data, and groundfish and prohibited processor must submit a production daily processor identification species discard or disposition data. report by noon each day to record the

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previous day’s production information. (ii) Catcher/processor longline and of the appropriate DFL or DCPL If a vessel is required to have 100 pot gear ELB. The operator of a catcher/ onboard. In the event that electronic percent observer coverage or more, the processor using longline or pot gear may transmission is not made or confirmed User may transmit a production report use a combination of a NMFS–approved for the ELB, the operator must enter for Friday, Saturday, and Sunday no catcher/processor longline or pot gear information into the paper DFL or DCPL later than noon on the following ELB and eLandings to record and report in accordance with the regulations at Monday. groundfish information. The operator paragraphs (c)(1) through (c)(4) of this (11) Printing of landing reports, may use a NMFS–approved catcher/ section. The operator must transfer any landing receipts, and production processor longline and pot gear ELB to information recorded in a DFL or DCPL reports. (i) The User daily must retain a record daily processor identification to the ELB when transmission resumes printed paper copy onsite or onboard of: information and catch–by–set function. (A) Each landing report (ADF&G information. In eLandings, the operator (iii) Enter all required information electronic groundfish tickets or must record daily processor into the ELB—(A) Inactive. The operator electronic crab tickets). identification, groundfish production must enter all required information, if (B) Each production report. data, and groundfish and prohibited inactive (see paragraph (c)(2) of this (C) If IFQ halibut, IFQ sablefish, or species discard or disposition data. section). CDQ halibut, each groundfish IFQ (iii) Catcher vessel trawl gear ELB. (B) Active. The operator must enter all landing receipt. The operator of a catcher vessel using required information, if active (see (D) If IFQ crab, each crab IFQ landing trawl gear may use a NMFS–approved paragraph (c)(3), (c)(4), or (c)(6) of this receipt. catcher vessel trawl gear ELB in lieu of section, as appropriate). (ii) In addition to paragraph (e)(11)(i) using the NMFS–prescribed catcher (1) Record the haul number or set of this section, the mothership operator vessel trawl gear DFL required at number, time and date gear set, time or User must print an additional copy of paragraph (c)(4) of this section. and date gear hauled, begin and end each landing report and provide it to the (iv) Catcher/processor trawl gear ELB. position, CDQ group number (if operator of the catcher vessel delivering The operator of a catcher/processor applicable), and hail weight for each groundfish to the mothership by 1200 using trawl gear may use a combination haul or set within 2 hours after hours, A.l.t., on Tuesday following the of a NMFS–approved catcher/processor completion of gear retrieval. end of applicable weekly reporting trawl gear ELB and eLandings to record (2) Daily complete ELB data entry and period. and report groundfish information. In printing of copies as indicated in (12) Retention and inspection of the ELB, the operator would record paragraph (f)(3)(i) of this section. landing reports, landing receipts, and daily processor identification (iv) Regularly backup ELB data. The production reports. The User must information and catch–by–haul retain a printed copy of each IFQ information. In eLandings, the operator operator must regularly backup ELB landing report (ADF&G electronic must record daily processor data to ensure that data are not lost in groundfish ticket or electronic crab identification, groundfish production the event of hardware or software ticket), crab IFQ landing receipt, data, and groundfish and prohibited problems. groundfish IFQ landing receipt, and species discard or disposition data. (v) Correct errors in ELB data. If after production report as indicated at (v) Mothership ELB. The operator of a an ELB discard report and ELB logsheet paragraphs (a)(5) and (6) of this section. mothership may use a combination of a are printed, an error is found in the The User must make available the NMFS–approved mothership ELB and data, the operator must make any printed copies upon request of NMFS eLandings to record and report necessary changes to the data, print a observers and authorized officers as groundfish information. The operator new copy of the ELB discard report and indicated at paragraph (a)(5) of this may use a NMFS–approved mothership ELB logsheet, and export the revised file section. ELB to record daily processor to NMFS. The operator must retain both (f) Electronic logbooks (ELBs). The identification information and catcher the original and revised ELB reports. operator may use a combination of a vessel and buying station groundfish (3) Printed copies. Upon completion NMFS–approved ELB (instead of a DFL delivery information. In eLandings, the of ELB data entry each day, the operator or DCPL) and eLandings to record and operator must record daily processor must print the following information report groundfish information. To identification, groundfish production (see paragraphs (f)(3)(i) and (ii) of this satisfy ELB use requirements, the data, and groundfish and prohibited section) in the NMFS–specified format: operator after data entry must routinely species discard or disposition data. (i) ELB logsheet. (A) Print a copy of an create the following three products: an (vi) If using a NMFS–approved ELB, ELB logsheet when a vessel is active, by ELB logsheet, an ELB discard report, the operator is not required to quarterly noon each day to record the previous and an ELB data export. submit logsheets to OLE. day’s ELB information. (1) Responsibility. The operator must (2) Requirements for using an ELB— (B) Print one ELB logsheet to describe notify the Regional Administrator by fax (i) Use a NMFS–approved ELB. The a continuous period of inactivity, when at 907–586–7465 to ensure that NMFS operator must use only a NMFS– a vessel is inactive. knows that the operator is using a approved ELB. The Regional (C) Print a copy of the ELB logsheet NMFS–approved ELB instead of a DFL Administrator maintains a list of for the observer’s use if an observer is or DCPL, prior to participating in any approved ELBs on the Alaska Region present, by noon each day to record the Federal fishery. NMFS website at http:// previous day’s ELB information. (i) Catcher vessel longline and pot alaskafisheries.noaa.gov (see also (ii) ELB discard report. (A) Print a gear ELB. The operator of a catcher § 679.28(h) for approval of vendor copy of an ELB discard report upon vessel using longline and pot gear may software). completion of each fishing trip or each use a NMFS–approved catcher vessel (ii) Keep a current copy of DFL or offload of fish. longline or pot gear ELB in lieu of using DCPL onboard. To ensure proper (B) If an observer is present, print a the NMFS–prescribed catcher vessel recording of the vessel’s fishing activity copy of the ELB discard report for the longline or pot gear DFL required at in the event of problems with the ELB, observer’s use upon completion of each paragraph (c)(3) of this section. the operator must keep a current copy fishing trip or each offload of fish.

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(4) Signatures—(i) ELB logsheet. The operator of a mothership or the manager submitted by fax to 907–586–7131, or by operator daily must sign and date each of a shoreside processor or SFP will e–mail to printed ELB logsheet by noon each day forward the ELB data export to NMFS as [email protected]. to record the previous day’s ELB an email attachment within 24 hours of (2) Exceptions—(i) VMS onboard. The information. The signature of the completing receipt of the catcher operator of a catcher/processor or operator is verification of acceptance of vessel’s catch. mothership is not required to submit to the responsibility required in paragraph (8) Return receipt. (i) Upon receiving NMFS a check–in report or check–out (a)(2) of this section. an ELB data export, NMFS will generate report if the vessel is carrying onboard (ii) ELB discard report. The operator a dated return–receipt to confirm receipt a transmitting VMS that meets the daily must sign and date each printed of the ELB data. If errors exist in the requirements of § 679.28(f). ELB discard report upon completion of data transmitted to NMFS, the receipt (ii) Two adjacent reporting areas. If on each fishing trip or each offload of fish. will identify the errors. If errors are the same day a catcher/processor The signature of the operator is identified, the operator must correct the intends to fish in two adjacent reporting verification of acceptance of the errors and send a revised transmission areas (an action which would require responsibility required in paragraph to NMFS which will then confirm submittal of check–out reports and (a)(2) of this section. acceptance of the ELB data. (5) Submittal time limits. (i) The check–in reports multiple times a day (ii) The operator must retain the when crossing back and forth across a operator of a catcher vessel using an NMFS return receipt as described in ELB must upon delivery of catch submit reporting area boundary), and the two paragraph (a)(5) of this section. reporting areas have on that day and the ELB discard report to the (iii) If a return receipt from NMFS is mothership, shoreside processor, or time an identical fishing status for every not received within 24 hours, the species, the operator must: SFP. operator of the catcher vessel, the (A) Submit to NMFS a check–in (ii) The operator or manager of a operator of a catcher/processor, the report to the first area prior to entering buying station that receives groundfish operator of the mothership, or the the first reporting area, and catch from a catcher vessel using an ELB manager of the shoreside processor or must upon delivery of catch submit the SFP forwarding the ELB data export for (B) Submit to NMFS a check–in report ELB discard report to the mothership, the operator of the catcher vessel, must to the second area prior to entering the shoreside processor, or SFP, and submit contact NMFS by telephone at 907–586– second reporting area. the ELB data export directly to the 7228 or fax at 907–586–7131 for (C) Remain within 10 nautical miles Regional Administrator or through the instructions. (18.5 km) of the boundary described in mothership, shoreside processor, or (g) * * * paragraph (h)(2)(i) of this section. SFP. (1) General requirements. Except as (D) If the catcher/processor proceeds (6) Retention. The operator must keep provided in paragraphs (g)(2)(i) through in the second reporting area beyond 10 a signed copy of each ELB logsheet and (v) of this section, the operator or nautical miles (18.5 km) of the boundary each ELB discard report, filed in manager must record on a PTR those between the two areas, the operator sequence for immediate access by species that are listed in Tables 2a and must submit a check–out report from authorized personnel as described at 2c to this part when those species are the first reporting area. The operator paragraph (a)(5) of this section. must submit a check–out report from (7) ELB data export. The operator transferred out of the facility or off the the second area upon exiting that must transmit an ELB data export to vessel and may also record species reporting area. NMFS at the specified e–mail address listed in Table 2d to this part. within 24 hours of completing each * * * * * (3) Transit through reporting areas. fishing trip or offload, as described (h) Check–in/Check–out report—(1) The operator of a catcher/processor or under paragraph (f)(7)(i) or (ii) of this Requirement. Except as described in mothership is not required to submit a section in the following manner: paragraph (h)(2) of this section, the check–in or check–out report if the (i) Directly to NMFS as an email operator of a catcher/processor or vessel is transiting through a reporting attachment; or mothership and manager of a shoreside area and is not fishing or receiving fish. (ii) If a catcher vessel, send directly to processor or SFP must submit to NMFS (4) Time limits and submittal. Except NMFS as an email attachment or to a check–in report (BEGIN message) prior as indicated in paragraph (h)(2) of this NMFS through a shoreside processor, to becoming active and a check–out section, the operator or manager must SFP, or mothership who received his/ report (CEASE message) for every submit a check–in report and a check– her groundfish catch. Through a prior check–in report submitted. The check– out report according to the following agreement with the catcher vessel, the in report and check–out report must be table:

For ... If you are a ... Submit a BEGIN message Submit a CEASE message

(i) Each reporting area, except (A) C/P using trawl gear Before gear deployment. Within 24 hours after departing a area 300, 400, 550, or 690 reporting area but prior to check- ing in to another reporting area.

(B) C/P using longline or pot gear Before gear deployment. May be Upon completion of gear retrieval checked in to more than one area and within 24 hours after depart- simultaneously. ing each reporting area.

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For ... If you are a ... Submit a BEGIN message Submit a CEASE message

(C) MS Before receiving groundfish, must Within 24 hours after receipt of check–in to reporting area(s) fish is complete from that report- where groundfish were harvested. ing area. May be checked in to more than If receipt of groundfish from a re- one area simultaneously. porting area is expected to stop for at least one month during the fishing year and then start up again, may submit check–out re- port for that reporting area.

(ii) COBLZ or RKCSA (A) C/P using trawl gear Prior to fishing. Submit one Upon completion of gear retrieval check–in for the COBLZ or for groundfish, submit a separate RKCSA and another check–in for check–out for the COBLZ or the area outside the COBLZ or RKCSA and another check–out for RKCSA. the area outside the COBLZ or RKCSA.

(B) MS Before receiving groundfish har- Upon completion of groundfish re- vested with trawl gear that were ceipt, submit a separate check– harvested in the COBLZ or out for the COBLZ or RKCSA and RKCSA, submit one check–in for another check–out for the area the COBLZ or RKCSA and an- outside the COBLZ or RKCSA. other check–in for the area out- side the COBLZ or RKCSA.

(iii) Gear Type (A) C/P If in the same reporting area but Upon completion of gear retrieval using more than one gear type, for groundfish, submit a separate prior to fishing submit a separate check–out for each gear type for check–in for each gear type. which a check–in was submitted.

(B) MS If harvested in the same reporting Upon completion of receipt of area but using more than one groundfish, submit a separate gear type, prior to receiving check–out for each gear type for groundfish submit a separate which a check–in was submitted. check–in for each gear type.

(iv) CDQ (A) MS Prior to receiving groundfish CDQ, Within 24 hours after receipt of if receiving groundfish under more groundfish CDQ has ceased for than one CDQ number, use a each CDQ number. separate check–in for each CDQ number.

(B) C/P Prior to fishing, submit a separate Within 24 hours after groundfish check–in for each CDQ number. CDQ fishing for each CDQ num- ber has ceased.

(v) Exempted or Research (A) C/P Prior to fishing, submit a separate Upon completion of receipt of Fishery check–in for each type. groundfish submit a separate check–out for each type for which a check–in was submitted.

(B) MS Prior to receiving groundfish, sub- Upon completion of receipt of mit a separate check-in for each groundfish submit a separate type. check–out for each type for which a check–in was submitted.

(vi) Aleutian Islands Pollock (A) C/P Prior to AIP fishing. Within 24 hours after completion (AIP) of gear retrieval for AIP.

(B) MS Before receiving AIP. Within 24 hours after receipt of AIP has ceased.

(vii) Processor Type C/P, MS If a catcher/processor and func- Upon completion of simultaneous tioning simultaneously as a activity as both catcher/processor mothership in the same reporting and mothership, a separate area, before functioning as either check–out, one for catcher/proc- processor type. essor and one for mothership.

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For ... If you are a ... Submit a BEGIN message Submit a CEASE message

(viii) Change of fishing year (A) C/P, MS If continually active through the If a check–out report was not pre- end of one fishing year and at the viously submitted during a fishing beginning of a second fishing year for a reporting area, submit a year, submit a check–in for each check–out report for each report- reporting area to start the year on ing area on December 31. January 1.

(B) SS, SFP If continually active through the If a check–out report was not pre- end of one fishing year and at the viously submitted during a fishing beginning of a second fishing year, submit a check–out report year, submit a check–in to start on December 31. the year on January 1.

(ix) Interruption of production SS, SFP, MS n/a If receipt of groundfish is expected to stop for at least one month dur- ing the fishing year and then start up again, the manager or operator may choose to submit a check– out report.

(5) Required information. The shoreside processor or SFP must record on a check–in report and a check–out operator of a catcher/processor or the information in the following table report, as appropriate. mothership and the manager of a

Check-in Report Check-out Report Required information MS C/P SS, SFP MS C/P SS, SFP

(i) Whether an original or revised report X X X X X X

(ii) Vessel name, ADF&G processor code, FFP X X X X number

(iii) Processor name, ADF&G processor code, X X FPP number

(iv) Representative name, business telephone X X X X X X number, business fax number

(v) COMSAT number (if applicable) X X X X

(vi) Management program name (see paragraph X X X X (a)(1)(iii) of this section) and identifying number (if any). If harvest is not under one of these management programs, leave blank.

(vii) Processor type, gear type X X X X

(viii) Date (mm/dd/yyyy) and time (A.l.t., military format)

(A) When receipt of groundfish will begin X X

(B) When gear deployment will begin X

(C) When the last receipt or processing of X X groundfish was completed

(D) When the vessel departed the reporting area X

(ix) Position coordinates

(A) Where groundfish receipt begins X

(B) Where receiving groundfish (if SFP): X

(C) Where gear is deployed X

(D) Where the last receipt of groundfish was X completed

(E) Where the vessel departed the reporting area X

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Check-in Report Check-out Report Required information MS C/P SS, SFP MS C/P SS, SFP

(x) Reporting area code

(A) Where gear deployment begins X

(B) Where groundfish harvest occurred X

(C) Where the last receipt of groundfish was X completed

(D) Where the vessel departed the reporting area X

(xi) Primary and secondary target species (A change in intended target species within the same reporting area does not require a new BEGIN message.)

