1–14–10 Thursday Vol. 75 No. 9 Jan. 14, 2010

Pages 2053–2432

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The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office of the Federal Register, National Archives and Records PUBLIC Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published by act of Congress, and other Federal agency documents of public Subscriptions: interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register, www.gpoaccess.gov/ nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. The Support Team is available between 7:00 a.m. and 9:00 p.m. Eastern Time, Monday–Friday, except official holidays. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 75 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

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Contents Federal Register Vol. 75, No. 9

Thursday, January 14, 2010

Agriculture Department Energy Department See Forest Service See Federal Energy Regulatory Commission See Western Area Power Administration Air Force Department NOTICES NOTICES Additional Guidance Regarding Application of Current Privacy Act; Systems of Records, 2117–2119 Procedures for Testing Energy Consumption: Refrigerator–Freezers with Automatic Ice Makers, 2122– Arts and Humanities, National Foundation 2124 See National Foundation on the Arts and the Humanities Environmental Protection Agency Centers for Medicare & Medicaid Services RULES See Inspector General Office, Health and Human Services Revisions to the California State Implementation Plan: Department San Joaquin Valley Air Pollution Control District, 2079– 2085 Coast Guard PROPOSED RULES RULES Approval and Promulgation of Air Quality Implementation Safety Zones: Plans: Todd Pacific Shipyards Vessel Launch, West Duwamish Indiana; Volatile Organic Compound Automobile Waterway, Seattle, WA, 2077–2079 Refinishing Rules for Indiana, 2090–2091 NOTICES Approval and Promulgation of Implementation Plans and Certificates of Alternative Compliance: Designation of Areas for Air Quality Planning Anchor Handling Tug Supply Vessel HOLIDAY, 2152– Purposes: 2153 Arkansas; Redesignation of the Crittenden County, Offshore Supply Vessel C–CHARIOT, 2153 Arkansas Portion of the Memphis, Tennessee– Tractor Tug FORTE, 2153 Arkansas 1997 8-Hour Ozone Nonattainment Area to Attainment, 2091–2102 Commerce Department NOTICES See International Trade Administration Clean Air Act Operating Permit Program: See National Oceanic and Atmospheric Administration Final Action; Petition for Objection to Federal Operating Permit for American Electric Power Service Corp., Defense Department etc., 2140–2141 See Air Force Department NOTICES Agency Information Collection Activities; Proposals, Executive Office of the President Submissions, and Approvals, 2113 See Presidential Documents Meetings: Military Leadership Diversity Commission (MLDC), 2114 Federal Aviation Administration Privacy Act; Systems of Records, 2114–2117 RULES Airworthiness Directives: Disability Employment Policy Office Airbus Model A340–200 and A340–300 Series Airplanes, NOTICES 2057–2060 Agency Information Collection Activities; Proposals, Boeing Company Model 737–600, –700, –700C, –800, Submissions, and Approvals, 2162–2163 –900, and –900ER Series Airplanes, 2062–2064 CFM International, S.A. CFM56–7B Series Turbofan Drug Enforcement Administration Engines, 2064–2067 NOTICES Empresa Brasileira de Aeronautica S.A. (EMBRAER) Controlled Substances Manufacturer; Registrations, 2160– Model ERJ 170 Airplanes, 2060–2062 2161 Fokker Services B.V. Model F.28 Mark 0070 and 0100 Airplanes, 2055–2057 Education Department Turbomeca S.A. Model Arriel 1B, 1D, and 1D1 NOTICES Turboshaft Engines, 2067–2068 Proposed Funding Priority: Disability and Rehabilitation Research Projects and Federal Communications Commission Centers Program, etc., 2119–2122 NOTICES Employee Benefits Security Administration Meetings: RULES Advisory Committee for the 2012 World Definition of ‘‘Plan Assets’’ – Participant Contributions, Radiocommunication Conference, 2141 2068–2077 NOTICES Federal Deposit Insurance Corporation Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 2161–2162 Meetings; Sunshine Act, 2141

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Federal Emergency Management Agency NOTICES NOTICES Endangered and Threatened Wildlife and Plants: Agency Information Collection Activities; Proposals, Permits; Timber Harvest in Williamsburg County, SC, Submissions, and Approvals, 2151–2152 2157–2158 Meetings: Environmental Impact Statements; Availability, etc.: National Fire Academy Board of Visitors; Teleconference, Palmyra Atoll National Wildlife Refuge, U.S. Pacific 2153–2154 Island Territory, 2158–2159 Food and Drug Administration Federal Energy Regulatory Commission NOTICES NOTICES Draft Guidance for Industry: Agency Information Collection Activities; Proposals, Tobacco Health Document Submission; Availability; Submissions, and Approvals, 2124–2125 Correction, 2145–2146 Alaska Natural Gas Transportation Projects Open Season Pre-Filing Workshop: Forest Service Regulations Governing the Conduct of Open Seasons for NOTICES Alaska Natural Gas Transportation Projects, 2126 Call for Nominations: Applications: Appointment of Primary and Alternate Representatives Basin Farm Renewable, LLC, 2127–2128 for City of Palm Desert to Santa Rosa and San Jacinto Calais Pipeline Company, LLC, et al., 2126–2127 Mountains National Monument Advisory Committee, CenterPoint Energy Gas Transmission Co., 2131–2132 2156–2157 Clifton Power Corp. et al., 2126 East Cheyenne Gas Storage, LLC, 2130–2131 General Services Administration Lock+TM Hydro Friends Fund XXX, LLC, 2129 NOTICES Moriah Hydro Corp., 2129–2130 Agency Information Collection Activities; Proposals, North Unit Irrigation District, 2128–2129 Submissions, and Approvals, 2144–2145 Southern Natural Gas Co., 2130 Environmental Impact Statements; Availability, etc.: Declaration of Intention and Petition for Relief Filing: Construction of a New Land Port of Entry in International Maine Maritime Academy, 2132–2133 Falls, Koochiching County, MN, 2145 Environmental Impact Statements; Availability, etc.: Geological Survey Northern Border Pipeline Co., 2134–2136 NOTICES Filings: Meetings: Anaheim, CA, 2137 Advisory Committee on Water Information, 2159 Azusa, CA, 2137 Scientific Earthquake Studies Advisory Committee, 2159 New York Independent System Operator, Inc., 2137 Pasadena, CA, 2136 Health and Human Services Department Initial Market-Based Rate Filing: See Food and Drug Administration ERA MA, LLC, 2138 See National Institutes of Health Staff Protests to Blanket Certificate Activity: Florida Gas Transmission Co., LLC, 2140 Homeland Security Department Technical Conferences: See Coast Guard Columbia Gulf Transmission Co., 2140 See Federal Emergency Management Agency

Federal Highway Administration Inspector General Office, Health and Human Services NOTICES Department Limitation on Claims for Judicial Review of Actions by NOTICES California Department of Transportation (Caltrans): Updated Special Fraud Alert on Telemarketing by Durable Final Federal Agency Actions on Proposed Highway in Medical Equipment Suppliers, 2105–2106 California, 2187 Interior Department Federal Maritime Commission See Fish and Wildlife Service NOTICES See Geological Survey Agreements Filed under the Shipping Act (of 1984), 2141– See Land Management Bureau 2142 NOTICES Environmental Impact Statements; Availability, etc.: Federal Trade Commission Wasatch County Water Efficiency Project Recycled Water Project; Central Utah Project Completion Act, 2154 NOTICES Agency Information Collection Activities; Proposals, International Trade Administration Submissions, and Approvals, 2142–2144 NOTICES Extension of the Final Results of Antidumping Duty Fish and Wildlife Service Administrative Review: PROPOSED RULES Certain Cut-to-Length Carbon-Quality Steel Plate from the Endangered and Threatened Wildlife and Plants: Republic of Korea, 2107–2108 Listing the Shovelnose Sturgeon as Threatened Due to Extension of Time for the Preliminary Results of the Similarity of Appearance, 2102–2104 Antidumping Duty Administrative Review: Revised Designation of Critical Habitat for Bull Trout in Pure Magnesium from the People’s Republic of China, the Coterminous United States, 2270–2431 2108

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Extension of Time Limit for Preliminary Results of Nuclear Regulatory Commission Antidumping Duty Administrative Reviews: NOTICES Ball Bearings and Parts Thereof from France, Germany, Docketing of Special Nuclear Material License Amendment Italy, Japan, and the United Kingdom, 2108–2109 Application: Rescission of the 2008–2009 Administrative Review of the Constellation Energy; Calvert Cliffs Independent Spent Antidumping Duty Order: Fuel Storage Installation, 2163–2164 Persulfates from the People’s Republic of China, 2112– Environmental Impact Statements; Availability, etc.: 2113 Entergy Nuclear Operations, Inc.; Pilgrim Nuclear Power Station, 2164–2165 International Trade Commission NOTICES Postal Service Investigations: NOTICES Certain Variable Speed Wind Turbines and Components, Meetings; Sunshine Act, 2165 2159–2160

Justice Department Presidential Documents See Drug Enforcement Administration EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: Labor Department Council of Governors; Establishment (EO 13528), 2053– See Disability Employment Policy Office 2054 See Employee Benefits Security Administration Securities and Exchange Commission Land Management Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Alaska Native Claims Selection, 2154–2156 Submissions, and Approvals, 2166 Call for Nominations: Meetings; Sunshine Act, 2166 Appointment of Primary and Alternate Representatives Self-Regulatory Organizations; Proposed Rule Changes: for City of Palm Desert to Santa Rosa and San Jacinto Chicago Board Options Exchange, Inc., 2166–2170, 2172– Mountains National Monument Advisory Committee, 2173 2156–2157 Chicago Stock Exchange, Inc., 2175–2176 Financial Industry Regulatory Authority, Inc., 2173–2175, National Foundation on the Arts and the Humanities 2179–2180 NOTICES NASDAQ OMX BX, Inc., 2170–2171 Meetings: New York Stock Exchange LLC, 2176–2177 Arts Advisory Panel, 2163 NYSE Amex LLC, 2180–2181 NYSE Arca, Inc., 2178–2179 National Institutes of Health NOTICES Meetings: Small Business Administration Center For Scientific Review, 2146 NOTICES Eunice Kennedy Shriver National Institute of Child Disaster Declarations: Health and Human Development, 2149–2150 Pennsylvania, 2165 National Cancer Institute, 2150 Puerto Rico, 2165–2166 National Diabetes and Digestive and Kidney Diseases, 2147 State Department National Human Genome Research Institute, 2147–2148 NOTICES National Institute of Dental and Craniofacial Research, Agency Information Collection Activities; Proposals, 2146, 2150–2151 Submissions, and Approvals, 2181 National Institute of General Medical Sciences, 2149 Bureau of Educational and Cultural Affairs (ECA) Request National Institute of Neurological Disorders and Stroke, for Grant Proposals: 2146–2147, 2149–2150 Global Undergraduate Exchange Program for Pakistan, National Institute on Aging, 2148 2181–2186

National Oceanic and Atmospheric Administration Transportation Department RULES See Federal Aviation Administration Western Pacific Fisheries; Regulatory Restructuring, 2198– See Federal Highway Administration 2268 NOTICES Endangered and Threatened Species: Treasury Department Take of Anadromous Fish, 2106 PROPOSED RULES Environmental Impact Statements; Availability, etc.: Privacy Act of 1974; Proposed Implementation: Urban Stream Research Center, Warrenville, IL, 2107 Office of the Special Inspector General for the Troubled Final Ocean and Coastal Mapping Contracting Policy, Asset Relief Program, 2086–2090 2109–2111 NOTICES Meetings: Agency Information Collection Activities; Proposals, New England Fishery Management Council, 2111–2112 Submissions, and Approvals, 2187–2188 North Pacific Fishery Management Council, 2111 Privacy Act; Systems of Records, 2188–2195

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Western Area Power Administration Part III NOTICES Interior Department, Fish and Wildlife Service, 2270–2431 Environmental Impact Statements; Availability, etc.: Construction and Operation of Quartzsite Solar Energy Project, La Paz County, AZ (DOE/EIS–0440), 2133– 2134 Reader Aids Interconnection of the Proposed Hermosa West Wind Farm Consult the Reader Aids section at the end of this page for Project: phone numbers, online resources, finding aids, reminders, Wyoming (DOE/EIS–0438), 2138–2140 and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents Separate Parts In This Issue LISTSERV electronic mailing list, go to http:// Part II listserv.access.gpo.gov and select Online mailing list Commerce Department, National Oceanic and Atmospheric archives, FEDREGTOC-L, Join or leave the list (or change Administration, 2198–2268 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Executive Orders: 13528...... 2053 14 CFR 39 (6 documents) ...2055, 2057, 2060, 2062, 2064, 2067 15 CFR 902...... 2198 29 CFR 2510...... 2068 31 CFR Proposed Rules: 1...... 2086 33 CFR 165...... 2077 40 CFR 52...... 2079 Proposed Rules: 52 (2 documents) ....2090, 2091 81...... 2091 50 CFR 223...... 2198 605...... 2198 Proposed Rules: 17 (2 documents) ....2102, 2270

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Federal Register Presidential Documents Vol. 75, No. 9

Thursday, January 14, 2010

Title 3— Executive Order 13528 of January 11, 2010

The President Establishment of the Council of Governors

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1822 of the National Defense Authorization Act of 2008 (Public Law 110–181), and in order to strengthen further the partnership between the Federal Government and State governments to protect our Nation and its people and property, it is hereby ordered as follows: Section 1. Council of Governors. (a) There is established a Council of Governors (Council). The Council shall consist of 10 State Governors appointed by the President (Members), of whom no more than five shall be of the same political party. The term of service for each Member appointed to serve on the Council shall be 2 years, but a Member may be reappointed for additional terms. (b) The President shall designate two Members, who shall not be members of the same political party, to serve as Co-Chairs of the Council. Sec. 2. Functions. The Council shall meet at the call of the Secretary of Defense or the Co-Chairs of the Council to exchange views, information, or advice with the Secretary of Defense; the Secretary of Homeland Security; the Assistant to the President for Homeland Security and Counterterrorism; the Assistant to the President for Intergovernmental Affairs and Public En- gagement; the Assistant Secretary of Defense for Homeland Defense and Americas’ Security Affairs; the Commander, United States Northern Com- mand; the Chief, National Guard Bureau; the Commandant of the Coast Guard; and other appropriate officials of the Department of Homeland Secu- rity and the Department of Defense, and appropriate officials of other execu- tive departments or agencies as may be designated by the Secretary of Defense or the Secretary of Homeland Security. Such views, information, or advice shall concern: (a) matters involving the National Guard of the various States; (b) homeland defense; (c) civil support; (d) synchronization and integration of State and Federal military activities in the United States; and (e) other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities. Sec. 3. Administration. (a) The Secretary of Defense shall designate an Executive Director to coordinate the work of the Council. (b) Members shall serve without compensation for their work on the Council. However, Members shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law. (c) Upon the joint request of the Co-Chairs of the Council, the Secretary of Defense shall, to the extent permitted by law and subject to the availability of appropriations, provide the Council with administrative support, assign- ment or detail of personnel, and information as may be necessary for the performance of the Council’s functions. (d) The Council may establish subcommittees of the Council. These sub- committees shall consist exclusively of Members of the Council and any

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designated employees of a Member with authority to act on the Member’s behalf, as appropriate to aid the Council in carrying out its functions under this order. (e) The Council may establish a charter that is consistent with the terms of this order to refine further its purpose, scope, and objectives and to allocate duties, as appropriate, among members. Sec. 4. Definitions. As used in this order: (a) the term ‘‘State’’ has the meaning provided in paragraph (15) of section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101(15)); and (b) the term ‘‘Governor’’ has the meaning provided in paragraph (5) of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(5)). Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (1) the authority granted by law to a department, agency, or the head thereof; or (2) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, January 11, 2010.

[FR Doc. 2010–705 Filed 1–13–10; 8:45 am] Billing code 3195–W0–P

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Rules and Regulations Federal Register Vol. 75, No. 9

Thursday, January 14, 2010

This section of the FEDERAL REGISTER actions to correct the unsafe condition BCU that could be affected by corrosion, and contains regulatory documents having general on these products. allows modification of the BCU in applicability and legal effect, most of which DATES: This AD becomes effective accordance with Fokker Service Bulletin are keyed to and codified in the Code of February 18, 2010. SBF100–27–061 (application of Goodrich Federal Regulations, which is published under CSB 23400–27–15) as (optional) terminating 50 titles pursuant to 44 U.S.C. 1510. The Director of the Federal Register approved the incorporation by reference action for these inspections. The Code of Federal Regulations is sold by of certain publications listed in this AD * * * In addition, this AD requires the the Superintendent of Documents. Prices of as of February 18, 2010. eventual replacement of all affected elevator BCU with modified units. new books are listed in the first FEDERAL ADDRESSES: You may examine the AD REGISTER issue of each week. This new AD does not cancel the repetitive docket on the Internet at http:// inspection requirements of CAA–NL AD www.regulations.gov or in person at the (BLA) 93–051/3 for BCU P/N 23400–3 and U.S. Department of Transportation, DEPARTMENT OF TRANSPORTATION P/N 23400–5 as long as these remain Docket Operations, M–30, West installed on any in-service aircraft. Federal Aviation Administration Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., The unsafe condition is wear and tear, 14 CFR Part 39 Washington, DC. and corrosion of the backlash remover FOR FURTHER INFORMATION CONTACT: Tom mechanism, which can cause a (partly) [Docket No. FAA–2009–0763; Directorate Rodriguez, Aerospace Engineer, blocked operation of the elevator system Identifier 2007–NM–301–AD; Amendment International Branch, ANM–116, in the normal (hydraulic) mode and 39–16170; AD 2010–01–11] Transport Airplane Directorate, FAA, deteriorated elevator control when the 1601 Lind Avenue, SW., Renton, BCU is in MANUAL mode, which could RIN 2120–AA64 Washington 98057–3356; telephone result in loss of control of the airplane. (425) 227–1137; fax (425) 227–1149. Airworthiness Directives; Fokker The required actions include inspecting Services B.V. Model F.28 Mark 0070 SUPPLEMENTARY INFORMATION: the backlash remover of the elevator and 0100 Airplanes booster control unit to determine the Discussion displacement of the pivot bolt; and if AGENCY: Federal Aviation We issued a notice of proposed necessary, replacing the elevator booster Administration (FAA), Department of rulemaking (NPRM) to amend 14 CFR control unit. Depending on the Transportation (DOT). part 39 to include an AD that would measurement of the displacement, the ACTION: Final rule. apply to the specified products. That compliance time for replacement ranges NPRM was published in the Federal from before further flight to 3,000 flight SUMMARY: We are adopting a new Register on September 1, 2009 (74 FR cycles. airworthiness directive (AD) for the 45139). That NPRM proposed to correct You may obtain further information products listed above. This AD results an unsafe condition for the specified by examining the MCAI in the AD from mandatory continuing products. The MCAI states: docket. airworthiness information (MCAI) Excessive wear and tear of the backlash originated by an aviation authority of remover mechanism has been found several Comments another country to identify and correct times on Goodrich Part Number (P/N) 23400– an unsafe condition on an aviation 3B and P/N 23400–7 elevator booster control We gave the public the opportunity to product. The MCAI describes the unsafe units (BCU), while corrosion has been found participate in developing this AD. We condition as: on some components in other BCU. The wear received no comments on the NPRM or and tear may result in a (partly) blocked on the determination of the cost to the Excessive wear and tear of the backlash operation of the elevator system in the public. remover mechanism has been found several normal (hydraulic) mode, while any times on Goodrich Part Number (P/N) 23400– corrosion may result in deteriorated elevator Explanation of Changes Made to This 3B and P/N 23400–7 elevator booster control control when the BCU is in MANUAL mode. AD units (BCU), while corrosion has been found Fokker Services and Goodrich determined on some components in other BCU. The wear that modification of the affected elevator We have revised this AD to identify and tear may result in a (partly) blocked BCU in accordance with Goodrich the legal name of the manufacturer as operation of the elevator system in the Component Service Bulletin (CSB) 23400– published in the most recent type normal (hydraulic) mode, while any 27–27 would correct this situation. * * * corrosion may result in deteriorated elevator certificate data sheet for the affected [I]t has been decided to require the airplane models. control when the BCU is in MANUAL mode. inspection of aircraft fitted with BCU P/N * * * * * 23400–3 and P/N 23400–5 (serial numbers Conclusion The unsafe condition is wear and tear, MC–001 through MC–288) and the and corrosion of the backlash remover modification of these units in accordance We reviewed the available data, and mechanism, which can cause a (partly) with Goodrich CSB 23400–27–15 (P/N determined that air safety and the blocked operation of the elevator system change from 23400–3 to 23400–3B, or from public interest require adopting the AD 23400–5 to 23400–7, as applicable). with the changes described previously. in the normal (hydraulic) mode and Previously, CAA–Netherlands AD (BLA) deteriorated elevator control when the 93–051/3 dated 29 April 1994 [which We determined that these changes will BCU is in MANUAL mode, which could corresponds to FAA AD 97–03–09] was not increase the economic burden on result in loss of control of the airplane. issued, which requires a periodic inspection any operator or increase the scope of the We are issuing this AD to require of P/N 23400–3 and P/N 23400–5 elevator AD.

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Differences Between This AD and the the States, on the relationship between Applicability MCAI or Service Information the national government and the States, (c) This AD applies to Fokker Services B.V. We have reviewed the MCAI and or on the distribution of power and Model F.28 Mark 0070 and Mark 0100 related service information and, in responsibilities among the various airplanes, all serial numbers, certificated in any category. general, agree with their substance. But levels of government. we might have found it necessary to use For the reasons discussed above, I Subject different words from those in the MCAI certify this AD: (d) Air Transport Association (ATA) of to ensure the AD is clear for U.S. 1. Is not a ‘‘significant regulatory America Code 27: Flight Controls. operators and is enforceable. In making action’’ under Executive Order 12866; Reason these changes, we do not intend to differ 2. Is not a ‘‘significant rule’’ under the substantively from the information (e) The mandatory continuing DOT Regulatory Policies and Procedures airworthiness information (MCAI) states: provided in the MCAI and related (44 FR 11034, February 26, 1979); and Excessive wear and tear of the backlash service information. 3. Will not have a significant We might also have required different remover mechanism has been found several economic impact, positive or negative, times on Goodrich Part Number (P/N) 23400– actions in this AD from those in the on a substantial number of small entities 3B and P/N 23400–7 elevator booster control MCAI in order to follow our FAA under the criteria of the Regulatory units (BCU), while corrosion has been found policies. Any such differences are Flexibility Act. on some components in other BCU. The wear highlighted in a Note within the AD. and tear may result in a (partly) blocked We prepared a regulatory evaluation operation of the elevator system in the Costs of Compliance of the estimated costs to comply with normal (hydraulic) mode, while any We estimate that this AD will affect 2 this AD and placed it in the AD docket. corrosion may result in deteriorated elevator control when the BCU is in MANUAL mode. products of U.S. registry. We also Examining the AD Docket estimate that it will take about 13 work- Fokker Services and Goodrich determined hours per product to comply with the You may examine the AD docket on that modification of the affected elevator the Internet at http:// BCU in accordance with Goodrich basic requirements of this AD. The Component Service Bulletin (CSB) 23400– average labor rate is $80 per work-hour. www.regulations.gov; or in person at the 27–27 would correct this situation. * * * Required parts will cost about $189 per Docket Operations office between 9 a.m. [I]t has been decided to require the product. Where the service information and 5 p.m., Monday through Friday, inspection of aircraft fitted with BCU P/N lists required parts costs that are except Federal holidays. The AD docket 23400–3 and P/N 23400–5 (serial numbers covered under warranty, we have contains the NPRM, the regulatory MC–001 through MC–288) and the assumed that there will be no charge for evaluation, any comments received, and modification of these units in accordance these parts. As we do not control other information. The street address for with Goodrich CSB 23400–27–15 (P/N warranty coverage for affected parties, the Docket Operations office (telephone change from 23400–3 to 23400–3B, or from 23400–5 to 23400–7, as applicable). some parties may incur costs higher (800) 647–5527) is in the ADDRESSES Previously, CAA–Netherlands AD (BLA) than estimated here. Based on these section. Comments will be available in 93–051/3 dated 29 April 1994 [which figures, we estimate the cost of this AD the AD docket shortly after receipt. corresponds to FAA AD 97–03–09] was to the U.S. operators to be $2,458, or issued, which requires a periodic inspection List of Subjects in 14 CFR Part 39 $1,229 per product. of P/N 23400–3 and P/N 23400–5 elevator BCU that could be affected by corrosion, and Authority for This Rulemaking Air transportation, Aircraft, Aviation safety, Incorporation by reference, allows modification of the BCU in Title 49 of the United States Code Safety. accordance with Fokker Service Bulletin specifies the FAA’s authority to issue SBF100–27–061 (application of Goodrich rules on aviation safety. Subtitle I, Adoption of the Amendment CSB 23400–27–15) as (optional) terminating section 106, describes the authority of action for these inspections. ■ Accordingly, under the authority * * * In addition, this AD requires the the FAA Administrator. ‘‘Subtitle VII: eventual replacement of all affected elevator Aviation Programs,’’ describes in more delegated to me by the Administrator, the FAA amends 14 CFR part 39 as BCU with modified units. detail the scope of the Agency’s This new AD does not cancel the repetitive authority. follows: inspection requirements of CAA–NL AD We are issuing this rulemaking under (BLA) 93–051/3 for BCU P/N 23400–3 and PART 39—AIRWORTHINESS the authority described in ‘‘Subtitle VII, P/N 23400–5 as long as these remain DIRECTIVES Part A, Subpart III, Section 44701: installed on any in-service aircraft. General requirements.’’ Under that ■ 1. The authority citation for part 39 The unsafe condition is wear and tear, and corrosion of the backlash remover section, Congress charges the FAA with continues to read as follows: promoting safe flight of civil aircraft in mechanism, which can cause a (partly) Authority: 49 U.S.C. 106(g), 40113, 44701. blocked operation of the elevator system in air commerce by prescribing regulations the normal (hydraulic) mode and for practices, methods, and procedures § 39.13 [Amended] deteriorated elevator control when the BCU the Administrator finds necessary for ■ is in MANUAL mode, which could result in safety in air commerce. This regulation 2. The FAA amends § 39.13 by adding loss of control of the airplane. The required is within the scope of that authority the following new AD: actions include inspecting the backlash because it addresses an unsafe condition 2010–01–11 Fokker Services B.V.: remover of the elevator booster control unit that is likely to exist or develop on Amendment 39–16170. Docket No. to determine the displacement of the pivot products identified in this rulemaking FAA–2009–0763; Directorate Identifier bolt; and if necessary, replacing the elevator action. 2007–NM–301–AD. booster control unit. Depending on the measurement of the displacement, the Regulatory Findings Effective Date compliance time for replacement ranges from (a) This airworthiness directive (AD) before further flight to 3,000 flight cycles. We determined that this AD will not becomes effective February 18, 2010. have federalism implications under Actions and Compliance Executive Order 13132. This AD will Affected ADs (f) Unless already done, do the following not have a substantial direct effect on (b) None. actions.

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(1) For airplanes equipped with booster (6) As of 60 months after the effective date (0)252 627 211; e-mail control unit P/N 23400–3B, 23400–7, 23400– of this AD, no person may install a Goodrich [email protected]; 3, or 23400–5, within 12 months after the P/N 23400–3 or P/N 23400–5 elevator booster Internet http://www.myfokkerfleet.com. effective date of this AD, perform a one-time control unit on any airplane. (3) For Goodrich service information inspection of the elevator booster control unit identified in this AD, contact Goodrich in accordance with Part 1 of the FAA AD Differences Corporation, Landing Gear, 1400 South Accomplishment Instructions of Fokker Note 1: This AD differs from the MCAI Service Road, West Oakville L6L 5Y7, Service Bulletin SBF100–27–088, dated June and/or service information as follows: No Ontario, Canada; telephone 905–825–1568; 4, 2007. differences. e-mail [email protected]; Internet (2) At the time specified in Table 1 of this http://www.goodrich.com/TechPubs. AD, and depending on the result of the Other FAA AD Provisions (4) You may review copies of the service inspection required by paragraph (f)(1) of this (g) The following provisions also apply to information at the FAA, Transport Airplane AD, replace the elevator booster control unit this AD: Directorate, 1601 Lind Avenue, SW., Renton, with a modified unit having P/N 23400–3B (1) Alternative Methods of Compliance Washington. For information on the or P/N 23400–7, in accordance with Part 2 of (AMOCs): The Manager, International availability of this material at the FAA, call the Accomplishment Instructions of Fokker Branch, ANM–116, Transport Airplane 425–227–1221 or 425–227–1152. Service Bulletin SBF100–27–088, dated June Directorate, FAA, has the authority to (5) You may also review copies of the 4, 2007. The replacement part must be approve AMOCs for this AD, if requested service information that is incorporated by modified in accordance with Goodrich using the procedures found in 14 CFR 39.19. reference at the National Archives and Records Administration (NARA). For Service Bulletin 23400–27–27, Revision 1, Send information to ATTN: Tom Rodriguez, information on the availability of this dated September 14, 2007. Aerospace Engineer, International Branch, material at NARA, call 202–741–6030, or go ANM–116, Transport Airplane Directorate, to: http://www.archives.gov/federal_register/ TABLE 1—REPLACEMENT PARAMETERS FAA, 1601 Lind Avenue, SW., Renton, code_of_federal_regulations/ Washington 98057–3356; telephone (425) ibr_locations.html. Dimension A Replace within 227–1137; fax (425) 227–1149. Before using any approved AMOC on any airplane to Issued in Renton, Washington, on A < 0.12 millimeters Not applicable. which the AMOC applies, notify your December 28, 2009. (mm). principal maintenance inspector (PMI) or Ali Bahrami, ≤ 0.12 mm A < 0.5 3,000 flight cycles. principal avionics inspector (PAI), as Manager, Transport Airplane Directorate, mm. appropriate, or lacking a principal inspector, Aircraft Certification Service. 0.5 mm ≤ A < 1.0 mm 2,000 flight cycles. your local Flight Standards District Office. [FR Doc. 2010–102 Filed 1–13–10; 8:45 am] 1.0 mm ≤ A < 1.5 mm 1,000 flight cycles. The AMOC approval letter must specifically 1.5 mm ≤ A < 2.0 mm 500 flight cycles. reference this AD. BILLING CODE 4910–13–P 2.0 mm ≤ A < 2.5 mm 125 flight cycles. (2) Airworthy Product: For any requirement A ≥ 2.5 mm ...... Before further flight. in this AD to obtain corrective actions from a manufacturer or other source, use these DEPARTMENT OF TRANSPORTATION (3) Within 60 months after the effective actions if they are FAA-approved. Corrective date of this AD, replace all remaining actions are considered FAA-approved if they Federal Aviation Administration unmodified elevator booster control units are approved by the State of Design Authority having P/N 23400–3B or (or their delegated agent). You are required 14 CFR Part 39 P/N 23400–7 with modified units, in to assure the product is airworthy before it [Docket No. FAA–2009–1251; Directorate accordance with Part 2 of the is returned to service. Identifier 2009–NM–133–AD; Amendment Accomplishment Instructions of Fokker (3) Reporting Requirements: For any 39–16174; AD 2010–02–03] Service Bulletin SBF100–27–088, dated June reporting requirement in this AD, under the 4, 2007. The replacement part must be provisions of the Paperwork Reduction Act RIN 2120–AA64 modified in accordance with Goodrich (44 U.S.C. 3501 et seq.), the Office of Service Bulletin 23400–27–27, Revision 1, Management and Budget (OMB) has Airworthiness Directives; Airbus Model dated September 14, 2007. approved the information collection A340–200 and A340–300 Series (4) Within 60 months after the effective requirements and has assigned OMB Control Airplanes date of this AD, replace all remaining Number 2120–0056. elevator booster control units having P/N AGENCY: Federal Aviation Related Information 23400–3 or P/N 23400–5 with modified units Administration (FAA), Department of having P/N 23400–3B or P/N 23400–7, in (h) Refer to MCAI European Aviation Transportation (DOT). accordance with Part 2 of the Safety Agency Airworthiness Directive 2009– ACTION: Accomplishment Instructions of Fokker 0032, dated February 17, 2009; Fokker Final rule; request for Service Bulletin SBF100–27–088, dated June Service Bulletin SBF100–27–088, dated June comments. 4, 2007. The replacement part must be 4, 2007; and Goodrich Service Bulletin SUMMARY: We are adopting a new modified in accordance with Goodrich 23400–27–27, Revision 1, dated September Service Bulletin 23400–27–27, Revision 1, 14, 2007; for related information. airworthiness directive (AD) for the dated September 14, 2007. products listed above. This AD results (5) As of 12 months after the effective date Material Incorporated by Reference from mandatory continuing of this AD, no person may install a Goodrich (i) You must use Fokker Service Bulletin airworthiness information (MCAI) P/N 23400–3B, P/N 23400–7, P/N 23400–3 or SBF100–27–088, dated June 4, 2007; and originated by an aviation authority of P/N 23400–5 elevator booster control unit on Goodrich Service Bulletin 23400–27–27, another country to identify and correct any airplane, unless the conditions of Revision 1, dated September 14, 2007; as an unsafe condition on an aviation paragraph (f)(5)(i) or (f)(5)(ii), as applicable, applicable; to do the actions required by this product. The MCAI describes the unsafe are met. AD, unless the AD specifies otherwise. condition as: (i) The unit has been inspected in (1) The Director of the Federal Register accordance with paragraph (f)(1) of this AD, approved the incorporation by reference of * * * * * and the applicable action(s) required by this service information under 5 U.S.C. Engineering analysis using the new paragraph (f)(2) is accomplished at the time 552(a) and 1 CFR part 51. calculated loads has shown that the specified in that paragraph. (2) For Fokker service information structural integrity of the forward engine (ii) The unit having P/N 23400–3B or P/N identified in this AD, contact Fokker Services mount cannot be guaranteed after either 23400–7 has been modified in accordance B.V., Technical Services Dept., P.O. Box 231, thrust link has accumulated 15500 Flight with Goodrich Service Bulletin 23400–27–27, 2150 AE Nieuw-Vennep, the Netherlands; Cycles (FC). Revision 1, dated September 14, 2007. telephone +31 (0)252–627–350; fax +31 * * * * *

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A loss of structural integrity of the dated May 29, 2009 (referred to after Differences Between the AD and the forward engine mounts could lead to the this as ‘‘the MCAI’’), to correct an unsafe MCAI or Service Information loss of the load path for the forward condition for the specified products. We have reviewed the MCAI and engine mount and damage to other The MCAI states: related service information and, in engine mount structures, which could A recent review of the A340–200/300 fleet general, agree with their substance. But result in failure of the forward engine has shown that the current utilization rate of we might have found it necessary to use mount, possible separation of the engine the aeroplanes is different from the different words from those in the MCAI from the airplane, damage to the wing, assumptions used at the time of A340 initial to ensure the AD is clear for U.S. certification. New calculations have been or loss of control of the airplane. This operators and is enforceable. In making AD requires actions that are intended to performed taking into account an updated mission profile to determine the impact to these changes, we do not intend to differ address the unsafe condition described the loads on the forward engine mount. substantively from the information in the MCAI. Engineering analysis using the new provided in the MCAI and related DATES: This AD becomes effective calculated loads has shown that the service information. January 29, 2010. structural integrity of the forward engine We might also have required different The Director of the Federal Register mount cannot be guaranteed after either actions in this AD from those in the approved the incorporation by reference thrust link has accumulated 15500 Flight MCAI in order to follow FAA policies. of a certain publication listed in the AD Cycles (FC). Any such differences are highlighted in Consequently, this AD introduces a Limit as of January 29, 2010. Of Validity (LOV) of 15500 FC for CFM 56– a NOTE within the AD. We must receive comments on this 5C forward engine mount thrust links Part FAA’s Determination of the Effective AD by March 1, 2010. Number (P/N) 340–7005–3 and P/N 340– Date ADDRESSES: You may send comments by 7005–4. any of the following methods: In addition, this AD requires establishing Since there are currently no domestic • Federal eRulemaking Portal: Go to the deadline for replacement of forward operators of this product, notice and engine mount thrust link assemblies, to trace http://www.regulations.gov. Follow the opportunity for public comment before the life of these assemblies and to replace issuing this AD are unnecessary. instructions for submitting comments. them no later than the calculated deadline. • Fax: (202) 493–2251. Comments Invited • Mail: U.S. Department of A loss of structural integrity of the This AD is a final rule that involves Transportation, Docket Operations, M– forward engine mounts could lead to the requirements affecting flight safety, and 30, West Building Ground Floor, Room loss of the load path for the forward we did not precede it by notice and W12–140, 1200 New Jersey Avenue, SE., engine mount and damage to other opportunity for public comment. We Washington, DC 20590. engine mount structures, which could invite you to send any written relevant • Hand Delivery: U.S. Department of result in failure of the forward engine data, views, or arguments about this AD. Transportation, Docket Operations, M– mount, possible separation of the engine Send your comments to an address 30, West Building Ground Floor, Room from the airplane, damage to the wing, listed under the ADDRESSES section. W12–140, 1200 New Jersey Avenue, SE., or loss of control of the airplane. You Include ‘‘Docket No. FAA–2009–1251; Washington, DC, between 9 a.m. and 5 may obtain further information by examining the MCAI in the AD docket. Directorate Identifier 2009–NM–133– p.m., Monday through Friday, except AD’’ at the beginning of your comments. Federal holidays. Relevant Service Information We specifically invite comments on the Examining the AD Docket Airbus has issued Mandatory Service overall regulatory, economic, Bulletin A340–71–4006, Revision 01, You may examine the AD docket on environmental, and energy aspects of dated May 14, 2009. The actions the Internet at http:// this AD. We will consider all comments described in this service information are www.regulations.gov; or in person at the received by the closing date and may intended to correct the unsafe condition Docket Operations office between 9 a.m. amend this AD because of those identified in the MCAI. and 5 p.m., Monday through Friday, comments. We will post all comments we except Federal holidays. The AD docket FAA’s Determination and Requirements receive, without change, to http:// contains this AD, the regulatory of This AD www.regulations.gov, including any evaluation, any comments received, and This product has been approved by personal information you provide. We other information. The street address for the aviation authority of another will also post a report summarizing each the Docket Operations office (telephone country, and is approved for operation substantive verbal contact we receive (800) 647–5527) is in the ADDRESSES in the United States. Pursuant to our about this AD. section. Comments will be available in bilateral agreement with the State of the AD docket shortly after receipt. Design Authority, we have been notified Authority for This Rulemaking FOR FURTHER INFORMATION CONTACT: of the unsafe condition described in the Title 49 of the United States Code Vladimir Ulyanov, International Branch, MCAI and service information specifies the FAA’s authority to issue ANM–116, Transport Airplane referenced above. We are issuing this rules on aviation safety. Subtitle I, Directorate, FAA, 1601 Lind Avenue, AD because we evaluated all pertinent section 106, describes the authority of SW., Renton, Washington 98057–3356; information and determined the unsafe the FAA Administrator. ‘‘Subtitle VII: telephone (425) 227–1138; fax (425) condition exists and is likely to exist or Aviation Programs,’’ describes in more 227–1149. develop on other products of the same detail the scope of the Agency’s SUPPLEMENTARY INFORMATION: type design. authority. There are no products of this type We are issuing this rulemaking under Discussion currently registered in the United States. the authority described in ‘‘Subtitle VII, The European Aviation Safety Agency However, this rule is necessary to Part A, Subpart III, Section 44701: (EASA), which is the Technical Agent ensure that the described unsafe General requirements.’’ Under that for the Member States of the European condition is addressed if any of these section, Congress charges the FAA with Community, has issued EASA products are placed on the U.S. Register promoting safe flight of civil aircraft in Airworthiness Directive 2009–0115, in the future. air commerce by prescribing regulations

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for practices, methods, and procedures airplanes, all manufacturer serial numbers; Within 30 days after the effective date of this the Administrator finds necessary for certificated in any category. AD, calculate the replacement date in safety in air commerce. This regulation accordance with the calculation method Subject provided in Airbus Mandatory Service is within the scope of that authority (d) Air Transport Association (ATA) of Bulletin A340–71–4006, Revision 01, dated because it addresses an unsafe condition America Code 71: Powerplant. May 14, 2009, and replace the part no later that is likely to exist or develop on than the calculated replacement date. Reason products identified in this rulemaking (2) Repeat the replacement required by action. (e) The mandatory continued airworthiness paragraph (g)(1) of this AD at intervals not to information (MCAI) states: exceed 15,500 flight cycles on the part in Regulatory Findings A recent review of the A340–200/300 fleet accordance with the Accomplishment We determined that this AD will not has shown that the current utilization rate of Instructions of Airbus Mandatory Service have federalism implications under the aeroplanes is different from the Bulletin A340–71–4006, Revision 01, dated May 14, 2009. Executive Order 13132. This AD will assumptions used at the time of A340 initial certification. New calculations have been FAA AD Differences not have a substantial direct effect on performed taking into account an updated the States, on the relationship between mission profile to determine the impact to Note 2: This AD differs from the MCAI the national government and the States, the loads on the forward engine mount. and/or service information as follows: No or on the distribution of power and Engineering analysis using the new differences. responsibilities among the various calculated loads has shown that the levels of government. structural integrity of the forward engine Other FAA AD Provisions For the reasons discussed above, I mount cannot be guaranteed after either (h) The following provisions also apply to certify this AD: thrust link has accumulated 15500 Flight this AD: ‘‘ Cycles (FC). (1) Alternative Methods of Compliance 1. Is not a significant regulatory Consequently, this AD introduces a Limit (AMOCs): The Manager, International action’’ under Executive Order 12866; of Validity (LOV) of 15 500 FC for CFM 56– Branch, ANM–116, Transport Airplane 2. Is not a ‘‘significant rule’’ under the 5C forward engine mount thrust links Part Directorate, FAA, has the authority to DOT Regulatory Policies and Procedures Number (P/N) 340–7005–3 and P/N 340– approve AMOCs for this AD, if requested (44 FR 11034, February 26, 1979); and 7005–4. using the procedures found in 14 CFR 39.19. 3. Will not have a significant In addition, this AD requires establishing Send information to ATTN: Vladimir economic impact, positive or negative, the deadline for replacement of forward Ulyanov, International Branch, ANM–116, on a substantial number of small entities engine mount thrust link assemblies, to trace Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington under the criteria of the Regulatory the life of these assemblies and to replace them no later than the calculated deadline. 98057–3356; telephone (425) 227–1138; fax Flexibility Act. (425) 227–1149. Before using any approved We prepared a regulatory evaluation A loss of structural integrity of the forward engine mounts could lead to the loss of the AMOC on any airplane to which the AMOC of the estimated costs to comply with load path for the forward engine mount and applies, notify your principal maintenance this AD and placed it in the AD docket. damage to other engine mount structures, inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a List of Subjects in 14 CFR Part 39 which could result in failure of the forward engine mount, possible separation of the principal inspector, your local Flight Air transportation, Aircraft, Aviation engine from the airplane, damage to the Standards District Office. The AMOC wing, or loss of control of the airplane. approval letter must specifically reference safety, Incorporation by reference, this AD. Safety. Compliance (2) Airworthy Product: For any requirement Adoption of the Amendment (f) You are responsible for having the in this AD to obtain corrective actions from actions required by this AD performed within a manufacturer or other source, use these ■ Accordingly, under the authority the compliance times specified, unless the actions if they are FAA-approved. Corrective delegated to me by the Administrator, actions have already been done. actions are considered FAA-approved if they the FAA amends 14 CFR part 39 as are approved by the State of Design Authority Actions follows: (or their delegated agent). You are required (g) Unless already done, do the following to assure the product is airworthy before it PART 39—AIRWORTHINESS actions. is returned to service. (3) Reporting Requirements: For any DIRECTIVES (1) At the applicable time in paragraph (g)(1)(i) or (g)(1)(ii) of this AD: Calculate the reporting requirement in this AD, under the ■ 1. The authority citation for part 39 flight cycles, as applicable, and replace all provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of continues to read as follows: CFM 56–5C forward engine mount thrust links P/N 340–7005–3 or P/N 340–7005–4, in Management and Budget (OMB) has Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with the Accomplishment approved the information collection Instructions of Airbus Mandatory Service requirements and has assigned OMB Control § 39.13 [Amended] Bulletin A340–71–4006, Revision 01, dated Number 2120–0056. ■ 2. The FAA amends § 39.13 by adding May 14, 2009. Related Information Note 1: P/N 340–7005–3 and P/N 340– the following new AD: (i) Refer to Mandatory Continuing 7005–4 are the part numbers for only the 2010–02–03 Airbus: Amendment 39–16174. Airworthiness Information (MCAI) European link. P/N 340–7005–503 and P/N 340–7005– Aviation Safety Agency (EASA) Docket No. FAA–2009–1251; Directorate 504 are the part numbers for the assembly Identifier 2009–NM–133–AD. Airworthiness Directive 2009–0115, dated (comprising the bearing and the link). May 29, 2009; and Airbus Mandatory Service Effective Date (i) For airplanes with thrust links for which Bulletin A340–71–4006, Revision 01, dated (a) This airworthiness directive (AD) the history of the part is available: Replace May 14, 2009; for related information. becomes effective January 29, 2010. in accordance with Airbus Mandatory Service Bulletin A340–71–4006, Revision 01, Material Incorporated by Reference Affected ADs dated May 14, 2009, prior to the (j) You must use Airbus Mandatory Service (b) None. accumulation of 15,500 total flight cycles on Bulletin A340–71–4006, Revision 01, dated the part, or within 90 days from the effective May 14, 2009, to do the actions required by Applicability date of the AD, whichever occurs later. this AD, unless the AD specifies otherwise. (c) This AD applies to Airbus Model A340– (ii) For airplanes with thrust links for (1) The Director of the Federal Register 211, –212, –213, –311, –312, and –313 which the part history is partial or unknown: approved the incorporation by reference of

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this service information under 5 U.S.C. We are issuing this AD to require bulletins should be mandatory. Embraer 552(a) and 1 CFR part 51. actions to correct the unsafe condition also states that issuance of a Special (2) For service information identified in on these products. Airworthiness Information Bulletin this AD, contact Airbus SAS—Airworthiness would be an alternative measure to be Office—EAL, 1 Rond Point Maurice Bellonte, DATES: This AD becomes effective 31707 Blagnac Cedex, France; telephone +33 February 18, 2010.The Director of the taken in this case, since it would 5 61 93 36 96; fax +33 5 61 93 45 80; e-mail Federal Register approved the address the concerns in the NPRM and airworthiness.A330–[email protected]; incorporation by reference of certain still be in conformity with the 14 CFR Internet http://www.airbus.com. publications listed in this AD as of part 39 requirements. (3) You may review copies of the service February 18, 2010. We disagree with the request to information at the FAA, Transport Airplane withdraw the NPRM. We have ADDRESSES: You may examine the AD Directorate, 1601 Lind Avenue, SW., Renton, consulted with the Ageˆncia Nacional de docket on the Internet at http:// Washington. For information on the Aviac¸a˜o Civil (ANAC) regarding the www.regulations.gov or in person at the availability of this material at the FAA, call manufacturer’s comment and U.S. Department of Transportation, 425–227–1221 or 425–227–1152. determined that, regardless of the very (4) You may also review copies of the Docket Operations, M–30, West low probability that a catastrophic event service information that is incorporated by Building Ground Floor, Room W12–140, could occur due to a rotor burst, the reference at the National Archives and 1200 New Jersey Avenue, SE., requirements of 14 CFR part 25 do not Records Administration (NARA). For Washington, DC. information on the availability of this permit the use of probability as a risk material at NARA, call 202–741–6030, or go FOR FURTHER INFORMATION CONTACT: reduction parameter. Furthermore, the to: http://www.archives.gov/federal_register/ Kenny Kaulia, Aerospace Engineer, design must minimize the effects of code_of_federal_regulations/ International Branch, ANM–116, rotor burst by any means practicable. _ ibr locations.html. Transport Airplane Directorate, FAA, This AD is necessary to address the Issued in Renton, Washington, on 1601 Lind Avenue, SW., Renton, identified unsafe condition. Therefore, December 30, 2009. Washington 98057–3356; telephone the AD is not changed in this regard. Ali Bahrami, (425) 227–2848; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Explanation of Changes Made to This Manager, Transport Airplane Directorate, AD Aircraft Certification Service. Discussion [FR Doc. 2010–211 Filed 1–13–10; 8:45 am] We have revised this AD to identify BILLING CODE 4910–13–P We issued a notice of proposed the correct legal name of the rulemaking (NPRM) to amend 14 CFR manufacturer as published in the most part 39 to include an AD that would recent type certificate data sheet for the DEPARTMENT OF TRANSPORTATION apply to the specified products. That affected airplane models. NPRM was published in the Federal Federal Aviation Administration Register on July 15, 2009 (74 FR 34276). Conclusion That NPRM proposed to correct an We reviewed the available data, 14 CFR Part 39 unsafe condition for the specified including the comments received, and products. The MCAI states: determined that air safety and the [Docket No. FAA–2009–0610; Directorate The result of re-assessment of rotor burst public interest require adopting the AD Identifier 2009–NM–021–AD; Amendment analysis has shown the possibility of loss of with the change described previously. 39–16171; AD 2010–01–12] electrical power supply to the following We determined that this change will not aircraft systems: Air Data System (ADS), RIN 2120–AA64 increase the economic burden on any Ailerons, Multifunctional spoilers and operator or increase the scope of the AD. Airworthiness Directives; Empresa rudder, which result in loss of the aircraft pitch and yaw control. Differences Between This AD and the Brasileira de Aeronautica S.A. MCAI or Service Information (EMBRAER) Model ERJ 170 Airplanes * * * * * Required actions include modifying the We have reviewed the MCAI and AGENCY: Federal Aviation electrical wiring in the overhead panel related service information and, in Administration (FAA), Department of of the cockpit, modifying the air data general, agree with their substance. But Transportation (DOT). smart probe 3B power supply bus, and we might have found it necessary to use ACTION: Final rule. modifying the Aeronautical Radio different words from those in the MCAI Incorporated (ARINC) 429 data bus, as to ensure the AD is clear for U.S. SUMMARY: We are adopting a new applicable. You may obtain further operators and is enforceable. In making airworthiness directive (AD) for the information by examining the MCAI in these changes, we do not intend to differ products listed above. This AD results the AD docket. substantively from the information from mandatory continuing provided in the MCAI and related Comments airworthiness information (MCAI) service information. originated by an aviation authority of We gave the public the opportunity to We might also have required different another country to identify and correct participate in developing this AD. We actions in this AD from those in the an unsafe condition on an aviation considered the comments received. MCAI in order to follow our FAA product. The MCAI describes the unsafe Request To Withdraw NPRM policies. Any such differences are condition as: highlighted in a NOTE within the AD. Embraer requests that we withdraw The result of re-assessment of rotor burst Costs of Compliance analysis has shown the possibility of loss of the NPRM. Embraer states that based on electrical power supply to the following service experience, the probability of a We estimate that this AD will affect aircraft systems: Air Data System (ADS), rotor burst combined with the 77 products of U.S. registry. We also Ailerons, Multifunctional spoilers and probability of a disk trajectory that hits estimate that it will take about 62 work- rudder, which result in loss of the aircraft the specific wiring bundle is extremely hours per product to comply with the pitch and yaw control. rare. Embraer disagrees that the basic requirements of this AD. The * * * * * modifications addressed by the service average labor rate is $80 per work-hour.

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Required parts will cost about $668 per and 5 p.m., Monday through Friday, cockpit, modifying the air data smart probe product. Where the service information except Federal holidays. The AD docket 3B power supply bus, and modifying the lists required parts costs that are contains the NPRM, the regulatory Aeronautical Radio Incorporated (ARINC) covered under warranty, we have evaluation, any comments received, and 429 data bus, as applicable. assumed that there will be no charge for other information. The street address for Actions and Compliance these parts. As we do not control the Docket Operations office (telephone (f) Unless already done, do the following warranty coverage for affected parties, (800) 647–5527) is in the ADDRESSES actions as applicable. some parties may incur costs higher section. Comments will be available in (1) For airplanes identified in Embraer than estimated here. Based on these the AD docket shortly after receipt. Service Bulletin 170–24–0019, dated figures, we estimate the cost of this AD December 6, 2006: Within 6,000 flight hours List of Subjects in 14 CFR Part 39 after the effective date of this AD, modify the to the U.S. operators to be $433,356, or Air transportation, Aircraft, Aviation electrical wiring in the overhead panel of the $5,628 per product. cockpit in accordance with Embraer Service safety, Incorporation by reference, Authority for This Rulemaking Bulletin 170–24–0019, dated December 6, Safety. 2006. Title 49 of the United States Code Adoption of the Amendment (2) For airplanes identified in Embraer specifies the FAA’s authority to issue Service Bulletin 170–24–0020, dated rules on aviation safety. Subtitle I, ■ Accordingly, under the authority November 30, 2006: Within 6,000 flight section 106, describes the authority of delegated to me by the Administrator, hours after the effective date of this AD, the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as change the Air Data Smart Probe 3 channel B power supply bus from ESS2 to ESS3 in Aviation Programs,’’ describes in more follows: accordance with Embraer Service Bulletin detail the scope of the Agency’s 170–24–0020, dated November 30, 2006. authority. PART 39—AIRWORTHINESS (3) For airplanes identified in Embraer We are issuing this rulemaking under DIRECTIVES Service Bulletin 170–31–0020, Revision 01, the authority described in ‘‘Subtitle VII, ■ 1. The authority citation for part 39 dated May 21, 2008: Within 6,000 flight hours after the effective date of this AD, Part A, Subpart III, Section 44701: continues to read as follows: General requirements.’’ Under that duplicate the Aeronautical Radio section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. Incorporated (ARINC) 429 airspeed signal for an extension longer than the rotor burst promoting safe flight of civil aircraft in § 39.13 [Amended] impact area; change the primary power air commerce by prescribing regulations ■ source for the modular avionics unit (MAU) for practices, methods, and procedures 2. The FAA amends § 39.13 by adding the following new AD: 2 from DC BUS 2 to DC ESS BUS 2 to include the Administrator finds necessary for an additional ground and to provide dual safety in air commerce. This regulation 2010–01–12 Empresa Brasileira de electrical power to MAU 2; and change the is within the scope of that authority Aeronautica S.A. (EMBRAER): wiring of the slat/flap actuators control because it addresses an unsafe condition Amendment 39–16171. Docket No. electronics (SF–ACE) 1 and 2 to primary FAA–2009–0610; Directorate Identifier actuator control electronics (P–ACE) 1, 2, and that is likely to exist or develop on 2009–NM–021–AD. 3; in accordance with Embraer Service products identified in this rulemaking Bulletin 170–31–0020, Revision 01, dated action. Effective Date May 21, 2008. (a) This airworthiness directive (AD) (4) Actions accomplished before the Regulatory Findings becomes effective February 18, 2010. effective date of this AD according to Embraer Service Bulletin 170–31–0020, dated We determined that this AD will not Affected ADs have federalism implications under July 20, 2007, are considered acceptable for Executive Order 13132. This AD will (b) None. compliance with the corresponding actions specified in this AD. not have a substantial direct effect on Applicability the States, on the relationship between (c) This AD applies to Empresa Brasileira FAA AD Differences the national government and the States, de Aeronautica S.A. (EMBRAER) Model ERJ Note 1: This AD differs from the MCAI or on the distribution of power and 170–100 LR, –100 STD, –100 SE, –100 SU, and/or service information as follows: No responsibilities among the various –200 LR, –200 STD, and –200 SU airplanes; differences. levels of government. certificated in any category; as identified in For the reasons discussed above, I Embraer Service Bulletins 170–24–0019, Other FAA AD Provisions certify this AD: dated December 6, 2006; 170–24–0020, dated (g) The following provisions also apply to 1. Is not a ‘‘significant regulatory November 30, 2006; and 170–31–0020, this AD: Revision 01, dated May 21, 2008. action’’ under Executive Order 12866; (1) Alternative Methods of Compliance 2. Is not a ‘‘significant rule’’ under the Subject (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane DOT Regulatory Policies and Procedures (d) Air Transport Association (ATA) of Directorate, FAA, has the authority to America Codes 24 and 31: Electrical power (44 FR 11034, February 26, 1979); and approve AMOCs for this AD, if requested and Instruments, respectively. 3. Will not have a significant using the procedures found in 14 CFR 39.19. economic impact, positive or negative, Reason Send information to ATTN: Kenny Kaulia, on a substantial number of small entities (e) The mandatory continuing Aerospace Engineer, International Branch, under the criteria of the Regulatory airworthiness information (MCAI) states: ANM–116, Transport Airplane Directorate, Flexibility Act. FAA, 1601 Lind Avenue, SW., Renton, The result of re-assessment of rotor burst We prepared a regulatory evaluation Washington 98057–3356; telephone (425) analysis has shown the possibility of loss of 227–2848; fax (425) 227–1149. Before using of the estimated costs to comply with electrical power supply to the following this AD and placed it in the AD docket. any approved AMOC on any airplane to aircraft systems: Air Data System (ADS), which the AMOC applies, notify your Examining the AD Docket Ailerons, Multifunctional spoilers and principal maintenance inspector (PMI) or rudder, which result in loss of the aircraft principal avionics inspector (PAI), as You may examine the AD docket on pitch and yaw control. appropriate, or lacking a principal inspector, the Internet at http:// * * * * * your local Flight Standards District Office. www.regulations.gov; or in person at the Required actions include modifying the (2) Airworthy Product: For any requirement Docket Operations office between 9 a.m. electrical wiring in the overhead panel of the in this AD to obtain corrective actions from

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a manufacturer or other source, use these (3) Reporting Requirements: For any Related Information actions if they are FAA-approved. Corrective reporting requirement in this AD, under the (h) Refer to MCAI Ageˆncia Nacional de provisions of the Paperwork Reduction Act actions are considered FAA-approved if they Aviac¸a˜o Civil (ANAC) Airworthiness (44 U.S.C. 3501 et seq.), the Office of are approved by the State of Design Authority Directive 2008–09–01, dated September 30, (or their delegated agent). You are required Management and Budget (OMB) has approved the information collection 2008, and the service information identified to assure the product is airworthy before it requirements and has assigned OMB Control in Table 1 of this AD, for related information. is returned to service. Number 2120–0056.

TABLE 1—SERVICE INFORMATION

Embraer Service Bulletin— Revision— Dated—

170–24–0019 ...... Original ...... December 6, 2006. 170–24–0020 ...... Original ...... November 30, 2006. 170–31–0020 ...... 01 ...... May 21, 2008.

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

TABLE 2—MATERIAL INCORPORATED BY REFERENCE

Embraer Service Bulletin— Revision— Dated—

170–24–0019 ...... Original ...... December 6, 2006. 170–24–0020 ...... Original ...... November 30, 2006. 170–31–0020 ...... 01 ...... May 21, 2008.

Issued in Renton, Washington, on AD requires replacing the engine fuel Docket Management Facility between 9 December 28, 2009. shutoff valves for the left and right main a.m. and 5 p.m., Monday through Ali Bahrami, tanks. This AD results from a report of Friday, except Federal holidays. The AD Manager, Transport Airplane Directorate, a failed engine start, which was caused docket contains this AD, the regulatory Aircraft Certification Service. by an internally fractured engine fuel evaluation, any comments received, and [FR Doc. 2010–212 Filed 1–13–10; 8:45 am] shutoff valve. We are issuing this AD to other information. The address for the BILLING CODE 4910–13–P prevent the failure of the valve in the Docket Office (telephone 800–647–5527) closed position, open position, or is the Document Management Facility, partially open position, which could U.S. Department of Transportation, DEPARTMENT OF TRANSPORTATION result in engine fuel flow problems and Docket Operations, M–30, West possible uncontrolled fuel leak or fire. Building Ground Floor, Room W12–140, Federal Aviation Administration DATES: This AD is effective February 18, 1200 New Jersey Avenue, SE., Washington, DC 20590. 14 CFR Part 39 2010. The Director of the Federal Register FOR FURTHER INFORMATION CONTACT: [Docket No. FAA–2009–0657; Directorate approved the incorporation by reference Samuel Spitzer, Aerospace Engineer, Identifier 2009–NM–048–AD; Amendment of a certain publication listed in the AD Propulsion Branch, ANM–140S, FAA, 39–16175; AD 2010–02–04] as of February 18, 2010. Seattle Aircraft Certification Office, RIN 2120–AA64 ADDRESSES: For service information 1601 Lind Avenue, SW., Renton, identified in this AD, contact Boeing Washington 98057–3356; telephone Airworthiness Directives; The Boeing Commercial Airplanes, Attention: Data (425) 917–6510; fax (425) 917–6590. Company Model 737–600, –700, –700C, & Services Management, P.O. Box 3707, SUPPLEMENTARY INFORMATION: –800, –900, and –900ER Series MC 2H–65, Seattle, Washington 98124– Discussion Airplanes 2207; telephone 206–544–5000, AGENCY: Federal Aviation extension 1; fax 206–766–5680; e-mail We issued a notice of proposed Administration (FAA), DOT. [email protected]; Internet rulemaking (NPRM) to amend 14 CFR ACTION: Final rule. https://www.myboeingfleet.com. part 39 to include an airworthiness directive (AD) that would apply to Examining the AD Docket SUMMARY: We are adopting a new certain Model 737–600, –700, –700C, airworthiness directive (AD) for certain You may examine the AD docket on –800, –900, and –900ER series Model 737–600, –700, –700C, –800, the Internet at http:// airplanes. That NPRM was published in –900, and –900ER series airplanes. This www.regulations.gov; or in person at the the Federal Register on July 29, 2009

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(74 FR 37657). That NPRM proposed to compliance. We have not changed the Costs of Compliance require replacing the engine fuel shutoff AD in this regard. We estimate that this AD affects 883 valves for the left and right main tanks. Request To Extend the Compliance airplanes of U.S. registry. We also Comments Time estimate that it takes 26 work-hours per We gave the public the opportunity to product to comply with this AD. The ATA, on behalf of its member participate in developing this AD. We average labor rate is $80 per work-hour. American Airlines, requests that we considered the comments received from Required parts cost up to $8,496 per extend the compliance time from 60 the commenters. product. Based on these figures, we months to 72 months after the effective estimate the cost of this AD to the U.S. Support for the NPRM date of the AD. The commenter states operators to be up to $9,338,608, or Boeing concurs with the contents of that maintenance schedules may not $10,576 per product. allow for accomplishment of the the NPRM. Continental Airlines has no Authority for This Rulemaking technical objections to the NPRM. required actions on all affected aircraft within the compliance time, depending Title 49 of the United States Code Request To Clarify Use of Valve Bodies on the effective date of the AD. specifies the FAA’s authority to issue Continental Airlines states that the We disagree with the request to rules on aviation safety. Subtitle I, NPRM affects the engine fuel shutoff extend the compliance time. The 60- section 106, describes the authority of valves, and paragraph (i) of the NPRM month compliance time was established the FAA Administrator. ‘‘Subtitle VII: prohibits installing any valve with ITT to maintain an acceptable level of safety Aviation Programs,’’ describes in more Aerospace Controls part number across the 737 fleet in consideration of detail the scope of the Agency’s 125334D–1 (Boeing part number the valve failure rate, consequence of authority. S343T003–40) that has been removed the failure, and practicality of We are issuing this rulemaking under from the spar location on any airplane incorporating the corrective actions. The the authority described in ‘‘Subtitle VII, in any location unless it has been commenter has not offered rationale for Part A, Subpart III, Section 44701: modified in accordance with Boeing extending the compliance time. In General requirements.’’ Under that Service Bulletin 737–28–1272, dated developing an appropriate compliance section, Congress charges the FAA with October 31, 2008, to the new ITT time for this action, we considered the promoting safe flight of civil aircraft in 125334D–2 part number (Boeing part air commerce by prescribing regulations urgency associated with the subject number S343T003–67). for practices, methods, and procedures unsafe condition, the availability of We infer that Continental Airlines the Administrator finds necessary for required parts, and the practical aspect asks that we clarify whether the safety in air commerce. This regulation of accomplishing the required removed valve can be reused on is within the scope of that authority modification within a period of time airplanes in any location. We agree to because it addresses an unsafe condition provide clarification. These valves may that corresponds to the normal that is likely to exist or develop on not be used in any location on the scheduled maintenance for most products identified in this rulemaking airplane unless they have been modified affected operators. According to the action. in accordance with Boeing Service manufacturer, an ample number of Bulletin 737–28–1272, dated October required parts will be available to Regulatory Findings 31, 2008, to the new ITT 125334D–2 modify the U.S. fleet within the This AD will not have federalism part number (Boeing part number proposed compliance time. However, implications under Executive Order S343T003–67). We have not changed according to the provisions of paragraph 13132. This AD will not have a the AD in this regard. (j) of the final rule, we may approve substantial direct effect on the States, on requests to adjust the compliance time Request To Increase the Cost of the relationship between the national if the request includes data that prove Compliance government and the States, or on the the new compliance time would provide distribution of power and Air Transport Association (ATA), on an acceptable level of safety. We have responsibilities among the various behalf of its member American Airlines, not changed the AD in this regard. levels of government. requests that we increase the costs of For the reasons discussed above, I compliance to reflect 34 work-hours Explanation of Changes Made to This certify that this AD: instead of 26 work-hours. ATA states AD that the ITT Aerospace Controls service (1) Is not a ‘‘significant regulatory We have revised this AD to identify bulletin includes 4 hours for each action’’ under Executive Order 12866, the legal name of the manufacturer as engine fuel spar valve body. Each (2) Is not a ‘‘significant rule’’ under published in the most recent type Boeing Model 737–600, –700, –700C, DOT Regulatory Policies and Procedures certificate data sheet for the affected –800, –900, and –900ER series airplane (44 FR 11034, February 26, 1979), and airplane models. has 2 valve bodies in the engine fuel (3) Will not have a significant shutoff valve position. Conclusion economic impact, positive or negative, We disagree with the request to on a substantial number of small entities increase the cost of compliance. Boeing We have carefully reviewed the under the criteria of the Regulatory Service Bulletin 737–28–1272, dated available data, including the comments Flexibility Act. October 31, 2008, provides the option to that have been received, and determined You can find our regulatory return the valve to the supplier for that air safety and the public interest evaluation and the estimated costs of modification, and therefore, the actions require adopting the AD with the compliance in the AD Docket. identified by the commenter are not changes described previously. We have List of Subjects in 14 CFR Part 39 mandatory. Because the additional costs determined that these changes will cited by the ATA are optional to neither increase the economic burden Air transportation, Aircraft, Aviation operators, we do not consider those on any operator nor increase the scope safety, Incorporation by reference, costs in our determination of the cost of of the AD. Safety.