(A) Expected to be received the following week X

(B) Expected to be harvested the following week X

(xii) Indicate (YES or NO) whether this is a X check-in report

(xiii) If YES, indicate

(A) If checking-in for the first time this fishing X year

(B) If checking-in to restart receipt and proc- X essing of groundfish after filing a check–out re- port

(xiv) Indicate (YES or NO) whether this is a X check-out report

(xv) If YES, indicate product weight of all fish or X X fish products (including non groundfish) re- maining at the facility (other than public cold storage) by species code and product code. In- dicate if recorded to the nearest pound or to the nearest 0.001 mt.

(i) Weekly production report (WPR). (2) IFQ landing—(i) Remain at a single offload site all sablefish The WPR is removed from use. Instead landing site. Once the landing has onboard the vessel. of a WPR, the operator of a mothership commenced, the IFQ permit holder, the * * * * * or catcher/processor and the manager of IFQ hired master permit holder, or the ■ 7. In § 679.7, paragraph (a)(1)(iii) is a shoreside processor or SFP must CDQ hired master permit holder, and added to read as follows: submit all landings information, the harvesting vessel may not leave the production information, and discard landing site until the IFQ halibut, IFQ § 679.7 Prohibitions. and disposition information using sablefish, or CDQ halibut account is * * * * * eLandings or other NMFS–approved properly debited (see § 679.40(h)). (a) * * * software (see paragraph (e) of this (ii) No movement of IFQ halibut, CDQ (1) * * * section). halibut, or IFQ sablefish. The offloaded (iii) Conduct fishing operations from * * * * * IFQ halibut, CDQ halibut, or IFQ a vessel using other than the operation (l) * * * sablefish may not be moved from the type(s) specified on the FFP (see (1) * * * landing site until the IFQ Landing § 679.4(b)) issued for that vessel. (iv) Exemption—(A) Halibut. An IFQ Report is completed through eLandings * * * * * landing of halibut of 500 lb or less of or other NMFS–approved software and ■ 8. In § 679.22, paragraph (b)(6) that IFQ weight determined pursuant to the IFQ permit holder’s or CDQ permit was revised on June 1, 2006 (71 FR § 679.40(h) and concurrent with a legal holder’s account is properly debited (see 31107) effective July 3, 2006 through landing of salmon harvested using hand § 679.40(h)). December 31, 2010, is removed and troll gear or power troll gear is exempt (iii) Single offload site—(A) IFQ reserved, and paragraphs (b)(5)(i) and from the PNOL required by this section. halibut and CDQ halibut. The vessel (ii) are revised to read as follows: (B) Lingcod. An IFQ landing of operator who lands IFQ halibut or CDQ halibut of 500 lb or less of IFQ weight halibut must continuously and § 679.22 Closures. determined pursuant to § 679.40(h) and completely offload at a single offload * * * * * concurrent with a legal landing of site all halibut onboard the vessel. (b) * * * lingcod harvested using dinglebar gear (B) IFQ sablefish. The vessel operator (5) * * * is exempt from the PNOL required by who lands IFQ sablefish must (i) No FFP holder may fish for this section. continuously and completely offload at groundfish in the Sitka Pinnacles

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Marine Reserve, and no vessel named (i) Register the vessel’s VMS unit with following standards in paragraphs on an FFP may be anchored in the Sitka an appropriate service provider; (h)(1)(iii)(A) through (H) of this section): Pinnacles Marine Reserve, as described (ii) Use VMS check–in report to (A) Has fields for the entry of all in Figure 18 to this part. contact OLE by fax at 907–586–7703 information required for a paper DFL or (ii) No person fishing under an IFQ and provide the date (mm/dd/yyyy), DCPL as described in § 679.5(c)(3) and halibut permit may fish for halibut and vessel name, USCG documentation (4), as appropriate. no person fishing under an IFQ number, FFP number or Federal crab (B) The software must automatically sablefish permit may fish for sablefish vessel permit number, name and time and date stamp each printed copy in the Sitka Pinnacles Marine Reserve; telephone number of contact person, of the ELB logsheet and ELB discard and no vessel with an IFQ permit holder and VMS transmitter ID or serial report and clearly identify the first or IFQ hired master permit holder number; and printed copy as an original. If any onboard may be anchored in the Sitka (iii) Call OLE at 907–586–7225, changes are made to the data in the ELB, Pinnacles Marine Reserve, as described Monday through Friday, between the subsequent printed copies must clearly in Figure 18 to this part. hours of 0800 hours, A.l.t., and 1630 be identified as revised. The software * * * * * hours, A.l.t., at least 72 hours before must be designed to prevent the ■ leaving port and receive confirmation operator from overriding this feature. 9. In § 679.28: (C) The software must export data as ■ A. Paragraph (b)(2)(v) is removed and that the transmissions are being received. an ASCII comma delimited text file, xml reserved. file, or other format approved by NMFS. ■ B. Paragraphs (f)(4)(iii) and (h) are (5) What must the vessel owner do when the vessel replaces a VMS (D) The software must integrate with added. the vessel’s global positioning system ■ C. Paragraphs (a), (b)(2)(iii), (b)(2)(iv), transmitter? A vessel owner who must use a VMS and who intends to replace (GPS) to allow vessel location fields to (b)(2)(vi)(A), (f)(4)(i), (f)(4)(ii), and (f)(5) be completed automatically. are revised. a transmitter, must follow the reporting and confirmation procedure for the (E) When the software is started, it The revisions and additions read as must clearly show the software version follows: replacement transmitter, as described in paragraph (f)(4) of this section. number. § 679.28 Equipment and operational (F) The software must be designed to * * * * * facilitate the transfer of an export file to requirements. (h) ELB software—(1) How do I get my (a) Applicability. This section NMFS as an email attachment. ELB software approved by NMFS?—(i) (G) The software must be designed to contains the operational requirements Specifications. NMFS will provide ensure that an operator can comply with for scales, observer sampling stations, specifications for ELB software upon the requirements for ELB use as bins for volumetric estimates, vessel request. Interested parties may contact described in § 679.5(f). monitoring system hardware, catch NMFS by mail at NMFS Alaska Region, (H) The software must include monitoring and control plan, and Sustainable Fisheries Division, Catch sufficient data validation capability to catcher vessel electronic logbook Accounting/Data Quality, P.O. Box prevent a submitter from accidentally software. The operator or manager must 21668, Juneau, AK 99802–1668; by transmitting a data file or printing an retain a copy of all records described in telephone at 907–586–7228. The four ELB logsheet that is incomplete or this section (§ 679.28) as indicated at types of ELB software are: contains clearly erroneous data. § 679.5(a)(5) and (6) and make available (A) Catcher vessel longline or pot gear (2) What if I need to make changes to the records upon request of NMFS (see § 679.5(c)(3)); NMFS–approved ELB software?—(i) observers and authorized officers as (B) Catcher/processor longline or pot NMFS–instigated changes. NMFS will indicated at § 679.5(a)(5). gear (see § 679.5(c)(3)); provide the developer with information (b) * * * (C) Catcher vessel trawl gear (see that affects the ELB software as soon as (2) * * * § 679.5(c)(4)); and it is available for distribution, e.g., (iii) Who may perform scale (D) Catcher/processor trawl gear (see changes in species codes or product inspections and approvals? Scales must § 679.5(c)(4)). codes. be inspected and approved by a NMFS– (ii) ELB submittal package. A vendor (ii) Developer–instigated changes. The staff scale inspector or an inspector or developer wishing to have an ELB developer must submit a copy of the designated by NMFS and trained by a approved by NMFS must submit: changed software along with NMFS–staff scale inspector. (A) A fully operational test copy of documentation describing the need for (iv) How does a vessel owner arrange the software; and the change to NMFS for review and for a scale inspection? The operator (B) An application for ELB–approval approval as described in paragraph must submit a request for a scale giving the following information (see (h)(1)(ii) of this section. NMFS will inspection at least 10 working days in paragraphs (h)(1)(ii)(B)(1) through (3) of review and approve the new version advance of the requested date of this section): according to the guidelines set forth in inspection by filing a request online or (1) Company, contact person, address, paragraph (h)(1)(iii) of this section. by printing and faxing the scale telephone number, and fax number for (iii) NMFS–approved ELB changes. If inspection request at http:// the company developing the software; changes to ELB software are approved alaskafisheries.noaa.gov/scales/ (2) Name and type of software; and by NMFS, the developer must: default.htm. (3) Printed name and signature of (A) Give the revised software a new * * * * * individual submitting the software for version number; (vi) * * * approval. (B) Notify all known ELB users of the (A) Make the vessel and scale (C) Copies of all manuals and software that a new version is available; available for inspection by the scale documentation for the software. and inspector. (iii) ELB approval. NMFS will (C) Ensure that the ELB users are * * * * * approve ELB software within 60 provided with a revised copy within 15 (f) * * * working days of receipt of all required days of notification. (4) * * * information if the software meets the * * * * *

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■ 10. In § 679.40, paragraph (c)(3) is (i) Unprocessed landing. If offload of (4) Liability. Owners and operators of revised and paragraph (h) is added to unprocessed IFQ halibut, CDQ halibut, vessels exceeding these limitations are read as follows: or IFQ sablefish from a vessel, the scale jointly and severally liable with IFQ weight (to the nearest pound) of the permit holders and IFQ hired master § 679.40 Sablefish and halibut QS. halibut or sablefish product actually permit holders whose harvesting causes * * * * * measured at the time of offload, as the vessel to exceed these limitations. (c) * * * required by § 679.5(e)(7)(i)(E)(6) to be * * * * * (3) IFQ permit. The Regional included in the IFQ Landing Report. (j) * * * Administrator shall issue to each QS (ii) Processed landing. If offload of (8) A corporation, partnership, or holder, pursuant to § 679.4, an IFQ processed IFQ halibut, CDQ halibut, or other non–individual entity, except for permit specifying the maximum amount IFQ sablefish from a vessel, the scale a publicly held corporation, that of halibut and sablefish that may be weight (to the nearest pound) of the receives an allocation of QS must harvested with fixed gear in a specified halibut or sablefish processed product provide annual updates to the Regional IFQ regulatory area and vessel category. actually measured at or before the time Administrator identifying all current Such IFQ permits will be sent to each of offload. If the product scale weights shareholders, partners, or members to QS holder at the address on record for are taken before the time of offload, then the individual person level and that person prior to the start of the IFQ the species and actual product weight of affirming the entity’s continuing fishing season or to any IFQ holder(s) each box or container must be visibly existence as a corporation or following transfers or penalties (15 CFR marked on the outside of each container partnership, or other non–individual part 904). to facilitate inspection by OLE or entity. * * * * * designees. * * * * * ■ (h) Properly debited landing—(1) 11. In § 679.42, paragraphs (c), (h)(3), ■ 12. In § 679.50, paragraph (g)(1)(ix)(A) Permit holder’s account. Except as and (j)(8) are revised and paragraph is revised to read as follows: provided in paragraph (g) of this (h)(4) is added to read as follows: section, all IFQ halibut, CDQ halibut, § 679.50 Groundfish Observer Program. § 679.42 Limitations on use of QS and IFQ. and IFQ sablefish catch onboard a vessel * * * * * must be weighed and debited from the * * * * * (g) * * * IFQ permit holder’s account or CDQ (c) Requirements and deductions. Any (1) * * * halibut permit holder’s account under individual who harvests halibut or (ix) * * * which the catch was harvested. sablefish with fixed gear must have a (A) Ensure that transfers of observers (2) Properly debited account. A valid IFQ permit, and if a hired master at sea are carried out during daylight properly concluded groundfish IFQ is conducting the harvest, a valid IFQ hours, under safe conditions, and with landing receipt, crab IFQ landing hired master permit, aboard the vessel at the agreement of observers involved. all times during the fishing trip and receipt, or a manual IFQ landing report * * * * * which is signed by the Registered Buyer present during the landing. and IFQ permit holder or IFQ hired * * * * * §§ 679.1, 679.2, 679.4, 679.5, 679.20, 679.21, master permit holder or CDQ hired (h) * * * 679.22, 679.27, 679.28, 679.40, 679.41, master permit holder constitutes (3) Excess. An IFQ permit holder who 679.42, 679.50, 679.61, and 679.84 confirmation that the IFQ permit receives an approved IFQ allocation of [Amended] holder’s or CDQ permit holder’s account halibut or sablefish in excess of these ■ 13. At each of the locations shown in is properly debited. limitations may nevertheless catch and the Location column, remove the phrase (3) Source of debit. NMFS shall use retain all that IFQ with a single vessel. indicated in the ‘‘Remove’’ column and the following sources (see paragraphs However, two or more IFQ permit replace it with the phrase indicated in (h)(3)(i) and (ii) of this section) of holders may not catch and retain their the ‘‘Add’’ column for the number of information to debit a CDQ halibut, IFQ IFQs with one vessel in excess of these times indicated in the ‘‘Frequency’’ halibut, or IFQ sablefish account: limitations. column.

Location Remove Add Frequency

§ 679.1 introductory text under the Magnuson–Stevens Fishery Conserva- under the Magnuson–Stevens Fishery Conserva- 1 tion and Management Act and the Northern Pa- tion and Management Act, 16 U.S.C. 1801 et cific Halibut Act seq. (Magnuson–Stevens Act) and the Northern Pacific Halibut Act of 1982 (Halibut Act)

§ 679.1(a)(2) 5 AAC 28.110 5 AAC 28.111 1

§ 679.2 definition of food bank distributors food bank distributors 1 ‘‘Authorized distributor’’ (see § 679.26, Prohibited Species Donation Pro- gram)

§ 679.2 definition of paragraph (10)(ix) paragraph (14)(ix) 1 ‘‘Authorized fishing gear’’ paragraph (14)(iii) intro- ductory text

§ 679.2 definition of paragraph (10)(iii) paragraph (14)(iii) 1 ‘‘Authorized fishing gear’’ paragraph (14)(iv)

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Location Remove Add Frequency

§ 679.2 definition of paragraphs (10)(iii) and (iv) paragraphs (14)(iii) and (iv) 1 ‘‘Authorized fishing gear’’ paragraph (14)(v)

§ 679.2 definition of authorized to harvest authorized to harvest 1 ‘‘Basis species’’ (see Tables 10 and 11 to this part)

§ 679.2 definition of Catcher/processor means: Catcher/processor (C/P) means: 1 ‘‘Catcher/processor’’ in- troductory text

§ 679.2 definition of Catcher vessel means Catcher vessel (CV) means 1 ‘‘Catcher vessel’’

§ 679.2 definition of Weekly Production Report production report 1 ‘‘Legal rockfish landing for purposes of quali- fying for the Rockfish Program’’ paragraph (2)(i)

§ 679.2 definition of other entity other non-individual entity 1 ‘‘Person’’

§ 679.2 definition of regulated under this part issued an FFP under § 679.4(b) 1 ‘‘Prohibited species’’

§ 679.2 definition of Stationary floating processor Stationary floating processor (SFP) 1 ‘‘Stationary floating proc- essor’’

§ 679.2 definition of other entity other non-individual entity 1 ‘‘U.S. Citizen’’ paragraph (2)(ii)

§ 679.2 definition of § 679.5(b)(3) § 679.4(b)(3) 1 ‘‘Vessel operations cat- egory’’

§ 679.2 definition of (see § 679.5(i)) is no longer required (see § 679.5(e)(9) and (10)) 1 ‘‘Weekly production re- port (WPR)’’

§ 679.4(b)(5)(ii) owner; and the name owner; and if applicable, the name 1

§ 679.4(b)(5)(iii) horsepower; whether this is a vessel of the horsepower; and whether this is a vessel of the 1 United States; and whether this vessel will be United States. used as a stationary floating processor.

§ 679.4(d)(1)(i), (d)(2)(i), suspended, or modified suspended, surrendered in accordance with para- 1 (d)(3)(i), and (d)(3)(iv) graph (a)(9) of this section, or modified

§ 679.4(k) heading Licenses for license limitation groundfish or crab Licenses for license limitation program (LLP) 1 species groundfish or crab species

§ 679.4(k)(3)(ii)(A)(3) Weekly Production Reports production reports 1 and (k)(4) introductory text

§ 679.4(k)(5)(iv) Pacific time Alaska local time 1

§ 679.5(g)(1)(i) heading Groundfish. Groundfish and donated prohibited species. 1

§ 679.5(p)(2) Alaska Department of Fish & Game, Division of ADF&G Division of Commercial Fisheries 1 Commercial Fisheries

§ 679.5(r)(3) SPELR eLandings 2

§ 679.5(r)(5) heading Weekly production report (WPR). Production reports. 1

§ 679.5(r)(5) submit a WPR as described in paragraph (i) of submit a production report as described in para- 1 this section graphs (e)(9) and (10) of this section

§ 679.5(r)(10)(i)(B)(2) as reported in a WPR as reported in a production report 1

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Location Remove Add Frequency

§ 679.20(e) heading Maximum retainable amounts— Maximum retainable amounts (MRA)— 1

§ 679.20(g)(2)(iii) § 679.5(a)(9) § 679.5(a)(7)(v)(C) 1

§ 679.21(a)(2) motherships and shoreside processors motherships, shoreside processors, and SFPs 1

§ 679.21(e)(7)(vii) during August during the period August 1

§ 679.22(b)(1)(iii) open to any trawl other than a pelagic trawl gear open unless otherwise closed to trawling. 1 year round.

§ 679.27(j)(2) weekly production report required at § 679.5(i) production report required at § 679.5(e)(10) 1

§ 679.28(c)(3)(i) § 679.5(a)(13) § 679.5(a)(5)(ii) 1

§ 679.40(a)(2)(i)(D) other entity other non-individual entity 1

§ 679.40(a)(3)(v)(B) WPRs production reports 1

§ 679.40(a)(6)(i) corporation or partnership corporation, partnership, or other non-individual 2 entity

§ 679.41(d)(2)(ii) A corporation, partnership, or other entity. A corporation, partnership, or other non-individual 1 entity.

§ 679.42(j) heading corporations and partnerships corporations, partnerships, or other non-individual 1 entities

§ 679.42(j) corporation, partnership, or other entity corporation, partnership, association, or other 13 non-individual entity

§ 679.42(j) corporation or partnership corporation, partnership, association, or other 10 non individual entity

§ 679.50(c)(3)(i) weekly production report submitted to the Re- production report submitted to the Regional Ad- 1 gional Administrator under § 679.5(i). ministrator under § 679.5(e)(10).

§ 679.50(c)(3)(ii) weekly production report submitted to the Re- production reports submitted to the Regional Ad- 1 gional Administrator for that week by the ministrator under § 679.5(e)(10). mothership under § 679.5(i).

§ 679.61(d)(1) paragraph (c) of this section this paragraph (d) 1

§ 679.61(e)(1) paragraph (c) of this section this paragraph (e) 1

§ 679.84(b) § 679.4(m) § 679.4(n) 1

■ 14. The map in Figure 3 to part 679 is revised to read as follows: BILLING CODE 3510–22–S

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* * * * * ■ 15. The heading for Figure 5 to part Figure 5 to Part 679—Kodiak Island 679 and the map are revised to read as Closure Status for Vessels Using Non- follows: pelagic Trawl Gear

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* * * * * ■ 16. Figure 7 to part 679 is revised to read as follows:

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■ 17. Figure 12 to part 679 and its Figure 12 to Part 679—Bristol Bay heading are revised to read as follows: Trawl Closure Area

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BILLING CODE 3510–22–C TABLE 1ATOPART 679—DELIVERY TABLE 1ATOPART 679—DELIVERY ■ 18. Table 1 to part 679 is removed; CONDITION AND PRODUCT CODES— CONDITION AND PRODUCT CODES— Tables 1a, 1b, and 1c to part 679 are Continued Continued added; and Tables 2a and 2b to part 679 GENERAL USE CODES GENERAL USE CODES are revised to read as follows: Description Code Description Code TABLE 1ATOPART 679—DELIVERY CONDITION AND PRODUCT CODES Bled only. Throat or isthmus 03 Butterfly, no backbone. 37 slit to allow blood to drain. Head removed, belly slit, GENERAL USE CODES viscera and most of backbone Bled fish destined for fish meal 42 removed; fillets attached. Description Code (includes offsite production). DO NOT RECORD ON PTR. Cheeks. Muscles on sides of 17 Belly flaps. Flesh in region of 19 head (ancillary only). pelvic and pectoral fins and be- Bones (if meal, report as 32) 39 hind head (ancillary only). (ancillary only).

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TABLE 1ATOPART 679—DELIVERY TABLE 1ATOPART 679—DELIVERY TABLE 1BTOPART 679—DISCARD CONDITION AND PRODUCT CODES— CONDITION AND PRODUCT CODES— AND DISPOSITION CODES Continued Continued GENERAL USE CODES GENERAL USE CODES Description Code Confiscation. 63 Description Code Description Code Deadloss (crab only). 79 Chins. Lower jaw (mandible), 18 Heads. Heads only, regardless 16 muscles, and flesh (ancillary where severed from body (an- only). cillary only). Halibut retained for future sale 87 (Halibut only). Fillets, deep-skin. Meat with 24 Kirimi (Steak). Head removed 11 skin, adjacent meat with silver either in front or behind the col- Overage (Specify overage type 62 lining, and ribs removed from lar bone, viscera removed, and in comment). sides of body behind head and tail removed by cuts perpen- in front of tail, resulting in thin dicular to the spine, resulting in Tagged Fish (Exempt from 64 fillets. a steak. IFQ).

Fillets, skinless/boneless. Meat 23 Mantles, octopus or squid. 36 Whole fish/bait, not sold. Used 92 with both skin and ribs re- Flesh after removal of viscera as bait on board vessel. moved, from sides of body be- and arms. hind head and in front of tail. Whole fish/bait, sold. 61 Milt (in sacs, or testes) (ancil- 34 Fillets with ribs, no skin. 22 lary only). Whole fish/discard at sea. 98 Meat with ribs with skin re- Whole groundfish and prohib- moved, from sides of body be- Minced. Ground flesh. 31 ited species discarded by hind head and in front of tail. catcher vessels, catcher/proc- Other retained product. If prod- 97 essors, motherships, or Fillets with skin and ribs. 20 uct is not listed on this table, tenders. DO NOT RECORD Meat and skin with ribs at- enter code 97 and write a de- ON PTR. tached, from sides of body be- scription and product recovery hind head and in front of tail. rate next to it in parentheses. Whole fish/discard, damaged. 93 Whole fish damaged by ob- Fillets with skin, no ribs. 21 Pectoral girdle. Collar bone 15 server’s sampling procedures. Meat and skin with ribs re- and associated bones, car- moved, from sides of body be- tilage and flesh. Whole fish/discard, decom- 89 hind head and in front of tail. posed. Decomposed or pre- viously discarded fish. Roe. Eggs, either loose or in 14 Fish meal. Meal from whole 32 sacs, or skeins (ancillary only). fish or fish parts; includes bone Whole fish/discard, infested. 88 meal. Salted and split. Head re- 12 Flea-infested fish, parasite-in- moved, belly slit, viscera re- fested fish. Fish oil. Rendered oil from 33 moved, fillets cut from head to whole fish or fish parts. Record tail but remaining attached Whole fish/discard, onshore. 99 only oil destined for sale and near tail. Product salted. Discard after delivery and be- not oil stored or burned for fuel fore processing by shoreside processors, stationary floating onboard. Stomachs. Includes all internal 35 processors, and buying sta- organs (ancillary only). Gutted, head on. Belly slit and 04 tions and in-plant discard of whole groundfish and prohib- viscera removed. Surimi. Paste from fish flesh 30 ited species during processing. and additives. DO NOT RECORD ON PTR. Gutted, head off. Belly slit and 05 viscera removed. Whole fish or shellfish/food 01 Whole fish/donated prohibited 86 fish. Head and gutted, with roe. 06 species. Number of Pacific salmon or Wings. On skates, side fins are 13 Pacific halibut, otherwise re- Headed and gutted, Western 07 cut off next to body. quired to be discarded that is cut. donated to charity under a Head removed just in front of SHELLFISH ONLY NMFS-authorized program. the collar bone, and viscera re- moved. Soft shell crab 75 Whole fish/fish meal. 41 Whole fish destined for meal Headed and gutted, Eastern 08 Bitter crab 76 (includes offsite production.) cut. DO NOT RECORD ON PTR. Head removed just behind the Deadloss 79 collar bone, and viscera re- Whole fish/personal use, con- 95 moved. Sections 80 sumption. Fish or fish products eaten on board or taken off the Headed and gutted, tail re- 10 Meat 81 vessel for personal use. Not moved. sold or utilized as bait. Head removed usually in front NOTE: When using whole fish codes, record of collar bone, and viscera and round weights not product weights, even if the tail removed. whole fish is not used.

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TABLE 1BTOPART 679—DISCARD TABLE 2ATOPART 679—SPECIES TABLE 2ATOPART 679—SPECIES AND DISPOSITION CODES—Continued CODES: FMP GROUNDFISH—Contin- CODES: FMP GROUNDFISH—Contin- ued ued Description Code Species Description Code Species Description Code Whole fish/sold, for human 60 consumption. Aurora (Sebastes aurora) 185 Tiger (S. nigrocinctus) 148 NOTE: When using whole fish codes, record round weights not product weights, even if the Black (BSAI) (S. 142 Vermilion (S. miniatus) 184 whole fish is not used. melanops) Widow (S. entomelas) 156 Blackgill (S. 177 TABLE 1CTOPART 679—PRODUCT melanostomus) Yelloweye (S. ruberrimus) 145 TYPE CODES Blue (BSAI) (S. mystinus) 167 Yellowmouth (S. reedi) 175 Description Code Bocaccio (S. paucispinis) 137 Yellowtail (S. flavidus) 155 Ancillary product. A A product, such as meal, Canary (S. pinniger) 146 Sablefish (blackcod) 710 heads, internal organs, pectoral girdles, or any other product Chilipepper (S. goodei) 178 Sculpins 160 that may be made from the same fish as the primary prod- China (S. nebulosus) 149 SHARKS uct. Copper (S. caurinus) 138 Other (if salmon, spiny 689 Primary product. P dogfish or Pacific sleeper shark A product, such as fillets, made Darkblotched (S. crameri) 159 — use specific species code) from each fish, with the highest recovery rate. Dusky (S. ciliatus) 154 Pacific sleeper 692

Reprocessed or rehandled R Greenstriped (S. 135 Salmon 690 product. elongatus) A product, such as meal, that Spiny dogfish 691 Harlequin (S. variegatus) 176 results from processing a pre- SKATES viously reported product or Northern (S. polyspinis) 136 from rehandling a previously Big 702 reported product. Pacific Ocean perch (S. 141 alutus) Longnose 701 TABLE 2ATOPART 679—SPECIES Pygmy (S. wilsoni) 179 Other (If longnose or big 700 CODES: FMP GROUNDFISH skate — use specific species Quillback (S. maliger) 147 code) Species Description Code Redbanded (S. babcocki) 153 SOLE Atka mackerel (greenling) 193 Redstripe (S. proriger) 158 Butter 126 Flatfish, miscellaneous(flatfish 120 species without separate Rosethorn (S. 150 Dover 124 codes) helvomaculatus) English 128 FLOUNDER Rougheye (S. aleutianus) 151 Flathead 122 Alaska plaice 133 Sharpchin (S. zacentrus) 166 Petrale 131 Arrowtooth and/or 121 Shortbelly (S. jordani) 181 Kamchatka Rex 125 Shortraker (S. borealis) 152 Starry 129 Rock 123 Silvergray (S. brevispinis) 157 Octopus, North Pacific 870 Sand 132 Splitnose (S. diploproa) 182 Pacific cod 110 Yellowfin 127 Stripetail (S. saxicola) 183 Pollock 270 Squid, majestic 875 Thornyhead (all 143 ROCKFISH Sebastolobus species) Turbot, Greenland 134

TABLE 2BTOPART 679—SPECIES CODES: FMP PROHIBITED SPECIES AND CR CRAB

Species Description Code CR Crab Ground- fish PSC

CRAB

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TABLE 2BTOPART 679—SPECIES CODES: FMP PROHIBITED SPECIES AND CR CRAB—Continued Box Lopholithodes mandtii 900 ✓

Dungeness Cancer magister 910 ✓

King, blue Paralithodes platypus 922 ✓ ✓

King, golden (brown) Lithodes aequispinus 923 ✓ ✓

King, red Paralithodes camtshaticus 921 ✓ ✓

King, scarlet (deepsea) Lithodes couesi 924 ✓

Korean horsehair crab Erimacrus isenbeckii 940 ✓

Multispinus crab Paralomis multispinus 951 ✓

Tanner, Bairdi Chionoecetes bairdi 931 ✓ ✓

Tanner, grooved Chionoecetes tanneri 933 ✓

Tanner, snow Chionoecetes opilio 932 ✓ ✓

Tanner, triangle Chionoecetes angulatus 934 ✓

Verrilli crab Paralomis verrilli 953 ✓

PACIFIC HALIBUT Hippoglossus stenolepis 200 ✓

PACIFIC HERRING Family Clupeidae 235 ✓

SALMON

Chinook (king) Oncorhynchus tshawytscha 410 ✓

Chum (dog) Oncorhynchus keta 450 ✓

Coho (silver) Oncorhynchus kisutch 430 ✓

Pink (humpback) Oncorhynchus gorbuscha 440 ✓

Sockeye (red) Oncorhynchus nerka 420 ✓

STEELHEAD TROUT Oncorhynchus mykiss 540 ✓

* * * * * TABLE 2DTOPART 679—SPECIES TABLE 2DTOPART 679—SPECIES ■ 19. Table 2d to part 679 is revised to CODES: NON-FMP SPECIES—Con- CODES: NON-FMP SPECIES—Con- read as follows: tinued tinued GENERAL USE TABLE 2DTOPART 679—SPECIES GENERAL USE CODES: NON-FMP SPECIES Species Description Code Species Description Code

GENERAL USE Whitespot 192 Pacific saury 220

Species Description Code Grenadier, giant 214 Pacific tomcod 250

Arctic char (anadromous) 521 Grenadier (rattail) 213 Poacher (Family Agonidae) 219

Bering flounder 116 Jellyfish (unspecified) 625 Prowfish 215 (Hippoglossoides robustus) Lamprey, Pacific 600 Ratfish 714 Dolly varden (anadromous) 531 Lingcod 130 Rockfish, black (GOA) 142 Eels or eel-like fish 210 Lumpsucker 216 Rockfish, blue (GOA) 167 Eel, wolf 217 Pacific flatnose 260 Sardine, Pacific (pilchard) 170 GREENLING Pacific hagfish 212 Sea cucumber, red 895 Kelp 194 Pacific hake 112

Rock 191 Pacific lamprey 600

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TABLE 2DTOPART 679—SPECIES TABLE 2DTOPART 679—SPECIES TABLE 2DTOPART 679—SPECIES CODES: NON-FMP SPECIES—Con- CODES: NON-FMP SPECIES—Con- CODES: NON-FMP SPECIES—Con- tinued tinued tinued

GENERAL USE GENERAL USE GENERAL USE Species Description Code Species Description Code Species Description Code

Shad 180 Eastern softshell 842 SHRIMP

Skilfish 715 Pacific geoduck 815 Coonstripe 964

Snailfish, general (genus 218 Pacific littleneck 840 Humpy 963 Liparis and genus Careproctus) Pacific razor 830 Northern (pink) 961 Sturgeon, general 680 Washington butter 810 Sidestripe 962 Wrymouths 211 Spot 965 SHELLFISH Coral 899 Snails 890 Abalone, northern (pinto) 860 Mussel, blue 855 Urchin, green sea 893 CLAMS Oyster, Pacific 880 Urchin, red sea 892 Arctic surf 812 Scallop, weathervane 850

Cockle 820 Scallop, pink (or calico) 851 ■ 20. Table 4 to part 679 is revised to read as follows:

TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS

Column Number 1 2 3 4 5 6 7

Site Name Area or Subarea Boundaries from Boundaries to1 Pollock No-fish- ing Zones for Trawl Gear2,8 (nm)