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Adoption of the Amendment Parts Installation information on the availability of this material at NARA, call 202–741–6030, or go (h) As of the effective date of this AD, no _ ■ Accordingly, under the authority person may install any engine fuel shutoff to: http://www.archives.gov/federal register/ code_of_federal_regulations/ delegated to me by the Administrator, valve with ITT Aerospace Controls part _ the FAA amends 14 CFR part 39 as number 125334D–1 (Boeing part number ibr locations.html. follows: S343T003–40) on any airplane at the spar Issued in Renton, Washington, on valve location. A valve that has been December 30, 2009. PART 39—AIRWORTHINESS modified in accordance with Boeing Service Ali Bahrami, Bulletin 737–28–1272, dated October 31, DIRECTIVES Manager, Transport Airplane Directorate, 2008, to the new ITT 125334D–2 part number Aircraft Certification Service. ■ 1. The authority citation for part 39 (Boeing part number S343T003–67) may be installed at the spar valve location. [FR Doc. 2010–398 Filed 1–13–10; 8:45 am] continues to read as follows: (i) As of the effective date of this AD, no BILLING CODE 4910–13–P Authority: 49 U.S.C. 106(g), 40113, 44701. valve with ITT Aerospace Controls part number 125334D–1 (Boeing part number § 39.13 [Amended] S343T003–40) that has been removed from DEPARTMENT OF TRANSPORTATION the spar location may be reinstalled on any ■ 2. The FAA amends § 39.13 by adding airplane in any location unless it has been Federal Aviation Administration the following new AD: modified in accordance with Boeing Service 2010–02–04 The Boeing Company: Bulletin 737–28–1272, dated October 31, 14 CFR Part 39 Amendment 39–16175. Docket No. 2008, to the new ITT 125334D–2 part number FAA–2009–0657; Directorate Identifier (Boeing part number S343T003–67). [Docket No. FAA–2009–0236; Directorate 2009–NM–048–AD. Identifier 2009–NE–06–AD; Amendment 39– Alternative Methods of Compliance 16162; AD 2010–01–05] Effective Date (AMOCs) RIN 2120–AA64 (a) This airworthiness directive (AD) is (j)(1) The Manager, Seattle Aircraft effective February 18, 2010. Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested Airworthiness Directives; CFM Affected ADs using the procedures found in 14 CFR 39.19. International, S.A. CFM56–7B Series (b) None. Send information to ATTN: Samuel Spitzer, Turbofan Engines Aerospace Engineer, Propulsion Branch, AGENCY: Applicability ANM–140S, FAA, Seattle Aircraft Federal Aviation (c) This AD applies to The Boeing Certification Office, 1601 Lind Avenue, SW., Administration (FAA), DOT. Company Model 737–600, –700, –700C, Renton, Washington 98057–3356; telephone ACTION: Final rule. –800, –900, and –900ER series airplanes, (425) 917–6510; fax (425) 917–6590. Or, certificated in any category; as identified in e-mail information to 9-ANM-Seattle-ACO- SUMMARY: The FAA is adopting a new Boeing Service Bulletin 737–28–1272, dated [email protected]. airworthiness directive (AD) for CFM October 31, 2008. (2) To request a different method of International, S.A. CFM56–7B series compliance or a different compliance time turbofan engines. This AD requires Subject for this AD, follow the procedures in 14 CFR initial and repetitive eddy current (d) Air Transport Association (ATA) of 39.19. Before using any approved AMOC on inspections (ECIs) of certain part America Code 28: Fuel. any airplane to which the AMOC applies, number (P/N) low-pressure (LP) turbine notify your principal maintenance inspector rear frames. This AD results from a Unsafe Condition (PMI) or principal avionics inspector (PAI), (e) This AD requires replacing engine fuel as appropriate, or lacking a principal refined life analysis by the engine shutoff valves for the left and right main inspector, your local Flight Standards District manufacturer that shows the need to tanks. This AD results from a report of a Office. The AMOC approval letter must identify an initial and repetitive failed engine start, which was caused by an specifically reference this AD. inspection threshold for inspecting internally fractured engine fuel shutoff valve. certain LP turbine rear frames. We are Material Incorporated by Reference We are issuing this AD to prevent the failure issuing this AD to prevent failure of the of the valve in the closed position, open (k) You must use Boeing Service Bulletin LP turbine rear frame from low-cycle- position, or partially open position, which 737–28–1272, dated October 31, 2008, to do fatigue cracks. Failure of the LP turbine could result in engine fuel flow problems and the actions required by this AD, unless the possible uncontrolled fuel leak or fire. AD specifies otherwise. rear frame could result in engine (1) The Director of the Federal Register separation from the airplane, possibly Compliance approved the incorporation by reference of leading to loss of control of the airplane. (f) You are responsible for having the this service information under 5 U.S.C. DATES: This AD becomes effective actions required by this AD performed within 552(a) and 1 CFR part 51. February 18, 2010. The Director of the the compliance times specified, unless the (2) For service information identified in Federal Register approved the actions have already been done. this AD, contact Boeing Commercial incorporation by reference of certain Airplanes, Attention: Data & Services Replacement of the Engine Fuel Spar Valve publications listed in the regulations as Management, P.O. Box 3707, MC 2H–65, Body of the Left and Right Wing Main Tanks Seattle, Washington 98124–2207; telephone of February 18, 2010. (g) Within 60 months after the effective 206–544–5000, extension 1; fax 206–766– ADDRESSES: You can get the service date of this AD: Replace the engine fuel spar 5680; e-mail [email protected]; information identified in this AD from valve bodies of the left and right wing main Internet https://www.myboeingfleet.com. CFM International, Technical tanks in accordance with the (3) You may review copies of the service Publications Department, 1 Neumann Accomplishment Instructions of Boeing information at the FAA, Transport Airplane Way, Cincinnati, OH 45215; telephone Service Bulletin 737–28–1272, dated October Directorate, 1601 Lind Avenue, SW., Renton, 31, 2008. (513) 552–2800; fax (513) 552–2816. Washington. For information on the The Docket Operations office is Note 1: Boeing Service Bulletin 737–28– availability of this material at the FAA, call 1272, dated October 31, 2008, refers to ITT 425–227–1221 or 425–227–1152. located at Docket Management Facility, Aerospace Controls Service Bulletin (4) You may also review copies of the U.S. Department of Transportation, 1200 125334D–28–02, dated August 27, 2008, as service information that is incorporated by New Jersey Avenue, SE., West Building an additional source of guidance for reference at the National Archives and Ground Floor, Room W12–140, modifying the valve body assembly. Records Administration (NARA). For Washington, DC 20590–0001.

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FOR FURTHER INFORMATION CONTACT: No. CFM56–7B S/B 72–0579, which is –7B27/3 in the proposed AD, as it Antonio Cancelliere, Aerospace Revision 5, dated March 30, 2009. CFM appears to be incorrect. ATA states also Engineer, Engine Certification Office, International also requests that we that engine model –7B27/B3 is missing FAA, Engine and Propeller Directorate, reference the latest version of CFM from the proposed AD. 12 New England Executive Park, International, S.A. SB No. CFM56–7B We agree. We corrected the –7B27/3 Burlington, MA 01803; e-mail: S/B 72–0558, which is Revision 3, dated engine model in paragraph (g) to read [email protected]; telephone March 30, 2009. ‘‘–7B27/B3’’. We also corrected the (781) 238–7751; fax (781) 238–7199. We agree and changed the SB typographical error in paragraph (c)(1) SUPPLEMENTARY INFORMATION: The FAA references in the AD. so that engine model –7B27/3 is not proposed to amend 14 CFR part 39 with Request To Include LP Turbine Rear duplicated. We changed the duplicate a proposed AD. The proposed AD Frame P/Ns model to read ‘‘–7B27/B3’’. applies to CFM International, S.A. Request To Remove an Engine Model CFM56–7B series turbofan engines. We ATA requests that we include turbine published the proposed AD in the rear frame P/Ns 340–166–251–0; 340– ATA requests that we remove engine Federal Register on May 11, 2009 (74 166–252–0; and 340–166–253–0. These model –7B27A from paragraph (f) of the FR 21772). That action proposed to P/Ns are included in the effectivity proposed AD, as it is not affected by the require initial and repetitive ECIs of section of CFM International, S.A. SB AD action. certain P/N LP turbine rear frames. No. CFM56–7B S/B 72–0579, and We agree and removed that engine Engine Manual 05–21–03. ATA also model from the AD. Examining the AD Docket requests that we include LP turbine rear You may examine the AD docket on frame P/Ns 340–027–110–0 and 370– Previous Credit Paragraphs Added the Internet at http:// 027–120–0. These P/Ns are included in Since we issued the proposed AD, we www.regulations.gov; or in person at the the effectivity section of CFM became aware that we need to allow Docket Operations office between 9 a.m. International, S.A. SB No. CFM56–7B previous credit for initial inspections and 5 p.m., Monday through Friday, S/B 72–0568. done before the effective date of the AD, except Federal holidays. The AD docket We do not agree. This AD addresses using earlier versions of the applicable contains this AD, the regulatory LP turbine rear frame P/Ns introduced SBs. We added two previous credit evaluation, any comments received, and in the field by CFM International, S.A. paragraphs to the compliance section of other information. The street address for through SB No. CFM56–7B S/B 72– the AD. the Docket Operations office (telephone 0527, before the ALS could be modified (800) 647–5527) is provided in the to include the LP turbine rear frame Conclusion ADDRESSES section. Comments will be P/Ns affected by this AD. The LP We have carefully reviewed the available in the AD docket shortly after turbine rear frame P/Ns listed by ATA available data, including the comments receipt. are already listed in the ALS. We did received, and determined that air safety not change the AD. Comments and the public interest require adopting the AD with the changes described We provided the public the Question Regarding Inclusion of LP previously. We have determined that opportunity to participate in the Turbine Rear Frame P/Ns these changes will neither increase the development of this AD. We have Japan Airlines (JAL) questions economic burden on any operator nor considered the comments received. whether the LP turbine rear frame P/Ns increase the scope of the AD. 340–166–251–0; 340–166–252–0; and Request To Supersede or Revise 340–166–253–0 should be listed in this Costs of Compliance Existing AD 2008–03–09 AD. We estimate that this AD will affect One commenter, the Air Transport The LP turbine rear frame P/Ns 1,228 CFM56–7B series turbofan Association (ATA), requests that we referred to by JAL are already listed in engines installed on airplanes of U.S. should supersede or revise existing AD the ALS. We did not change the AD. 2008–03–09 to incorporate the registry. We estimate that it will take requirements and P/Ns affected by the Request To Remove Engine Models about 3 work-hours to perform an eddy proposed AD. ATA requests that we remove engine current inspection of an LP turbine rear We do not agree. Superseding or models CFM56–7B26/B2; CFM56–7B26/ frame. The average labor rate is $80 per revising that AD to incorporate these 3B2; and CFM56–7B26/3B2F from the work-hour. A new replacement LP requirements would make the proposed AD, as they are not affected. turbine rear frame costs about $275,000. requirements of existing AD 2008–03– We agree and removed those models We estimate that all but the first of the 09 and this AD confusing. AD 2008–03– from the AD. We also advised CFM recurrent inspections would occur 09 requires a change to the International, S.A., to remove those during normally scheduled Airworthiness Limitations Section models from the effectivity list of SB maintenance. Therefore, the cost of only (ALS) for the introduction of the new LP No. CFM56–7B S/B 72–0579. the first inspection is included as turbine rear frame life limits, with directly attributable to this AD and we inspections, while this AD introduces Request To Remove Repeated P/Ns included that cost in the first year. Also, limits for LP turbine rear frame P/Ns ATA requests that we remove the while we estimate that all 1,228 LP that were introduced to the field before repeated listings of LP turbine rear turbine rear frames will need the ALS changes occurred. We did not frame P/N 340–166–254–0 from the AD. replacement at some point in their 30- change the AD. We agree and removed the repeated year useful life, only the unused cost of P/N listings from the AD. the part is attributable to this AD. Request To Reference the Latest Service Therefore, based on the service history Bulletins (SBs) Request To Review and Correct an of the LP turbine rear frame, we estimate ATA and CFM International, S.A. Engine Model the total cost of the AD to U.S. operators request that we reference the latest ATA and CFM International, S.A. to be less than $11,266,490 annually version of CFM International, S.A. SB request that we review the engine model based on a 30-year fleet life expectation.

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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. (2) For engines with unknown LP turbine rear frame CSN, perform an initial ECI within Title 49 of the United States Code § 39.13 [Amended] 300 cycles from the effective date of this AD. specifies the FAA’s authority to issue ■ 2. The FAA amends § 39.13 by adding (3) Perform repetitive ECIs of the LP rules on aviation safety. Subtitle I, the following new airworthiness turbine rear frame, using the inspection Section 106, describes the authority of directive: intervals in paragraph 3.A. (8) of the the FAA Administrator. Subtitle VII, Accomplishment Instructions of CFM Aviation Programs, describes in more 2010–01–05 CFM International, S.A: International, S.A. SB No. CFM56–7B S/B detail the scope of the Agency’s Amendment 39–16162. Docket No. 72–0579, Revision 5, dated March 30, 2009. FAA–2009–0236; Directorate Identifier (4) Use paragraphs 3.A. through 3.A. (7)(d) authority. 2009–NE–06–AD. We are issuing this rulemaking under of the Accomplishment Instructions of CFM the authority described in Subtitle VII, Effective Date International, S.A. Service Bulletin (SB) No. Part A, Subpart III, Section 44701, (a) This airworthiness directive (AD) CFM56–7B S/B 72–0579, Revision 5, dated ‘‘General requirements.’’ Under that becomes effective February 18, 2010. March 30, 2009, to do the ECIs. (5) Remove LP turbine rear frames from section, Congress charges the FAA with Affected ADs promoting safe flight of civil aircraft in service that have a total cumulated crack (b) None. length at any location, of 0.79 inch (20 mm) air commerce by prescribing regulations or longer. for practices, methods, and procedures Applicability (g) For CFM International, S.A. CFM56– the Administrator finds necessary for (c) This AD applies to: 7B26/B1; –7B27/B3; –7B26/3B1; and –7B27/ safety in air commerce. This regulation (1) CFM International, S.A. CFM56–7B20; 3B3 turbofan engines with an LP turbine rear is within the scope of that authority –7B22; –7B24; –7B26; –7B27; –7B22/B1; frame, P/N 340–166–254–0; 340–166–255–0; because it addresses an unsafe condition –7B24/B1; –7B27/B1; –7B26/B1; –7B20/3; 340–166–256–0; 340–166–257–0; 340–166– that is likely to exist or develop on –7B22/3; –7B24/3; –7B26/3; –7B27/3; –7B22/ 258–0; or 340–166–259–0, do the following: products identified in this rulemaking 3B1; –7B24/3B1; –7B27/3B1; –7B26/3B1; (1) Perform an initial ECI of the LP turbine –7B26/3F; –7B27/B3; –7B27/3F; –7B27/3B1F; action. rear frame within 19,000 CSN on the LP and –7B27/3B3 turbofan engines assembled turbine rear frame. Regulatory Findings with a low-pressure (LP) turbine rear frame, (2) For engines with unknown LP turbine part number (P/N) 340–166–254–0; 340–166– rear frame CSN, perform an initial ECI within We have determined that this AD will 255–0; 340–166–256–0; 340–166–257–0; 300 cycles from the effective date of this AD. not have federalism implications under 340–166–258–0; or 340–166–259–0; and (3) Perform repetitive ECIs of the LP (2) CFM International, S.A. CFM56–7B20/ Executive Order 13132. This AD will turbine rear frame, using the inspection not have a substantial direct effect on 2; –7B22/2; –7B24/2; –7B26/2; and –7B27/2 turbofan engines assembled with a dual intervals in paragraph 3.A. (9) of the the States, on the relationship between Accomplishment Instructions of CFM the national government and the States, annular combustor and an LP turbine rear frame, P/N 340–177–551–0; 340–177–552–0; International, S.A. SB No. CFM56–7B S/B or on the distribution of power and 340–177–553–0; 340–177–554–0; 340–177– 72–0579, Revision 5, dated March 30, 2009. responsibilities among the various 555–0; or 340–177–556–0. (4) Use paragraphs 3.A. through 3.A. (7)(d) levels of government. (3) These engines are installed on, but not of the Accomplishment Instructions of CFM For the reasons discussed above, I limited to, Boeing 737–600, 737–700, 737– International, S.A. Service Bulletin (SB) No. certify that this AD: 800, and 737–900 series airplanes. CFM56–7B S/B 72–0579, Revision 5, dated (1) Is not a ‘‘significant regulatory March 30, 2009, to do the ECIs. Unsafe Condition action’’ under Executive Order 12866; (5) Remove LP turbine rear frames from (2) Is not a ‘‘significant rule’’ under (d) This AD results from a refined life service that have a total cumulated crack DOT Regulatory Policies and Procedures analysis by the engine manufacturer that length at any location, of 0.79 inch (20 mm) shows the need to identify an initial and or longer. (44 FR 11034, February 26, 1979); and repetitive inspection threshold for inspecting (h) For CFM International, S.A. CFM56– (3) Will not have a significant certain LP turbine rear frames. We are issuing 7B20/2; –7B22/2; –7B24/2; –7B26/2; and economic impact, positive or negative, this AD to prevent failure of the LP turbine –7B27/2 turbofan engines assembled with a on a substantial number of small entities rear frame from low-cycle-fatigue cracks. dual annular combustor and an LP turbine under the criteria of the Regulatory Failure of the LP turbine rear frame could rear frame, P/N 340–177–551–0; 340–177– Flexibility Act. result in engine separation from the airplane, 552–0; 340–177–553–0; 340–177–554–0; We prepared a summary of the costs possibly leading to loss of control of the 340–177–555–0; or 340–177–556–0, do the to comply with this AD and placed it in airplane. following: the AD Docket. You may get a copy of Compliance (1) Perform an initial ECI of the LP turbine rear frame within 16,350 CSN on the LP this summary at the address listed (e) You are responsible for having the turbine rear frame. under ADDRESSES. actions required by this AD performed within (2) For engines with unknown LP turbine the compliance times specified unless the List of Subjects in 14 CFR Part 39 rear frame CSN, perform an initial ECI within actions have already been done. Air transportation, Aircraft, Aviation 300 cycles from the effective date of this AD. Inspections of LP Turbine Rear Frames safety, Incorporation by reference, (3) Perform repetitive ECIs of the LP turbine rear frame, using the inspection Safety. (f) For CFM International, S.A. CFM56– 7B20; –7B22; –7B24; –7B26; –7B27; –7B22/ intervals in paragraph 3.A. (8) of the Adoption of the Amendment B1; –7B24/B1; –7B27/B1; –7B20/3; –7B22/3; Accomplishment Instructions of CFM –7B24/3; –7B26/3; –7B27/3; –7B22/3B1; International, S.A. SB No. CFM56–7B S/B ■ Accordingly, under the authority –7B24/3B1; –7B27/3B1; –7B26/3F; –7B27/3F; 72–0558, Revision 3, dated March 30, 2009. delegated to me by the Administrator, and –7B27/3B1F turbofan engines with an LP (4) Use paragraphs 3.A. through 3.A. (7)(d) the Federal Aviation Administration turbine rear frame, P/N 340–166–254–0; 340– of the Accomplishment Instructions of CFM amends 14 CFR part 39 as follows: 166–255–0; 340–166–256–0; 340–166–257–0; International, S.A. SB No. CFM56–7B S/B 340–166–258–0; or 340–166–259–0, do the 72–0558, Revision 3, dated March 30, 2009, PART 39—AIRWORTHINESS following: to do the ECIs. DIRECTIVES (1) Perform an initial eddy current (5) Remove LP turbine rear frames from inspection (ECI) of the LP turbine rear frame service that have a total cumulated crack ■ 1. The authority citation for part 39 within 25,000 cycles-since-new (CSN) on the length at any location, of 0.43 inch (11 mm) continues to read as follows: LP turbine rear frame. or longer.

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Previous Credit Alternative Methods of Compliance Material Incorporated by Reference (i) Initial inspection of LP turbine rear (k) The Manager, Engine Certification (n) You must use the service information frames before the effective date of this AD Office, has the authority to approve specified in the following Table 1 to perform performed using the Accomplishment alternative methods of compliance for this the inspections required by this AD. The Instructions of CFM International, S.A. SB AD if requested using the procedures found Director of the Federal Register approved the incorporation by reference of the documents No. CFM56–7B S/B 72–0579, original issue, in 14 CFR 39.19. listed in the following Table 1 in accordance Revision 1, Revision 2, Revision 3, or Related Information with 5 U.S.C. 552(a) and 1 CFR part 51. Revision 4, satisfy the requirements of Contact CFM International, Technical (l) European Aviation Safety Agency AD paragraphs (f)(1), (f)(2), (g)(1), and (g)(2) of Publications Department, 1 Neumann Way, this AD. 2009–0009 (corrected), dated January 27, Cincinnati, OH 45215; telephone (513) 552– (j) Initial inspection of LP turbine rear 2009, also addresses the subject of this AD. 2800; fax (513) 552–2816, for a copy of this frames before the effective date of this AD (m) Contact Antonio Cancelliere, service information. You may review copies performed using the Accomplishment Aerospace Engineer, Engine Certification at the FAA, New England Region, 12 New Instructions of CFM International, S.A. SB Office, FAA, Engine and Propeller England Executive Park, Burlington, MA; or No. CFM56–7B S/B 72–0558, original issue, Directorate, 12 New England Executive Park, at the National Archives and Records Revision 1, or Revision 2, satisfy the Burlington, MA 01803; e-mail: Administration (NARA). For information on requirements of paragraphs (h)(1) and (h)(2) [email protected]; telephone (781) the availability of this material at NARA, call 202–741–6030, or go to: http:// of this AD. 238–7751; fax (781) 238–7199, for more information about this AD. www.archives.gov/federal-register/cfr/ibr- locations.html.

TABLE 1—INCORPORATION BY REFERENCE

Service Bulletin No. Page Revision Date

CFM56–7B S/B 72–0558 ...... All ...... 3 March 30, 2009. Total Pages: 22 CFM56–7B S/B 72–0579 ...... All ...... 5 March 30, 2009 Total Pages: 23

Issued in Burlington, Massachusetts, on overspeed of the Power Turbine and, part 39 to include an AD that would December 23, 2009. subsequently, an uncommanded engine in- apply to the specified products. That Francis A. Favara, flight shutdown. This could lead to an NPRM was published in the Federal Manager, Engine and Propeller Directorate, emergency autorotation landing on a single- Register on June 12, 2009 (74 FR 27946). engine helicopter. Aircraft Certification Service. That NPRM proposed to correct an [FR Doc. E9–31043 Filed 1–13–10; 8:45 am] We are issuing this AD to prevent the unsafe condition for the specified BILLING CODE 4910–13–P rupture of the reduction gear box products. The MCAI states: intermediate pinion, which could result Several events of rupture of the Arriel 1 in an overspeed of the power turbine, an Reduction Gear Box Intermediate Pinion DEPARTMENT OF TRANSPORTATION uncommanded in-flight shutdown of the have been reported in service. The ruptures engine, and an emergency autorotation have been determined to be originated at the Federal Aviation Administration landing. pinion teeth root due to increased vibratory DATES: This AD becomes effective stresses. This increase in vibratory stresses is 14 CFR Part 39 February 18, 2010. The Director of the mainly caused by increased teeth wear over engine life time. [Docket No. FAA–2009–0503; Directorate Federal Register approved the The rupture of the Reduction Gear Box Identifier 2009–NE–12–AD; Amendment 39– incorporation by reference of certain Intermediate Pinion may result in an 16172; AD 2010–02–01] publications listed in this AD as of overspeed of the Power Turbine and, RIN 2120–AA64 February 18, 2010. subsequently, an uncommanded engine in- ADDRESSES: The Docket Operations flight shutdown. This could lead to an Airworthiness Directives; Turbomeca office is located at Docket Management emergency autorotation landing on a single- S.A. Model Arriel 1B, 1D, and 1D1 Facility, U.S. Department of engine helicopter. Turboshaft Engines To reduce the level of vibratory stresses Transportation, 1200 New Jersey and improve tooth resistance, Turbome´ca AGENCY: Federal Aviation Avenue, SE., West Building Ground modification incorporates the addition of a Administration (FAA), DOT. Floor, Room W12–140, Washington, DC damping ring below the teeth and a shot 20590–0001. ACTION: Final rule. peening of the teeth roots. These FOR FURTHER INFORMATION CONTACT: modifications reduce the risk of incipient SUMMARY: We are adopting a new James Lawrence, Aerospace Engineer, fatigue cracks. airworthiness directive (AD) for the Engine Certification Office, FAA, Engine This AD requires the replacement of all products listed above. This AD results Reduction Gear Box Intermediate Pinions and Propeller Directorate, 12 New with Pinions incorporating Turbome´ca from mandatory continuing England Executive Park, Burlington, MA modification TU 232. airworthiness information (MCAI) 01803; e-mail: [email protected]; issued by an aviation authority of telephone (781) 238–7176; fax (781) You may obtain further information by another country to identify and correct 238–7199. examining the MCAI in the AD docket. an unsafe condition on an aviation SUPPLEMENTARY INFORMATION: product. The MCAI describes the unsafe Comments condition as: Discussion We gave the public the opportunity to The rupture of the Reduction Gear Box We issued a notice of proposed participate in developing this AD. We Intermediate Pinion may result in an rulemaking (NPRM) to amend 14 CFR received no comments on the NPRM or

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on the determination of the cost to the We prepared a regulatory evaluation (f) No later than 28 February 2011, replace public. of the estimated costs to comply with the Reduction Gear Box Intermediate Pinions this AD and placed it in the AD docket. (P/N 0 292 70 779 0) with Pinions Conclusion incorporating Turbome´ca modification TU Examining the AD Docket 232 in accordance with Turbome´ca We reviewed the available data and You may examine the AD docket on Mandatory Service Bulletin 292 72 0276 determined that air safety and the Version B dated 06 November 2008. public interest require adopting the AD the Internet at http:// as proposed. www.regulations.gov; or in person at the FAA AD Differences Docket Operations office between 9 a.m. (g) None. Costs of Compliance and 5 p.m., Monday through Friday, (h) Alternative Methods of Compliance Based on the service information, we except Federal holidays. The AD docket (AMOCs): The Manager, Engine Certification estimate that this AD would affect about contains this AD, the regulatory Office, FAA, has the authority to approve evaluation, any comments received, and AMOCs for this AD, if requested using the 13 products of U.S. registry. We also procedures found in 14 CFR 39.19. estimate that it would take about 6 other information. The street address for work-hours per product to comply with the Docket Operations office (telephone Related Information this AD. The average labor rate is $80 (800) 647–5527) is provided in the (i) Refer to MCAI EASA Airworthiness per work-hour. Required parts would ADDRESSES section. Comments will be Directive 2009–0002, dated January 7, 2009, cost about $1,272 per product. Based on available in the AD docket shortly after for related information. these figures, we estimate the cost of the receipt. (j) Contact James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, AD on U.S. operators to be $22,776. List of Subjects in 14 CFR Part 39 Engine and Propeller Directorate, 12 New Authority for This Rulemaking Air transportation, Aircraft, Aviation England Executive Park, Burlington, MA 01803; e-mail: [email protected]; Title 49 of the United States Code safety, Incorporation by reference, telephone (781) 238–7176; fax (781) 238– specifies the FAA’s authority to issue Safety. 7199, for more information about this AD. rules on aviation safety. Subtitle I, Adoption of the Amendment Material Incorporated by Reference section 106, describes the authority of ■ the FAA Administrator. ‘‘Subtitle VII: Accordingly, under the authority (k) You must use Turbomeca Mandatory delegated to me by the Administrator, Service Bulletin No. 292 72 0276, Version B, Aviation Programs,’’ describes in more dated November 6, 2008, to do the actions detail the scope of the Agency’s the FAA amends 14 CFR part 39 as follows: required by this AD, unless the AD specifies authority. otherwise. We are issuing this rulemaking under PART 39—AIRWORTHINESS (1) The Director of the Federal Register approved the incorporation by reference of the authority described in ‘‘Subtitle VII, DIRECTIVES Part A, Subpart III, Section 44701: this service information under 5 U.S.C. General requirements.’’ Under that ■ 1. The authority citation for part 39 552(a) and 1 CFR part 51. continues to read as follows: (2) For service information identified in section, Congress charges the FAA with this AD, contact Turbomeca, 40220 Tarnos, promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. France; telephone: 33 05 59 74 40 00; fax: 33 air commerce by prescribing regulations 05 59 74 45 15, or go to: http:// for practices, methods, and procedures § 39.13 [Amended] www.turbomeca-support.com. the Administrator finds necessary for ■ 2. The FAA amends § 39.13 by adding (3) You may review copies at the FAA, safety in air commerce. This regulation the following new AD: New England Region, 12 New England Executive Park, Burlington, MA; or at the is within the scope of that authority 2010–02–01 Turbomeca S.A.: Amendment because it addresses an unsafe condition National Archives and Records 39–16172: Docket No. FAA–2009–0503; Administration (NARA). For information on that is likely to exist or develop on Directorate Identifier 2009–NE–12–AD. the availability of this material at NARA, call products identified in this rulemaking Effective Date (202) 741–6030, or go to: http:// action. www.archives.gov/federal-register/cfr/ibr- (a) This airworthiness directive (AD) locations.html. Regulatory Findings becomes effective February 18, 2010. Issued in Burlington, Massachusetts, on We determined that this AD will not Affected ADs December 31, 2009. have federalism implications under (b) None. Peter A. White, Executive Order 13132. This AD will Applicability Assistant Manager, Engine and Propeller not have a substantial direct effect on Directorate, Aircraft Certification Service. the States, on the relationship between (c) This AD applies to Turbomeca Arriel [FR Doc. 2010–337 Filed 1–13–10; 8:45 am] the national government and the States, 1B, 1D, and 1D1 turboshaft engines. These engines are installed on, but not limited to, BILLING CODE 4910–13–P or on the distribution of power and Eurocopter France AS350B, AS350BA, responsibilities among the various AS350B1, and AS350B2 helicopters. levels of government. Reason For the reasons discussed above, I DEPARTMENT OF LABOR (d) This AD results from several events of certify this AD: Employee Benefits Security ‘‘ rupture of the Arriel 1 reduction gear box 1. Is not a significant regulatory intermediate pinions. We are issuing this AD Administration action’’ under Executive Order 12866; to prevent the rupture of the reduction gear 2. Is not a ‘‘significant rule’’ under the box intermediate pinion, which could result 29 CFR Part 2510 DOT Regulatory Policies and Procedures in an overspeed of the power turbine, an (44 FR 11034, February 26, 1979); and uncommanded in-flight shutdown of the RIN 1210–AB02 3. Will not have a significant engine, and an emergency autorotation landing. Definition of ‘‘Plan Assets’’— economic impact, positive or negative, Participant Contributions on a substantial number of small entities Actions and Compliance under the criteria of the Regulatory (e) Unless already done, do the following AGENCY: Employee Benefits Security Flexibility Act. actions. Administration, Department of Labor.