Latitude Longitude Latitude Longitude

St. Lawrence I./S Punuk I. Bering Sea 63°04.00 N 168°51.00 W 20

St. Lawrence I./SW Cape Bering Sea 63°18.00 N 171°26.00 W 20

Hall I. Bering Sea 60°37.00 N 173°00.00 W 20

St. Paul I./Sea Lion Rock Bering Sea 57°06.00 N 170°17.50 W 3

St. Paul I./NE Pt. Bering Sea 57°15.00 N 170°06.50 W 3

Walrus I. (Pribilofs) Bering Sea 57°11.00 N 169°56.00 W 10

St. George I./Dalnoi Pt. Bering Sea 56°36.00 N 169°46.00 W 3

St. George I./S Rookery Bering Sea 56°33.50 N 169°40.00 W 3

Cape Newenham Bering Sea 58°39.00 N 162°10.50 W 20

Round (Walrus Islands) Bering Sea 58°36.00 N 159°58.00 W 20

Attu I./Cape Wrangell Aleutian I. 52°54.60 N 172°27.90 E 52°55.40 N 172°27.20 E 20

Agattu I./Gillon Pt. Aleutian I. 52°24.13 N 173°21.31 E 20

Attu I./Chirikof Pt. Aleutian I. 52°49.75 N 173°26.00 E 20

Agattu I./Cape Sabak Aleutian I. 52°22.50 N 173°43.30 E 52°21.80 N 173°41.40 E 20

Alaid I. Aleutian I. 52°46.50 N 173°51.50 E 52°45.00 N 173°56.50 E 20

Shemya I. Aleutian I. 52°44.00 N 174°08.70 E 20

Buldir I. Aleutian I. 52°20.25 N 175°54.03 E 52°20.38 N 175°53.85 E 20

Kiska I./Cape St. Stephen Aleutian I. 51°52.50 N 177°12.70 E 51°53.50 N 177°12.00 E 20

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TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS—Continued Kiska I./Sobaka & Vega Aleutian I. 51°49.50 N 177°19.00 E 51°48.50 N 177°20.50 E 20

Kiska I./Lief Cove Aleutian I. 51°57.16 N 177°20.41 E 51°57.24 N 177°20.53 E 20

Kiska I./Sirius Pt. Aleutian I. 52°08.50 N 177°36.50 E 20

Tanadak I. (Kiska) Aleutian I. 51°56.80 N 177°46.80 E 20

Segula I. Aleutian I. 51°59.90 N 178°05.80 E 52°03.06 N 178°08.80 E 20

Ayugadak Point Aleutian I. 51°45.36 N 178°24.30 E 20

Rat I./Krysi Pt. Aleutian I. 51°49.98 N 178°12.35 E 20

Little Sitkin I. Aleutian I. 51°59.30 N 178°29.80 E 20

Amchitka I./Column Rocks Aleutian I. 51°32.32 N 178°49.28 E 20

Amchitka I./East Cape Aleutian I. 51°22.26 N 179°27.93 E 51°22.00 N 179°27.00 E 20

Amchitka I./Cape Ivakin Aleutian I. 51°24.46 N 179°24.21 E 20

Semisopochnoi/Petrel Pt. Aleutian I. 52°01.40 N 179°36.90 E 52°01.50 N 179°39.00 E 20

Semisopochnoi I./Pochnoi Pt. Aleutian I. 51°57.30 N 179°46.00 E 20

Amatignak I. Nitrof Pt. Aleutian I. 51°13.00 N 179°07.80 W 20

Unalga & Dinkum Rocks Aleutian I. 51°33.67 N 179°04.25 W 51°35.09 N 179°03.66 W 20

Ulak I./Hasgox Pt. Aleutian I. 51°18.90 N 178°58.90 W 51°18.70 N 178°59.60 W 20

Kavalga I. Aleutian I. 51°34.50 N 178°51.73 W 51°34.50 N 178°49.50 W 20

Tag I. Aleutian I. 51°33.50 N 178°34.50 W 20

Ugidak I. Aleutian I. 51°34.95 N 178°30.45 W 20

Gramp Rock Aleutian I. 51°28.87 N 178°20.58 W 20

Tanaga I./Bumpy Pt. Aleutian I. 51°55.00 N 177°58.50 W 51°55.00 N 177°57.10 W 20

Bobrof I. Aleutian I. 51°54.00 N 177°27.00 W 20

Kanaga I./Ship Rock Aleutian I. 51°46.70 N 177°20.72 W 20

Kanaga I./North Cape Aleutian I. 51°56.50 N 177°09.00 W 20

Adak I. Aleutian I. 51°35.50 N 176°57.10 W 51°37.40 N 176°59.60 W 20

Little Tanaga Strait Aleutian I. 51°49.09 N 176°13.90 W 20

Great Sitkin I. Aleutian I. 52°06.00 N 176°10.50 W 52°06.60 N 176°07.00 W 20

Anagaksik I. Aleutian I. 51°50.86 N 175°53.00 W 20

Kasatochi I. Aleutian I. 52°11.11 N 175°31.00 W 20

Atka I./North Cape Aleutian I. 52°24.20 N 174°17.80 W 20

Amlia I./Sviech. Harbor11 Aleutian I. 52°01.80 N 173°23.90 W 20

Sagigik I.11 Aleutian I. 52°00.50 N 173°09.30 W 20

Amlia I./East11 Aleutian I. 52°05.70 N 172°59.00 W 52°05.75 N 172°57.50 W 20

Tanadak I. (Amlia11) Aleutian I. 52°04.20 N 172°57.60 W 20

Agligadak I.11 Aleutian I. 52°06.09 N 172°54.23 W 20

Seguam I./Saddleridge Pt.11 Aleutian I. 52°21.05 N 172°34.40 W 52°21.02 N 172°33.60 W 20

Seguam I./Finch Pt. Aleutian I. 52°23.40 N 172°27.70 W 52°23.25 N 172°24.30 W 20

Seguam I./South Side Aleutian I. 52°21.60 N 172°19.30 W 52°15.55 N 172°31.22 W 20

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TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS—Continued Amukta I. & Rocks Aleutian I. 52°27.25 N 171°17.90 W 20

Chagulak I. Aleutian I. 52°34.00 N 171°10.50 W 20

Yunaska I. Aleutian I. 52°41.40 N 170°36.35 W 20

Uliaga3 Bering Sea 53°04.00 N 169°47.00 W 53°05.00 N 169°46.00 W 20,10

Chuginadak Gulf of Alaska 52°46.70 N 169°41.90 W 20

Kagamil3 Bering Sea 53°02.10 N 169°41.00 W 20,10

Samalga Gulf of Alaska 52°46.00 N 169°15.00 W 20

Adugak I.3 Bering Sea 52°54.70 N 169°10.50 W 10

Umnak I./Cape Aslik3 Bering Sea 53°25.00 N 168°24.50 W BA

Ogchul I. Gulf of Alaska 52°59.71 N 168°24.24 W 20

Bogoslof I./Fire I.3 Bering Sea 53°55.69 N 168°02.05 W BA

Polivnoi Rock Gulf of Alaska 53°15.96 N 167°57.99 W 20

Emerald I. Gulf of Alaska 53°17.50 N 167°51.50 W 20

Unalaska/Cape Izigan Gulf of Alaska 53°13.64 N 167°39.37 W 20

Unalaska/Bishop Pt.9 Bering Sea 53°58.40 N 166°57.50 W 10

Akutan I./Reef-lava9 Bering Sea 54°08.10 N 166°06.19 W 54°09.10 N 166°05.50 W 10

Unalaska I./Cape Sedanka6 Gulf of Alaska 53°50.50 N 166°05.00 W 20

Old Man Rocks6 Gulf of Alaska 53°52.20 N 166°04.90 W 20

Akutan I./Cape Morgan6 Gulf of Alaska 54°03.39 N 165°59.65 W 54°03.70 N 166°03.68 W 20

Akun I./Billings Head9 Bering Sea 54°17.62 N 165°32.06 W 54°17.57 N 165°31.71 W 10

Rootok6 Gulf of Alaska 54°03.90 N 165°31.90 W 54°02.90 N 165°29.50 W 20

Tanginak I.6 Gulf of Alaska 54°12.00 N 165°19.40 W 20

Tigalda/Rocks NE6 Gulf of Alaska 54°09.60 N 164°59.00 W 54°09.12 N 164°57.18 W 20

Unimak/Cape Sarichef9 Bering Sea 54°34.30 N 164°56.80 W 10

Aiktak6 Gulf of Alaska 54°10.99 N 164°51.15 W 20

Ugamak I.6 Gulf of Alaska 54°13.50 N 164°47.50 W 54°12.80 N 164°47.50 W 20

Round (GOA)6 Gulf of Alaska 54°12.05 N 164°46.60 W 20

Sea Lion Rock (Amak)9 Bering Sea 55°27.82 N 163°12.10 W 10

Amak I. And rocks9 Bering Sea 55°24.20 N 163°09.60 W 55°26.15 N 163°08.50 W 10

Bird I. Gulf of Alaska 54°40.00 N 163°17.2 W 10

Caton I. Gulf of Alaska 54°22.70 N 162°21.30 W 3

South Rocks Gulf of Alaska 54°18.14 N 162°41.3 W 10

Clubbing Rocks (S) Gulf of Alaska 54°41.98 N 162°26.7 W 10

Clubbing Rocks (N) Gulf of Alaska 54°42.75 N 162°26.7 W 10

Pinnacle Rock Gulf of Alaska 54°46.06 N 161°45.85 W 3

Sushilnoi Rocks Gulf of Alaska 54°49.30 N 161°42.73 W 10

Olga Rocks Gulf of Alaska 55°00.45 N 161°29.81 W 54°59.09 N 161°30.89 W 10

Jude I. Gulf of Alaska 55°15.75 N 161°06.27 W 20

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TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS—Continued Sea Lion Rocks (Shumagins) Gulf of Alaska 55°04.70 N 160°31.04 W 3

Nagai I./Mountain Pt. Gulf of Alaska 54°54.20 N 160°15.40 W 54°56.00 N 160°15.00 W 3

The Whaleback Gulf of Alaska 55°16.82 N 160°05.04 W 3

Chernabura I. Gulf of Alaska 54°45.18 N 159°32.99 W 54°45.87 N 159°35.74 W 20

Castle Rock Gulf of Alaska 55°16.47 N 159°29.77 W 3

Atkins I. Gulf of Alaska 55°03.20 N 159°17.40 W 20

Spitz I. Gulf of Alaska 55°46.60 N 158°53.90 W 3

Mitrofania Gulf of Alaska 55°50.20 N 158°41.90 W 3

Kak Gulf of Alaska 56°17.30 N 157°50.10 W 20

Lighthouse Rocks Gulf of Alaska 55°46.79 N 157°24.89 W 20

Sutwik I. Gulf of Alaska 56°31.05 N 157°20.47 W 56°32.00 N 157°21.00 W 20

Chowiet I. Gulf of Alaska 56°00.54 N 156°41.42 W 56°00.30 N 156°41.60 W 20

Nagai Rocks Gulf of Alaska 55°49.80 N 155°47.50 W 20

Chirikof I. Gulf of Alaska 55°46.50 N 155°39.50 W 55°46.44 N 155°43.46 W 20

Puale Bay12 Gulf of Alaska 57°40.60 N 155°23.10 W 3,10

Kodiak/Cape Ikolik Gulf of Alaska 57°17.20 N 154°47.50 W 3

Takli I. Gulf of Alaska 58°01.75 N 154°31.25 W 10

Cape Kuliak Gulf of Alaska 58°08.00 N 154°12.50 W 10

Cape Gull Gulf of Alaska 58°11.50 N 154°09.60 W 58°12.50 N 154°10.50 W 10

Kodiak/Cape Ugat Gulf of Alaska 57°52.41 N 153°50.97 W 10

Sitkinak/Cape Sitkinak Gulf of Alaska 56°34.30 N 153°50.96 W 10

Shakun Rock Gulf of Alaska 58°32.80 N 153°41.50 W 10

Twoheaded I. Gulf of Alaska 56°54.50 N 153°32.75 W 56°53.90 N 153°33.74 W 10

Cape Douglas (Shaw I.)12 Gulf of Alaska 59°00.00 N 153°22.50 W 20, 10

Kodiak/Cape Barnabas Gulf of Alaska 57°10.20 N 152°53.05 W 3

Kodiak/Gull Point4 Gulf of Alaska 57°21.45 N 152°36.30 W 10, 3

Latax Rocks Gulf of Alaska 58°40.10 N 152°31.30 W 10

Ushagat I./SW Gulf of Alaska 58°54.75 N 152°22.20 W 10

Ugak I.4 Gulf of Alaska 57°23.60 N 152°17.50 W 57°21.90 N 152°17.40 W 10, 3

Sea Otter I. Gulf of Alaska 58°31.15 N 152°13.30 W 10

Long I. Gulf of Alaska 57°46.82 N 152°12.90 W 10

Sud I. Gulf of Alaska 58°54.00 N 152°12.50 W 10

Kodiak/Cape Chiniak Gulf of Alaska 57°37.90 N 152°08.25 W 10

Sugarloaf I. Gulf of Alaska 58°53.25 N 152°02.40 W 20

Sea Lion Rocks (Marmot) Gulf of Alaska 58°20.53 N 151°48.83 W 10

Marmot I.5 Gulf of Alaska 58°13.65 N 151°47.75 W 58°09.90 N 151°52.06 W 15, 20

Nagahut Rocks Gulf of Alaska 59°06.00 N 151°46.30 W 10

Perl Gulf of Alaska 59°05.75 N 151°39.75 W 10

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TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS—Continued Gore Point Gulf of Alaska 59°12.00 N 150°58.00 W 10

Outer (Pye) I. Gulf of Alaska 59°20.50 N 150°23.00 W 59°21.00 N 150°24.50 W 20

Steep Point Gulf of Alaska 59°29.05 N 150°15.40 W 10

Seal Rocks (Kenai) Gulf of Alaska 59°31.20 N 149°37.50 W 10

Chiswell Islands Gulf of Alaska 59°36.00 N 149°34.00 W 10

Rugged Island Gulf of Alaska 59°50.00 N 149°23.10 W 59°51.00 N 149°24.70 W 10

Point Elrington7, 10 Gulf of Alaska 59°56.00 N 148°15.20 W 20

Perry I.7 Gulf of Alaska 60°44.00 N 147°54.60 W

The Needle7 Gulf of Alaska 60°06.64 N 147°36.17 W

Point Eleanor7 Gulf of Alaska 60°35.00 N 147°34.00 W

Wooded I. (Fish I.) Gulf of Alaska 59°52.90 N 147°20.65 W 20

Glacier Island7 Gulf of Alaska 60°51.30 N 147°14.50 W

Seal Rocks (Cordova)10 Gulf of Alaska 60°09.78 N 146°50.30 W 20

Cape Hinchinbrook10 Gulf of Alaska 60°14.00 N 146°38.50 W 20

Middleton I. Gulf of Alaska 59°28.30 N 146°18.80 W 10

Hook Point10 Gulf of Alaska 60°20.00 N 146°15.60 W 20

Cape St. Elias Gulf of Alaska 59°47.50 N 144°36.20 W 20 1Where two sets of coordinates are given, the baseline extends in a clockwise direction from the first set of geographic coordinates along the shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point. 2Closures as stated in § 679.22(a)(7)(iv), (a)(8)(ii), and (b)(2)(ii). 3This site lies within the Bogoslof area (BA). The BA consists of all waters of area 518 as described in Figure 1 of this part south of a straight line connecting 55°00′ N / 170°00′ W, and 55°00′ N / 168°11′4.75″ W. Closure to directed fishing for pollock around Uliaga and Kagamil is 20 nm for waters west of 170° W long. and 10 nm for waters east of 170° W long. 4Trawl closure between 0 nm to 10 nm is effective from January 20 through May 31. Trawl closure between 0 nm to 3 nm is effective from August 25 through November 1. 5Trawl closure between 0 nm to 15 nm is effective from January 20 through May 31. Trawl closure between 0 nm to 20 nm is effective from August 25 to November 1. 6Restriction area includes only waters of the Gulf of Alaska Area. 7Contact the Alaska Department of Fish and Game for fishery restrictions at these sites. 8No-fishing zones are the waters between 0 nm and the nm specified in column 7 of this table around each site and within the BA. 9This site is located in the Bering Sea Pollock Restriction Area, closed to pollock trawling during the A season. This area consists of all waters of the Bering Sea subarea south of a line connecting the points 55°46′30″ N lat. 163°00′00″ W long. 54°42′9″ N lat. 165°08′00″ W long. 54°26′30″ N lat. 165°40′00″ W long. 54°18′40″ N lat. 166°12′00″ W long. and 54°8′50″ N lat. 167°00′00″ W long. 10The 20 nm closure around this site is effective in federal waters outside of State of Alaska waters of Prince William Sound. 11Some or all of the restricted area is located in the Seguam Foraging area (SFA) which is closed to all gears types. The SFA is established as all waters within the area between 52° N lat. and 53° N lat. and between 173°30′ W long. and 172°30′ W long. 12The 3 nm trawl closure around Puale Bay and the 20 nm trawl closure around Cape Douglas/Shaw I. are effective January 20 through May 31. The 10 nm trawl closure around Puale Bay and the 10 nm trawl closure around Cape Douglas/Shaw I. are effective August 25 through No- vember 1.

■ 21. Table 9 is removed and reserved; and Tables 10, 11, and 12 to part 679 are revised to read as follows: BILLING CODE 3510–22–S

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BILLING CODE 3510–22–C

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TABLE 12 TO PART 679—STELLER SEA LION PROTECTION AREAS, 3NM NO GROUNDFISH FISHING SITES

Column Number 1 2 3 4 5 6 7

Site Name Area or Subarea Boundaries from Boundaries to1 No transit23 (nm)

Latitude Longitude Latitude Longitude

Walrus I. (Pribilofs) Bering Sea 57°11.00 N 169°56.00 W Y

Attu I./Cape Wrangell Aleutian I. 52°54.60 N 172°27.90 E 52°55.40 N 172°27.20 E Y

Agattu I./Gillon Pt. Aleutian I. 52°24.13 N 173°21.31 E Y

Agattu I./Cape Sabak Aleutian I. 52°22.50 N 173°43.30 E 52°21.80 N 173°41.40 E Y

Buldir I. Aleutian I. 52°20.25 N 175°54.03 E 52°20.38 N 175°53.85 E Y

Kiska I./Cape St. Stephen Aleutian I. 51°52.50 N 177°12.70 E 51°53.50 N 177°12.00 E Y

Kiska I./Lief Cove Aleutian I. 51°57.16 N 177°20.41 E 51°57.24 N 177°20.53 E Y

Ayugadak Point Aleutian I. 51°45.36 N 178°24.30 E Y

Amchitka I./Column Rocks Aleutian I. 51°32.32 N 178°49.28 E Y

Amchitka I./East Cape Aleutian I. 51°22.26 N 179°27.93 E 51°22.00 N 179°27.00 E Y

Semisopochnoi/Petrel Pt. Aleutian I. 52°01.40 N 179°36.90 E 52°01.50 N 179°39.00 E Y

Semisopochnoi I./Pochnoi Pt. Aleutian I. 51°57.30 N 179°46.00 E Y

Ulak I./Hasgox Pt. Aleutian I. 51°18.90 N 178°58.90 W 51°18.70 N 178°59.60 W Y

Tag I. Aleutian I. 51°33.50 N 178°34.50 W Y

Gramp Rock Aleutian I. 51°28.87 N 178°20.58 W Y

Adak I. Aleutian I. 51°35.50 N 176°57.10 W 51°37.40 N 176°59.60 W Y

Kasatochi I. Aleutian I. 52°11.11 N 175°31.00 W Y

Agligadak I. Aleutian I. 52°06.09 N 172°54.23 W Y

Seguam I./Saddleridge Pt. Aleutian I. 52°21.05 N 172°34.40 W 52°21.02 N 172°33.60 W Y

Yunaska I. Aleutian I. 52°41.40 N 170°36.35 W Y

Adugak I. Bering Sea 52°54.70 N 169°10.50 W Y

Ogchul I. Gulf of Alaska 52°59.71 N 168°24.24 W Y

Bogoslof I./Fire I. Bering Sea 53°55.69 N 168°02.05 W Y

Akutan I./Cape Morgan Gulf of Alaska 54°03.39 N 165°59.65 W 54°03.70 N 166°03.68 W Y

Akun I./Billings Head Bering Sea 54°17.62 N 165°32.06 W 54°17.57 N 165°31.71 W Y

Ugamak I. Gulf of Alaska 54°13.50 N 164°47.50 W 54°12.80 N 164°47.50 W Y

Sea Lion Rock (Amak) Bering Sea 55°27.82 N 163°12.10 W Y

Clubbing Rocks (S) Gulf of Alaska 54°41.98 N 162°26.7 W Y

Clubbing Rocks (N) Gulf of Alaska 54°42.75 N 162°26.7 W Y

Pinnacle Rock Gulf of Alaska 54°46.06 N 161°45.85 W Y

Chernabura I. Gulf of Alaska 54°45.18 N 159°32.99 W 54°45.87 N 159°35.74 W Y

Atkins I. Gulf of Alaska 55°03.20 N 159°17.40 W Y

Chowiet I. Gulf of Alaska 56°00.54 N 156°41.42 W 56°00.30 N 156°41.60 W Y

Chirikof I. Gulf of Alaska 55°46.50 N 155°39.50 W 55°46.44 N 155°43.46 W Y

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TABLE 12 TO PART 679—STELLER SEA LION PROTECTION AREAS, 3NM NO GROUNDFISH FISHING SITES—Continued Sugarloaf I. Gulf of Alaska 58°53.25 N 152°02.40 W Y

Marmot I. Gulf of Alaska 58°13.65 N 151°47.75 W 58°09.90 N 151°52.06 W Y

Outer (Pye) I. Gulf of Alaska 59°20.50 N 150°23.00 W 59°21.00 N 150°24.50 W Y

Wooded I. (Fish I.) Gulf of Alaska 59°52.90 N 147°20.65 W

Seal Rocks (Cordova) Gulf of Alaska 60°09.78 N 146°50.30 W 1Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point. 2See 50 CFR 223.202(a)(2)(i) for regulations regarding 3 nm no transit zones. Note: No groundfish fishing zones are the waters between 0 nm to 3 nm surrounding each site.

■ 22. Tables 14a and 14b to part 679 are TABLE 14ATOPART 679—PORT OF TABLE 14ATOPART 679—PORT OF revised to read as follows: LANDING CODES, ALASKA—Continued LANDING CODES, ALASKA—Continued

TABLE 14ATOPART 679—PORT OF ADF&G Port Name NMFS Code ADF&G Port Name NMFS Code LANDING CODES, ALASKA Code Code

ADF&G False Pass 125 FSP Moser Bay 312 MOS Port Name NMFS Code Code Fairbanks 305 FBK Naknek 149 NAK Adak 186 ADA Galena 306 GAL Nenana 313 NEN Akutan, 101 AKU Akutan Bay Glacier Bay 307 GLB Nikiski (or 150 NIK Nikishka) Alitak 103 ALI Glennallen 308 GLN Ninilchik 151 NIN Anchorage 105 ANC Gustavus 127 GUS Nome 152 NOM Angoon 106 ANG Haines 128 HNS Nunivak Is- 314 NUN Aniak 300 ANI Homer 132 HOM land

Anvik 301 ANV Hoonah 133 HNH Old Harbor 153 OLD

Atka 107 ATK Hydaburg 309 HYD Other Alas- 499 OAK ka1 Auke Bay 136 JNU Hyder 134 HDR Pelican 155 PEL Beaver Inlet 119 DUT Juneau 136 JNU Petersburg 156 PBG Bethel 302 BET Kake 137 KAK Port Alex- 158 PAL Captains Bay 119 DUT Kaltag 310 KAL ander

Chefornak 189 CHF Kasilof 138 KAS Port Arm- 315 PTA strong Chignik 113 CHG Kenai 139 KEN Port Bailey 159 PTB Cordova 115 COR Kenai River 139 KEN Port Graham 160 GRM Craig 116 CRG Ketchikan 141 KTN Port Lions 316 LIO Dillingham 117 DIL King Cove 142 KCO Port Moller 317 MOL Douglas 136 JNU King Salmon 143 KNG Port Protec- 161 PRO Dutch Har- 119 DUT Kipnuk 144 KIP tion bor/Unalaska Klawock 145 KLA Quinhagak 187 QUK Egegik 122 EGE Kodiak 146 KOD Sand Point 164 SPT Ekuk 303 EKU Kotzebue 311 KOT Savoonga 165 SAV Elfin Cove 123 ELF Larsen Bay 327 LRB Selawik 326 SWK Emmonak 304 EMM Mekoryuk 147 MEK Seldovia 166 SEL Excursion 124 XIP Inlet Metlakatla 148 MET Seward 167 SEW

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TABLE 14ATOPART 679—PORT OF TABLE 14ATOPART 679—PORT OF TABLE 14ATOPART 679—PORT OF LANDING CODES, ALASKA—Continued LANDING CODES, ALASKA—Continued LANDING CODES, ALASKA—Continued

Port Name NMFS Code ADF&G ADF&G ADF&G Code Port Name NMFS Code Code Port Name NMFS Code Code

Sitka 168 SIT Tenakee 174 TEN Valdez 181 VAL Springs Skagway 169 SKG Wasilla 322 WAS Togiak 176 TOG Soldotna 318 SOL Whittier 183 WHT Toksook Bay 177 TOB St. George 170 STG Wrangell 184 WRN Tununak 178 TUN St. Mary 319 STM Yakutat 185 YAK Ugashik 320 UGA St. Paul 172 STP 1To report a landing at an Alaska location Unalakleet 321 UNA not currently assigned a location code num- Tee Harbor 136 JNU ber, use ‘‘Other Alaska’’ code ‘‘499’’ or ‘‘OAK.’’

TABLE 14BTOPART 679—PORT OF LANDING CODES: NON-ALASKA (California, Canada, Oregon, and Washington)

Port State or Country Port Name NMFS Code ADF&G Code

CALIFORNIA Eureka 500 EUR

Other California1 599 OCA

CANADA Other Canada1 899 OCN

Port Edward, B.C. 802 PRU

Prince Rupert, B.C. 802 PRU

Vancouver, B.C. 803 VAN

OREGON Astoria 600 AST

Newport 603 NPT

Other Oregon1 699 OOR

Portland 323 POR

Warrenton 604 WAR

WASHINGTON Anacortes 700 ANA

Bellingham 702 BEL

Blaine 717 BLA

Everett 704 EVT

La Conner 708 LAC

Olympia 324 OLY

Other Washington1 799 OWA

Seattle 715 SEA

Tacoma 325 TAC 1To report a landing at a location not currently assigned a location code number, use the code for ‘‘Other California’’, ‘‘Other Oregon’’, ‘‘Other Washington’’, or ‘‘Other Canada’’ at which the landing occurs.

* * * * * ■ 23. Table 15 to part 679 is revised to read as follows:

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TABLE 15 TO PART 679—GEAR CODES, DESCRIPTIONS, AND USE (X indicates where this code is used)

Use alphabetic code to complete the following: Use numeric code to complete the following: Name of gear Electronic check- Numeric gear Alpha gear code NMFS logbooks in/ check-out code IERS eLandings ADF&G COAR

NMFS AND ADF&G GEAR CODES

Hook-and-line HAL X X 61 X X

Jig, mechanical JIG X X 26 X X

Pot POT X X 91 X X

Trawl, nonpelagic/ NPT X X 07 X X bottom

Trawl, pelagic/ PTR X X 47 X X midwater

Troll, dinglebar TROLL X X 25 X X

Troll, hand TROLL X X 05 X X

Troll, power gurdy TROLL X X 15 X X

All other gear types OTH X X

ADF&G GEAR CODES

Diving 11 X X

Dredge 22 X X

Dredge, hydro/me- 23 X X chanical

Fish ladder/race- 77 X X way

Fish wheel 08 X X

Gillnet, drift 03 X X

Gillnet, herring 34 X X

Gillnet, set 04 X X

Gillnet, sunken 41 X X

Handpicked 12 X X

Net, dip 13 X X

Net, ring 10 X X

Other/specify 99 X X

Pound 21 X X

Seine, purse 01 X X

Seine, beach 02 X X

Shovel 18 X X

Trap 90 X X

Trawl, beam 17 X X

Trawl, double otter 27 X

Trawl, pair 37 X X

Weir 14 X X

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TABLE 15 TO PART 679—GEAR CODES, DESCRIPTIONS, AND USE—Continued (X indicates where this code is used)

Use alphabetic code to complete the following: Use numeric code to complete the following: Name of gear Electronic check- Numeric gear Alpha gear code NMFS logbooks in/ check-out code IERS eLandings ADF&G COAR

FIXED GEAR

Authorized gear for All longline gear (hook-and-line, jig, troll, and handline) and, for purposes of determining initial IFQ allocation, all pot sablefish harvested gear used to make a legal landing. from any GOA re- porting area

Authorized gear for All hook-and-line gear and all pot gear. sablefish harvested from any BSAI re- porting area

Authorized gear for All fishing gear comprised of lines with hooks attached, including one or more stationary, buoyed, and anchored lines halibut harvested with hooks attached. from any IFQ regu- latory area

PART 680—SHELLFISH FISHERIES OF (4) Catcher/processor crew (CPC) IFQ Record- THE EXCLUSIVE ECONOMIC ZONE means crab IFQ derived from QS keeping and Person re- Reference OFF ALASKA initially issued to persons who reporting re- sponsible historically held CFEC crab permits and port ■ 24. The authority citation for part 680 signed fish tickets for qualifying * * * * * * * continue to read as follows: landings based on landings processed at Authority: 16 U.S.C. 1862. sea, to annually harvest and process CR (G) CR crab RCR § 679.5(e)(9) crab. landing re- ■ 25. In § 680.2, under the definition of * * * * * port ‘‘Crab individual fishing quota (crab IFQ)’’, paragraphs (1), (2) introductory Sideboards (see § 680.22). * * * * * * * text, (3), and (4) are revised and a * * * * * definition for ‘‘Sideboards’’ is added in (L) CR RCR RCR § 680.5(m) ■ 26. In § 680.4, paragraph (d)(3) is Ex vessel alphabetical order to read as follows: revised to read as follows: Volume and Value Report § 680.2 Definitions. § 680.4 Permits. * * * * * * * * * * * * * * * Crab individual fishing quota (crab (d) * * * (b) IFQ crab landings—(1) Landing IFQ) * * * reports. See § 679.5(e) of this chapter. (1) Catcher vessel crew (CVC) IFQ (3) On an annual basis, the Regional Administrator will issue a crab IFQ (2) Properly debited landing. All means crab IFQ derived from QS landed crab catch must be weighed, initially issued to persons who permit to a person who submits a complete annual application for a crab reported, and debited from the historically held CFEC crab permits and appropriate IFQ account under which signed fish tickets for qualifying IFQ/IPQ permit, described at paragraph (f) of this section, that is subsequently the catch was harvested, and IPQ landings based on pounds delivered account under which it was received, as raw; to annually harvest, but not approved by the Regional Administrator. appropriate (see § 679.5(e) of this process, CR crab onboard the vessel chapter). * * * * * used to harvest that crab. * * * * * (2) Catcher vessel owner (CVO) IFQ ■ 27. In § 680.5: (m) CR Registered Crab Receiver means crab IFQ derived from QS ■ A. Paragraphs (c) and (d) are removed (RCR) Ex-vessel Volume and Value initially issued to persons who held LLP and reserved. Report—(1) Applicability. An RCR that crab permits and had qualifying ■ B. Paragraphs (a)(2)(i)(G) and (b) are also operates as a shoreside processor or landings based on pounds delivered revised. stationary floating crab processor and raw; to annually harvest, but not receives and purchases landings of CR ■ C. Paragraphs (a)(2)(i)(L) and (m) are process, CR crab onboard the vessel crab must submit annually to NMFS a added. used to harvest that crab. complete CR RCR Ex-vessel Volume and * * * * * The revisions and additions read as Value Report, as described in this (3) Catcher/processor owner (CPO) follows: paragraph (m), for each reporting period IFQ means crab IFQ derived from QS § 680.5 Recordkeeping and reporting in which the RCR receives CR crab. initially issued to persons who held LLP (R&R). (2) Reporting period. The reporting crab permits and had qualifying period of the CR RCR Ex-vessel Volume landings derived from landings (a) * * * and Value Report shall extend from processed at sea, to annually harvest (2) * * * August 15 through April 30 of the and process CR crab. (i) * * * following year, inclusive.