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ACTION: Final rule. are received or withheld by the beneficiaries to amend the participant employer. In 1996, the Department contribution regulation to establish a SUMMARY: This document contains a published in the Federal Register (61 safe harbor that would provide a higher final regulation that establishes a safe FR 41220, August 7, 1996), amendments degree of compliance certainty with harbor period during which amounts to the 1988 regulation modifying the respect to when an employer has made that an employer has received from outside limit beyond which participant timely deposits of participant employees or withheld from wages for contributions to a pension plan become contributions to employee benefit plans contribution to certain employee benefit plan assets. Under the 1996 with fewer than 100 participants. The plans will not constitute ‘‘plan assets’’ amendments, the outer limit for Department published a proposed safe for purposes of Title I of the Employee participant contributions to a pension harbor in the Federal Register (73 FR Retirement Income Security Act of 1974, plan was changed to the 15th business 11072) on February 29, 2008. Under the as amended (ERISA), and the related day of the month following the month proposal, employers with plans with prohibited transaction provisions of the in which participant contributions are fewer than 100 participants would be Internal Revenue Code. This regulation received by the employer (in the case of considered to have made a timely will enhance the clarity and certainty amounts that a participant or deposit to their plan under the for many employers as to when beneficiary pays to an employer) or the regulation if participant contributions participant contributions will be treated 15th business day of the month are deposited within 7 business days. In as contributed in a timely manner to following the month in which such response to the Department’s invitation employee benefit plans. This final amounts would otherwise have been for comments, the Department received regulation will affect the sponsors and payable to the participant in cash (in the 28 comments from a variety of parties, fiduciaries of contributory group welfare case of amounts withheld by an including plan sponsors and fiduciaries, and pension plans covered by ERISA, employer from a participant’s wages). plan service providers, financial including 401(k) plans, as well as the The general rule—providing that institutions, and employee benefit plan participants and beneficiaries covered amounts paid to or withheld by an industry representatives. These by such plans and recordkeepers, and employer become plan assets on the comment letters are available for review other service providers to such plans. earliest date on which they can under Public Comments on the Laws & DATES: This final rule is effective on reasonably be segregated from the Regulations page of the Department’s January 14, 2010. employer’s general assets—did not Employee Benefits Security FOR FURTHER INFORMATION CONTACT: change. The maximum time period Administration Web site at http:// Janet A. Walters, Office of Regulations applicable to welfare plans also did not www.dol.gov/ebsa. Set forth below is an and Interpretations, Employee Benefits change as a result of the 1996 overview of the final regulation, along Security Administration, U.S. amendments. with a discussion of the public Department of Labor, Washington, DC In the course of investigations of comments received on the proposal. 401(k) and other contributory pension 20210, (202) 693–8510. This is not a toll B. Overview of Final Rule and free number. plans and in discussions with representatives of employers, plan Comments SUPPLEMENTARY INFORMATION: administrators, consultants and others, For the reasons explained below, the A. Background it is commonly represented to the Department has decided to adopt a final Department that, while efforts have been regulation that, with the exception of a In 1988, the Department of Labor (the made to clarify the application of the few minor clarifying changes, is the Department) published a final rule (29 general rule (i.e., participant same as the proposal. The following is CFR 2510.3–102) in the Federal Register contributions become plan assets on the a paragraph by paragraph review of the (53 FR 17628, May 17, 1988), defining earliest date on which they can regulation and a summary of the when certain monies that a participant reasonably be segregated from the comments received with respect to each. pays to, or has withheld by, an employer’s general assets),2 many Paragraph (a)(2) of § 2510.3–102, like employer for contribution to an employers, as well as their advisers, the proposal, sets forth a safe harbor ‘‘ ’’ employee benefit plan are plan assets continue to be uncertain as to how soon under which participant contributions for purposes of Title I of the Employee they must forward these contributions to a pension or welfare benefit plan with Retirement Income Security Act of 1974, to the plan in order to avoid the fewer than 100 participants at the as amended (ERISA) and the related requirements associated with holding beginning of the plan year will be prohibited transaction provisions of the plan assets. At the same time, the treated as having been made to the plan 1 Internal Revenue Code (the Code). The Department devotes significant in accordance with the general rule (i.e., 1988 regulation provided that the assets enforcement resources to cases on the earliest date on which such of a plan included amounts (other than involving delinquent employee contributions can reasonably be union dues) that a participant or contributions and the vast majority of segregated from the employer’s general beneficiary pays to an employer, or applications under the Department’s assets) when contributions are amounts that a participant has withheld Voluntary Fiduciary Correction Program deposited with the plan no later than from his or her wages by an employer, involve delinquent employee the 7th business day following the day for contribution to a plan, as of the contribution violations.3 on which such amount is received by earliest date on which such For these reasons, the Department the employer (in the case of amounts contributions can reasonably be decided that it was in the interest of that a participant or beneficiary pays to segregated from the employer’s general plan sponsors and plan participants and an employer) or the 7th business day assets, but in no event to exceed 90 days following the day on which such from the date on which such amounts 2 See preamble to Final Rule, 61 FR 41220, 41223 amount would otherwise have been (August 7, 1996). See also Field Assistance Bulletin payable to the participant in cash (in the 1 While the rule effects the application of ERISA 2003–2 (May 7, 2003). case of amounts withheld by an and Code provisions, it has no implications for and 3 Since the inception of the Voluntary Fiduciary may not be relied upon to bar criminal prosecutions Correction Program in 2000, close to 90% of the employer from a participant’s wages). under 18 U.S.C. 664. See paragraph (a) of 29 CFR applications have involved delinquent participant As under the 1996 amendments, 2510.3–102. contribution violations. participant contributions will be

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considered deposited when placed in an participant contributions, such as that Other commenters describe problems account of the plan, without regard to described by the commenter, will that arise for small employers, whether the contributed amounts have necessarily result in compliance with particularly those using outside payroll been allocated to specific participants or the regulation or safe harbor will, in the firms to process payroll and make investments of such participants. view of the Department, depend on the contributions, such as Internet Paragraphs (b)(1), (b)(2) and (c) of particular facts and circumstances.4 problems, loss of power and incorrect § 2510.3–102 are being revised to One commenter requested that the reporting by a payroll company to the incorporate the appropriate cross Department clarify the application of plan’s financial institution. These references to ‘‘paragraph (a)(1)’’ instead the safe harbor rule to contributory commenters requested that these types of ‘‘paragraph (a)’’. welfare plans in light of the of special circumstances be addressed Scope of Safe Harbor Department’s guidance provided in by providing a longer safe harbor Technical Release 92–01. 57 FR 23272 period. Several commenters The final safe harbor, like the (June 2, 1992), 58 FR 45359 (Aug. 27, recommended that the 7-business day proposal, is available for both 1993). ERISA section 403(b) contains a safe harbor period be retained, noting participant contributions to pension number of exceptions to the trust that such period is an appropriate safe benefit plans and participant requirement for certain types of assets, harbor period for small plans. In contributions to welfare benefit plans. including assets which consist of attempting to define the appropriate Several commenters requested that the insurance contracts, and for certain period for a safe harbor, the Department Department clarify whether the types of plans. In addition, the reviewed data collected in the course of regulation applies to SIMPLE IRAs and Department has issued Technical its investigations of possible failures to salary reduction SEPs. The Release 92–01, which provides that, deposit participant contributions in a Department’s view is that elective with respect to certain welfare plans timely fashion. On the basis of these contributions to an employee benefit (e.g., associated with cafeteria plans), data, the Department concluded that plan, whether made pursuant to a salary the Department will not assert a adoption of a 7-business day safe harbor reduction agreement or otherwise, violation of the trust or certain other rule would allow most employers with constitute amounts paid to or withheld reporting requirements in any small plans to take advantage of the safe by an employer (i.e., participant enforcement proceeding, or assess a harbor and, thereby, benefit from the contributions) within the scope of civil penalty for certain reporting certainty of compliance afforded by the § 2510.3–102, without regard to the violations involving such plans solely proposed regulation. After careful treatment of such contributions under because of a failure to hold participant consideration of all the comments the Internal Revenue Code. See 61 FR contributions in trust. The Department concerning the length of the safe harbor 41220 (Aug. 7, 1996). Both the general rule and the optional safe harbor confirms that Technical Release 92–01 period, the Department has decided to provisions in paragraphs (a)(1) and is not affected by the final regulation retain the 7-business day safe harbor (a)(2) of § 2510.3–102, respectively, are contained in this document, and period for small plans. The Department applicable to participant contributions remains in effect until further notice. believes that the special circumstances and problems particular to small to any plan, including SIMPLE IRAs and Length of Safe Harbor Period salary reduction SEPs. However, the employers noted by commenters as A number of commenters requested Department notes that, pursuant to described above, will generally be that the Department increase the length § 2510.3–102(b)(2), the maximum period accommodated under the current facts of the safe harbor period. Several during which salary reduction elective and circumstances general rule. Several commenters requested that the safe contributions under a SIMPLE plan that commenters requested a longer safe involves SIMPLE IRAs may be treated as harbor period be 10 business days. harbor period for small plans due to the other than plan assets is 30 calendar Several others requested that it be 14 current systems of small plans involving days, the same number of days as the days. One commenter requested that the manual payroll systems, limited clerical period within which the employer is safe harbor period be 12 business days. staff, the amount of time needed to required to deposit withheld One commenter requested that small reconcile the plan contributions, and contributions under a SIMPLE plan that employers have until the 5th day of the the increased cost and workload for involves SIMPLE IRAs under section month following the month in which more frequent remittances. The general 408(p) of the Internal Revenue Code. amounts are withheld from pay as a safe rule—providing that amounts paid to or See 62 FR 62934 (Nov. 25, 1997). harbor period. One commenter withheld by an employer become plan One commenter suggested that, under requested that small employers have assets on the earliest date on which they the safe harbor and the general rule, until the 15th business day of the month can reasonably be segregated from the employers be permitted to pre-fund following the month in which amounts employer’s general assets—will also contributions. The commenter indicated are received or withheld by the accommodate these other timing issues that an employer may wish to deposit employer as a safe harbor period. These raised by commenters. commenters represented a variety of the participant contributions to the plan Deposit-by-Deposit Basis in advance of withholding those reasons that would cause small contributions, and expressed concern employers difficulty in meeting a One commenter asked whether a that the general rule and the safe harbor 7-business day safe harbor period. Some failure to meet the safe harbor during require that contributions be made commenters represented that small one payroll period will result in within a certain number of days after employers will be unable to meet the application of the general rule for the amount is withheld from pay. In 7-business day safe harbor period in determining when participant general, § 2510.3–102 is intended to circumstances of the business owner’s contributions are plan assets for an ensure that an employer deposits or staff person’s illness or vacation. entire plan year. The safe harbor is participant contributions, withheld by available on a deposit-by-deposit basis, 4 To the extent any instance of pre-funding might or paid to the employer, to the plan as be an extension of credit to the plan, PTE 80–26 such that a failure to satisfy the safe soon as practicable. As to whether in would apply if its terms and conditions are harbor for any deposit of participant any given instance ‘‘pre-funding’’ of satisfied. contribution amounts to a plan will not

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result in the unavailability of the safe with extending the safe harbor or any contributions become plan assets. To be harbor for any other deposit to the plan. variation thereof to large plans at this reasonable, a plan’s process for time. As a result, the Department has receiving participant contributions Optional Safe Harbor determined not to change the safe should take into account how quickly One commenter requested that the harbor provision to cover participant the participating employers can safe harbor nature of the proposal be contributions to a pension or welfare reasonably segregate and forward confirmed. Several commenters benefit plan with 100 or more contributions. The plan fiduciaries misunderstood the optional safe harbor participants. should also consider how costly to the nature of the proposal and objected to plan a more expeditious process would Multiemployer and Multiple Employer a mandatory requirement of 7 business be. These costs should be balanced Plans days for the deposit of participant against any additional income and contributions into small plans. In Several commenters argued that, in security the plan and plan participants response to these concerns, the the case of multiemployer and multiple would realize from a faster system. Department has added new paragraph employer plans, the regulation should Thus, the FAB describes the 2510.3–102(a)(2)(ii), clarifying that the base the safe harbor’s availability on the Department’s view that, in determining final safe harbor regulation is not the size of the employer, instead of the size when participant contributions can exclusive means by which employers of the plan. These commenters argued reasonably be segregated from the can discharge their obligation to deposit that small employers maintaining general assets of any given contributing participant contributions or loan multiemployer and multiple employer employer to a multiemployer defined repayments on the earliest date on plans should have the same certainty as contribution plan, the time frames which such contributions and payments an employer sponsoring its own plan. established in collective bargaining, can reasonably be segregated from the These commenters explained that small employer participation and similar employer’s general assets. The employers that participate in large agreements must be taken into account Department notes that, when an multiemployer and multiple employer to the extent such agreements represent employer fails to deposit participant plans face the same challenges as small the considered judgment of the plan’s contributions or loan repayments in employers sponsoring single employer trustees that such time frames reflect the accordance with the general rule (i.e., as plans, representing that these small appropriate balancing of the costs of soon as such contributions or payments employers also have payrolls that are transmitting, receiving and processing can reasonably be segregated from the independent, less sophisticated and such contributions relative to the employer’s general assets), losses and many are manual. Several commenters protections provided to participants, interest on such late contributions must also argued that the safe harbor should provided that any such time frames do be calculated from the actual date on be expanded to cover all participating not extend beyond the maximum period which such contributions and/or employers in multiemployer and prescribed in § 2510.3–102(b). The payments could reasonably have been multiple employer plans. These Department believes that the guidance segregated from the employer’s general commenters argued that having a safe in this FAB provides clarity and assets, not the end of the safe harbor harbor only for small employers flexibility for contributing employers to period. participating in large multiemployer multiemployer plans regarding the and multiple employer plans would Large Plans application of the participant create undue administrative burden and contribution requirements. For this The Department specifically invited cost. As described by these commenters, reason, the Department has decided to comment on whether the proposed safe employers remit participant retain the safe harbor rule for small harbor should extend to contributions to contributions to multiemployer plans in plans without modification from the plans with 100 or more participants. In accordance with the collective proposal for contributing employers to this regard, the Department requested bargaining agreements and other plan multiemployer or multiple employer that commenters provide information documents. With regard to the plans. and data sufficient to evaluate the foregoing, the Department notes that it current contribution practices of such addressed the application of participant Examples employers and to conclude that it is a contribution requirements to One commenter requested that the net benefit to such employers and multiemployer defined contribution Department include an example in the participants to have a safe harbor. The plans in Field Assistance Bulletin (FAB) regulation regarding a situation Department also requested comments on 2003–2 (May 7, 2003). As described in involving participant contributions the need for a safe harbor, and the the FAB, the provisions of the made to a plan outside the safe harbor corresponding size of the plans for participant contribution regulation period. Under the final safe harbor rule, which there appears to be a need for apply in the same way to multiemployer like the proposal, the general rule— such a safe harbor. Several commenters plans that the provisions apply to single providing that amounts paid to or requested that the safe harbor rule be employer plans and that, as is the case withheld by an employer become plan made available to larger plans, with single employer plans, if a assets on the earliest date on which they explaining that larger plans have issues multiemployer plan maintains a can reasonably be segregated from the of reconciliation and multiple reasonable process for the expeditious employer’s general assets—did not geographic sites with different payroll and cost-effective receipt of change. Given the facts and periods. Some of these commenters contributions, this process may be taken circumstances general rule, the argued that large employers would not into account in determining when Department has determined not to add slow down remittances as a result of a participant contributions can reasonably an example concerning circumstances safe harbor provision. After careful be segregated from the employer’s that require an employer to deposit consideration of the comments, the general assets. To the extent that a participant contributions beyond the Department does not believe that it has collective bargaining describes such a safe harbor period. Another commenter a sufficient record on which to evaluate process, the collective bargaining requested that the Department retain an current practices and assess the costs, agreement should be considered in example from the 1996 amendments in benefits, risks to participants associated determining when participant which an employer deposits

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contributions into a pension plan after and beneficiaries earlier than might Executive Order 12866 Statement the 15th business day maximum period otherwise occur with a deferred Under Executive Order, the limit. The Department believes that the effective date. Thus, the Department Department must determine whether a examples in the proposal effectively retained the effective date of the final regulatory action is ‘‘significant’’ ’ and illustrate the general rule and the regulation. therefore subject to the requirements of application of the safe harbor. As a C. Regulatory Impact Analysis the Executive Order and subject to result, the Department has decided to review by the Office of Management and retain the examples in the proposal Summary Budget (OMB). Exec. Order No. 12866, without modification. The safe harbor will provide 58 FR 51735 (Oct. 4, 1993). Under Participant Loan Repayments employers with increased certainty that section 3(f) of the Executive Order, a their remittance practices, to the extent ‘‘significant regulatory action’’ ’ is an The Department proposed to amend that they meet the safe harbor time action that is likely to result in a rule paragraph (a)(1) of § 2510.3–102 to limits, will be deemed to comply with (1) having an annual effect on the extend the application of the regulation the regulatory requirement that economy of $100 million or more, or to amounts paid by a participant or participant contributions be forwarded adversely and materially affecting a beneficiary or withheld by an employer to the plan on the earliest date on which sector of the economy, productivity, from a participant’s wages for purposes they can reasonably be segregated from competition, jobs, the environment, of repaying a participant’s loan the employer’s general assets. This public health or safety, or State, local or (regardless of plan size). See Advisory increased certainty will produce Tribal governments or communities Opinion 2002–02A (May 17, 2002) 5. benefits to employers, participants, and (also referred to as ‘‘economically The proposal also served to extend the beneficiaries by reducing disputes over significant’’); (2) creating serious availability of the 7-business day safe compliance and allowing easier inconsistency or otherwise interfering harbor to loan repayments to plans with oversight of remittance practices. In with an action taken or planned by fewer than 100 participants. The addition, the tendency to conform to the another agency; (3) materially altering Department received no comments on safe harbor time limit may serve to the budgetary impacts of entitlement these provisions and is adopting the reduce the existing variations in grants, user fees, or loan programs or the provisions without change. remittance times, providing increased rights and obligations of recipients Effective Date certainty for employers and other plan thereof; or (4) raising novel legal or Under the proposal, the Department sponsors and participants. In the case of policy issues arising out of legal contemplated making the safe harbor employers that expedite their remittance mandates, the President’s priorities, or and the proposed amendments to practices to take advantage of the safe the principles set forth in the Executive paragraph (a)(1) and (f)(1) of § 2510.3– harbor, plan participants may derive an Order. It has been determined that this 102 effective on the date of publication additional benefit in the form of action is significant under section 3(f)(4) of the final regulation in the Federal increased investment earnings. The because it raises novel legal or policy Register. Two commenters suggested Department estimates that accelerated issues arising from the President’s that the effective date of the regulation remittances could result in $43.7 priorities. Accordingly, the Department should be delayed for at least 6 months million in additional income to be has undertaken an analysis of the costs following its publication to provide credited annually to participant and benefits of the final regulation. sufficient time for plan sponsors to accounts under the plans if no OMB has reviewed this regulatory evaluate additional responsibilities and employers choose to delay remittances action. options. Since the regulation provides in response to the safe harbor and $19 This final rule will establish a safe an optional safe harbor rule as discussed million annually even if all eligible harbor rule for employers’ timely above, the Department has determined employers were to delay remittances to remittance of participant contributions not to change the effective date of the the full duration of the safe harbor. to employee benefit plans. The safe Costs attendant to the safe harbor safe harbor provision. The safe harbor harbor is available only to employer arise principally from one-time start-up will provide a means for certain remittances of participant contributions costs to alter remittance practices to employers to assure themselves that to plans with fewer than 100 conform to the safe harbor and from any they are not holding plan assets, participants. Under the final rule, additional on-going administrative costs without having to determine that employers that remit participant attendant to quicker, and possibly more participant contributions were contributions within 7 business days frequent, transmissions of participant forwarded to the plan at the earliest after the date on which received or contributions from employers to plans. reasonable date. By providing such withheld would be deemed to have The Department believes that the costs assurance, the safe harbor will grant or complied with the requirement of 29 likely to arise from either source will be recognize an exemption or relieve a CFR 2510.3–102 to treat participant small and that the benefits of this restriction within the meaning of 5 contributions as plan assets ‘‘as of the regulation will justify its costs.6 earliest date on which such U.S.C. 553(d)(1). Moreover, the safe The data, methodology, and harbor will encourage certain employers contributions can reasonably be assumptions used in developing these segregated from the employer’s general to take immediate steps to review their estimates are more fully described systems and, if necessary, shorten the assets.’’ below in connection with the This rule is likely to encourage some period within which participant Department’s analyses under Executive eligible employers whose current contributions are forwarded to the plan Order 12866 and the Regulatory remittance practices involve holding in order to take advantage of the safe Flexibility Act (RFA). participant contributions for longer than harbor and, thereby, extend the benefit 7 business days to change their of earlier contributions to participants 6 A key factor limiting the cost of this regulation remittance practices to conform to the is that it requires no action of the part of any 5 This advisory opinion may be accessed at http:// employer, plan, or participant; it creates an 7-business day time limit. Because the www.dol.gov/ebsa/regs/aos/ao2002-02a.html (May incentive for employers to remit participant rule is not mandatory and changes in 17, 2002). contributions on more regular schedules. remittance practices are likely to entail

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some cost to employers, only those plans in general, and projected the that group, if any, would elect to incur employers that believe they will benefit potential impact of this safe harbor rule. the expense and risk of negative from the protection of the safe harbor The Department considered both the participant reaction that might arise will elect to take advantage of the safe extent to which data on remittance from slowing down their remittances to harbor. records of these plans reveal a take full advantage of the safe harbor In order to analyze the potential preference or standard practice time period, especially because the economic impact of this rule, the regarding timing, and the extent to amount of the potential income transfer Department examined data on the which changes in the length of time on a per-plan basis is very small.11 The remittance of participant contributions between withholding and receipt by the potential consequences of reliance on to a representative sample of plan might result in an increase (or the safe harbor for earnings on contributory single employer defined decrease) in investment income to participant contributions are further contribution pension plans collected participants’ accounts. described in the Benefits section below. from EBSA’s Employee Contributions The sample data indicate that Costs Project 2004 Baseline Project (‘‘ECP’’).7 employers’ remittance patterns for Based on data from this project and participant contributions to plans vary On the basis of information from from Form 5500 filings for the 2004 plan substantially, both across payroll EBSA’s ECP,12 the Department believes year, which is the year of this one-time periods of an individual employer and that an estimated 21% of eligible single project, the Department estimates that across employers. Based on analysis of employer defined contribution plans the safe harbor will be available to an these data, the Department has (approximately 64,000 plans) currently estimated 311,000 single employer concluded that most employers receive all participant contributions defined contribution plans with fewer sponsoring plans with fewer than 100 within 7 or fewer business days. The than 100 participants.8 These plans participants will not find it difficult to employers that sponsor such plans receive approximately 18% of take advantage of the safe harbor.10 would not have to modify their current participant contributions made to all Twenty-one percent of all plans with systems and, as a result, would incur no contributory single employer defined fewer than 100 participants for which additional costs to obtain the contribution plans.9 data was obtained had remittance times compliance certainty available under Using these data, the Department within 7 business days for all pay the safe harbor provisions. On the other analyzed the current remittance periods; an additional 69% remitted hand, 10% of the eligible plans practices of the employers sponsoring participant contributions for at least (approximately 32,000 plans) these plans, extrapolated the results to some of the employer’s payroll periods consistently receive participant characterize the remittance practices of within 7 business days. Based on these contributions later than 7 business days data, the Department has concluded that from the date of the employer’s receipt 7 This project was undertaken by the Department a large majority of contributory plans or withholding. The remaining 69% of in order to develop a better understanding of the eligible plans in the ECP Universe current employer practices regarding contributory could comply with a 7-business day safe individual account pension plans. The project was harbor. Moreover, a substantial portion defined in footnote 6 above based on a representative sample of 487 of contributory plans would reduce the (approximately 215,000 plans) are contributory, single employer defined contribution estimated to receive participant plans. Plans having these characteristics will be time taken to make at least some referred to as the ‘‘ECP Universe.’’ In 2004, the deposits. The Department recognizes contributions within 7 business days for Department collected detailed data on the that to take advantage of the safe harbor some, but not all, of their payroll dates, remittance practices of the employers sponsoring for all remittances, many of the firms and the Department assumes that these the sample plans. The collected data covered the employers would have to make only 12-month period preceding the date in 2004 on that currently remit employee which EBSA interviewed the employer-sponsor and contributions within 7 business days for minor modifications in order to take included, for example, the exact dates on which some, but not all, pay periods would advantage of the safe harbor for all wages were withheld from employees and the exact have to change their remittance participant contributions. dates on which participant contributions were In deciding whether to rely on the deposited in the plan’s accounts. For purposes of schedule from monthly remittances to this analysis, the sample data has been weighted to remittances following each weekly or safe harbor, employers will weigh the the 2004 Form 5500 universe of contributory, single biweekly pay period. benefits of compliance certainty against employer defined contribution plans. The Department anticipates that a the cost of changes needed to make 8 While the safe harbor is available to quicker and possibly more frequent contributory defined benefit plans, contributory substantial number of employers that multiemployer defined contribution plans, and currently take longer than 7 business deposits. Because the cost of modifying contributory welfare benefit plans, the Department days to remit participant contributions remittance practices or systems will expects that a small number of such plans will take will speed up their remittances in order depend, to some extent, on the length of advantage of the safe harbor. SIMPLE IRAs and time currently taken to make SARSEPs (‘‘SIMPLE/SARSEPs’’) are the major type to take advantage of the safe harbor. At of plans eligible for the safe harbor that are not the same time, it is possible that some remittances, the Department believes it included in the ECP Universe, because they are employers that currently remit is reasonable to assume that those exempt from the Form 5500 filing requirement. participant contributions more quickly employers currently transmitting some Although complete and reliable data on the number of the participant contributions within of SIMPLE/SARSEPs and the amount of participant than the safe harbor rule will slow their contributions to them is not available, based on data remittances due to the safe harbor. Such from sources including the IRS (http://www.irs.gov/ behavior might benefit the remitting 11 The employers having the most to gain from pub/irs-soi/04inretirebul.pdf) and the Investment delaying remittances to the full extent allowed Company Institute (Table A14 from http:// employers by reducing their under the safe harbor would be those who currently www.ici.org/stats/res/retmrkt_update.pdf), the administrative costs and by increasing remit employee contributions most promptly. For Department estimates that plans included in the the time they are holding the example, an employer that currently remits ECP Universe may comprise about half of all plans remittances. However, the Department contributions on the day they are received or eligible for the safe harbor and hold about 79% of withheld and responds to the safe harbor by all participant contributions to eligible plans. The believes that only a small fraction of delaying remittances to the 7-business day safe Department, therefore, believes that the ECP harbor limit would gain use of the funds for 7 provides highly meaningful data for estimating 10 These data indicate that 90% of plans with business days. At an annual rate of 8%, the value potential impacts. fewer than 100 participants currently receive at of the float gain would be less than one-quarter of 9 This percentage is based on an EBSA tabulation least some participant contributions within 7 one percent of employee contributions. of its 2004 Form 5500 research file. business days after withholding. 12 See fn.6, supra.