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(3) Due date. A complete CR RCR Ex- (B) Ex-vessel value paid. The total by road or regularly scheduled air vessel Volume and Value Report must gross ex-vessel value paid for raw CR service and weigh that product on a be received by the Regional crab pounds before any deductions are scale approved by the state in which the Administrator not later than May 15 of made for goods and services provided to CR crab product is removed from the the reporting period in which the RCR the CR crab harvesters. The gross value vessel that harvested the CR crab; and received the CR crab. includes all value paid in any form (e.g., * * * * * (4) Information required. The RCR dollars, goods, services, bait, ice, fuel, must log in to http:// repairs, machinery replacement, etc.), ■ 29. In § 680.44, paragraph (a)(2)(i) is alaskafisheries.noaa.gov using the and any retro payments paid for crab in revised to read as follows: RCR’s password and NMFS person ID to paragraph (m)(4)(iii)(A) of this section. submit a CR RCR Ex-vessel Volume and (iv) Certification. By using the RCR § 680.44 Cost recovery. Value Report. The NMFS software NMFS ID and password and submitting (a) * * * autofills the RCR name. The User must the report, the RCR certifies that all (2) * * * review the autofilled cells to ensure that information is true, correct, and they are accurate. The RCR must enter complete to the best of his or her (i) All CR allocation holders and RCR the information in paragraphs (m)(4)(i) knowledge and belief. permit holders will be subject to a fee through (iv) of this section for a (5) Submittal. The RCR must complete liability for any CR crab debited from a complete CR RCR Ex-vessel Volume and and submit online by electronic CR allocation during a crab fishing year, Value Report for priced crab delivered submission to NMFS the CR Registered except for crab designated as personal raw: Crab Receiver Ex-vessel Volume and use or deadloss, or crab confiscated by (i) RCR identification. (A) RCR permit Value Report available at https:// NMFS or the State of Alaska. number. alaskafisheries.noaa.gov. * * * * * (B) Landing month. ■ 28. In § 680.23, paragraph (b)(4) is (C) Port (location of facility or vessel). revised to read as follows: §§ 680.7, 680.20, and 680.40 [Amended] (ii) CR crab program (e.g., IFQ, CDQ, ADAK). § 680.23 Equipment and operational ■ 30. At each of the locations shown in (iii) CR crab pounds purchased and requirements. the Location column, remove the phrase ex-vessel value. Enter for each program, * * * * * indicated in the ‘‘Remove’’ column and fishery, species, and month. (b) * * * replace it with the phrase indicated in (A) Pounds purchased. The total CR (4) Offload all CR crab product the ‘‘Add’’ column for the number of crab pounds purchased by fishery and processed onboard at a shoreside times indicated in the ‘‘Frequency’’ species for each month. location in the United States accessible column.

Location Remove Add Frequency

§ 680.7(e)(1) without a valid crab IFQ permit without a legible copy of a valid crab IFQ 1 permit

§ 680.20(g)(2)(ix) not required under this section, except as unless required under this section. 1 permitted by paragraph (j) of this section.

§ 680.40(c)(2)(vi)(A) § 679.40(k)(5)(v) § 679.4(k)(5)(v) of this chapter 1

[FR Doc. E8–29625 Filed 12–12–08; 8:45 am] BILLING CODE 3510–22–S

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Reader Aids Federal Register Vol. 73, No. 241 Monday, December 15, 2008

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 8 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 103...... 75540 212...... 75540 The United States Government Manual 741–6000 8324...... 73149 8325...... 73151 214...... 75540 Other Services 8326...... 74925 245...... 75540 Electronic and on-line services (voice) 741–6020 8327...... 75293 299...... 74605, 75540 Privacy Act Compilation 741–6064 8328...... 75925 9 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: 317...... 75564 TTY for the deaf-and-hard-of-hearing 741–6086 12171 (amended by 13480) ...... 73991 381...... 75564 13480...... 73991 10 CFR ELECTRONIC RESEARCH 13481...... 75531 Proposed Rules: World Wide Web Administrative Orders: 430...... 74639 Memorandums: Full text of the daily Federal Register, CFR and other publications 1004...... 74658 Memorandum of July is located at: http://www.gpoaccess.gov/nara/index.html 1010...... 72748 10, 2002 Federal Register information and research tools, including Public (superseded by 11 CFR Inspection List, indexes, and links to GPO Access are located at: Memorandum of http://www.archives.gov/federallregister December 9, 111...... 72687 E-mail 2008) ...... 75535 12 CFR Memorandum of FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is December 8, 2006 308...... 73153 an open e-mail service that provides subscribers with a digital (superseded by EO 327...... 73158 form of the Federal Register Table of Contents. The digital form 13481) ...... 75531 701...... 73392 of the Federal Register Table of Contents includes HTML and Memorandum of 702...... 72688 PDF links to the full text of each document. December 9, 2008 ...... 75531 704...... 72688 Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select Memorandum of 226...... 74989 Online mailing list archives, FEDREGTOC-L, Join or leave the list December 9, 2008 ...... 75535 (or change settings); then follow the instructions. 5 CFR 13 CFR PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 120...... 75498 service that notifies subscribers of recently enacted laws. 315...... 74071 14 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 316...... 74071 and select Join or leave the list (or change settings); then follow 532...... 74374 1...... 73768 the instructions. 591...... 74858 25...... 73997 39 ...... 73165, 73168, 73169, FEDREGTOC-L and PENS are mailing lists only. We cannot 9901...... 73606 73545, 73782, 73785, 75305, respond to specific inquiries. 6 CFR 75307, 75312, 75314, 75316, Reference questions. Send questions and comments about the Proposed Rules: 75319 Federal Register system to: [email protected] 5 ...... 74632, 74633, 74635, 71 ...... 75936, 75938, 75939, The Federal Register staff cannot interpret specific documents or 74637, 75372, 75373 75941 regulations. 91...... 73171 7 CFR 97...... 74927, 74928 250...... 74605 101...... 73768 FEDERAL REGISTER PAGES AND DATE, DECEMBER 301...... 75537 121...... 73171 72687–73148...... 1 761...... 74343 125...... 73171 73149–73544...... 2 762...... 74343 400...... 73768 764...... 74343 401...... 73768 73545–73760...... 3 767...... 74343 420...... 73768 73761–73994...... 4 920...... 75537 Proposed Rules: 73995–74342...... 5 930...... 75927 23...... 73195 74343–74604...... 8 946...... 74346, 75929 39 ...... 73618, 74080, 74661, 74605–74926...... 9 984...... 73761, 73995 74999, 75007, 75009, 75977 74927–75304...... 10 987...... 75931 71 ...... 74376, 74377, 74378, 75305–75534...... 11 993...... 75934 75011, 75013 75535–75926...... 12 1430...... 73764 234...... 74586 75927–76190...... 15 Proposed Rules: 259...... 74586 319...... 74073 399...... 74586 930...... 74073 1205...... 72747 15 CFR 1220...... 74078 6...... 75321 1487...... 73617 730...... 75942

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734...... 75942 73...... 73181 180 ...... 73580, 73586, 74972, 122...... 74426 736...... 75942 74978, 75601, 75605 170...... 74426 740...... 75942 29 CFR 220...... 74983 171...... 74426 742...... 75942 1910...... 75568 221...... 74983 172...... 74426 743...... 75942 1915...... 75568 222...... 74983 174...... 74426 744...... 73999 1917...... 75246, 75568 223...... 74983 175...... 74426 745...... 75942 1918...... 75246, 75568 224...... 74983 176...... 74426 747...... 75942 1926...... 75568 227...... 74983 178...... 74426 754...... 75942 4022...... 72715 228...... 74983 179...... 74426 758...... 75942 4044...... 72716 261...... 72912 185...... 74426 760...... 74348 Proposed Rules: 262...... 72912 764...... 75942 1926...... 73197 1045...... 73789 47 CFR 766...... 75942 1054...... 73789 51...... 72732 768...... 75942 30 CFR 1065...... 73789 54...... 72732 770...... 73547 780...... 75814 Proposed Rules: 61...... 72732 772...... 75942 784...... 75814 Ch. I ...... 73620 69...... 72732 774...... 73547, 75942 816...... 75814 52 ...... 74096, 74097, 74098, 73...... 73192, 74047 902...... 74003, 76136 817...... 75814 75626 Proposed Rules: 924...... 74943 60...... 72962, 73629 Ch. 1 ...... 75629 17 CFR 938...... 72717 61...... 73629 1...... 75376 240...... 76104 63 ...... 72756, 73629, 73631 73 ...... 73199, 75381, 75630, Proposed Rules: 31 CFR 72...... 75983 75631 15...... 75888 103...... 74010 73...... 75983 16...... 75888 380...... 75589 74...... 75983 48 CFR 17...... 75888 560...... 73788 77...... 75983 533...... 74613 18...... 75888 78...... 75983 552...... 74613 32 CFR 19...... 75888 80...... 74350 Proposed Rules: 21...... 75888 199...... 74945 158...... 75629 536...... 73199 36...... 75888 706 ...... 72725, 73556, 73557, 161...... 75629 1804...... 73201 40...... 75888 75591 180...... 73632 1845...... 73202 Proposed Rules: 239...... 75986 18 CFR 1852...... 73201, 73202 185...... 73896 258...... 75986 284...... 72692, 73494 260...... 73520 49 CFR 33 CFR 261...... 73520 19 CFR 192...... 72737 110...... 75951 264...... 73520 229...... 74070 351...... 74930 117...... 74018, 74966 265...... 73520 232...... 74070 268...... 73520 Proposed Rules: Proposed Rules: 383...... 73096 360...... 75624 117...... 72752 270...... 73520 384...... 73096 165...... 75980 273...... 73520 390...... 73096 20 CFR 391...... 73096 34 CFR 42 CFR Proposed Rules: Proposed Rules: 440...... 73694 416...... 74663 99...... 74806 89...... 74098 300...... 73006 Proposed Rules: 21 CFR 213...... 73078 84...... 75027, 75045 390...... 73129 101...... 74349 36 CFR 43 CFR 391...... 73129 556...... 72714 2...... 74966 571...... 72758 558...... 72714, 75323 7...... 74606 419...... 74031 573...... 74101 1300...... 73549 212...... 74612 429...... 74326 575...... 72758 1315...... 73549 423...... 75347 579...... 72758, 74101 1316...... 73549 37 CFR 2300...... 74039 Proposed Rules: 41...... 74972 3800...... 73789 50 CFR Ch. I ...... 75625 381...... 72726 44 CFR 14...... 74615 17 ...... 73794, 74357, 75356 22 CFR 38 CFR 64...... 75609 27...... 74966 Proposed Rules: 53...... 73558 67...... 73182 229 ...... 73032, 75611, 75613 62...... 75015 Proposed Rules: 300...... 72737 39 CFR 67...... 74666, 74673 404...... 73592 24 CFR 912...... 75339 600...... 75968 45 CFR 576...... 75324 Proposed Rules: 622...... 73192 582...... 75324 3001...... 72754 301...... 74898 648...... 74373, 74631 583...... 75324 302...... 74898 660 ...... 72739, 72740, 75975 40 CFR 303...... 74898 665...... 75615, 75622 25 CFR Ch. I ...... 75592 304...... 74898 679...... 74987, 76136 293...... 74004 19...... 75340 Proposed Rules: 680...... 76136 27...... 75340 301...... 74408 Proposed Rules: 26 CFR 52 ...... 73562, 74019, 74027, 302...... 74408 17 ...... 73211, 74123, 74427, 1 ...... 75326, 75566, 75946 74029, 75600 303...... 74408 74434, 74674, 74675, 75176 301...... 73180 63...... 72727 305...... 74408 21...... 74445, 74447 Proposed Rules: 72...... 75954, 75959 308...... 74408 216...... 75631, 75988 1 ...... 73197, 74380, 75979 73...... 75954, 75959 226...... 74681 31...... 74082 74...... 75954, 75959 46 CFR 622...... 73219 77...... 75954, 75959 Proposed Rules: 635...... 75382 28 CFR 78...... 75954, 75959 71...... 74426 665...... 75057 26...... 75327 80...... 74403 114...... 74426 679 ...... 73222, 75059, 75659 28...... 74932 112...... 74236, 75346 115...... 74426 680...... 74129, 75661

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REMINDERS Identifier; Repair and published 12-5-08 [FR E8- Magnuson-Stevens Act The items in this list were Maintenance; published 28674] Provisions; Fisheries Off editorially compiled as an aid 11-10-08 AGRICULTURE West Coast States: to Federal Register users. INTERIOR DEPARTMENT DEPARTMENT Pacific Coast Groundfish Inclusion or exclusion from Indian Affairs Bureau Animal and Plant Health Fishery; Biennial Specifications and this list has no legal Indian Trust Management Inspection Service significance. Management Measures; Reform; published 11-13-08 Handling of Animals; Inseason Adjustments; INTERIOR DEPARTMENT Contingency Plans; comments due by 12-26- comments due by 12-22-08; RULES GOING INTO Indian Trust Management 08; published 12-1-08 [FR published 10-23-08 [FR E8- Reform; published 11-13-08 E8-28457] EFFECT DECEMBER 15, 25289] 2008 INTERIOR DEPARTMENT COMMODITY FUTURES AGRICULTURE TRADING COMMISSION National Park Service DEPARTMENT Electronic Filing of Disclosure COMMERCE DEPARTMENT National Park System Units in Energy Policy and New Documents; comments due Industry and Security Alaska; published 11-14-08 Uses Office, Agriculture by 12-26-08; published 11- Bureau TRANSPORTATION Department 26-08 [FR E8-28177] Export Administration DEPARTMENT Designation of Biobased Items DEFENSE DEPARTMENT Regulations: Authority Federal Aviation for Federal Procurement; Defense Acquisition Citations Updates and Administration comments due by 12-22-08; Technical Corrections; Regulations System Airworthiness Directives: published 10-23-08 [FR E8- published 12-15-08 Defense Federal Acquisition Boeing Model 727 200 and 25037] Regulation Supplement; ENVIRONMENTAL 727 200F Series AGRICULTURE Protection of Human PROTECTION AGENCY Airplanes etc.; published DEPARTMENT Subjects in Research Acid Rain Program Rules; 11-10-08 United States Department of Projects (DFARS Case Rulemaking to Reaffirm the Bombardier Model BD-700- Agriculture Research 2007-D008); comments due Promulgation of Revisions; 1A10 and BD-700-1A11 Misconduct Regulations for by 12-26-08; published 10- published 12-15-08 Airplanes; published 11- Extramural Research; 27-08 [FR E8-25562] Approval and Promulgation of 28-08 comments due by 12-24-08; EDUCATION DEPARTMENT Implementation Plans: MD Helicopters, Inc. Model published 11-24-08 [FR E8- Availability of Information to Alaska; Interstate Transport 500N and 600N 27607] the Public; comments due of Pollution; published 10- Helicopters; published 11- COMMERCE DEPARTMENT by 12-26-08; published 11- 15-08 28-08 Economic Development 26-08 [FR E8-28174] Control of Hazardous Air Rolls - Royce plc Models Administration Rehabilitation Training; Pollutants From Mobile comments due by 12-26-08; RB211 Trent 768-60, Revisions to the EDA Sources: published 11-25-08 [FR E8- Trent 772-60, and Trent Regulations; comments due 28010] Early Credit Technology 772B-60 Turbofan by 12-22-08; published 10- Requirement Revision; Engines; published 11-28- 22-08 [FR E8-25004] ENERGY DEPARTMENT published 10-16-08 08 COMMERCE DEPARTMENT Federal Energy Regulatory Withdrawals of Federal TRANSPORTATION Commission National Oceanic and Antidegradation Policy: DEPARTMENT Electric Reliability Organization Atmospheric Administration All Waters of the United Federal Railroad Interpretations of Specific Endangered and Threatened States within the Administration Requirements of Frequency Wildlife and Plants: Response, Bias, Voltage, Commonwealth of Electronically Controlled Proposed Rulemaking to and Reactive Control Pennsylvania; published Pneumatic Brake Systems; Designate Critical Habitat Reliability Standards; 9-15-08 published 10-16-08 for the Threatened FEDERAL comments due by 12-26-08; TREASURY DEPARTMENT Southern Distinct COMMUNICATIONS published 11-26-08 [FR E8- Internal Revenue Service Population Segment of COMMISSION 28087] Guidance Regarding the North American Green Television Broadcasting ENVIRONMENTAL Treatment of Stock of a Sturgeon; comments due Services: PROTECTION AGENCY Controlled Corporation by 12-22-08; published Approval and Promulgation of Casper, WY; published 11- Under Section 355(a)(3)(B); 11-3-08 [FR E8-26155] Air Quality Implementation 14-08 published 12-15-08 Fisheries in the Western Plans: Huntsville, AL; published 11- Pacific: Tennessee; Approval of 14-08 COMMENTS DUE NEXT Bottomfish and Seamount Revisions to the Knox Kansas City, MO; published WEEK Groundfish Fisheries; County Portion of the 11-14-08 2008-09 Main Hawaiian Tennessee State Sioux City, IA; published 11- Islands Bottomfish Total Implementation Plan - 14-08 AGRICULTURE Allowable Catch; Permit by Rule Provision; DEPARTMENT HOMELAND SECURITY comments due by 12-26- comments due by 12-24- DEPARTMENT Agricultural Marketing 08; published 12-10-08 08; published 11-24-08 Service [FR E8-29205] [FR E8-27740] Coast Guard National Organic Program Fisheries of the Exclusive Environmental Statements; Drawbridge Operation (NOP) - Access to Pasture Economic Zone Off Alaska: Notice of Intent: Regulation: (Livestock); comments due Revise Maximum Retainable Coastal Nonpoint Pollution Cumberland River, by 12-23-08; published 10- Amounts of Groundfish Control Programs; States Nashville, TN; published 24-08 [FR E8-25094] Using Arrowtooth Flounder and Territories— 11-25-08 Soybean Promotion, Research, as a Basis Species in the Florida and South Drawbridge Operation and Information Program: Gulf of Alaska; comments Carolina; Open for Regulations: Amend Procedures to due by 12-26-08; comments until further Upper Mississippi River, Request a Referendum; published 11-25-08 [FR notice; published 2-11- Clinton, Iowa, Activity comments due by 12-22-08; E8-28020] 08 [FR 08-00596]

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Ocean Dumping; Designation HOMELAND SECURITY comments due by 12-23-08; comments due by 12-23-08; of Ocean Dredged Material DEPARTMENT published 10-9-08 [FR E8- published 9-24-08 [FR E8- Disposal Sites offshore of Federal Emergency 24033] 22481] the Umpqua River, OR; List of Approved Spent Fuel Management Agency TREASURY DEPARTMENT comments due by 12-26-08; Proposed Flood Elevation Storage Casks: published 11-25-08 [FR E8- Determinations; comments MAGNASTOR Addition; Agency Information Collection 27967] due by 12-24-08; published comments due by 12-22- Activities; Proposals, Oil Pollution Prevention; Non- 9-25-08 [FR E8-22523] 08; published 11-21-08 Submissions, and Approvals; Transportation Related [FR E8-27716] comments due by 12-22-08; HOMELAND SECURITY List of Approved Spent Fuel published 11-20-08 [FR E8- Onshore Facilities; DEPARTMENT comments due by 12-26-08; Storage Casks: 27625] Privacy Act; Systems of published 11-26-08 [FR E8- MAGNASTOR Addition; Records; comments due by VETERANS AFFAIRS 28120] comments due by 12-22-08; DEPARTMENT 12-26-08; published 11-25- published 11-21-08 [FR E8- Proposed Federal 08 [FR E8-28061] 27715] Servicemembers’ Group Life Requirements Under the HOUSING AND URBAN SECURITIES AND Insurance Traumatic Injury Underground Injection DEVELOPMENT EXCHANGE COMMISSION Protection Program; Control Program, etc. DEPARTMENT Temporary Exemption for comments due by 12-26-08; published 11-26-08 [FR E8- Extension of Comment Agency Information Collection Liquidation of Certain Money 28114] Period; comments due by Activities; Proposals, Market Funds; comments 12-24-08; published 11- Submissions, and Approvals; due by 12-26-08; published 21-08 [FR E8-27738] comments due by 12-22-08; 11-26-08 [FR E8-28050] Revisions to the California published 11-21-08 [FR E8- TRANSPORTATION LIST OF PUBLIC LAWS State Implementation Plan: 27678] DEPARTMENT Imperial County Air Pollution INTERIOR DEPARTMENT Federal Aviation This is a continuing list of Administration public bills from the current Control District, Mojave Fish and Wildlife Service Desert Air Quality Airport Privatization Pilot session of Congress which Endangered and Threatened Management District, et Program; comments due by have become Federal laws. It Wildlife and Plants: al.; comments due by 12- 12-22-08; published 10-21- may be used in conjunction 24-08; published 11-24-08 90-Day Finding on a 08 [FR E8-25050] with ‘‘P L U S’’ (Public Laws [FR E8-27737] Petition to Delist Cirsium Airworthiness Directives: Update Service) on 202–741– vinaceum (Sacramento 6043. This list is also Wisconsin: Final Authorization ATR Model ATR42-200, et Mountains Thistle); al.; comments due by 12- available online at http:// of State Hazardous Waste comments due by 12-22- 26-08; published 11-26-08 www.archives.gov/federal- Management Program 08; published 11-6-08 [FR [FR E8-28163] register/laws.html. Revision; comments due by E8-26275] General Electric Company 12-26-08; published 11-25- The text of laws is not 08 [FR E8-27971] Listing 48 Species on Kauai CF6-80A, CF6-80C2, and as Endangered and CF6-80E1 Series published in the Federal Wisconsin; Final Authorization Designating Critical Turbofan Engines; Register but may be ordered of State Hazardous Waste Habitat; comments due by comments due by 12-22- in ‘‘slip law’’ (individual Management Program 12-22-08; published 10- 08; published 10-23-08 pamphlet) form from the Revision; comments due by 21-08 [FR E8-23561] [FR E8-25278] Superintendent of Documents, 12-24-08; published 11-24- U.S. Government Printing JUSTICE DEPARTMENT Hawker Beechcraft 08 [FR E8-27855] Corporation Model 390 Office, Washington, DC 20402 Prisons Bureau FEDERAL Airplanes; comments due (phone, 202–512–1808). The COMMUNICATIONS Pre-Release Community by 12-23-08; published text will also be made COMMISSION Confinement; comments due 10-24-08 [FR E8-25284] available on the Internet from by 12-22-08; published 10- McDonnell Douglas Model GPO Access at http:// Radio Broadcasting Services; 21-08 [FR E8-24928] www.gpoaccess.gov/plaws/ Kihei, HI; comments due by DC 10 10, DC 10 10F, NATIONAL AERONAUTICS DC 10 15, DC 10 30, DC index.html. Some laws may 12-22-08; published 11-17- not yet be available. 08 [FR E8-27244] AND SPACE 10 30F (KC 10A and ADMINISTRATION KDC-10), DC 10 40, DC H.R. 2040/P.L. 110–451 HEALTH AND HUMAN Protection of the Florida 10 40F, MD 10 10F, and SERVICES DEPARTMENT Manatee; comments due by MD 10 30F Airplanes; Civil Rights Act of 1964 Food and Drug 12-23-08; published 10-24- comments due by 12-22- Commemorative Coin Act Administration 08 [FR E8-25401] 08; published 11-26-08 (Dec. 2, 2008; 122 Stat. 5021) [FR E8-28129] Agency Information Collection NATIONAL CREDIT UNION Proposed Revision of Class E S. 602/P.L. 110–452 Activities; Proposals, ADMINISTRATION Airspace: Child Safe Viewing Act of Submissions, and Approvals; Display of Official Sign: comments due by 12-22-08; Galena, AK; comments due 2007 (Dec. 2, 2008; 122 Stat. Temporary Increase in published 10-23-08 [FR E8- by 12-22-08; published 5025) Standard Maximum Share 11-7-08 [FR E8-26656] 25336] S. 1193/P.L. 110–453 Insurance Amount; Special Conditions: HOMELAND SECURITY Coverage for Custodial General Electric Company To direct the Secretary of the DEPARTMENT Loan Accounts; comments GEnx-2B Model Turbofan Interior to take into trust 2 Coast Guard due by 12-22-08; Engines; comments due parcels of Federal land for the published 10-22-08 [FR Agency Information Collection by 12-24-08; published benefit of certain Indian E8-25124] Activities; Proposals, 11-24-08 [FR E8-27540] Pueblos in the State of New Submissions, and Approvals; NUCLEAR REGULATORY TREASURY DEPARTMENT Mexico, and for other comments due by 12-26-08; COMMISSION Internal Revenue Service purposes. (Dec. 2, 2008; 122 published 10-27-08 [FR E8- Categorical Exclusions from Targeted Populations Under Stat. 5027) 25516] Environmental Review; Section 45D(e)(2); Last List December 2, 2008

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enacted public laws. To PENS cannot respond to subscribe, go to http:// specific inquiries sent to this Public Laws Electronic listserv.gsa.gov/archives/ address. Notification Service publaws-l.html (PENS) Note: This service is strictly for E-mail notification of new PENS is a free electronic mail laws. The text of laws is not notification service of newly available through this service.

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CFR CHECKLIST Title Stock Number Price Revision Date 900–End ...... (869–064–00038–6) ...... 53.00 Jan. 1, 2008 This checklist, prepared by the Office of the Federal Register, is 13 ...... (869–064–00039–4) ...... 58.00 Jan. 1, 2008 published weekly. It is arranged in the order of CFR titles, stock 14 Parts: numbers, prices, and revision dates. 1–59 ...... (869–064–00040–8) ...... 66.00 Jan. 1, 2008 An asterisk (*) precedes each entry that has been issued since last 60–139 ...... (869–064–00041–6) ...... 61.00 Jan. 1, 2008 week and which is now available for sale at the Government Printing 140–199 ...... (869–064–00042–4) ...... 33.00 Jan. 1, 2008 Office. 200–1199 ...... (869–064–00043–2) ...... 53.00 Jan. 1, 2008 A checklist of current CFR volumes comprising a complete CFR set, 1200–End ...... (869–064–00044–1) ...... 48.00 Jan. 1, 2008 also appears in the latest issue of the LSA (List of CFR Sections 15 Parts: Affected), which is revised monthly. 0–299 ...... (869–064–00045–9) ...... 43.00 Jan. 1, 2008 The CFR is available free on-line through the Government Printing 300–799 ...... (869–064–00046–7) ...... 63.00 Jan. 1, 2008 Office’s GPO Access Service at http://www.gpoaccess.gov/cfr/ 800–End ...... (869–064–00047–5) ...... 45.00 Jan. 1, 2008 index.html. For information about GPO Access call the GPO User 16 Parts: Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 0–999 ...... (869–064–00048–3) ...... 53.00 Jan. 1, 2008 The annual rate for subscription to all revised paper volumes is 1000–End ...... (869–064–00049–1) ...... 63.00 Jan. 1, 2008 $1499.00 domestic, $599.60 additional for foreign mailing. 17 Parts: Mail orders to the Superintendent of Documents, Attn: New Orders, 1–199 ...... (869–064–00051–3) ...... 53.00 Apr. 1, 2008 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 200–239 ...... (869–064–00052–1) ...... 63.00 Apr. 1, 2008 accompanied by remittance (check, money order, GPO Deposit 240–End ...... (869–064–00053–0) ...... 65.00 Apr. 1, 2008 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 18 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–399 ...... (869–064–00054–8) ...... 65.00 Apr. 1, 2008 charge orders to (202) 512-2250. 400–End ...... (869–064–00055–6) ...... 29.00 Apr. 1, 2008 Title Stock Number Price Revision Date 19 Parts: 1–140 ...... (869–064–00056–4) ...... 64.00 Apr. 1, 2008 1 ...... (869–064–00001–7) ...... 5.00 4 Jan. 1, 2008 141–199 ...... (869–064–00057–2) ...... 61.00 Apr. 1, 2008 2 ...... (869–064–00002–5) ...... 8.00 Jan. 1, 2008 200–End ...... (869–064–00058–1) ...... 34.00 Apr. 1, 2008 3 (2006 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–064–00059–9) ...... 53.00 Apr. 1, 2008 102) ...... (869–064–00003–3) ...... 35.00 1 Jan. 1, 2008 400–499 ...... (869–064–00060–2) ...... 67.00 Apr. 1, 2008 4 ...... (869–064–00004–1) ...... 13.00 Jan. 1, 2008 500–End ...... (869–064–00061–1) ...... 66.00 Apr. 1, 2008 5 Parts: 21 Parts: 1–699 ...... (869–064–00005–0) ...... 63.00 Jan. 1, 2008 1–99 ...... (869–064–00062–9) ...... 43.00 Apr. 1, 2008 700–1199 ...... (869–064–00006–8) ...... 53.00 Jan. 1, 2008 100–169 ...... (869–064–00063–7) ...... 52.00 Apr. 1, 2008 1200–End ...... (869–064–00007–6) ...... 64.00 Jan. 1, 2008 170–199 ...... (869–064–00064–5) ...... 53.00 Apr. 1, 2008 200–299 ...... (869–064–00065–3) ...... 20.00 Apr. 1, 2008 6 ...... (869–064–00008–4) ...... 13.50 Jan. 1, 2008 300–499 ...... (869–064–00066–1) ...... 33.00 Apr. 1, 2008 7 Parts: 500–599 ...... (869–064–00067–0) ...... 50.00 Apr. 1, 2008 1–26 ...... (869–064–00009–2) ...... 47.00 Jan. 1, 2008 600–799 ...... (869–064–00068–8) ...... 20.00 Apr. 1, 2008 27–52 ...... (869–064–00010–6) ...... 52.00 Jan. 1, 2008 800–1299 ...... (869–064–00069–6) ...... 63.00 Apr. 1, 2008 53–209 ...... (869–064–00011–4) ...... 40.00 Jan. 1, 2008 1300–End ...... (869–064–00070–0) ...... 28.00 Apr. 1, 2008 210–299 ...... (869–064–00012–2) ...... 65.00 Jan. 1, 2008 22 Parts: 300–399 ...... (869–064–00013–1) ...... 49.00 Jan. 1, 2008 1–299 ...... (869–064–00071–8) ...... 66.00 Apr. 1, 2008 400–699 ...... (869–064–00014–9) ...... 45.00 Jan. 1, 2008 300–End ...... (869–064–00072–6) ...... 48.00 Apr. 1, 2008 700–899 ...... (869–064–00015–7) ...... 46.00 Jan. 1, 2008 900–999 ...... (869–064–00016–5) ...... 63.00 Jan. 1, 2008 23 ...... (869–064–00073–4) ...... 48.00 Apr. 1, 2008 1000–1199 ...... (869–064–00017–3) ...... 22.00 Jan. 1, 2008 24 Parts: 1200–1599 ...... (869–064–00018–1) ...... 64.00 Jan. 1, 2008 0–199 ...... (869–064–00074–2) ...... 63.00 Apr. 1, 2008 1600–1899 ...... (869–064–00019–0) ...... 67.00 Jan. 1, 2008 200–499 ...... (869–064–00075–1) ...... 53.00 Apr. 1, 2008 1900–1939 ...... (869–064–00020–3) ...... 31.00 Jan. 1, 2008 500–699 ...... (869–064–00076–9) ...... 33.00 Apr. 1, 2008 1940–1949 ...... (869–064–00021–1) ...... 50.00 Jan. 1, 2008 700–1699 ...... (869–064–00077–7) ...... 64.00 Apr. 1, 2008 1950–1999 ...... (869–064–00022–0) ...... 49.00 Jan. 1, 2008 1700–End ...... (869–064–00078–5) ...... 33.00 Apr. 1, 2008 2000–End ...... (869–064–00023–8) ...... 53.00 Jan. 1, 2008 25 ...... (869–064–00079–3) ...... 67.00 Apr. 1, 2008 8 ...... (869–064–00024–6) ...... 66.00 Jan. 1, 2008 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–064–00080–7) ...... 52.00 Apr. 1, 2008 1–199 ...... (869–064–00025–4) ...... 64.00 Jan. 1, 2008 §§ 1.61–1.169 ...... (869–064–00081–5) ...... 66.00 Apr. 1, 2008 200–End ...... (869–064–00026–2) ...... 61.00 Jan. 1, 2008 §§ 1.170–1.300 ...... (869–064–00082–3) ...... 63.00 Apr. 1, 2008 10 Parts: §§ 1.301–1.400 ...... (869–064–00083–1) ...... 50.00 Apr. 1, 2008 1–50 ...... (869–064–00027–1) ...... 64.00 Jan. 1, 2008 §§ 1.401–1.440 ...... (869–064–00084–0) ...... 59.00 Apr. 1, 2008 51–199 ...... (869–064–00028–9) ...... 61.00 Jan. 1, 2008 §§ 1.441–1.500 ...... (869–064–00085–8) ...... 61.00 Apr. 1, 2008 200–499 ...... (869–064–00029–7) ...... 46.00 Jan. 1, 2008 §§ 1.501–1.640 ...... (869–064–00086–6) ...... 52.00 Apr. 1, 2008 500–End ...... (869–064–00030–1) ...... 65.00 Jan. 1, 2008 §§ 1.641–1.850 ...... (869–064–00087–4) ...... 64.00 Apr. 1, 2008 §§ 1.851–1.907 ...... (869–064–00088–2) ...... 64.00 Apr. 1, 2008 11 ...... (869–064–00031–9) 44.00 Jan. 1, 2008 §§ 1.908–1.1000 ...... (869–064–00089–1) ...... 63.00 Apr. 1, 2008 12 Parts: §§ 1.1001–1.1400 ...... (869–064–00090–4) ...... 64.00 Apr. 1, 2008 1–199 ...... (869–064–00032–7) ...... 37.00 Jan. 1, 2008 §§ 1.1401–1.1550 ...... (869–064–00091–2) ...... 61.00 Apr. 1, 2008 200–219 ...... (869–064–00033–5) ...... 40.00 Jan. 1, 2008 §§ 1.1551–End ...... (869–064–00092–1) ...... 53.00 Apr. 1, 2008 220–299 ...... (869–064–00034–3) ...... 64.00 Jan. 1, 2008 2–29 ...... (869–064–00093–9) ...... 63.00 Apr. 1, 2008 300–499 ...... (869–064–00035–1) ...... 47.00 Jan. 1, 2008 30–39 ...... (869–064–00094–7) ...... 44.00 Apr. 1, 2008 500–599 ...... (869–064–00036–0) ...... 42.00 Jan. 1, 2008 40–49 ...... (869–064–00095–5) ...... 31.00 6Apr. 1, 2008 600–899 ...... (869–064–00037–8) ...... 59.00 Jan. 1, 2008 50–299 ...... (869–064–00096–3) ...... 45.00 Apr. 1, 2008