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an 8- to 14-day period may find it less knowledge about how employers will unlikely that a significant fraction of expensive to modify their practices to react to a regulatory safe harbor renders employers would slow down take advantage of the safe harbor than these estimates uncertain. If, for remittances for the sole purpose of employers currently operating under illustration, the safe harbor results in a taking advantage of the minor income remittance practices or systems with 7-business day remittance of all transfer resulting from retaining longer delays. The cost to the former remittances that are currently taking contributions for the full safe harbor group of employers to shorten the more than 7 business days, then the period.17 remittance period to conform to the safe regulatory safe harbor would result in Alternatives Considered harbor may be modest or negligible. an estimated additional $34.5 million in However, the Department has no investment earnings 14 for participants The Department’s consideration of current, reliable data concerning the in the ECP Universe each year and $43.7 alternatives primarily focused on cost of required changes relating to million for participants in all eligible striking the right balance between a time shortening the remittance period for plans.15 These potential gains would be frame that is not so short as to foreclose participant contributions and therefore reduced by any losses that would occur any meaningful number of plans from did not attempt to estimate that cost.13 due to any slow-down in response to the taking advantage of the safe harbor and Because conformance to the safe harbor safe harbor by employers with currently a time frame that is not so long as to is voluntary, the Department believes quicker remittance times.16 The create financial incentives for employers that the transition cost for employers Department, however, believes it to hold participant contributions longer electing to conform will be offset by the than necessary, taking into account elimination of the current cost 14 The Department has assumed an average current practices. Among others, the attributable to existing uncertainty annual return of 8.3% for pension plan assets. This Department considered the following rate is an estimate of the long-term rate of return two alternative time periods: (1) A about how to meet the ‘‘earliest date’’ on defined contribution plan assets implicit in the standard of 29 CFR 2510.3–102. Those flow of funds account of the Federal Reserve. One 5-business day safe harbor, and (2) a employers that already conform will not commenter expressed concern that the 10-business day safe harbor. After Department’s use of a long-term rate of return on reviewing the available data, however, incur any costs, but will benefit from defined contribution plan assets was inappropriate, the safe harbor. because it overestimates the short-term rates at the Department rejected these which firms would actually invest participant alternatives in favor of the 7-business Benefits contributions before their remittance to the plan. day safe harbor for the reasons The rule will produce benefits for The Department chose a long-term rate to the value discussed below. the gains or losses that participants would both participants and employers in the experience, because an acceleration or delay of plan The 7-business day safe harbor is form of increased certainty regarding remittances affects participants’ and beneficiaries’ likely to encourage eligible employers timely remittance of participant long-term investments, and, therefore, has not whose remittance practices involve contributions to plans. This increased modified its assumption. holding participant contributions for 15 The estimate of $43.7 million is derived by longer than 7 business days to change certainty will decrease costs for both dividing $34.5 million by 79%, the percentage of employers and participants by reducing total contributions to eligible plans estimated to be their remittance practices to conform to the need to determine, on an made to plans in the ECP Universe. In this absence the 7-business day safe harbor time individualized basis in light of of data on remittance practices for plans not in the limit. Currently, only 12 percent of the ECP Universe, the calculation assumes that their particular circumstances, whether practices are similar to those for eligible plans in eligible single employer defined timely remittances have been made. the ECP Universe. contribution plans consistently receive Employers that conform to the safe 16 As described above in footnote 7, SIMPLE/ remittances within 5 business days, harbor will also benefit by obviating the SARSEPs were not included in the ECP Universe compared to the 21 percent that because such plans are exempt from the Form 5500 consistently receive remittances within need to determine and monitor how filing requirement. In the absence of data on the quickly participant contributions can be remittance practices of sponsors of such plans, the 7 business days. Although a 5-business segregated from their general assets. Department examined what is known about these day safe harbor could provide higher They also will face a reduced risk of plans to make assumptions regarding their potential gains (an estimated $40.5 remittance practices. SIMPLE/SARSEPs average 4– challenges to their particular remittance 5 participants compared to 30 participants for plans million for plans in the ECP Universe) practices from participants and the in the ECP Universe. The data collected through the and lower potential losses (an estimated Department. ECP showed a strong tendency for smaller plans to $12.2 million for plans in the ECP In the case of plan sponsors that elect receive employee contributions more slowly than Universe) to participants if employers larger plans. Although factors other than plan size to expedite the deposit of participant clearly influence remittance behavior, based solely choose to conform to the safe harbor, the contributions to take advantage of the on this factor, the Department expects that SIMPLE/ shorter remittance period would likely safe harbor, contributions will be SARSEPs would receive employee contributions, on make it unattractive to many employers, credited to the investment accounts average, more slowly than plans included in the because the shorter safe harbor would ECP Universe. Therefore, a higher percentage of earlier than previously and will be able these plans would have an incentive to accelerate increase the disparity from current to accrue investment earnings sooner. remittances to qualify for the safe harbor and lower practices. Any employer anticipating The Department has calculated these percentages of these plans would have an incentive large costs of compliance with the safe potential investment gains, but lack of to delay remittances to capture float gains than harbor might not be convinced that its plans in the ECP Universe. As a result, the Department believes that the risk that participants 13 While several commenters questioned the in SIMPLE/SARSEPs would suffer net investment 17 If all employers that currently remit Department’s assumption that employers currently losses as a direct result of changes in remittance contributions in fewer than 7 days were to slow meeting the safe harbor in some, but not all, pay practices made in response to this regulation is down their remittance times to 7 days, participants periods would have to make only minor even less than for plans in the ECP Universe. in plans in the ECP Universe might experience modifications in order to come fully within the safe Moreover, if the expected difference in remittance transfer losses of as much as $19.5 million harbor time limit, no commenter provided any behavior does exist, then sponsors of SIMPLE/ annually, but would nonetheless likely experience information or data with which to estimate such SARSEPs would have to implement greater changes an aggregate net gain of $14 million. Assuming that costs in response to the Department’s request for to qualify for the safe harbor, on average, than plans remittance patterns for eligible plans not in the ECP information and comments on this issue in the in the ECP Universe. The Department, therefore, Universe resemble patterns for those in the ECP proposed rule. For this reason, and because no expects that smaller percentages of these employers Universe, the Department estimates potential employer is under any obligation to change its would opt to change their remittance practices in transfer losses for participants in all eligible plans remittance practices as a result of the final rule, the order to qualify for the safe harbor due to of $24.7 million and aggregate net gains of $19 Department did not modify its assumption. prohibitive costs. million.

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benefits would be sufficient to justify Taking into account the potential contained in this final rule does not changing its remittance practices. If, as costs and benefits presented by the change the extension procedure or add a result, too few employers adopt the various alternative safe harbors, the any additional information collection safe harbor, the regulation might fail to Department believes that the 7-business requirements, and, accordingly, the produce the intended benefit that would day safe harbor would best balance the Department does not intend to submit flow from the certainty of uniform current practices of employers and the this final rule to OMB for review under remittance practices on which potential costs to them of change, as the PRA. employers and participants can rely. well as the value to participants of Regulatory Flexibility Act The 10-business day safe harbor, in encouraging quicker transmission of contrast, was considered to represent contributions. As explained earlier, the The Regulatory Flexibility Act (5 little compliance burden, since available data indicate that employers U.S.C. 601 et seq.) (RFA) imposes currently 29 percent of eligible single sponsoring plans with fewer than 100 certain requirements with respect to employer defined contribution plans participants are generally able to Federal rules that are subject to the receive remittances consistently within transmit participant contributions notice and comment requirements of 10 business days and 94 percent receive within 7 business days of withholding section 553(b) of the Administrative remittances that quickly for at least or receipt. Furthermore, the impact of a Procedure Act (5 U.S.C. 551 et seq.) and some pay periods. However, because a 7-business day safe harbor is anticipated are likely to have a significant economic large proportion of eligible plans to be generally favorable to participants impact on a substantial number of small currently receive some or all participant and to result in aggregate net gains to entities. Unless an agency certifies that contributions more quickly, a safe their accounts, even in the unlikely a final rule is not likely to have a harbor of 10 business days would entail event that all employers that currently significant economic impact on a some risk of producing a net aggregate remit contributions more quickly than 7 substantial number of small entities, 5 loss of investment income to participant business days were to slow down their U.S.C. 604 requires that the agency accounts as compared with current remittances to the maximum duration of present a regulatory flexibility analysis practice.18 the safe harbor. at the time of the publication of the As part of the ECP, EBSA Paperwork Reduction Act notice of final rulemaking describing the investigators also made judgments as to impact of the rule on small entities. reasonable periods for each remittance. The Department of Labor, as part of its Small entities include small businesses, These data show that while remittance continuing effort to reduce paperwork organizations and governmental and respondent burden, conducts a within 5 business days was consistently jurisdictions. preclearance consultation program to reasonable for 48% of eligible plans, For purposes of analysis under the provide the general public and Federal that percentage increased to 61% by RFA, the Employee Benefits Security agencies with an opportunity to extending the reasonable period to 7 Administration (EBSA) continues to comment on proposed and continuing business days. Thus, the two-day longer consider a small entity to be an collections of information in accordance reasonable period also has the employee benefit plan with fewer than with the Paperwork Reduction Act of advantage of being consistently 100 participants.20 The basis of this 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). reasonable for a clear majority of eligible definition is found in section 104(a)(2) This helps to ensure that the public can plans. A further extension of the safe of ERISA, which permits the Secretary clearly understand the Department’s of Labor to prescribe simplified annual harbor to 10 business days would collection instructions and provide the reports for pension plans that cover further increase (to 81%) the percentage requested information in the desired fewer than 100 participants. Under of plans for which the safe harbor is format and that the Department section 104(a)(3), the Secretary may also consistently reasonable, but was not minimizes the public’s reporting burden provide for exemptions or simplified chosen because it would risk producing (in both time and financial resources) annual reporting and disclosure for net investment losses for participants if and can properly assess the impact of its welfare benefit plans. Pursuant to the employers were to delay remittances to collection requirements. the full extent permitted under the safe On August 7, 1996 (61 FR 41220), the authority of section 104(a)(3), the harbor.19 Department published in the Federal Department has previously issued at 29 Register an amendment to the CFR 2520.104–20, 2520.104–21, 18 If all currently faster remittances were delayed Regulation Relating to a Definition of 2520.104–41, 2520.104–46 and until the tenth business day, annual investment 2520.104b–10 certain simplified earnings credited to participant accounts could be ‘‘Plan Assets’’—Participant reduced by as much as $32.3 million. Accelerating Contributions (29 CFR 2510.3–102). reporting provisions and limited all currently slower remittances to the tenth This amendment created a procedure exemptions from reporting and business day would increase such earnings by $27.4 through which an employer could disclosure requirements for small plans, million resulting in an aggregate annual loss of $4.9 extend the maximum period for including unfunded or insured welfare million. plans covering fewer than 100 19 EBSA estimates that if the safe harbor were set depositing participant contributions by at 10 business days, then potential losses to an additional 10 business days with participants and satisfying certain other participants of $32 million would exceed potential respect to participant contributions for a requirements. gains of $27 million. Some commenters expressed single month. OMB approved the Further, while some large employers the opinion that employers will not delay may have small plans, in general small remittances in response to the safe harbor, and that paperwork requirements arising from the Department could therefore safely establish a the amendment under OMB control employers maintain most small plans. safe harbor period with a duration of longer than number 1210–0100. The current Thus, EBSA believes that assessing the seven days without risking net investment losses for amendment of 29 CFR 2510.3–102 impact of this rule on small plans is an participants. The Department has acknowledged appropriate substitute for evaluating the uncertainty regarding the extent to which employers will accelerate or delay remittances in which potential gains exceed potential losses at effect on small entities. The definition response to the safe harbor, and assumes neither least provides assurance that participants will not that remittances will be maximally delayed as experience net losses as long as the extent to which 20 The Department consulted with the Small assumed in the loss calculation, nor maximally employers delay remittances in response to the safe Business Administration in making this accelerated as assumed in the gain calculation, but harbor does not exceed the extent to which they determination as required by 5 U.S.C. 601(3) and 13 recognizes that selection of a safe harbor period for accelerate remittances. CFR 121.903(c).

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of small entity considered appropriate would not have federalism implications the earliest date on which such for this purpose differs, however, from because it has no substantial direct contributions or repayments can a definition of small business that is effect on the States, on the relationship reasonably be segregated from the based on size standards promulgated by between the national government and employer’s general assets. the Small Business Administration the States, or on the distribution of (2) Safe harbor. (i) For purposes of (SBA) (13 CFR 121.201) pursuant to the power and responsibilities among the paragraph (a)(1) of this section, in the Small Business Act (15 U.S.C. 631 et various levels of government. Section case of a plan with fewer than 100 seq.). EBSA requested comments on the 514 of ERISA provides, with certain participants at the beginning of the plan appropriateness of the size standard exceptions specifically enumerated, that year, any amount deposited with such used in evaluating the impact of the the provisions of Titles I and IV of plan not later than the 7th business day proposed rule on small entities in the ERISA supersede any and all laws of the following the day on which such proposal, but no comments were States as they relate to any employee amount is received by the employer (in received. benefit plan covered under ERISA. The the case of amounts that a participant or EBSA hereby certifies that the final requirements implemented in this final beneficiary pays to an employer), or the rule will not have a significant rule do not alter the fundamental 7th business day following the day on economic impact on a substantial provisions of the statute with respect to which such amount would otherwise number of small entities. As explained employee benefit plans, and as such have been payable to the participant in above, the provision being added to the would have no implications for the cash (in the case of amounts withheld regulation is a safe harbor, compliance States or the relationship or distribution by an employer from a participant’s with which is wholly voluntary on the of power between the national wages), shall be deemed to be part of the employer. Because the rule government and the States. contributed or repaid to such plan on creates a safe harbor, rather than a the earliest date on which such mandatory rule, it is unlikely that any List of Subjects in 29 CFR Part 2510 contributions or participant loan employer will elect to take advantage of Employee benefit plans, Employee repayments can reasonably be the safe harbor if the employer Retirement Income Security Act, segregated from the employer’s general concludes that the benefits of complying Pensions, Plan assets. assets. with the safe harbor time limit do not ■ For the reasons set forth in the (ii) This paragraph (a)(2) sets forth an exceed the costs of such compliance. preamble, the Department amends optional alternative method of Therefore, the Department believes that Chapter XXV of Title 29 of the Code of compliance with the rule set forth in most of these small plans will elect to Federal Regulations as follows: paragraph (a)(1) of this section. This take advantage of the safe harbor, paragraph (a)(2) does not establish the provided that doing so does not PART 2510—DEFINITION OF TERMS exclusive means by which participant significantly increase their costs or that USED IN SUBCHAPTERS C, D, E, F, contribution or participant loan any cost increase is offset by reductions AND G OF THIS CHAPTER repayment amounts shall be considered in other administrative costs attendant to be contributed or repaid to a plan by ■ 1. The authority citation for part 2510 to compliance uncertainty. the earliest date on which such continues to read as follows: contributions or repayments can Unfunded Mandates Reform Act Authority: 29 U.S.C. 1002(2), 1002(21), reasonably be segregated from the Pursuant to provisions of the 1002(37), 1002(38), 1002(40), 1031, and 1135; employer’s general assets. Unfunded Mandates Reform Act of 1995 Secretary of Labor’s Order 1–2003, 68 FR (b) Maximum time period for pension (Pub. L. 104–4), this rule does not 5374; Sec. 2510.3–101 also issued under sec. benefit plans. (1) Except as provided in include any Federal mandate that may 102 of Reorganization Plan No. 4 of 1978, 43 paragraph (b)(2) of this section, with FR 47713, 3 CFR, 1978 Comp., p. 332 and result in expenditures by State, local, or respect to an employee pension benefit E.O. 12108, 44 FR 1065, 3 CFR, 1978 Comp., plan as defined in section 3(2) of ERISA, Tribal governments, or the private p. 275, and 29 U.S.C. 1135 note. Sec. 2510.3– sector, which may impose an annual 102 also issued under sec. 102 of in no event shall the date determined burden of $100 million or more. Reorganization Plan No. 4 of 1978, 43 FR pursuant to paragraph (a)(1) of this 47713, 3 CFR, 1978 Comp., p. 332 and E.O. section occur later than the 15th Congressional Review Act 12108, 44 FR 1065, 3 CFR, 1978 Comp., p. business day of the month following the This notice of final rulemaking is 275. Sec. 2510.3–38 is also issued under sec. month in which the participant subject to the Congressional Review Act 1, Pub. L. 105–72, 111 Stat. 1457. contribution or participant loan provisions of the Small Business ■ 2. In § 2510.3–102, revise paragraphs repayment amounts are received by the Regulatory Enforcement Fairness Act of (a), (b), (c) and (f) to read as follows: employer (in the case of amounts that a 1996 (5 U.S.C. 801 et seq.) and therefore participant or beneficiary pays to an has been transmitted to the Congress § 2510.3–102 Definition of ‘‘plan assets’’— employer) or the 15th business day of and the Comptroller General for review. participant contributions. the month following the month in (a)(1) General rule. For purposes of which such amounts would otherwise Federalism Statement subtitle A and parts 1 and 4 of subtitle have been payable to the participant in Executive Order 13132 (August 4, B of title I of ERISA and section 4975 cash (in the case of amounts withheld 1999) outlines fundamental principles of the Internal Revenue Code only (but by an employer from a participant’s of federalism and requires the without any implication for and may wages). adherence to specific criteria by Federal not be relied upon to bar criminal (2) With respect to a SIMPLE plan that agencies in the process of their prosecutions under 18 U.S.C. 664), the involves SIMPLE IRAs (i.e., Simple formulation and implementation of assets of the plan include amounts Retirement Accounts, as described in policies that have substantial direct (other than union dues) that a section 408(p) of the Internal Revenue effects on the States, the relationship participant or beneficiary pays to an Code), in no event shall the date between the national government and employer, or amounts that a participant determined pursuant to paragraph (a)(1) the States, or on the distribution of has withheld from his wages by an of this section occur later than the 30th power and responsibilities among the employer, for contribution or repayment calendar day following the month in various levels of government. This rule of a participant loan to the plan, as of which the participant contribution

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amounts would otherwise have been deductions. The payroll processing DEPARTMENT OF HOMELAND payable to the participant in cash. service forwards the employee payroll SECURITY (c) Maximum time period for welfare deduction data to B on the date of benefit plans. With respect to an issuance of paychecks. B checks this Coast Guard employee welfare benefit plan as data for accuracy and transmits this data defined in section 3(1) of ERISA, in no along with the employee 401(k) deferral 33 CFR Part 165 event shall the date determined funds to the plan’s investment firm [Docket No. USCG–2009–1073] pursuant to paragraph (a)(1) of this within 3 business days. The plan’s RIN 1625–AA00 section occur later than 90 days from investment firm deposits the employee the date on which the participant 401(k) deferral funds into the plan on Safety Zone; Todd Pacific Shipyards contribution amounts are received by the day received from B. The assets of Vessel Launch, West Duwamish the employer (in the case of amounts B’s 401(k) plan would include the Waterway, Seattle, WA that a participant or beneficiary pays to participant contributions no later than 3 an employer) or the date on which such AGENCY: business days after the issuance of Coast Guard, DHS. amounts would otherwise have been ACTION: Temporary final rule. payable to the participant in cash (in the paychecks. case of amounts withheld by an (3) Employer C sponsors a self- SUMMARY: The Coast Guard is employer from a participant’s wages). insured contributory group health plan establishing a temporary safety zone on * * * * * with 90 participants. Several former the West Duwamish Waterway, Seattle, (f) Examples. The requirements of this employees have elected, pursuant to the Washington. Entry into, transit through, section are illustrated by the following provisions of ERISA section 602, 29 mooring or anchoring within this zone examples: U.S.C. 1162, to pay C for continuation is prohibited unless authorized by the (1) Employer A sponsors a 401(k) of their coverage under the plan. These Captain of the Port Puget Sound or her plan. There are 30 participants in the checks arrive at various times during the Designated Representative. This safety 401(k) plan. A has one payroll period month and are deposited in the zone is necessary to ensure the safety of for its employees and uses an outside employer’s general account at bank Z. recreational and commercial traffic in payroll processing service to pay Under paragraphs (a) and (c) of this the area during a vessel launch operation at Todd Pacific Shipyards, employee wages and process section, the assets of the plan include located at the entrance to the West deductions. A has established a system the former employees’ payments as soon Duwamish Waterway. under which the payroll processing after the checks have cleared the bank DATES: This rule is effective from 1 a.m. service provides payroll deduction as C could reasonably be expected to to 10:30 a.m. on January 16, 2010 unless information to A within 1 business day segregate the payments from its general cancelled sooner by the Captain of the after the issuance of paychecks. A assets, but in no event later than 90 days Port. checks this information for accuracy after the date on which the former ADDRESSES: Documents indicated in this within 5 business days and then employees’ participant contributions are preamble as being available in the forwards the withheld employee received by C. If, however, C deposits contributions to the plan. The amount of docket are part of docket USCG–2009– the former employees’ payments with the total withheld employee 1073 and are available online by going the plan no later than the 7th business contributions is deposited with the trust to http://www.regulations.gov, inserting that is maintained under the plan on the day following the day on which they are USCG–2009–1073 in the ‘‘Keyword’’ 7th business day following the date on received by C, the former employees’ box, and then clicking ‘‘Search.’’ They which the employees are paid. Under participant contributions will be are also available for inspection or the safe harbor in paragraph (a)(2) of deemed to be contributed to the plan on copying at the Docket Management this section, when the participant the earliest date on which such Facility (M–30), U.S. Department of contributions are deposited with the contributions can reasonably be Transportation, West Building Ground plan on the 7th business day following segregated from C’s general assets. Floor, Room W12–140, 1200 New Jersey a pay date, the participant contributions * * * * * Avenue, SE., Washington, DC 20590, are deemed to be contributed to the plan between 9 a.m. and 5 p.m., Monday Signed at Washington, DC, this 7th day of on the earliest date on which such through Friday, except Federal holidays. January 2010. contributions can reasonably be FOR FURTHER INFORMATION CONTACT: If segregated from A’s general assets. Phyllis C. Borzi, you have questions on this temporary (2) Employer B is a large national Assistant Secretary, Employee Benefits rule, call or e-mail ENS Rebecca E. corporation which sponsors a 401(k) Security Administration, Department of McCann, Waterways Management plan with 600 participants. B has Labor. Division, Sector Seattle, Coast Guard; several payroll centers and uses an [FR Doc. 2010–430 Filed 1–13–10; 8:45 am] telephone 206–217–6088, e-mail outside payroll processing service to BILLING CODE 4510–29–P [email protected]. If you pay employee wages and process have questions on viewing the docket, deductions. Each payroll center has a call Renee V. Wright, Program Manager, different pay period. Each center Docket Operations, telephone 202–366– maintains separate accounts on its 9826. books for purposes of accounting for SUPPLEMENTARY INFORMATION: that center’s payroll deductions and provides the outside payroll processor Regulatory Information the data necessary to prepare employee The Coast Guard is issuing this paychecks and process deductions. The temporary final rule without prior payroll processing service issues the notice and opportunity to comment employees’ paychecks and deducts all pursuant to authority under section 4(a) payroll taxes and elective employee of the Administrative Procedure Act

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(APA) (5 U.S.C. 553(b)). This provision The Coast Guard, through this action, January 16, 2010. This safety zone will authorizes an agency to issue a rule intends to promote the safety of not have a significant impact due to the without prior notice and opportunity to personnel and vessels in the area. Entry short duration and small area. comment when the agency for good into this zone by all vessels will be Assistance for Small Entities cause finds that those procedures are prohibited unless authorized by the ‘‘impracticable, unnecessary, or contrary Captain of the Port. This safety zone Under section 213(a) of the Small to the public interest.’’ Under 5 U.S.C. will be enforced by the U.S. Coast Business Regulatory Enforcement 553(b)(B), the Coast Guard finds that Guard. The Captain of the Port may be Fairness Act of 1996 (Pub. L. 104–121), good cause exists for not publishing a assisted in the enforcement of this safety we offer to assist small entities in notice of proposed rulemaking (NPRM) zone by other Federal, state, or local understanding the rule so that they can with respect to this rule because agencies. better evaluate its effects on them and publishing a NPRM would be contrary participate in the rulemaking process. to the public interest since immediate Regulatory Analyses Small businesses may send comments action is necessary to ensure the safety We developed this rule after on the actions of Federal employees of commercial and recreational vessels considering numerous statutes and who enforce, or otherwise determine in the vicinity of the launch on the date executive orders related to rulemaking. compliance with, Federal regulations to and times this rule will be in effect. Below we summarize our analyses the Small Business and Agriculture Under 5 U.S.C. 553(d)(3), the Coast based on 13 of these statutes or Regulatory Enforcement Ombudsman Guard finds that good cause exists for executive orders. and the Regional Small Business making this rule effective less than 30 Regulatory Fairness Boards. The Regulatory Planning and Review days after publication in the Federal Ombudsman evaluates these actions Register. Delaying the effective date This rule is not a significant annually and rates each agency’s would be contrary to public interest regulatory action under section 3(f) of responsiveness to small business. If you because hazards associated with a vessel Executive Order 12866, Regulatory wish to comment on actions by launching operation in a restricted Planning and Review, and does not employees of the Coast Guard, call waterway, such as excessive vessel require an assessment of potential costs 1–888–REG–FAIR (1–888–734–3247). congestion, could lead to injury, and benefits under section 6(a)(3) of that The Coast Guard will not retaliate fatalities, and/or destruction of public Order. The Office of Management and against small entities that question or property. Therefore, immediate action is Budget has not reviewed it under that complain about this rule or any policy needed to ensure the public’s safety Order. or action of the Coast Guard. from the hazards noted above. We expect the economic impact of this temporary rule to be so minimal Collection of Information Background and Purpose that a full Regulatory Evaluation is This rule calls for no new collection The Coast Guard is establishing a unnecessary. This expectation is based of information under the Paperwork temporary safety zone to provide for the on the fact that the regulated area Reduction Act of 1995 (44 U.S.C. 3501– safety of recreational and commercial established by the regulation would 3520). vessel traffic during a vessel launch encompass a small area that should not operation at the Todd Pacific Shipyards significantly impact commercial or Federalism Facility. The area that Todd Pacific recreational traffic. For the above A rule has implications for federalism Shipyards Facility will use encompasses reasons, the Coast Guard does not under Executive Order 13132, a high commercial traffic zone and the anticipate any significant economic Federalism, if it has a substantial direct West Duwamish River mouth. The Coast impact. effect on State or local governments and Guard is establishing this zone to would either preempt State law or Small Entities protect vessels and persons from the impose a substantial direct cost of hazards associated with excessive vessel Under the Regulatory Flexibility Act compliance on them. We have analyzed congestions within this restricted (5 U.S.C. 601–612), we have considered this rule under that Order and have waterway. The safety zone is needed to whether this rule would have a determined that it does not have keep vessels out of the affected area significant economic impact on a implications for federalism. during the launch period. substantial number of small entities. The term ‘‘small entities’’ comprises Unfunded Mandates Reform Act Discussion of Rule small businesses, not-for-profit The Unfunded Mandates Reform Act The Coast Guard is establishing a organizations that are independently of 1995 (2 U.S.C. 1531–1538) requires temporary safety zone to encompass the owned and operated and are not Federal agencies to assess the effects of waters of the Duwamish River extending dominant in their fields, and their discretionary regulatory actions. In 450 yards from the vessel launch site at governmental jurisdictions with particular, the Act addresses actions Todd Pacific Shipyard, located at the populations of less than 50,000. that may result in the expenditure by a entrance to the West Duwamish The Coast Guard certifies under 5 State, local, or tribal government, in the Waterway. The safety zone includes all U.S.C. 605(b) that this rule will not have aggregate, or by the private sector of waters within an area encompassed by a significant economic impact on a $100,000,000 or more in any one year. the points 47°35′04″ N 122°21′30″ W, substantial number of small entities. Though this rule will not result in such thence to 47°35′04″ N 122°21′50″ W, This rule will affect the following an expenditure, we do discuss the thence to 47°35′19″ N 122°21′50″ W, entities, some of which may be small effects of this rule elsewhere in this thence to 47°35′19″ N 122°21′30″ W, entities: The owners or operators of preamble. thence to 47°35′04″ N 122°21′30″ W. vessels intending to transit the waters of The safety zone does not extend on the Duwamish River extending 450 Taking of Private Property land. The temporary safety zone will be yards from the vessel launch site at This rule will not effect a taking of enforced from 1 a.m. to 10:30 a.m. on Todd Pacific Shipyard, located at the private property or otherwise have January 16, 2010 unless cancelled entrance to the West Duwamish taking implications under Executive sooner by the Captain of the Port. Waterway from 1 a.m. to 10:30 a.m. on Order 12630, Governmental Actions and

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Interference with Constitutionally adopted by voluntary consensus 47°35′19″ N 122°21′30″ W, thence to Protected Property Rights. standards bodies. 47°35′04″ N 122°21′30″ W. (b) Regulations. In accordance with Civil Justice Reform This rule does not use technical standards. Therefore, we did not the general regulations in 33 CFR Part This rule meets applicable standards consider the use of voluntary consensus 165, Subpart C, no vessel may enter, in sections 3(a) and 3(b)(2) of Executive standards. transit, moor, or anchor within this Order 12988, Civil Justice Reform, to safety zone, except for vessels minimize litigation, eliminate Environment authorized by the Captain of the Port or ambiguity, and reduce burden. We have analyzed this rule under her Designated Representative. (c) Enforcement Period. From 1 a.m. Protection of Children Department of Homeland Security Management Directive 023–01 and to 10:30 a.m. on January 16, 2010 unless We have analyzed this rule under Commandant Instruction M16475.lD, cancelled sooner by the Captain of the Executive Order 13045, Protection of which guide the Coast Guard in Port. Children from Environmental Health complying with the National Dated: December 11, 2009. Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 S.E. Englebert, an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and does not create an environmental risk to Captain, U.S. Coast Guard, Captain of the have concluded this action is one of a Port, Puget Sound. health or risk to safety that may category of actions which do not disproportionately affect children. [FR Doc. 2010–550 Filed 1–13–10; 8:45 am] individually or cumulatively have a BILLING CODE 9110–04–P Indian Tribal Governments significant effect on the human environment. This rule is categorically This rule does not have tribal excluded, under figure 2–1, paragraph implications under Executive Order ENVIRONMENTAL PROTECTION (34)(g), of the Instruction. This rule 13175, Consultation and Coordination AGENCY involves the establishment of a with Indian Tribal Governments, temporary safety zone to allow a vessel because it does not have a substantial 40 CFR Part 52 launch evolution at Todd Pacific direct effect on one or more Indian Shipyards, the duration of which will be [EPA–R09–OAR–2009–0492; FRL–9096–9] tribes, on the relationship between the less than one day. An environmental Federal Government and Indian tribes, Revisions to the California State analysis checklist and a categorical or on the distribution of power and Implementation Plan, San Joaquin exclusion determination are available in responsibilities between the Federal Valley Air Pollution Control District the docket where indicated under Government and Indian tribes. ADDRESSES. AGENCY: Environmental Protection Energy Effects Agency (EPA). List of Subjects in 33 CFR Part 165 We have analyzed this rule under ACTION: Final rule. Executive Order 13211, Actions Harbors, Marine safety, Navigation (water), Reporting and recordkeeping SUMMARY: EPA is finalizing a limited Concerning Regulations That approval and limited disapproval of Significantly Affect Energy Supply, requirements, Security measures, Waterways. revisions to the San Joaquin Valley Air Distribution, or Use. We have Pollution Control District (SJVAPCD) determined that it is not a ‘‘significant ■ For the reasons set out in the portion of the California State energy action’’ under that order because preamble, the Coast Guard amends 33 Implementation Plan (SIP). This action it is not a ‘‘significant regulatory action’’ CFR part 165 as follows: was proposed in the Federal Register on under Executive Order 12866 and is not July 14, 2009 and concerns volatile PART 165—REGULATED NAVIGATION likely to have a significant adverse effect organic compounds (VOCs) from AREAS AND LIMITED ACCESS AREAS on the supply, distribution, or use of confined animal facilities, such as energy. The Administrator of the Office ■ dairies, cattle feedlots, and poultry and of Information and Regulatory Affairs 1. The authority citation for part 165 continues to read as follows: swine houses. Under the authority of has not designated it as a significant the Clean Air Act as amended in 1990 energy action. Therefore, it does not Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; (CAA or the Act), this action require a Statement of Energy Effects simultaneously approves a local rule under Executive Order 13211. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department that regulates these emission sources Technical Standards of Homeland Security Delegation No. 0170.1 and directs California to correct rule deficiencies. The National Technology Transfer ■ 2. Add § 165.T13–127 to read as DATES: and Advancement Act (NTTAA) (15 follows: Effective Date: This rule is U.S.C. 272 note) directs agencies to use effective on February 16, 2010. voluntary consensus standards in their § 165.T13–127 Safety Zone; Todd Pacific ADDRESSES: EPA has established docket regulatory activities unless the agency Shipyards Vessel Launch, West Duwamish number EPA–R09–OAR–2009–0492 for provides Congress, through the Office of Waterway, Seattle, WA. this action. The index to the docket is Management and Budget, with an (a) Location. The following area is a available electronically at http:// explanation of why using these safety zone: The waters of the www.regulations.gov and in hard copy standards would be inconsistent with Duwamish River extending 450 yards at EPA Region IX, 75 Hawthorne Street, applicable law or otherwise impractical. from the vessel launch site at Todd San Francisco, California. While all Voluntary consensus standards are Pacific Shipyard, located at the entrance documents in the docket are listed in technical standards (e.g., specifications to the West Duwamish Waterway, with the index, some information may be of materials, performance, design, or an area encompassed by the points publicly available only at the hard copy operation; test methods; sampling 47°35′04″ N 122°21′30″ W, thence to location (e.g., copyrighted material), and procedures; and related management 47°35′04″ N 122°21′50″ W, thence to some may not be publicly available in systems practices) that are developed or 47°35′19″ N 122°21′50″ W, thence to either location (e.g., CBI). To inspect the

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hard copy materials, please schedule an SUPPLEMENTARY INFORMATION: I. Proposed Action appointment during normal business Throughout this document, ‘‘we,’’ ‘‘us’’ hours with the contact listed in the FOR and ‘‘our’’ refer to EPA. On July 14, 2009 (74 FR 33948), EPA FURTHER INFORMATION CONTACT section. proposed a limited approval and limited Table of Contents disapproval of the following rule that FOR FURTHER INFORMATION CONTACT: I. Proposed Action the California Air Resources Board Andrew Steckel, EPA Region IX, (415) II. Public Comments and EPA Responses (CARB) submitted for incorporation into 947–4115, [email protected]. III. EPA Action the SIP. IV. Statutory and Executive Order Reviews

Local agency Rule # Rule title Adopted Submitted

SJVAPCD ...... 4570 Confined Animal Facilities ...... 06/18/09 06/26/09

We proposed a limited approval following organizations: Association of feedlots. For example, certain major because we determined that Rule 4570 Irritated Residents, Clean Water and Air poultry sources are not covered by the improves the SIP and is largely Matter, Comite´ West Goshen, Comite´ rule. Also, poultry sources have less consistent with the relevant CAA Unido de Plainview, Comite´ Residentes variability, have lower control costs, requirements. At the same time, we Organizados al Servicio del Ambiente and have other differences as identified proposed a limited disapproval because Sano, Committee for a Better Arvin, on pages eight and nine of our TSD. some rule provisions conflict with Fresno Metro Ministries, Natural While it is unclear at this time how the section 110 and part D of the Act. These Resources Defense Council, La Nueva NAEMS will impact our understanding provisions are discussed briefly below. Esperanza de Alpaugh, El Quinto Sol de of RACT for dairies and cattle feedlots, 1. Rule 4570 exempts poultry America, South Shafter Project it is unlikely that the NAEMS will lead operations between 400,000 and Committee, Shafter Chapter League of to a finding that SJVAPCD’s existing 650,000 chickens; these operations United Latin American Citizens, United rule and RACT analysis for poultry is should be subject to the rule as major for a Change in Tooleville, and La Voz sufficient. Also, please see our response sources of VOC emissions. de Tonyville. to EJ comment #7. 2. The rule submittal did not provide A. California Poultry Federation (CPF) CPF Comment #2: EPA claimed that adequate analysis to demonstrate that Comments poultry operations may be less variable the rule’s control measure menus than other CAFs because poultry are implement reasonably available control CPF Comment #1: EPA proposed to generally housed in buildings. As a technologies (RACT) for poultry and postpone deciding whether Rule 4570 result, a few mitigation measures could swine facilities. Such an analysis should implements RACT for dairies and cattle generally be applied to the entire class review the availability and effectiveness feedlots pending completion of the of poultry operations. CPF, however, of control measures for poultry and National Air Emissions Monitoring comments that poultry operations vary swine facilities, and may require rule Study (NAEMS) research. EPA should significantly, including among type of revisions to ensure that the rule does similarly postpone a RACT decision for housing, poultry and manure not allow implementation of relatively the poultry industry, which is also management. Instead of menus, Rule ineffective control measures when more funding and actively participating in the 4570 could require one set of measures effective measures are reasonably NAEMS. for all facilities, or could list different available to a class of operations. Response to CPF #1: The TSD for our sets for each type of facility. Neither Our proposed action and Technical proposed action explains that RACT is option would resolve equity issues of Support Document (TSD) contain more not clearly defined for confined animal what constitutes RACT for different information on the basis for this facilities (CAFs) because there is limited types of operations, since controls rulemaking and on our evaluation of the information and regulation of CAF VOC which are technically and economically submittal. The TSD provides examples emissions. Reflecting this uncertainty, available for one type of operation may of the types of concerns that should be SJVAPCD’s RACT demonstration not be feasible for others. addressed by the analysis discussed in presented various reasons for why Rule deficiency #2. 4570 implements RACT. Our TSD Response to CPF #2: We agree that explains why some of these claims are variability in housing design, manure II. Public Comments and EPA not relevant and none definitively management and other factors can affect Responses demonstrates RACT. We then made cost effectiveness of some VOC controls EPA’s proposed action provided a 30- decisions based on our judgment of how available to poultry facilities. We do not day public comment period. During this the numerous factors, taken together, believe, however, that either SJVAPCD, period, we received comments from the compare to RACT policy and precedent. or this comment has demonstrated that parties listed below. For dairies and cattle feedlots, we industry variability supports the 1. Bill Mattos, President, California proposed to defer temporarily a RACT specific Rule 4570 menus. For example, Poultry Federation (CPF), letter dated decision because the NAEMS and our TSD notes that table 6B of Rule 4570 August 5, 2009. related research should help clarify provides four options to perform 2. Seyed Sadredin, Executive Director, RACT in the near future. We recognize maintenance every 14 days—remove SJVAPCD, letter dated August 27, 2009. that ongoing research should also help caked waste, clean under cages, adjust 3. Paul Cort, EarthJustice (EJ), letter clarify RACT for poultry, which is drinkers and repair pipe leaks. It is not dated August 31, 2009. participating in the NAEMS, too. obvious why industry variability in 4. Brent Newell, Legal Director, However, our TSD explains that there housing, poultry, manure management Center on Race, Poverty & the are significantly more shortcomings or other factors preclude SJVACPD from Environment (CRPE), letter dated with SJVAPCD’s RACT demonstration evaluating the cost-effectiveness of these August 31, 2009, on behalf of the for poultry than for dairy and cattle measures and determining whether they

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are appropriate to require generally for SJVAPCD comments that Rule 4570’s We also concluded that SJVAPCD had major types of poultry operations. threshold is 650,000 chickens. CARB not demonstrated that Rule 4570’s CPF Comment #3: EPA’s TSD raises used 0.025 pounds VOC per head per menus fulfill RACT for poultry and the issue of controlling VOCs with year (lb VOC/hd/yr) as an emission swine operations, and therefore biofilters. CPF commented that biofilters factor for both broilers and layers, proposed to disapprove the rule. are not cost-effective for existing poultry which translates Rule 4570’s SJVAPCD Comment #4: Due to houses because they would require, applicability to 8 tons per year (tpy), variability in poultry operations, among other things, large biofilters with which is safely below 10 tpy. SJVACPD cannot specify only one set of significant installation, operation and Response to SJVAPCD #1: Table 6 of emission control requirements. maintenance costs; as well as, increased SJVAPCD’s April 16, 2009 RACT Operations vary by capacity, poultry ducting, fans, and associated power Demonstration and Table 10 of the breeds and species, nutrient needs needs. Other traditional end-of-stack rule’s Staff Report assume 0.05 lb VOC/ dictated by market plans, diets that vary control measures are similarly infeasible hd/year for layers, which translates Rule by commodity costs, housing ventilation because of the high exhaust flow rates 4570’s applicability to 16.25 tpy, systems, housing coolant systems, and low VOC concentrations. significantly above the 10 tpy threshold. housing construction and litter Response to CPF #3: Our general The comment does not state why or management practices. objection remains regarding Rule 4570’s even if SJVAPCD believes this emission Response to SJVAPCD #4: We menus for poultry control measures. As factor is no longer appropriate to use. appreciate that variability in operations described in paragraph II.C.2 of our SJVAPCD Comment #2: Rule 4570’s may require different controls or control proposed action, the rule submittal did menu-approach should be approved as options for different types of operations. not provide adequate analysis to RACT because the least effective menu However, SJVAPCD has not demonstrate that the control measure options have been incorporated in demonstrated that variability in menus implement RACT for poultry facility permits as best available control operations supports the specific Rule facilities. Such analysis should review technology (BACT). 4570 menu options. Also, please see our the availability and effectiveness of all Response to SJVAPCD #2: Section response to CPF comment #2. control measures (work practices, add- C.3.g of EPA’s TSD explains that SJVAPCD Comment #5: Over time, on controls, etc.) Such analysis may SJVAPCD’s BACT determinations help there could be additional innovations in necessitate rule revisions to ensure that support the argument that Rule 4570 how poultry or swine are raised or the the rule does not allow implementation implements RACT, but are not sufficient market demand for poultry or swine of relatively ineffective control in and of themselves to demonstrate could change. Rule 4570’s menu format measures when more effective measures RACT generically for three reasons. This allows facility modifications to take are reasonably available to a class of comment relates to the second of these advantage of new opportunities and operations. While this comment three reasons, item ‘‘b’’ as presented in technological advances which could provides relevant information on one the TSD. The comment does not, result in additional reductions. component of the menus (add-on however, address the remaining two Response to SJVAPCD #5: Please see controls), SJVAPCD should analyze the points we presented: (1) BACT our response to SJVAPCD comment #3. menus thoroughly and present that determinations consider site-specific SJVACPD Comment #6: SJVAPCD analysis via their normal public review factors which may indicate that specific conducted a top-down BACT analysis of process. controls are feasible in one situation, poultry housing for a permit application CPF Comment #4: The primary source but not in another; therefore, controls and evaluated four traditional VOC of VOC emissions from poultry is the that are BACT for one source may not control technologies: thermal oxidizer, microbial decomposition of organic be BACT or even RACT for others; and, catalytic oxidizer, carbon adsorption matter in manure, which increases with (2) EPA’s lack of comment regarding and biofilter. These controls were not moisture. As a result, CPF supports Rule BACT in individual permits should not found achieved in practice, so SJVAPCD 4570’s emphasis on controlling moisture be construed as EPA concurrence that analyzed their cost-effectiveness and and microbial decomposition, rather the rule or the permits implement found they failed SJVAPCD’s $5,000 per than trying to remove dilute BACT; we may, for example, simply ton VOC threshold. A similar concentrations of VOC from large have been unable to review the permits conclusion can be made for swine. volumes of air. because of competing resource Since traditional add-on control is not Response to CPF #4: Our proposed demands. cost-effective for BACT, it is also not action neither precludes focus on SJVAPCD Comment #3: Rule 4570’s cost-effective for RACT. moisture and microbial decomposition, menu approach should be approved Response to SJVAPCD #6: Please see nor does it require add-on controls. because, while not compromising our response to CPF comment #3. Rather, it would largely direct SJVAPCD control of VOC emissions, it allows CAF SJVAPCD Comment #7: SJVAPCD and to better analyze the availability and operators to adjust to market driven CARB research adequately justifies effectiveness of controls and make changes and innovation in operations to approving Rule 4570 as RACT for appropriate rule revisions. Additional further reduce emissions. California dairies. SJVAPCD developed analysis could show, for example, that Response to SJVAPCD #3: EPA agrees a draft BACT document for dairy one set of measures for controlling that a menu approach can incorporate emissions and is at the forefront of moisture is far more cost-effective than elements to address market and implementing BACT for new dairies. another set and should be required of all innovation needs; however, a menu- Response to SJVAPCD #7: We facilities. Also, please see our response based rule intended to fulfill Federal appreciate that SJVAPCD and CARB to CPF comment #3. RACT requirements must be supported have supported extensive CAF research by adequate analysis demonstrating that before and after developing Rule 4570. B. San Joaquin Valley Air Pollution the menus implement RACT. Consistent We believe results from the NAEMS and Control District Comments with this position, EPA proposed to other SJVAPCD, CARB and EPA SJVAPCD Comment #1: EPA claimed postpone a decision on whether Rule research scheduled to conclude soon that Rule 4570 does not address all 10 4570 demonstrates RACT for dairies, should help clarify RACT for California tpy VOC poultry sources as required. beef feedlots and other cattle facilities. dairies. We also note that this comment

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does not provide the referenced draft represent the lowest emission levels application. Therefore, to the extent that BACT document for dairy emissions, achievable as required by RACT. any such permitting exemption exists, it nor does it provide further information Response to EJ #3: We believe this does not affect implementation of Rule to address the generic issues discussed comment is addressed by our proposed 4570. in Section C.3.g of our TSD and above action to defer a RACT decision for EJ Comment #6: Sections 5.12 and in our response to SJVAPCD comment dairies and cattle feedlots and to require 5.13 of Rule 4570 allow facilities to #2. adequate analysis to demonstrate that ignore all specific requirements of Rule 4570 implements RACT for poultry sections 5.6 through 5.10 by preparing C. EarthJustice (EJ) Comments and swine. We agree that SJVAPCD an alternative emission mitigation plan EJ Comment #1: EJ supports EPA’s must review the availability and (AEMP) demonstrating 30% facility- proposed limited approval/disapproval effectiveness of controls to address the wide reductions. EJ believes these plans of Rule 4570 and agrees with the RACT deficiency we identified are unenforceable because Rule 4570 following conclusions from our concerning poultry and swine sources. provides no detail on how 30% is proposal: (1) Rule 4570 fails to require EJ Comment #4: SJVAPCD uses a calculated or the plans approved. EJ also controls for all major poultry operations; ‘‘percent of profits’’ test to determine comments that SJVAPCD has not (2) SJVAPCD failed to demonstrate that whether controls are economically demonstrated that 30% represents Rule 4570 implements RACT for poultry feasible. For example, SJVAPCD claims RACT, particularly since SJVAPCD and swine operations; and, (3) SJVAPCD that Rule 4570 will cost large dairies projects that the menus reduce must also review the menus for dairy 9.6% of profits, so more stringent and emissions 36–72%. and cattle feedlots. expensive controls are not reasonably Response to EJ #6: Because there is Response to EJ #1: We note that our available. EJ comments that some limited information available on CAF proposed action would recommend, not industries can afford controls costing control efficiencies, we proposed to compel, item #3 regarding SJVAPCD 10% of profits or more without recommend, rather than compel, rule review of the dairy and cattle feedlot impacting economic viability. EJ revisions at this time (see menus. believes SJVAPCD should analyze recommendation #6 on page 10 of our possible CAF controls in a broader TSD). Similar directors’ discretion EJ Comment #2: SJVAPCD has not context, such as total compliance cost, provisions have been approved in other supported its reliance on the State’s economic impact on each sector of the rules (e.g., SJVAPCD Rule 4550 large confined animal facility (LCAF) industry, output demand elasticity, etc. regarding agricultural operations) where definition in setting Rule 4570 Response to EJ #4: Paragraph II.C.2. of agencies have limited experience in applicability thresholds. CAA section our proposed action states that quantifying emission impacts. 172(c)(1) requires all reasonably SJVAPCD has not adequately Implementation of Rule 4570 and other available control measures (RACM) as demonstrated that Rule 4570 CAF requirements and ongoing research expeditiously as practicable, so implements RACT, and directs should improve our understanding so SJVAPCD must analyze and require all SJVAPCD to analyze the availability and that details for AEMPs in section 5.13 reasonable controls, including those for effectiveness of possible controls for can be reasonably required in the near small sources. Instead, Rule 4570 uses poultry and swine sources. The future. We also proposed to recommend applicability thresholds based on the comment does not dispute this or other rather than compel revising section State’s LCAF definition without portions of our proposal, but provides 5.13’s 30% emission reduction target demonstrating that controlling smaller more detail on how EJ believes the consistent with the 36–72% menu-based sources is unreasonable. The LCAF deficiency should be corrected. As a emission projections (see definition is even more inappropriate result, no changes to our proposal are recommendation #7 on page 10 of our because SJVAPCD now estimates higher needed. Regarding the substance of the TSD). We do not believe we have clear VOC emissions than assumed by the comment, we believe ‘‘percent of authority to compel changes to section State (e.g., 11.9 instead of 5.5 lb VOC/ profits’’ can provide useful information, 5.12 at this time, as it does not appear hd/yr for cattle). but we also acknowledge that additional to apply to any major sources. Response to EJ #2: We agree that CAA economic information could be helpful EJ Comment #7: EPA’s proposal to section 182(b)(2) requires RACT for all and appreciate that resource constraints postpone a decision on whether Rule major sources and CAA section limit the amount of analysis that 4570 implements RACT for dairies and 172(c)(1) requires the implementation of SJVAPCD can perform. Also, we note beef feedlots is arbitrary and illegal all RACM as needed for expeditious that SJVAPCD has provided cost- under CAA section 110(k)(3). EPA attainment. A discussion of whether effectiveness information in Appendix C claims the delay is appropriate pending additional controls would advance the of their Staff Report. We look forward to results of an ongoing study, but EPA is attainment date of the ozone standard working with EJ, SJVAPCD and the required to act now based on the best belongs in the context of SJVAPCD’s affected industry to obtain a meaningful available information. Regardless of the ozone plan attainment demonstration. RACT analysis without overwhelming study results, Rule 4570’s dairy and Today’s action on Rule 4570 considers available SJVAPCD resources. cattle feedlot provisions suffer from the whether the rule as submitted is EJ Comment #5: EPA must same RACT defects as the poultry and adequately enforceable, implements appropriately revise 40 CFR swine provisions that EPA is RACT and improves the SIP. The 52.220(b)(12) to remove any possible disapproving. emission factor assumptions from claim that agricultural sources are Response to EJ #7: As we discussed in SJVACPD’s RACT demonstration exempt from permitting. our response to CPF comment #1, we suggest that Rule 4570’s applicability Response to EJ #5: Section 5.0 of Rule acknowledged deficiencies in the RACT thresholds capture all major sources 4570 specifically requires a permit demonstration for dairies and cattle except for the poultry threshold application for each CAF, and Section feedlots, but proposed to defer identified as deficient in our proposed 5.4 requires implementation of all VOC temporarily a RACT decision because action. emission mitigation measures, as the NAEMS and related research should EJ Comment #3: SJVAPCD must, but contained in the application, on and help clarify RACT in the near future. did not, show that all Rule 4570 menus after 365 days of submittal of the While we recognized that ongoing

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research should also help clarify RACT continue to be implemented and Response to CRPE #5: Please see our for poultry and swine, our TSD enforced, and, as a result, continue to responses to previous CRPE comments. explained that there are significantly reduce VOC emissions from dairies and Additional CRPE Comments: CRPE’s more shortcomings with SJVAPCD’s cattle feedlots. Also, please see our August 31, 2009 letter provided RACT demonstration for poultry and response to EJ comment #7. comments on EPA’s proposed actions swine operations. As a result, while it CRPE Comment #2: Rule 4570’s on Rule 4570 (Docket No. EPA–R09– is unclear how the NAEMS results will menu-based strategy violates CAA OAR–2009–0492) and on the SJVAPCD impact our understanding of RACT for RACT provisions which require the One-Hour Ozone Plan (Docket No. EPA– dairies and cattle feedlots, it seems very lowest emission limitation that sources R09–OAR–2008–0693). CRPE comments unlikely that the NAEMS will lead to a can meet considering technological and that were not addressed above are finding that SJVAPCD’s existing rule economic feasibility. Rule 4570 does not primarily relevant to our proposed and RACT analysis for poultry and require all RACT, but merely a handful action on the SJVAPCD One-Hour swine is sufficient. Also, please see our of measures from among several dozen. Ozone Plan. We direct interested response to CPF comment #1. SJVAPCD concedes that operations can readers to those comments and our EJ Comment #8: If EPA finalizes no and will select the least-costly options, responses in our final action on the action on dairy and cattle feedlot which are not necessarily the most ozone plan. measures, EPA should appropriately effective, as RACT requires, at reducing III. EPA Action discount the emission reduction emissions. No comments were submitted that benefits that are claimed for Rule 4570 Response to CRPE #2: Menu-based change our assessment of the rule as in various attainment plans. rules can fulfill the RACT requirement described in our proposed action. Response to EJ #8: If finalized as if the menus effectively require the Therefore, as authorized in sections proposed, EPA’s action would lowest emission limitations that sources 110(k)(3) and 301(a) of the Act, EPA is incorporate all provisions of Rule 4570 can meet considering technological and finalizing a limited approval of the into the Federally enforceable SIP. economic feasibility. However, the EPA’s action to disapprove and submitted rule. This action incorporates deficiency identified in paragraph II.C.2 the submitted rule into the California postpone various RACT demonstrations of our proposal reflects our agreement does not interfere with Federal or local SIP, including those provisions with the comment that SJVAPCD has rule implementation. Issues regarding identified as deficient. As authorized not demonstrated that Rule 4570 meets the emission reductions attributed to under section 110(k)(3), EPA is RACT for poultry and swine menus. We Rule 4570 do not affect the basis for our simultaneously finalizing a limited are deferring our decision as to whether action on the rule and should be disapproval of the rule. As a result, Rule 4570 meets RACT for dairy and addressed in context of our action on sanctions will be imposed unless EPA beef cattle operations. Also, please see SJVAPCD’s one-hour ozone plan. approves subsequent SIP revisions that our response to EJ comment #3. correct the rule deficiencies within 18 D. Center on Race, Poverty and the CRPE Comment #3: SJVAPCD months of the effective date of this Environment (CRPE) Comments improperly inflates the control action. These sanctions will be imposed CRPE Comment #1: EPA should effectiveness of Rule 4570 by claiming under section 179 of the Act according disapprove the RACT determination for a 10% emission reduction for feeding to 40 CFR 52.31. In addition, EPA must dairies and cattle feedlots. There is no cows by NRC guidelines both in the promulgate a Federal implementation hard deadline for EPA to promulgate baseline emission estimates and then plan (FIP) under section 110(c) unless emission estimating methodologies again in emission reductions associated we approve subsequent SIP revisions referenced in the proposed action, so with Rule 4570. that correct the rule deficiencies within EPA may further delay a RACT Response to CRPE #3: Today’s action 24 months. Note that the submitted rule determination beyond November 2011. on Rule 4570 rests primarily on whether has been adopted by the SJVAPCD, and In any case, available information the rule as submitted is adequately EPA’s final limited disapproval does not already shows that dairies and cattle enforceable, implements RACT and prevent the local agency from enforcing feedlots are significant VOC sources that improves the SIP. Issues regarding the it. require RACT. amount of associated emission Response to CRPE #1: We agree that reductions do not affect the basis for our IV. Statutory and Executive Order some cattle and dairy operations are action on Rule 4570 and are addressed Reviews significant VOC sources that require within our action on SJVAPCD’s one- A. Executive Order 12866, Regulatory RACT. We believe, however, that hour ozone plan. Planning and Review delaying a RACT determination for CRPE Comment #4: Rule 4570 merely The Office of Management and Budget dairies and cattle feedlots is justified for codifies existing voluntary practices and (OMB) has exempted this regulatory reasons we discussed in Section D.3 of does not generate real and quantifiable action from Executive Order 12866, our TSD. All data collection efforts for emission reductions. This violates CAA entitled ‘‘Regulatory Planning and the NAEMS are scheduled to conclude requirements for SIP rules to reduce Review.’’ by May 2010 and we plan to promulgate emissions. EPA approval of this rule emission estimating tools by November would be arbitrary and capricious B. Paperwork Reduction Act 2011. Nonetheless, we could require because the emission reduction This action does not impose an additional demonstration of RACT estimates for the vast majority of information collection burden under the regarding dairies and cattle feedlots controls have no factual support. provisions of the Paperwork Reduction based on preliminary NAEMS data, Response to CRPE #4: Please see our Act, 44 U.S.C. 3501 et seq. Burden is unexpected delays, or other factors response to CRPE comment #3. defined at 5 CFR 1320.3(b). before or after November 2011 pursuant CRPE Comment #5: EPA should to CAA section 179(a)(1) and elsewhere. disapprove the RACT demonstration for C. Regulatory Flexibility Act During this period of NAEMS data dairies and cattle feedlots and not allow The Regulatory Flexibility Act (RFA) collection and analysis, we emphasize SJVAPCD’s 2004 SIP to take credit for generally requires an agency to conduct that the rule’s requirements will VOC reductions from Rule 4570. a regulatory flexibility analysis of any

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rule subject to notice and comment governments, or to the private sector, have Tribal implications, as specified in rulemaking requirements unless the result from this action. Executive Order 13175. It will not have agency certifies that the rule will not substantial direct effects on Tribal E. Executive Order 13132, Federalism have a significant economic impact on governments, on the relationship a substantial number of small entities. Federalism (64 FR 43255, August 10, between the Federal government and Small entities include small businesses, 1999) revokes and replaces Executive Indian Tribes, or on the distribution of small not-for-profit enterprises, and Orders 12612 (Federalism) and 12875 power and responsibilities between the small governmental jurisdictions. (Enhancing the Intergovernmental Federal government and Indian Tribes. This rule will not have a significant Partnership). Executive Order 13132 Thus, Executive Order 13175 does not impact on a substantial number of small requires EPA to develop an accountable apply to this rule. process to ensure ‘‘meaningful and entities because SIP approvals and G. Executive Order 13045, Protection of limited approvals/limited disapprovals timely input by State and local officials in the development of regulatory Children From Environmental Health under section 110 and subchapter I, part Risks and Safety Risks D of the Clean Air Act do not create any policies that have federalism new requirements but simply approve implications.’’ ‘‘Policies that have EPA interprets Executive Order 13045 requirements that the State is already federalism implications’’ is defined in (62 FR 19885, April 23, 1997) as imposing. Therefore, because this the Executive Order to include applying only to those regulatory ‘‘ limited approval/limited disapproval regulations that have substantial direct actions that concern health or safety action does not create any new effects on the States, on the relationship risks, such that the analysis required requirements, I certify that this action between the national government and under section 5–501 of the Executive the States, or on the distribution of will not have a significant economic Order has the potential to influence the power and responsibilities among the impact on a substantial number of small regulation. This rule is not subject to various levels of government.’’ Under entities. Executive Order 13045, because it Executive Order 13132, EPA may not Moreover, due to the nature of the approves a State rule implementing a issue a regulation that has federalism Federal standard. Federal-State relationship under the implications, that imposes substantial Clean Air Act, preparation of flexibility direct compliance costs, and that is not H. Executive Order 13211, Actions That analysis would constitute Federal required by statute, unless the Federal Significantly Affect Energy Supply, inquiry into the economic government provides the funds Distribution, or Use reasonableness of State action. The necessary to pay the direct compliance This rule is not subject to Executive Clean Air Act forbids EPA to base its costs incurred by State and local Order 13211, ‘‘Actions Concerning actions concerning SIPs on such governments, or EPA consults with Regulations That Significantly Affect grounds. Union Electric Co., v. U.S. State and local officials early in the Energy Supply, Distribution, or Use’’ (66 EPA, 427 U.S. 246, 255–66 (1976); 42 process of developing the proposed FR 28355, May 22, 2001) because it is U.S.C. 7410(a)(2). regulation. EPA also may not issue a not a significant regulatory action under D. Unfunded Mandates Reform Act regulation that has federalism Executive Order 12866. implications and that preempts State Under sections 202 of the Unfunded law unless the Agency consults with I. National Technology Transfer and Mandates Reform Act of 1995 State and local officials early in the Advancement Act (‘‘Unfunded Mandates Act’’), signed into process of developing the proposed Section 12 of the National Technology law on March 22, 1995, EPA must regulation. Transfer and Advancement Act prepare a budgetary impact statement to This rule will not have substantial (NTTAA) of 1995 requires Federal accompany any proposed or final rule direct effects on the States, on the agencies to evaluate existing technical that includes a Federal mandate that relationship between the national standards when developing a new may result in estimated costs to State, government and the States, or on the regulation. To comply with NTTAA, local, or Tribal governments in the distribution of power and EPA must consider and use ‘‘voluntary aggregate; or to the private sector, of responsibilities among the various consensus standards’’ (VCS) if available $100 million or more. Under section levels of government, as specified in and applicable when developing 205, EPA must select the most cost- Executive Order 13132, because it programs and policies unless doing so effective and least burdensome merely approves a State rule would be inconsistent with applicable alternative that achieves the objectives implementing a Federal standard, and law or otherwise impractical. of the rule and is consistent with does not alter the relationship or the The EPA believes that VCS are statutory requirements. Section 203 distribution of power and inapplicable to this action. Today’s requires EPA to establish a plan for responsibilities established in the Clean action does not require the public to informing and advising any small Air Act. Thus, the requirements of perform activities conducive to the use governments that may be significantly section 6 of the Executive Order do not of VCS. or uniquely impacted by the rule. apply to this rule. EPA has determined that the limited J. Congressional Review Act approval/limited disapproval action F. Executive Order 13175, Coordination The Congressional Review Act, 5 promulgated does not include a Federal With Indian Tribal Governments U.S.C. 801 et seq., as added by the Small mandate that may result in estimated Executive Order 13175, entitled Business Regulatory Enforcement costs of $100 million or more to either ‘‘Consultation and Coordination with Fairness Act of 1996, generally provides State, local, or Tribal governments in Indian Tribal Governments’’ (65 FR that before a rule may take effect, the the aggregate, or to the private sector. 67249, November 9, 2000), requires EPA agency promulgating the rule must This Federal action approves pre- to develop an accountable process to submit a rule report, which includes a existing requirements under State or ensure ‘‘meaningful and timely input by copy of the rule, to each House of the local law, and imposes no new Tribal officials in the development of Congress and to the Comptroller General requirements. Accordingly, no regulatory policies that have Tribal of the United States. EPA will submit a additional costs to State, local, or Tribal implications.’’ This final rule does not report containing this rule and other

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required information to the U.S. Senate, such rule or action. This action may not Authority: 42 U.S.C. 7401 et seq. the U.S. House of Representatives, and be challenged later in proceedings to the Comptroller General of the United enforce its requirements (see section Subpart F—California States prior to publication of the rule in 307(b)(2)). the Federal Register. A major rule ■ 2. Section 52.220 is amended by List of Subjects in 40 CFR Part 52 cannot take effect until 60 days after it adding paragraph (c)(368) to read as is published in the Federal Register. Environmental protection, Air follows: This action is not a ‘‘major rule’’ as pollution control, Incorporation by § 52.220 Identification of plan. defined by 5 U.S.C. 804(2). This rule reference, Intergovernmental relations, * * * * * will be effective on February 16, 2010. Ozone, Reporting and recordkeeping K. Petitions for Judicial Review requirements, Volatile organic (c) * * * compounds. (368) New and amended regulations Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of Dated: December 11, 2009. were submitted on June 26, 2009 by the this action must be filed in the United Laura Yoshii, Governor’s designee. States Court of Appeals for the Acting Regional Administrator, Region IX. (i) Incorporation by Reference. appropriate circuit by March 15, 2010. ■ Part 52, Chapter I, Title 40 of the Code (A) San Joaquin Valley Unified Air Filing a petition for reconsideration by of Federal Regulations is amended as Pollution Control District. the Administrator of this final rule does follows: (1) Rule 4570, ‘‘Confined Animal not affect the finality of this rule for the Facilities,’’ adopted on June 18, 2009. purposes of judicial review nor does it PART 52—[AMENDED] extend the time within which a petition * * * * * for judicial review may be filed, and ■ 1. The authority citation for Part 52 [FR Doc. 2010–489 Filed 1–13–10; 8:45 am] shall not postpone the effectiveness of continues to read as follows: BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 75, No. 9