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–064–00097–1) ...... 64.00 Apr. 1, 2008 63 (63.1440–63.6175) .... (869–064–00150–1) ...... 35.00 July 1, 2008 500–599 ...... (869–064–00098–0) ...... 12.00 5 Apr. 1, 2008 63 (63.6580–63.8830) .... (869–064–00151–0) ...... 35.00 July 1, 2008 600–End ...... (869–064–00099–8) ...... 20.00 Apr. 1, 2008 63 (63.8980–End) ...... (869–064–00152–8) ...... 38.00 July 1, 2008 27 Parts: 64–71 ...... (869–064–00153–6) ...... 32.00 July 1, 2008 1–39 ...... (869–064–00100–5) ...... 35.00 Apr. 1, 2008 72–80 ...... (869–064–00154–4) ...... 65.00 July 1, 2008 40–399 ...... (869–064–00101–3) ...... 67.00 Apr. 1, 2008 81–84 ...... (869–064–00155–2) ...... 53.00 July 1, 2008 400–End ...... (869–064–00102–1) ...... 21.00 Apr. 1, 2008 85–86 (85–86.599–99) .... (869–064–00156–1) ...... 64.00 July 1, 2008 86 (86.600–1–End) ...... (869–064–00157–9) ...... 53.00 July 1, 2008 28 Parts: ...... 87–99 ...... (869–064–00158–7) ...... 63.00 July 1, 2008 0–42 ...... (869–064–00103–0) ...... 64.00 July 1, 2008 100–135 ...... (869–064–00159–5) ...... 48.00 July 1, 2008 43–End ...... (869–064–00104–8) ...... 63.00 July 1, 2008 136–149 ...... (869–064–00160–9) ...... 64.00 July 1, 2008 29 Parts: 150–189 ...... (869–064–00161–7) ...... 53.00 July 1, 2008 0–99 ...... (869–064–00105–6) ...... 53.00 July 1, 2008 190–259 ...... (869–064–00162–5) ...... 42.00 July 1, 2008 100–499 ...... (869–064–00106–4) ...... 26.00 July 1, 2008 260–265 ...... (869–064–00163–3) ...... 53.00 July 1, 2008 500–899 ...... (869–064–00107–2) ...... 61.00 7July 1, 2008 266–299 ...... (869–064–00164–1) ...... 53.00 July 1, 2008 900–1899 ...... (869–064–00108–1) ...... 39.00 July 1, 2008 300–399 ...... (869–064–00165–0) ...... 45.00 July 1, 2008 1900–1910 (§§ 1900 to 400–424 ...... (869–064–00166–8) ...... 59.00 July 1, 2008 1910.999) ...... (869–064–00109–9) ...... 64.00 July 1, 2008 425–699 ...... (869–064–00167–6) ...... 61.00 8July 1, 2008 1910 (§§ 1910.1000 to 700–789 ...... (869–064–00168–4) ...... 64.00 July 1, 2008 end) ...... (869–064–00110–2) ...... 46.00 8July 1, 2008 790–End ...... (869–064–00169–2) ...... 64.00 July 1, 2008 1911–1925 ...... (869–064–00111–1) ...... 33.00 July 1, 2008 41 Chapters: 1926 ...... (869–064–00112–9) ...... 53.00 July 1, 2008 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1927–End ...... (869–064–00113–7) ...... 65.00 July 1, 2008 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 30 Parts: 3–6 ...... 14.00 3 July 1, 1984 1–199 ...... (869–064–00114–5) ...... 60.00 July 1, 2008 7 ...... 6.00 3 July 1, 1984 200–699 ...... (869–064–00115–3) ...... 53.00 July 1, 2008 8 ...... 4.50 3 July 1, 1984 700–End ...... (869–064–00116–1) ...... 61.00 July 1, 2008 9 ...... 13.00 3 July 1, 1984 10–17 ...... 9.50 3 July 1, 1984 31 Parts: 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 0–199 ...... (869–064–00117–0) ...... 44.00 July 1, 2008 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 200–499 ...... (869–064–00118–8) ...... 49.00 July 1, 2008 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 500–End ...... (869–064–00119–6) ...... 65.00 July 1, 2008 19–100 ...... 13.00 3 July 1, 1984 32 Parts: 1–100 ...... (869–064–00170–6) ...... 27.00 July 1, 2008 1–39, Vol. I ...... 15.00 2 July 1, 1984 101 ...... (869–064–00171–4) ...... 21.00 8July 1, 2008 1–39, Vol. II ...... 19.00 2 July 1, 1984 102–200 ...... (869–064–00172–2) ...... 56.00 July 1, 2008 1–39, Vol. III ...... 18.00 2 July 1, 1984 201–End ...... (869–064–00173–1) ...... 27.00 July 1, 2008 ...... 1–190 (869–064–00120–0) 64.00 July 1, 2008 42 Parts: 191–399 ...... (869–064–00121–8) ...... 66.00 July 1, 2008 1–399 ...... (869–062–00174–6) ...... 61.00 Oct. 1, 2007 400–629 ...... (869–064–00122–6) ...... 53.00 July 1, 2008 400–413 ...... (869–062–00175–4) ...... 32.00 Oct. 1, 2007 630–699 ...... (869–064–00123–4) ...... 40.00 July 1, 2008 414–429 ...... (869–062–00176–2) ...... 32.00 Oct. 1, 2007 700–799 ...... (869–064–00124–2) ...... 49.00 July 1, 2008 430–End ...... (869–062–00177–1) ...... 64.00 Oct. 1, 2007 800–End ...... (869–064–00125–1) ...... 50.00 July 1, 2008 43 Parts: 33 Parts: 1–999 ...... (869–062–00178–9) ...... 56.00 Oct. 1, 2007 1–124 ...... (869–064–00126–9) ...... 60.00 July 1, 2008 1000–end ...... (869–062–00179–7) ...... 62.00 Oct. 1, 2007 125–199 ...... (869–064–00127–7) ...... 61.00 July 1, 2008 200–End ...... (869–064–00128–5) ...... 60.00 July 1, 2008 44 ...... (869–062–00180–1) ...... 50.00 Oct. 1, 2007 34 Parts: 45 Parts: 1–299 ...... (869–064–00129–3) ...... 53.00 July 1, 2008 1–199 ...... (869–062–00181–9) ...... 60.00 Oct. 1, 2007 300–399 ...... (869–064–00130–7) ...... 43.00 July 1, 2008 200–499 ...... (869–060–00182–7) ...... 34.00 10Oct. 1, 2007 400–End & 35 ...... (869–064–00131–5) ...... 64.00 July 1, 2008 500–1199 ...... (869–062–00183–5) ...... 56.00 Oct. 1, 2007 1200–End ...... (869–062–00184–3) ...... 61.00 Oct. 1, 2007 36 Parts: 1–199 ...... (869–064–00132–3) ...... 40.00 July 1, 2008 46 Parts: 200–299 ...... (869–064–00133–1) ...... 37.00 July 1, 2008 1–40 ...... (869–062–00185–1) ...... 46.00 Oct. 1, 2007 300–End ...... (869–064–00134–0) ...... 64.00 July 1, 2008 41–69 ...... (869–062–00186–0) ...... 39.00 Oct. 1, 2007 70–89 ...... (869–062–00187–8) ...... 14.00 Oct. 1, 2007 37 ...... (869–064–00135–8) ...... 61.00 July 1, 2008 90–139 ...... (869–062–00188–6) ...... 44.00 Oct. 1, 2007 38 Parts: 140–155 ...... (869–062–00189–4) ...... 25.00 Oct. 1, 2007 0–17 ...... (869–064–00136–6) ...... 63.00 July 1, 2008 156–165 ...... (869–062–00190–8) ...... 34.00 Oct. 1, 2007 18–End ...... (869–064–00137–4) ...... 65.00 July 1, 2008 166–199 ...... (869–062–00191–6) ...... 46.00 Oct. 1, 2007 ...... 39 ...... (869–064–00138–2) ...... 45.00 July 1, 2008 200–499 (869–062–00192–4) 40.00 Oct. 1, 2007 500–End ...... (869–062–00193–2) ...... 25.00 Oct. 1, 2007 40 Parts: 47 Parts: 1–49 ...... (869–064–00139–1) ...... 63.00 July 1, 2008 ...... 50–51 ...... (869–064–00140–4) ...... 48.00 July 1, 2008 0–19 (869–062–00194–1) 61.00 Oct. 1, 2007 ...... 52 (52.01–52.1018) ...... (869–064–00141–2) ...... 61.00 July 1, 2008 20–39 (869–062–00195–9) 46.00 Oct. 1, 2007 ...... 52 (52.1019–End) ...... (869–064–00142–1) ...... 67.00 July 1, 2008 40–69 (869–062–00196–7) 40.00 Oct. 1, 2007 ...... 53–59 ...... (869–064–00143–9) ...... 34.00 July 1, 2008 70–79 (869–062–00197–5) 61.00 Oct. 1, 2007 ...... 60 (60.1–End) ...... (869–064–00144–7) ...... 61.00 July 1, 2008 80–End (869–062–00198–3) 61.00 Oct. 1, 2007 60 (Apps) ...... (869–064–00145–5) ...... 60.00 July 1, 2008 48 Chapters: 61–62 ...... (869–064–00146–3) ...... 48.00 July 1, 2008 1 (Parts 1–51) ...... (869–062–00199–1) ...... 63.00 Oct. 1, 2007 63 (63.1–63.599) ...... (869–064–00147–1) ...... 61.00 July 1, 2008 1 (Parts 52–99) ...... (869–062–00200–9) ...... 49.00 Oct. 1, 2007 63 (63.600–63.1199) ...... (869–064–00148–0) ...... 50.00 8July 1, 2008 2 (Parts 201–299) ...... (869–062–00201–7) ...... 50.00 Oct. 1, 2007 63 (63.1200–63.1439) .... (869–064–00149–8) ...... 53.00 July 1, 2008 3–6 ...... (869–062–00202–5) ...... 34.00 Oct. 1, 2007

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Title Stock Number Price Revision Date 7–14 ...... (869–062–00203–3) ...... 56.00 Oct. 1, 2007 15–28 ...... (869–064–00204–4) ...... 50.00 Oct. 1, 2008 29–End ...... (869–062–00205–0) ...... 47.00 Oct. 1, 2007 49 Parts: 1–99 ...... (869–062–00206–8) ...... 60.00 Oct. 1, 2007 100–185 ...... (869–062–00207–6) ...... 63.00 Oct. 1, 2007 186–199 ...... (869–062–00208–4) ...... 23.00 Oct. 1, 2007 200–299 ...... (869–062–00208–1) ...... 32.00 Oct. 1, 2007 300–399 ...... (869–062–00210–6) ...... 32.00 Oct. 1, 2007 400–599 ...... (869–062–00210–3) ...... 64.00 Oct. 1, 2007 600–999 ...... (869–062–00212–2) ...... 19.00 Oct. 1, 2007 1000–1199 ...... (869–062–00213–1) ...... 28.00 Oct. 1, 2007 1200–End ...... (869–062–00214–9) ...... 34.00 Oct. 1, 2007 50 Parts: 1–16 ...... (869–064–00215–0) ...... 14.00 Oct. 1, 2008 17.1–17.95(b) ...... (869–062–00216–5) ...... 32.00 Oct. 1, 2007 17.95(c)–end ...... (869–062–00217–3) ...... 32.00 Oct. 1, 2007 17.96–17.99(h) ...... (869–062–00218–1) ...... 61.00 Oct. 1, 2007 17.99(i)–end and 17.100–end ...... (869–062–00219–0) ...... 47.00 9 Oct. 1, 2007 18–199 ...... (869–062–00226–3) ...... 50.00 Oct. 1, 2007 200–599 ...... (869–062–00221–1) ...... 45.00 Oct. 1, 2007 600–659 ...... (869–062–00222–0) ...... 31.00 Oct. 1, 2007 660–End ...... (869–062–00223–8) ...... 31.00 Oct. 1, 2007 CFR Index and Findings Aids ...... (869–064–00050–5) ...... 65.00 Jan. 1, 2008 Complete 2008 CFR set ...... 1,499.00 2008 Microfiche CFR Edition: Subscription (mailed as issued) ...... 406.00 2008 Individual copies ...... 4.00 2008 Complete set (one-time mailing) ...... 332.00 2007 Complete set (one-time mailing) ...... 332.00 2006 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2005, through January 1, 2006. The CFR volume issued as of January 1, 2005 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2007. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 2006 through April 1, 2007. The CFR volume issued as of April 1, 2006 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2006, through July 1, 2007. The CFR volume issued as of July 1, 2006 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2007, through July 1, 2008. The CFR volume issued as of July 1, 2007 should be retained. 9 No amendments to this volume were promulgated during the period October 1, 2005, through October 1, 2007. The CFR volume issued as of October 1, 2005 should be retained. 10 No amendments to this volume were promulgated during the period October 1, 2006, through October 1, 2007. The CFR volume issued as of October 1, 2006 should be retained.

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