Thursday, January 14, 2010

This section of the FEDERAL REGISTER Secretary under sections 101 and 102 of The proposed exemption under 5 contains notices to the public of the proposed the Act. SIGTARP’s duties and U.S.C. 552a(j)(2) for the above- issuance of rules and regulations. The operating authority are set forth under referenced systems of records is from purpose of these notices is to give interested section 121 of the Act, as amended, and provisions 5 U.S.C. 552a (c)(3), (c)(4), persons an opportunity to participate in the the Inspector General Act of 1978, as (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), rule making prior to the adoption of the final rules. amended, 5 U.S.C. App. 3. SIGTARP (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), conducts, supervises, and coordinates (e)(8), (f), and (g). audits and investigations relating to the The following are the reasons why the DEPARTMENT OF THE TREASURY programs and operations of the investigative material contained in the Troubled Asset Relief Program (TARP) above-referenced systems of records Office of the Secretary and related entities. maintained by SIGTARP may be The Department of the Treasury is exempted from various provisions of the 31 CFR Part 1 publishing separately the notices of the Privacy Act pursuant to 5 U.S.C. new systems of records to be maintained RIN 1505–AC22 552a(j)(2). by SIGTARP. (1) 5 U.S.C. 552a(e)(4)(G) and (f)(l) Under 5 U.S.C. 552a(j)(2), the head of Office of the Special Inspector General enable individuals to inquire whether a a Federal agency may promulgate rules for the Troubled Asset Relief Program; system of records contains records to exempt a system of records from Privacy Act of 1974; Proposed pertaining to themselves. Disclosure of certain provisions of 5 U.S.C. 552a if the Implementation this information to the subjects of system of records is ‘‘maintained by an investigations would provide AGENCY: Departmental Offices, Treasury. agency or component thereof which individuals with information ACTION: Proposed rule. performs as its principal function any concerning the nature and scope of any activity pertaining to the enforcement of current investigation. Further, providing SUMMARY: In accordance with the criminal laws, including police efforts information as required by this requirements of the Privacy Act of 1974, to prevent, control, or reduce crime or provision would alert the individual to 5 U.S.C. 552a, the Department of the to apprehend criminals, and the the existence of an investigation and Treasury gives notice of a proposed activities of prosecutors, courts, afford the individual an opportunity to amendment to this part to exempt correctional, probation, pardon, or attempt to conceal his/her criminal several systems of records maintained parole authorities, and which consists of activities so as to avoid apprehension, by the Office of the Special Inspector (A) information compiled for the may enable the individual to avoid General for the Troubled Asset Relief purpose of identifying individual detection or apprehension, may enable Program (SIGTARP) from certain criminal offenders and alleged offenders the destruction or alteration of evidence provisions of the Privacy Act. and consisting only of identifying data of the criminal conduct that would form and notations of arrests, the nature and DATES: Comments must be received no the basis for an arrest, and could impede disposition of criminal charges, later than February 16, 2010. or impair SIGTARP’s ability to sentencing, confinement, release, and ADDRESSES: Comments should be sent to investigate the matter. In addition, to parole and probation status; (B) Bryan Saddler, Chief Counsel, Office of provide this type of information may information compiled for the purpose of the Special Inspector General for the enable individuals to learn whether they a criminal investigation, including Troubled Asset Relief Program, 1500 have been identified as subjects of reports of informants and investigators, Pennsylvania Avenue, NW., Room 1010, investigation. and associated with an identifiable Washington, DC 20220. Comments will (2) 5 U.S.C. 552a(d)(1), (e)(4)(H), and individual; or (C) reports identifiable to be made available for inspection upon (f)(2), (3), and (5) grant individuals an individual compiled at any stage of written request. You may also submit access, or concern procedures by which the process of enforcement of the comments through the Federal an individual may gain access, to criminal laws from arrest or indictment rulemaking portal at http:// records pertaining to themselves. through release from supervision.’’ www.regulations.gov (follow the Disclosure of this information to the instructions for submitting comments). To the extent that these systems of records contain investigative material subjects of investigations would provide FOR FURTHER INFORMATION CONTACT: within the provisions of 5 U.S.C. them with information concerning the Bryan Saddler, Chief Counsel, Office of 552a(j)(2), the Department of the nature and scope of any current the Special Inspector General for the Treasury proposes to exempt the investigation, may enable them to avoid Troubled Asset Relief Program, 1500 following systems of records from detection or apprehension, may enable Pennsylvania Avenue, NW., Room 1010, various provisions of the Privacy Act them to destroy or alter evidence of Washington, DC 20220, (202) 927–8938. pursuant to 5 U.S.C. 552a(j)(2): criminal conduct that would form the SUPPLEMENTARY INFORMATION: The DO .220—SIGTARP Hotline Database. basis for their arrest, and could impede Emergency Economic Stabilization Act DO .221—SIGTARP Correspondence or impair SIGTARP’s ability to of 2008 (Act), Public Law 110–343, Database. investigate the matter. In addition, established the Troubled Asset Relief DO .222—SIGTARP Investigative MIS permitting access to investigative files Program, and, at section 121 (12 U.S.C. Database. and records could disclose the identity 5231), created SIGTARP. SIGTARP is DO .223—SIGTARP Investigative of confidential sources and the nature of responsible for coordinating and Files Database. the information supplied by informants conducting audits and investigations of DO .224—SIGTARP Audit Files as well as endanger the physical safety any program established by the Database. of those sources by exposing them to

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possible reprisals for having provided apprehension by altering their agencies. To promote effective law the information. Confidential sources operations or by destroying or enforcement, SIGTARP will refer this and informers might refuse to provide concealing evidence that would form evidence to other law enforcement SIGTARP with valuable information the basis for detection or apprehension. agencies, including State, local, and unless they believe that their identities (5) 5 U.S.C. 552a(c)(4) requires an foreign agencies, that have jurisdiction would not be revealed through agency to inform any person or other over the offenses to which the disclosure of their names or the nature agency about any correction or notation information relates. If required to adhere of the information they supplied. Loss of dispute that the agency made in to the provisions of 5 U.S.C. 552a(e)(1), of access to such sources would accordance with 5 U.S.C. 552a(d) to any SIGTARP might be placed in the seriously impair SIGTARP’s ability to record that the agency disclosed to the position of having to ignore information perform its law enforcement person or agency if an accounting of the relating to violations of law not within responsibilities. Furthermore, providing disclosure was made. Since this its jurisdiction when that information access to records contained in the provision depends on an individual’s comes to SIGTARP’s attention during systems of records could reveal the having access to and an opportunity to the collection and analysis of identities of undercover law request amendment of records information in its records. enforcement officers who compiled pertaining to the individual, and since (8) 5 U.S.C. 552a(e)(2) requires an information regarding the individual’s an exemption from the provisions of 5 agency to collect information to the criminal activities, thereby endangering U.S.C. 552a relating to access to, and greatest extent practicable directly from the physical safety of those undercover amendment of, records is proposed for the subject individual when the officers by exposing them to possible the reasons set out in paragraph (2) of information may result in adverse reprisals. Permitting access in keeping this section, this provision should not determinations about an individual’s with these provisions would also apply to these systems of records. rights, benefits, and privileges under discourage other law enforcement and (6) 5 U.S.C. 552a(e)(4)(I) requires an Federal programs. The application of regulatory agencies from freely sharing agency to publish a general notice this provision to the above-referenced information with SIGTARP and thus listing the categories of sources for systems of records would impair would restrict its access to information information contained in a system of SIGTARP’s ability to collect, analyze, necessary to accomplish its mission records. Revealing sources of and disseminate investigative, most effectively. information could disclose investigative intelligence, and enforcement (3) 5 U.S.C. 552a(d)(2), (3), and (4), techniques and procedures, result in information. During criminal (e)(4)(H), and (f)(4) permit an individual threats or reprisals against confidential investigations it is often a matter of to request amendment of a record informants by the subjects of sound investigative procedure to obtain pertaining to the individual or concern investigations, and cause confidential information from a variety of sources to related procedures, and require the informants to refuse to give full verify the accuracy of the information agency either to amend the record or to information to criminal investigators for obtained. SIGTARP often collects note the disputed portion of the record, fear of having their identities as sources information about the subject of a and to provide a copy of the disclosed. criminal investigation from third individual’s statement of disagreement (7) 5 U.S.C. 552a(e)(1) requires an parties, such as witnesses and with the agency’s refusal to amend a agency to maintain in its records only informants. It is usually not feasible to record to persons or other agencies to such information about an individual as rely upon the subject of the whom the record is thereafter disclosed. is relevant and necessary to accomplish investigation as a credible source for Since these provisions depend upon the a purpose of the agency required to be information regarding his or her alleged individual having access to his or her accomplished by statute or Executive criminal activities. An attempt to obtain records, and since an exemption from Order. The term ‘‘maintain,’’ as defined information from the subject of a the provisions of 5 U.S.C. 552a relating in 5 U.S.C. 552a(a)(3), includes ‘‘collect’’ criminal investigation will often alert to access to records is proposed, for the and ‘‘disseminate.’’ The application of that individual to the existence of an reasons set out in the preceding this provision could impair SIGTARP’s investigation, thereby affording the paragraph of this section, these ability to collect and disseminate individual an opportunity to attempt to provisions should not apply to the valuable law enforcement information. conceal his criminal activities so as to above-listed systems of records. In the early stages of an investigation, it avoid apprehension. (4) 5 U.S.C. 552a(c)(3) requires an may be impossible to determine (9) 5 U.S.C. 552a(e)(3) requires an agency to make accountings of whether information collected is agency to inform each individual, whom disclosures of a record available to the relevant and necessary, and information it asks to supply information, of the individual named in the record upon that initially appears irrelevant and agency’s authority for soliciting the his or her request. Making accountings unnecessary often may, upon further information, whether disclosure of of disclosures available to the subjects evaluation or upon review of information is voluntary or mandatory, of investigations would alert them to the information developed subsequently, the principal purpose(s) for which the fact that SIGTARP is conducting an prove particularly relevant and agency will use the information, the investigation into their activities as well necessary to a law enforcement routine uses that may be made of the as identify the nature, scope, and program. Compliance with the records information, and the effects on the purpose of that investigation. Providing maintenance criteria listed in the individual of not providing all or part of accountings to the subjects of foregoing provision would require the information. The above-referenced investigations would alert them to the SIGTARP to periodically update the systems of records should be exempted fact that SIGTARP has information investigatory material it collects and from these provisions to avoid regarding their activities and could maintains in these systems to ensure impairing SIGTARP’s ability to collect inform them of the general nature of that that the information remains timely and and maintain investigative material. information. The subjects of the complete. Further, SIGTARP oftentimes Confidential sources or undercover law investigations, if provided an will uncover evidence of violations of enforcement officers often obtain accounting of disclosures, would be able law that fall within the investigative information under circumstances in to take measures to avoid detection or jurisdiction of other law enforcement which it is necessary to keep the true

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purpose of their actions secret so as not records which are used to make a activities as well as identify the nature, to let the subject of the investigation or determination adverse to the individual, scope, and purpose of that investigation. his or her associates know that a and when an agency fails to comply The subjects of investigations, if criminal investigation is in progress. with any other provision of 5 U.S.C. provided an accounting of disclosures, Further, application of this provision 552a so as to adversely affect the would be able to take measures to avoid could result in an unwarranted invasion individual. The investigatory detection or apprehension by destroying of the personal privacy of the subject of information in the above-referenced or concealing evidence that would form the criminal investigation, particularly systems of records should be exempted the basis for detection or apprehension. where further investigation reveals that from this provision to the extent that the (2) 5 U.S.C. 552a(d)(1), (e)(4)(H), and the subject was not involved in any civil remedies may relate to provisions (f)(2), (3), and (5) grant individuals criminal activity. of 5 U.S.C. 552a from which this would access, or concern procedures by which (10) 5 U.S.C. 552a(e)(5) requires an exempt the systems of records, since an individual may gain access, to agency to maintain all records it uses in there should be no civil remedies for records pertaining to them. Disclosure making any determination about any failure to comply with provisions from of this information to the subjects of individual with such accuracy, which SIGTARP is exempted. investigations would provide relevance, timeliness, and completeness Exemption from this provision will also individuals with information as is reasonably necessary to assure protect SIGTARP from baseless civil concerning the nature and scope of any fairness to the individual in the court actions that might hamper its current investigation, may enable them determination. Since 5 U.S.C. 552a(a)(3) ability to collect, analyze, and to avoid detection or apprehension, may defines ‘‘maintain’’ to include ‘‘collect’’ disseminate investigative, intelligence, enable them to destroy or alter evidence and ‘‘disseminate,’’ application of this and law enforcement data. of criminal conduct that would form the provision to the systems of records Under 5 U.S.C. 552a(k)(2), the head of basis for their arrest, and could impede would hinder the initial collection of a Federal agency may promulgate rules or impair SIGTARP’s ability to any information that could not, at the to exempt a system of records from investigate the matter. In addition, moment of collection, be determined to certain provisions of 5 U.S.C. 552a if the permitting access to investigative files be accurate, relevant, timely, and system of records is ‘‘investigatory and records could disclose the identity complete. In collecting information material compiled for law enforcement of confidential sources and the nature of during a criminal investigation, it is purposes, other than material within the the information supplied by informants often neither possible nor feasible to scope of subsection (j)(2).’’ To the extent as well as endanger the physical safety determine accuracy, relevance, that these systems of records contain of those sources by exposing them to timeliness, or completeness at the time investigative material within the possible reprisals for having provided that the information is collected. provisions of 5 U.S.C. 552a(k)(2), the the information. Confidential sources Information that may initially appear Department of the Treasury proposes to and informers might refuse to provide inaccurate, irrelevant, untimely, or exempt the following systems of records SIGTARP with valuable information incomplete may, when analyzed with from various provisions of the Privacy unless they believe that their identities other available information, become Act pursuant to 5 U.S.C. 552a(k)(2): would not be revealed through more relevant as an investigation DO .220—SIGTARP Hotline Database. disclosure of their names or the nature progresses. Compliance with the records DO .221—SIGTARP Correspondence of the information they supplied. Loss maintenance criteria listed in the Database. of access to such sources would foregoing provision would require the DO .222—SIGTARP Investigative MIS seriously impair SIGTARP’s ability to periodic review of SIGTARP’s Database. perform its law enforcement investigative records to insure that the DO .223—SIGTARP Investigative responsibilities. Furthermore, providing records maintained in the system Files Database. access to records contained in the remain timely, accurate, relevant, and DO .224—SIGTARP Audit Files systems of records could reveal the complete. Database. identities of undercover law (11) 5 U.S.C. 552a(e)(8) requires an The proposed exemption under 5 enforcement officers who compiled agency to make reasonable efforts to U.S.C. 552a(k)(2) for the above- information regarding the individual’s serve notice on an individual when the referenced systems of records is from criminal activities, thereby endangering agency makes any record on the provisions 5 U.S.C. 552a(c)(3), (d)(1), the physical safety of those undercover individual available to any person (d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G), officers by exposing them to possible under compulsory legal process, when (e)(4)(H), (e)(4)(I), and (f). reprisals. Permitting access in keeping such process becomes a matter of public The following are the reasons why the with these provisions would also record. The above-referenced systems of investigative material contained in the discourage other law enforcement and records should be exempted from this above-referenced systems of records regulatory agencies, foreign or domestic, provision to avoid revealing maintained by SIGTARP may be from freely sharing information with investigative techniques and procedures exempted from various provisions SIGTARP and thus would restrict its outlined in those records and to prevent pursuant to 5 U.S.C. 552a(k)(2). access to information necessary to revelation of the existence of an ongoing (1) 5 U.S.C. 552a(c)(3) requires an accomplish its mission most effectively. investigation where there is need to agency to make accountings of (3) 5 U.S.C. 552a(d)(2), (3), and (4), keep the existence of the investigation disclosures of a record available to the (e)(4)(H), and (f)(4) permit an individual secret. individual named in the record upon to request amendment of a record (12) 5 U.S.C. 552a(g) provides for civil his or her request. The accountings must pertaining to the individual or concern remedies to an individual when an state the date, nature, and purpose of related procedures, and require the agency wrongfully refuses to amend a disclosures of the record and the names agency either to amend the record or to record or to review a request for and addresses of recipients. Making note the disputed portion of the record, amendment, when an agency accountings of disclosures available to and to provide a copy of the wrongfully refuses to grant access to a the subjects of investigations would individual’s statement of disagreement record, when an agency fails to maintain alert them to the fact that SIGTARP is with the agency’s refusal to amend a accurate, relevant, timely, and complete conducting an investigation into their record to persons or other agencies to

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whom the record is thereafter disclosed. destroy or hide evidence needed to amended. Subpart C also issued under 5 Since these provisions depend upon the prove the violation. U.S.C. 552a, as amended. individual having access to his or her (6) 5 U.S.C. 552a(e)(4)(I) requires an 2. Section 1.36 is amended as follows: records, and since an exemption from agency to publish a general notice the provisions of 5 U.S.C. 552a relating listing the categories of sources for a. Paragraph (c)(1)(i) is amended by to access to records is proposed for the information contained in a system of adding ‘‘DO .220—SIGTARP Hotline reasons set out in the preceding records. Revealing sources of Database; DO .221—SIGTARP paragraph of this section, these information could disclose investigative Correspondence Database; DO .222— provisions should not apply to the techniques and procedures, result in SIGTARP Investigative MIS Database; above-listed systems of records. threats or reprisals against confidential DO .223—SIGTARP Investigative Files (4) 5 U.S.C. 552a(e)(1) requires an informants by the subjects of Database; and DO .224—SIGTARP Audit agency to maintain in its records only investigations, and cause confidential Files Database’’ to the table in numerical such information about an individual as informants to refuse to give full order. is relevant and necessary to accomplish information to criminal investigators for b. Paragraph (g)(1)(i) is amended by a purpose of the agency required to be fear of having their identities as sources adding ‘‘DO .220—SIGTARP Hotline accomplished by statute or Executive disclosed. Database; DO .221—SIGTARP Order. The term ‘‘maintain,’’ as defined Any information from a system of Correspondence Database; DO .222— ‘‘ ’’ in 5 U.S.C. 552a(a)(3), includes collect records for which an exemption is SIGTARP Investigative MIS Database; ‘‘ ’’ and disseminate. The application of claimed under 5 U.S.C. 552a(j) or (k) DO .223—SIGTARP Investigative Files this provision could impair SIGTARP’s which is also included in another Database, and DO .224—SIGTARP Audit ability to collect and disseminate system of records retains the same Files Database’’ to the table in numerical valuable law enforcement information. exempt status such information has in order. In the early stages of an investigation, it the system for which such exemption is The additions to § 1.36 read as may be impossible to determine claimed. whether information collected is follows: This proposed rule is not a relevant and necessary, and information ‘‘significant regulatory action’’ under § 1.36 Systems exempt in whole or in part that initially appears irrelevant and Executive Order 12866. from provisions of 5 U.S.C. 522a and this unnecessary often may, upon further part. evaluation or upon review of Pursuant to the requirements of the * * * * * information developed subsequently, Regulatory Flexibility Act (RFA), 5 prove particularly relevant and U.S.C. 601–612, it is hereby certified (c) * * * that this rule will not have significant necessary to the investigation. (1) * * * Compliance with the records economic impact on a substantial (i) * * * maintenance provisions would require number of small entities. The term ‘‘small entity’’ is defined to have the SIGTARP to periodically update the Number System name investigatory information it collects and same meaning as the terms ‘‘small maintains to ensure that the records in business’’, ‘‘small organization’’ and these systems remain timely, accurate, ‘‘small governmental jurisdiction’’ as ***** and complete. Further, SIGTARP defined in the RFA. DO .220 ... SIGTARP Hotline Database. oftentimes will uncover evidence of The proposed regulation, issued DO .221 ... SIGTARP Correspondence violations of law that fall within the under section 522a(j)(2) and (k) of the Database. investigative jurisdiction of other law Privacy Act, is to exempt certain DO .222... SIGTARP Investigative MIS enforcement agencies. To promote information maintained by the Database. DO .223... SIGTARP Investigative Files effective law enforcement, SIGTARP Department in the above systems of records from notification, access and Database. will refer this evidence to other law DO .224 ... SIGTARP Audit Files Database. enforcement agencies, including State, amendment of a record by individuals local, and foreign agencies, that have who are citizens of the United States or ***** jurisdiction over the offenses to which an alien lawfully admitted for the information relates. If required to permanent residence. In as much as the * * * * * adhere to the provisions of 5 U.S.C. Privacy Act rights are personal and 552a(e)(1), SIGTARP might be placed in apply only to U.S. citizens or an alien (g) * * * the position of having to ignore lawfully admitted for permanent (1) * * * information relating to violations of law residence, small entities, as defined in (i) * * * not within its jurisdiction when that the RFA, are not provided rights under information comes to SIGTARP’s the Privacy Act and are outside the Number System name attention during the collection and scope of this regulation. analysis of information in its records. List of Subjects in 31 CFR Part 1 (5) 5 U.S.C. 552a(e)(4)(G) and (f)(1) ***** enable individuals to inquire whether a Privacy. DO .220 ... SIGTARP Hotline Database. DO .221 ... SIGTARP Correspondence system of records contains records Part 1, Subpart C of Title 31 of the pertaining to them. Application of these Database. Code of Federal Regulations is proposed DO .222... SIGTARP Investigative MIS provisions to the above-referenced to be amended as follows: Database. systems of records could allow DO .223... SIGTARP Investigative Files individuals to learn whether they have PART 1—[AMENDED] Database. been identified as subjects of DO .224 ... SIGTARP Audit Files Database. investigation. Access to such knowledge 1. The authority citation for part 1 would impair SIGTARP’s ability to carry continues to read as follows: ***** out its mission, since individuals could Authority: 5 U.S.C. 301 and 31 U.S.C. 321. take steps to avoid detection and Subpart A also issued under 5 U.S.C. 552, as * * * * *

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Dated: January 4, 2010. regional office official hours of business FOR FURTHER INFORMATION CONTACT: Melissa Hartman, are Monday through Friday, 8:30 a.m. to Steven Rosenthal, Environmental Acting Deputy Assistant Secretary for Privacy 4:30 p.m., excluding Federal holidays. Engineer, Criteria Pollutant Section, Air and Treasury Records. Instructions: Direct your comments to Programs Branch (AR–18J), [FR Doc. 2010–293 Filed 1–13–10; 8:45 am] Docket ID No. EPA–R05–OAR–2009– Environmental Protection Agency, BILLING CODE 4810–25–P 0513. EPA’s policy is that all comments Region 5, 77 West Jackson Boulevard, received will be included in the public Chicago, Illinois 60604, (312) 886–6052. docket without change and may be SUPPLEMENTARY INFORMATION: made available online at http:// ENVIRONMENTAL PROTECTION Throughout this document whenever www.regulations.gov, including any AGENCY ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean personal information provided, unless EPA. This supplementary information the comment includes information 40 CFR Part 52 section is arranged as follows: claimed to be Confidential Business [EPA–R05–OAR–2009–0513; FRL–9103–1] Information (CBI) or other information I. What Should I Consider as I Prepare My whose disclosure is restricted by statute. Comments for EPA? Approval and Promulgation of Air Do not submit information that you II. What Action Is EPA Taking Today and Quality Implementation Plans; Indiana; consider to be CBI or otherwise What Is the Purpose of This Action? Volatile Organic Compound III. What Is EPA’s Analysis of Indiana’s protected through http:// Automobile Refinishing Rules for Automobile Refinishing Rule? www.regulations.gov or e-mail. The Indiana IV. Statutory and Executive Order Reviews http://www.regulations.gov Web site is AGENCY: Environmental Protection an ‘‘anonymous access’’ system, which I. What Should I Consider as I Prepare Agency (EPA). means EPA will not know your identity My Comments for EPA? ACTION: Proposed rule. or contact information unless you When submitting comments, provide it in the body of your comment. remember to: If you send an e-mail comment directly SUMMARY: On June 5, 2009, the Indiana 1. Identify the rulemaking by docket to EPA without going through http:// Department of Environmental number and other identifying Management (IDEM) submitted www.regulations.gov your e-mail address will be automatically captured information (subject heading, Federal amendments to Indiana’s automobile Register date and page number). refinishing rule for approval into its and included as part of the comment 2. Follow directions—The EPA may State Implementation Plan (SIP). These that is placed in the public docket and ask you to respond to specific questions rule revisions extend the applicability of made available on the Internet. If you or organize comments by referencing a Indiana’s approved volatile organic submit an electronic comment, EPA Code of Federal Regulations (CFR) part compound (VOC) automobile recommends that you include your or section number. refinishing rules to all persons in name and other contact information in Indiana who sell or manufacture the body of your comment and with any 3. Explain why you agree or disagree; automobile refinishing coatings or who disk or CD–ROM you submit. If EPA suggest alternatives and substitute refinish motor vehicles. The rules are cannot read your comment due to language for your requested changes. approvable because they are consistent technical difficulties and cannot contact 4. Describe any assumptions and with the Clean Air Act (Act) and EPA you for clarification, EPA may not be provide any technical information and/ regulations, and should result in able to consider your comment. or data that you used. additional VOC emission reductions Electronic files should avoid the use of 5. If you estimate potential costs or throughout Indiana. special characters and any form of burdens, explain how you arrived at encryption, and be free of any defects or DATES: Comments must be received on your estimate in sufficient detail to viruses. For additional instructions on or before February 16, 2010. allow for it to be reproduced. submitting comments, go to Section I of 6. Provide specific examples to ADDRESSES: Submit your comments, the SUPPLEMENTARY INFORMATION section identified by Docket ID No. EPA–R05– illustrate your concerns, and suggest of this document. alternatives. OAR–2009–0513, by one of the Docket: All documents in the docket following methods: are listed in the http:// 7. Explain your views as clearly as 1. http://www.regulations.gov: Follow www.regulations.gov index. Although possible, avoiding the use of profanity the online instructions for submitting listed in the index, some information is or personal threats. comments. not publicly available, e.g., CBI or other 8. Make sure to submit your 2. E-mail: [email protected]. information whose disclosure is comments by the comment period 3. Fax: (312) 692–2551. restricted by statute. Certain other deadline identified. 4. Mail: John M. Mooney, Chief, material, such as copyrighted material, II. What Action Is EPA Taking Today Criteria Pollutant Section, Air Programs will be publicly available only in hard and What Is the Purpose of This Branch (AR–18J), U.S. Environmental copy. Publicly available docket Action? Protection Agency, 77 West Jackson materials are available either Boulevard, Chicago, Illinois 60604. electronically in http:// EPA is proposing to approve rule 5. Hand Delivery: John M. Mooney, www.regulations.gov or in hard copy at revisions that broaden the coverage of Chief, Criteria Pollutant Section, Air the Environmental Protection Agency, Indiana’s VOC automobile refinishing Programs Branch (AR–18J), U.S. Region 5, Air and Radiation Division, 77 SIP rules to include to all persons in Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Indiana who sell or manufacture West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from automobile refinishing coatings or who Illinois 60604. Such deliveries are only 8:30 a.m. to 4:30 p.m., Monday through refinish motor vehicles. Given the accepted during the regional office Friday, excluding Federal holidays. We revised rule’s focus on VOC coating normal hours of operation, and special recommend that you telephone Steven limitations and work practice standards, arrangements should be made for Rosenthal at (312) 886–6052 before Indiana has also deleted references to deliveries of boxed information. The visiting the Region 5 office. control technology requirements.

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III. What Is EPA’s Analysis of Indiana’s 326 IAC 8–10–4 Means to limit VOC safety risks subject to Executive Order Automobile Refinishing Rule? emissions—This section specifies the 13045 (62 FR 19885, April 23, 1997); VOC limits that must be met by the • Is not a significant regulatory action Background of Rule and Its Revisions owners or operators of a refinishing subject to Executive Order 13211 (66 FR EPA issued National VOC Emission facility. It has been revised to eliminate 28355, May 22, 2001); Standards for Automobile Refinishing the use of add-on control systems as a • Is not subject to requirements of Coatings at 40 CFR part 59, subpart B, compliance option. This compliance Section 12(d) of the National on September 11, 1998 (64 FR 48815, as option is not necessary because VOC Technology Transfer and Advancement amended at 69 FR 18803, April 9, 2004), content limits are more appropriate for Act of 1995 (15 U.S.C. 272 note) because promulgated under the Consumer and automobile refinishing facilities than application of those requirements would Commercial Products provisions of add-on control devices. be inconsistent with the Act; and section 183(e) of the Act. The VOC 326 IAC 8–10–5 Work Practice • Does not provide EPA with the emission limits in this rule apply Standards and 326 IAC 8–10–6 discretionary authority to address, as nationwide to manufacturers and Compliance procedures have not been appropriate, disproportionate human importers of automobile refinishing substantively revised. health or environmental effects, using coatings or coating components that sell 326 IAC 8–10–7 Test procedures and practicable and legally permissible or distribute these coatings in the 326 IAC 8–10–9 Recordkeeping and methods, under Executive Order 12898 United States. reporting—These sections have been (59 FR 7629, February 16, 1994). On December 20, 1999, EPA approved revised primarily by removing the In addition, this rule does not have 326 IAC 8–10, in which Indiana adopted testing, recordkeeping and reporting tribal implications as specified by the requirements in EPA’s national rule, requirements applicable to control Executive Order 13175 (65 FR 67249, but applied its requirements to the sale devices. A new section, 326 IAC 8–10– November 9, 2000), because the SIP is of automobile refinishing coatings and 9(e), has been added which requires the not approved to apply in Indian country the owners and operators of automobile owners or operators of refinishing located in the state, and EPA notes that refinishing facilities. Indiana’s SIP rule facilities subject to this rule to report it will not impose substantial direct also contains additional work practice any incidence in which a noncompliant costs on tribal governments or preempt standards that reduce VOC emissions by coating was used within thirty days. tribal law. specifying acceptable methods of spray IV. Statutory and Executive Order List of Subjects in 40 CFR Part 52 gun cleaning, the type of application Reviews Environmental protection, Air equipment that can be used (which pollution control, Intergovernmental reduces the amount of overspray) and Under the Act, the Administrator is relations, Nitrogen dioxide, Ozone, housekeeping practices (such as storing required to approve a SIP submission Reporting and recordkeeping VOC-containing materials in closed that complies with the provisions of the requirements, Volatile organic containers) that reduce VOC emissions. Act and applicable Federal regulations. compounds. The revised rules submitted by 42 U.S.C. 7410(k); 40 CFR 52.02(a). Indiana expand the applicability of the Thus, in reviewing SIP submissions, Dated: December 30, 2009. previously approved rules from Clark, EPA’s role is to approve state choices, Bharat Mathur, Floyd, Lake, Porter and Vanderburgh provided that they meet the criteria of Acting Regional Administrator, Region 5. the Act. Accordingly, this action merely Counties to all of Indiana. [FR Doc. 2010–619 Filed 1–13–10; 8:45 am] approves state law as meeting Federal BILLING CODE 6560–50–P Analysis of Rule and Its Revisions requirements and does not impose The revisions to Indiana’s automobile additional requirements beyond those refinishing rule, 326 IAC 8–10, are imposed by state law. For that reason, ENVIRONMENTAL PROTECTION approvable because they are consistent this action: AGENCY • Is not a ‘‘significant regulatory with the Act and applicable EPA action’’ subject to review by the Office regulations, and should result in 40 CFR Parts 52 and 81 of Management and Budget under additional VOC emission reductions. A [EPA–R06–OAR–2009–0202; FRL–9103–2] Executive Order 12866 (58 FR 51735, description of the rule revisions follows: October 4, 1993); Approval and Promulgation of 326 IAC 8–10–1 Applicability—This • Does not impose an information section has been revised so that after Implementation Plans and Designation collection burden under the provisions of Areas for Air Quality Planning June 1, 2009, it applies to any person of the Paperwork Reduction Act (44 who sells automobile refinishing Purposes; Arkansas; Redesignation of U.S.C. 3501 et seq.); the Crittenden County, Arkansas coatings or refinishes motor vehicles in • Is certified as not having a Portion of the Memphis, Tennessee- all Indiana counties. significant economic impact on a Arkansas 1997 8-Hour Ozone 326 IAC 8–10–2 Definitions—The substantial number of small entities Nonattainment Area to Attainment definitions of ‘‘control device,’’ ‘‘control under the Regulatory Flexibility Act (5 device efficiency’’ and ‘‘control system’’ U.S.C. 601 et seq.); AGENCY: Environmental Protection have been deleted from this section • Does not contain any unfunded Agency (EPA). because those terms are no longer used mandate or significantly or uniquely ACTION: Proposed rule. in this rule. A few other minor editorial affect small governments, as described and clarifying revisions have also been in the Unfunded Mandates Reform Act SUMMARY: On February 24, 2009, the made. of 1995 (Pub. L. 104–4); State of Arkansas, through the Arkansas 326 IAC 8–10–3 Requirements— • Does not have Federalism Department of Environmental Quality This section expands the applicability implications as specified in Executive (ADEQ), submitted a request to of the control requirements to all of Order 13132 (64 FR 43255, August 10, redesignate the Arkansas portion of the Indiana and eliminates requirements 1999); bi-state Memphis, Tennessee-Arkansas that had specifically applied to only • Is not an economically significant (Memphis TN-AR) 1997 8-hour ozone Vanderburgh County. regulatory action based on health or nonattainment area to attainment for the

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8-hour ozone National Ambient Air personal information provided, unless telephone (214) 665–8542; fax number Quality Standard (NAAQS); and to the comment includes information 214–665–7263; e-mail address approve the State Implementation Plan claimed to be Confidential Business [email protected]. (SIP) revision containing a maintenance Information (CBI) or other information SUPPLEMENTARY INFORMATION: plan for the Arkansas portion of the bi- whose disclosure is restricted by statute. state Memphis TN-AR Area. The bi-state Do not submit through http:// Table of Contents Memphis TN-AR 1997 8-hour ozone www.regulations.gov or e-mail, I. What Proposed Actions Is EPA Taking? nonattainment area is composed of information that you consider to be CBI II. What Is the Background for EPA’s Memphis, Shelby County, Tennessee or otherwise protected. The http:// Proposed Actions? (Shelby County) and Crittenden County, www.regulations.gov Web site is an III. What Are the Criteria for Redesignation? Arkansas. In this action, EPA proposes ‘‘anonymous access’’ system, which IV. Why Is EPA Proposing These Actions? to approve the 1997 8-hour ozone means EPA will not know your identity V. What Is the Effect of EPA’s Proposed Actions? redesignation request for Crittenden or contact information unless you VI. What Is EPA’s Analysis of the Request? County, Arkansas. Additionally, EPA provide it in the body of your comment. VII. What Is EPA’s Analysis of Arkansas’ proposes to approve the 1997 8-hour If you send an e-mail comment directly Proposed State NOX and VOC MVEBs for ozone maintenance plan for Crittenden to EPA without going through http:// Crittenden County, Arkansas? County, including the state motor www.regulations.gov, your e-mail VIII. What Is the Status of EPA’s Adequacy vehicle emissions budgets (MVEBs) for address will be automatically captured Determination for the Proposed State nitrogen oxides (NO ) and volatile and included as part of the comment NOX and VOC MVEBs for the Years 2006 X and 2021 for Crittenden County, organic compounds (VOCs) for the years that is placed in the public docket and Arkansas? 2006 and 2021. This proposed approval made available on the Internet. If you IX. Proposed Action on the Redesignation of Arkansas’ redesignation request is submit an electronic comment, EPA Request and Maintenance Plan SIP based on EPA’s determination that recommends that you include your Revision Including Proposed Approval Arkansas has demonstrated that name and other contact information in of the 2006 and 2021 State NOX and VOC Crittenden County has met the criteria the body of your comment and with any MVEBs for Crittenden County, Arkansas for redesignation to attainment specified disk or CD–ROM you submit. If EPA X. Statutory and Executive Order Reviews in the Clean Air Act (CAA), including cannot read your comment due to I. What Proposed Actions Is EPA the determination that the entire technical difficulties and cannot contact Taking? Memphis TN-AR ozone nonattainment you for clarification, EPA may not be EPA proposes several related actions, area has attained the 1997 8-hour ozone able to consider your comment. which are summarized below and standard. Electronic files should avoid the use of described in greater detail throughout DATES: Comments must be received on special characters, any form of this notice of rulemaking: or before February 16, 2010. encryption, and be free of any defects or (1) To redesignate Crittenden County, ADDRESSES: Submit your comments, viruses. For additional information Arkansas to attainment for the 1997 8- identified by Docket ID No. EPA–R06– about EPA’s public docket visit the EPA hour ozone NAAQS. EPA proposes to OAR–2009–0202, by one of the Docket Center homepage at http:// determine that the bi-state Memphis, following methods: www.epa.gov/epahome/dockets.htm. TN-AR Area has attained the 1997 1. http://www.regulations.gov: Follow Docket: All documents in the 8-hour ozone standard, and that the the on-line instructions for submitting electronic docket are listed in the http:// Crittenden County, Arkansas portion comments. www.regulations.gov index. Although has met the requirements for 2. E-mail: [email protected]. listed in the index, some information is redesignation under section 107(d)(3)(E) 3. Fax: (214) 665–7263. not publicly available, i.e., CBI or other of the CAA. The bi-state Memphis, TN- 4. Mail: EPA–R06–OAR–2009–0202 information whose disclosure is AR 1997 8-hour ozone area comprises Air Planning Section, Multimedia restricted by statute. Certain other Shelby County in Tennessee and Planning and Permitting Division, U.S. material, such as copyrighted material, Crittenden County in Arkansas. Today’s Environmental Protection Agency, is not placed on the Internet and will be proposal addresses only the Arkansas Region 6, 1445 Ross Avenue, Suite publicly available only in hard copy portion of the bi-state Memphis, TN-AR 1200, Dallas, Texas 75202–2733. form. Publicly available docket 1997 8-hour ozone area. EPA is now 5. Hand Delivery or Courier: Mr. Guy materials are available either proposing to approve a request to Donaldson, Chief, Air Planning Section, electronically in http:// change the legal designation of Air Planning Branch, Multimedia www.regulations.gov or in hard copy at Crittenden County, Arkansas from Planning and Permitting Division, U.S. the Air Planning Section, Air Branch, nonattainment to attainment for the Environmental Protection Agency, Multimedia Planning and Permitting 1997 8-hour ozone NAAQS. Region 6, 1445 Ross Avenue, Suite Division, U.S. Environmental Protection (2) To approve Arkansas’ 1997 8-hour 1200, Dallas, Texas 75202–2733. Such Agency, Region 6, 1445 Ross Avenue, ozone maintenance plan into the deliveries are only accepted during the Suite 1200, Dallas, Texas 75202–2733. Arkansas SIP, including the 2006 and Regional Office’s normal hours of EPA requests that if at all possible, you 2021 motor vehicle emissions budgets operation. The Regional Office’s official contact the person listed in the FOR (MVEB’s) that are part of the hours of business are Monday through FURTHER INFORMATION CONTACT section to maintenance plan. EPA has already Friday, 8:30 to 4:30, excluding Federal schedule your inspection. The Regional made a finding of adequacy for the holidays. Office’s official hours of business are MVEBs (74 FR 21356). These MVEBs Instructions: Direct your comments to Monday through Friday, 8:30 to 4:30, apply only to Crittenden County, Docket ID No. EPA–R06–OAR–2009– excluding Federal holidays. Arkansas. MVEB’s contained in the 0202. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: Mr. Tennessee submittal for Shelby County received will be included in the public Jeffrey Riley, Air Planning Section will be addressed in a separate action. docket without change and may be (6PD–L), Environmental Protection EPA proposes to approve Arkansas’ made available online at http:// Agency, Region 6, 1445 Ross Avenue, 1997 8-hour ozone maintenance plan for www.regulations.gov, including any Suite 700, Dallas, Texas 75202–2733, Crittenden County (such approval being

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one of the CAA criteria for redesignation smallest value that is greater than 0.08 ppm being within five percent of the to attainment status). The maintenance ppm.; maximum ‘‘marginal’’ design value of plan is designed to help keep the The CAA requires EPA to designate as 0.091 ppm. Pursuant to Section Memphis TN-AR area (of which nonattainment any area that was 181(a)(4), areas with design values Crittenden County is a part) in violating the 1997 8-hour ozone NAAQS within five percent of the standard may attainment of the 1997 8-hour ozone based on the three most recent years of request a reclassification under specific NAAQS through 2021. ambient air quality data. The CAA circumstances. Factors for EPA to contains two sets of provisions—subpart consider as part of such a request are II. What Is the Background for EPA’s 1 and subpart 2—that address planning described in section 181(a)(4) of the Proposed Actions? and control requirements for ozone CAA. The petition for reclassification to Ground-level ozone is not emitted nonattainment areas. (Both are found in ‘‘marginal’’ was approved by EPA, and directly by sources. Rather, emissions of title I, part D.) Subpart 1 (which EPA became effective on November 22, 2004 NOX and VOC react in the presence of refers to as ‘‘basic’’ nonattainment) (see, 69 FR 56697, September 22, 2004). sunlight to form ground-level ozone. contains general, less prescriptive, As a result of the downward NOX and VOC are precursors of ozone. requirements for nonattainment areas classification, the new attainment date The CAA establishes a process for air for any pollutant—including ozone— for the Memphis TN-AR ‘‘marginal’’ quality management through the governed by a NAAQS. Subpart 2 nonattainment area was set at June 15, NAAQS. EPA establishes NAAQS for (which EPA refers to as ‘‘classified’’ 2007, consistent with the CAA, with an criteria pollutants as the maximum level nonattainment) provides more specific attainment determination to be based on of air pollution allowed to protect requirements for certain ozone 2004–2006 air quality data. public health and welfare. nonattainment areas. Some 1997 8-hour Air quality data monitored for the On July 18, 1997, EPA promulgated a ozone nonattainment areas are subject Memphis TN-AR nonattainment area revised 8-hour ozone standard of 0.08 only to the provisions of subpart 1. subsequently showed that the area did parts per million (ppm). This standard Other 1997 8-hour ozone nonattainment not attain the 1997 8-hour ozone is more stringent than the previous areas are also subject to the provisions NAAQS by the June 15, 2007, deadline. 1-hour ozone standard. Under EPA of subpart 2. Under EPA’s Phase 1 1997 Section 181(b)(2)(A) of the CAA regulations at 40 CFR part 50, the 8-hour 8-hour ozone implementation rule (69 provides that, when EPA finds that an ozone standard is attained when the FR 23857) (Phase 1 Rule), signed on area failed to attain by the applicable April 15, 2004, and published April 30, 3-year average of the annual fourth date, the area is reclassified by 2004, an area was classified under highest daily maximum 8-hour average operation of law to the higher of: The subpart 2 based on its 1997 8-hour ambient air quality ozone next higher classification or the ozone design value (i.e., the 3-year concentrations is less than or equal to classification applicable to the area’s average of the annual fourth-highest 0.08 ppm (i.e., 0.084 ppm when ozone design value at the time of the daily maximum 8-hour average ozone rounding is considered). (See, 69 FR required notice under section concentrations), if it had a 1-hour design 23857 (April 30, 2004) for further 181(b)(2)(B). The next higher value at or above 0.121 ppm (the lowest information.) Ambient air quality classification for the Memphis TN-AR 1-hour design value in Table 1 of monitoring data for the 3-year period Nonattainment Area was ‘‘moderate.’’ subpart 2). All other areas are covered On March 28, 2008, the Memphis TN- must meet a data completeness under subpart 1, based upon their requirement. The ambient air quality 8-hour ambient air quality design value. AR nonattainment area was reclassified monitoring data completeness Shelby County, Tennessee was as ‘‘moderate’’ (73 FR 16547). EPA set a requirement is met when the average originally designated as a marginal deadline of March 1, 2009 for the State percent of days with valid ambient nonattainment area for the 1-hour ozone to submit the moderate area SIP monitoring data is greater than 90 standard on November 6, 1991 (56 FR provisions required under the area’s percent, and no single year has less than 56694). Crittenden County, Arkansas new classification (73 FR 16550). 75 percent data completeness as was not part of the nonattainment area In 2008, the ambient ozone data for determined in Appendix I of part 50. during the 1991 1-hour designations. On the Memphis TN-AR Area showed Specifically, section 2.3 of 40 CFR part February 16, 1995 (60 FR 3352) Shelby attainment of the 1997 8-hour ozone 50, Appendix I, ‘‘Comparisons with the County was redesignated as attainment NAAQS, using data from the 3-year Primary and Secondary Ozone for the 1-hour ozone standard and is period of 2006–2008. On February 24, Standards’’ states: considered to be a 1-hour maintenance 2009, Arkansas requested redesignation The primary and secondary ozone area subject to a CAA section 175A of Crittenden County, Arkansas to ambient air quality standards are met at maintenance plan for the 1-hour attainment for the 1997 8-hour ozone an ambient air quality monitoring site standard. NAAQS. The redesignation request when the 3-year average of the annual On April 30, 2004, EPA designated included three years of complete, fourth-highest daily maximum 8-hour the Memphis, TN-AR Area (which then quality-assured ambient air quality data average ozone concentration is less than included Crittenden County, Arkansas) for the ozone seasons (March 1st thru or equal to 0.08 ppm. The number of as a ‘‘moderate’’ 1997 8-hour ozone November 30th) of 2006–2008, significant figures in the level of the nonattainment area (see, 69 FR 23857, indicating that the 1997 8-hour ozone standard dictates the rounding April 30, 2004). On July 15, 2004, NAAQS has been achieved for the entire convention for comparing the computed pursuant to section 181(a)(4) of the Memphis TN-AR Area. Under the CAA, 3-year average annual fourth-highest CAA, the States of Tennessee and nonattainment areas may be daily maximum 8-hour average ozone Arkansas submitted a petition to EPA redesignated to attainment if sufficient, concentration with the level of the Regions 4 and 6, requesting a downward complete, quality-assured data is standard. The third decimal place of the reclassification of the Memphis TN-AR available for the Administrator to computed value is rounded, with values nonattainment area from ‘‘moderate’’ to determine that the area has attained the equal to or greater than 5 rounding up. ‘‘marginal’’ for the 1997 8-hour ozone standard and the area meets the other Thus, a computed 3-year average ozone standard. The petition was based on the CAA redesignation requirements in concentration of 0.085 ppm is the area’s ‘‘moderate’’ design value of .092 section 107(d)(3)(E).

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III. What Are the Criteria for Carbon Monoxide (CO) Nonattainment This maintenance plan includes Redesignation? Areas,’’ Memorandum from G. T. Helms, contingency measures to remedy future The CAA provides the requirements Chief, Ozone/Carbon Monoxide violations of the 1997 8-hour ozone for redesignating a nonattainment area Programs Branch, August 17, 1993; NAAQS. The maintenance plan also 7. ‘‘State Implementation Plan (SIP) to attainment. Specifically, section establishes state NOX and VOC MVEBs Requirements for Areas Submitting 107(d)(3)(E) of the CAA allows for for Crittenden County. Table 1 identifies Requests for Redesignation to redesignation providing that: (1) The the state NOX and VOC MVEBs for the Attainment of the Ozone and Carbon Administrator determines that the area year 2006 and 2021 for Crittenden Monoxide (CO) National Ambient Air has attained the applicable NAAQS; (2) County. Quality Standards (NAAQS) On or After the Administrator has fully approved November 15, 1992,’’ Memorandum TABLE 1—CRITTENDEN COUNTY NO the applicable implementation plan for X from Michael H. Shapiro, Acting the area under section 110(k); (3) the AND VOC MVEBS Assistant Administrator for Air and Administrator determines that the [Summer season tons per day] Radiation, September 17, 1993; improvement in air quality is due to 8. ‘‘Use of Actual Emissions in 2006 2021 permanent and enforceable reductions Maintenance Demonstrations for Ozone in emissions resulting from and CO Nonattainment Areas,’’ NOX ...... 6.27 1.84 implementation of the applicable SIP Memorandum from D. Kent Berry, VOC ...... 2.95 1.39 and applicable Federal air pollutant Acting Director, Air Quality control regulations and other permanent Management Division, November 30, Approval of Arkansas’ maintenance and enforceable reductions; (4) the 1993; plan would also result in approval of Administrator has fully approved a 9. ‘‘Part D New Source Review (Part D the NOX and VOC state MVEBs. maintenance plan for the area as NSR) Requirements for Areas Additionally, EPA is notifying the meeting the requirements of section Requesting Redesignation to public of the status of its adequacy 175A; and, (5) the state containing such Attainment,’’ Memorandum from Mary determination for the 2006 and 2021 area has met all requirements applicable D. Nichols, Assistant Administrator for NOX and VOC state MVEBs pursuant to to the area under section 110 and part Air and Radiation, October 14, 1994; 40 CFR 93.118(f)(1). D of the CAA. and EPA provided guidance on VI. What Is EPA’s Analysis of the 10. ‘‘Reasonable Further Progress, Request? redesignation in the General Preamble Attainment Demonstration, and Related for the Implementation of title I of the Requirements for Ozone Nonattainment EPA proposes to determine that the CAA Amendments of 1990, on April 16, Areas Meeting the Ozone National Crittenden County portion of the 1992 (57 FR 13498), and supplemented Ambient Air Quality Standard,’’ Memphis TN-AR 1997 8-hour ozone this guidance on April 28, 1992 (57 FR Memorandum from John S. Seitz, nonattainment area has attained the 18070). EPA has provided further Director, Office of Air Quality Planning 1997 8-hour ozone standard, and that all guidance on processing redesignation and Standards, May 10, 1995. other redesignation criteria have been requests in the following documents: met for that portion of the Memphis TN- 1. ‘‘Ozone and Carbon Monoxide IV. Why Is EPA Proposing These AR area. The basis for EPA’s Design Value Calculations,’’ Actions? determination for the area is discussed Memorandum from Bill Laxton, On February 24, 2009, Arkansas in greater detail below. Director, Technical Support Division, requested redesignation of the Arkansas Criteria (1)—Crittenden County, June 18,1990; portion (Crittenden County) of the bi- Arkansas has attained the 1997 8-hour 2. ‘‘Maintenance Plans for state Memphis TN-AR 1997 8-hour ozone NAAQS. Redesignation of Ozone and Carbon ozone nonattainment area to attainment EPA proposes to determine that the Monoxide Nonattainment Areas,’’ for the 1997 8-hour ozone standard. Crittenden County portion of the Memorandum from G.T. Helms, Chief, EPA’s evaluation indicates that the bi- Memphis TN-AR area has attained the Ozone/Carbon Monoxide Programs state Memphis Area has attained the 1997 8-hour ozone NAAQS. For ozone, Branch, April 30, 1992; standard and that Crittenden County has an area may be considered to be 3. ‘‘Contingency Measures for Ozone met the requirements for redesignation attaining the 1997 8-hour ozone NAAQS and Carbon Monoxide (CO) set forth in section 107(d)(3)(E), if the air quality in the nonattainment Redesignations,’’ Memorandum from including the maintenance plan area meets the standard, as determined G.T. Helms, Chief, Ozone/Carbon requirements under section 175A of the in accordance with 40 CFR 50.10 and Monoxide Programs Branch, June 1, CAA. EPA is also announcing the status Appendix I of part 50, based on three 1992; of its adequacy determination and complete, consecutive calendar years of 4. ‘‘Procedures for Processing Requests proposing approval of the 2006 and quality-assured air quality monitoring to Redesignate Areas to Attainment,’’ 2021 NOX and VOC MVEBs which are data. To attain this standard, the 3-year Memorandum from John Calcagni, relevant to the requested redesignation. average of the fourth-highest daily Director, Air Quality Management maximum 1997 8-hour average ozone Division, September 4, 1992 (hereafter V. What Is the Effect of EPA’s Proposed concentrations measured at each referred to as the ‘‘Calcagni Actions? monitor within an area over each year Memorandum’’); Approval of Arkansas’ redesignation must not exceed 0.08 ppm. Based on the 5. ‘‘State Implementation Plan (SIP) request would change the legal rounding convention described in 40 Actions Submitted in Response to Clean designation of Crittenden County for the CFR part 50, Appendix I, the standard Air Act (ACT) Deadlines,’’ 1997 8-hour ozone NAAQS found at 40 is attained if the design value is 0.084 Memorandum from John Calcagni, CFR part 81. Approval of Arkansas’ ppm or below. The data must be Director, Air Quality Management request would also incorporate into the collected and quality-assured in Division, October 28, 1992; Arkansas SIP, a plan for Crittenden accordance with 40 CFR part 58, and 6. ‘‘Technical Support Documents County for maintaining the 1997 8-hour recorded in the EPA Air Quality System (TSD’s) for Redesignation of Ozone and ozone NAAQS in the area through 2021. (AQS). The monitors generally should

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have remained at the same location for in the Memphis TN-AR area for the average of these values (i.e., design the duration of the monitoring period ozone season from 2006–2008. This data values), are summarized in Table 2: required for demonstrating attainment. has been quality assured and is recorded EPA reviewed ozone monitoring data in AQS. The fourth high averages for from ambient ozone monitoring stations 2006, 2007 and 2008, and the 3-year

TABLE 2—ANNUAL 4TH MAX HIGH AND DESIGN VALUE CONCENTRATION FOR 1997 8-HOUR OZONE FOR THE MEMPHIS, TN-AR AREA [In parts per million]

County Shelby County, Crittenden County, Tennessee Arkansas Memphis-Frayser Edmond Orgill Monitor (AQS ID) Boulevard Park Marion (#47–157–0021) (#47–157–1004) (#05–035–0005)

2006 ...... 0.083 0.084 0.089 2007 ...... 0.081 0.080 0.084 2008 ...... 0.084 0.077 0.074 Design Value ...... 0.082 0.080 0.082

As discussed above, the design value and that if applicable, they are fully means, or techniques, provisions for the for an area is the highest design value approved under section 110(k). SIPs establishment and operation of recorded at any monitor in the area. must be fully approved only with appropriate devices necessary to collect Therefore, the design value for the respect to applicable requirements. data on ambient air quality, and Memphis TN-AR Area is 0.082 ppm, programs to enforce the limitations. a. Crittenden County, Arkansas Has Met which meets the standard as described General SIP elements and requirements All Applicable Requirements Under above. Preliminary data from 2009 also are delineated in section 110(a)(2) of Section 110 and Part D of the CAA indicate the area continues to attain the title I, part A of the CAA. These standard. The data from 2009 is The September 4, 1992, Calcagni requirements include, but are not considered preliminary because it has Memorandum (see ‘‘Procedures for limited to, the following: Submittal of a not yet completed full data certification. Processing Requests to Redesignate SIP that has been adopted by the state As discussed in more detail below, Areas to Attainment,’’ Memorandum after reasonable public notice and Arkansas has committed to continue from John Calcagni, Director, Air hearing; provisions for establishment monitoring in this area in accordance Quality Management Division, and operation of appropriate procedures with 40 CFR part 58. The data submitted September 4, 1992) describes EPA’s needed to monitor ambient air quality; by Arkansas provides an adequate interpretation of section 107(d)(3)(E). implementation of a source permit demonstration that Crittenden County Under this interpretation, to qualify for program; provisions for the (as part of the Memphis TN-AR area) redesignation, states requesting implementation of part C requirements has attained the 1997 8-hour ozone redesignation to attainment must meet (Prevention of Significant Deterioration NAAQS. only the relevant CAA requirements that (PSD)) and provisions for the Criteria (2)—Arkansas has a fully come due prior to the submittal of a implementation of part D requirements approved SIP under section 110(k) for complete redesignation request. See (NSR permit programs); provisions for Crittenden County and Criteria (5)— also, Michael Shapiro Memorandum, air pollution modeling; and provisions Arkansas has met all Applicable (‘‘SIP Requirements for Areas for public and local agency participation Requirements under Section 110 and Submitting Requests for Redesignation in planning and emission control rule part D of the CAA. to Attainment of the Ozone and Carbon development. Below is a summary of how these two Monoxide NAAQS On or After Section 110(a)(2)(D) requires that SIPs criteria were met. November 15, 1992,’’ September 17, contain certain measures to prevent EPA has determined that Arkansas 1993), and 60 FR 12459, 12465–66 sources in a state from significantly has met all applicable SIP requirements (March 7, 1995) (redesignation of contributing to air quality problems in for Crittenden County under section 110 Detroit-Ann Arbor, Michigan). another state. To implement this of the CAA (general SIP requirements). Applicable requirements of the CAA provision, EPA has required certain EPA has also determined that the that come due subsequent to the area’s states to establish programs to address Arkansas SIP satisfies the criterion that submittal of a complete redesignation the transport of air pollutants (NOX SIP it meet applicable SIP requirements request remain applicable until a Call, Clean Air Interstate Rule (CAIR)). under part D of title I of the CAA redesignation is approved, but are not The section 110(a)(2)(D) requirements (including requirements specific to required as a prerequisite to for a state are not linked with a subpart 2 marginal 1997 8-hour ozone redesignation. See, section 175A(c) of particular nonattainment area’s nonattainment areas) in accordance the CAA; Sierra Club, 375 F.3d 537 (7th designation and classification in that with section 107(d)(3)(E)(v). In addition, Cir. 2004); see also, 68 FR 25424, 25427 state. EPA believes that the EPA has determined that the SIP is fully (May 12, 2003) (redesignation of St. requirements linked with a particular approved with respect to all Louis, Missouri). nonattainment area’s designation and requirements applicable for purposes of General SIP requirements. Section classifications are the relevant measures redesignation in accordance with 110(a)(2) of title I of the CAA delineates to evaluate in reviewing a redesignation section 107(d)(3)(E)(ii). In making these the general requirements for a SIP, request. The transport SIP submittal determinations, EPA ascertained which which include enforceable emissions requirements, where applicable, requirements are applicable to the area limitations and other control measures, continue to apply to a state regardless of

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the designation of any one particular nonattainment areas. Section 182 of the under title 23 of the United States Code area in the state. Thus, we do not CAA, found in subpart 2 of part D, (U.S.C.) and the Federal Transit Act believe that the CAA’s interstate establishes additional specific (transportation conformity) as well as to transport requirements should be requirements depending on the area’s all other federally supported or funded construed to be applicable requirements nonattainment classification and applies projects (general conformity). State for purposes of redesignation. to the Memphis TN–AR area. As conformity revisions must be consistent In addition, EPA believes that the discussed in Section II, Crittenden with Federal conformity regulations other section 110 elements not County was classified as marginal, and relating to consultation, enforcement connected with nonattainment plan then reclassified to moderate. In the and enforceability that the CAA submissions and not linked with an reclassification, EPA required that the required the EPA to promulgate. area’s attainment status are not necessary SIP revisions for the new EPA believes it is reasonable to applicable requirements for purposes of moderate area requirements be interpret the conformity SIP redesignation. The area will still be submitted by both Tennessee and requirements as not applying for subject to these requirements after the Arkansas as expeditiously as purposes of evaluating the redesignation area is redesignated. The section 110 practicable, but no later than March 1, request under section 107(d) because and part D requirements that are linked 2009. The request for redesignation was state conformity rules are still required with a particular area’s designation and submitted by Arkansas on February 24, after redesignation and Federal classification are the relevant measures 2009, prior to the date that the moderate conformity rules apply where state rules to evaluate in reviewing a redesignation area requirements came due. Thus, for have not been approved. See, Wall v. request. This approach is consistent purposes of redesignation, only the EPA, 265 F.3d 426, 438–40 (6th Cir. with EPA’s existing policy on marginal area requirements under Part 2001) (upholding this interpretation). applicability (i.e., for redesignations) of D, subpart 2 are applicable to Crittenden See also, 60 FR 62748 (December 7, conformity and oxygenated fuels County. 1995, Tampa, Florida). Although requirements, as well as with section A SIP revision submitted to EPA by Crittenden County does not currently 184 ozone transport requirements. See, the State of Arkansas on November 19, have fully approved conformity rules, a Reading, Pennsylvania, proposed and 2007 satisfied the marginal area Memorandum of Agreement outlining final rulemakings (61 FR 53174–53176, requirements set forth in section interagency consultation procedures is October 10, 1996), (62 FR 24826, May 7, 182(a)(1). This submittal consisted of an in place for transportation conformity 1997); Cleveland-Akron-Loraine, Ohio, emissions inventory for the year 2002 purposes. final rulemaking (61 FR 20458, May 7, containing NOX, VOC and carbon NSR Requirements. Arkansas’ 1996); and Tampa, Florida, final monoxide (CO) emissions as precursors permitting requirements for major rulemaking at (60 FR 62748, December to ozone formation, as well as a revision sources in or impacting upon 7, 1995). See also, the discussion on this to State Regulation 19, Chapter 7 nonattainment areas are set forth in issue in the Cincinnati, Ohio (Sampling, Monitoring, and Reporting ‘‘Regulation No. 31—Nonattainment redesignation (65 FR 37890, June 19, Requirements), to require emissions New Source Review Requirements.’’ On 2000), and in the Pittsburgh, statements. EPA approved this SIP July 3, 2006, Arkansas submitted Pennsylvania redesignation (66 FR revision on January 15, 2009 (74 FR Regulation No. 31 to address the 50399, October 19, 2001). 2383). Requirements set forth in marginal Nonattainment New Source EPA believes that section 110 sections 182(a)(2)(A) (Reasonably Review (NNSR) permitting requirements elements not linked to the area’s Available Control Technology in Crittenden County, and EPA nonattainment status are not applicable Corrections) and 182(a)(2)(B) (Savings approved the submittal on April 12, for purposes of redesignation. Therefore, Clause for Vehicle Inspection and 2007 (72 FR 18394). This regulation as discussed above, for purposes of Maintenance) are not applicable to applies to the construction and redesignation, they are not considered Crittenden County due to its status of modification of any major stationary applicable requirements. We have attainment of the 1-hour ozone source of air pollution in a reviewed the Arkansas SIP and have standard. Requirements set forth in nonattainment area, as required by part concluded it meets the general section 182(a)(2)(C) (Permit Programs) D of Title I of the Act. Regulation No. requirements of section 110, to the are discussed in the NSR Requirements 31 also includes provisions that extent that these are applicable for section of this notice. implement EPA’s designation of redesignation. EPA has previously In addition to the fact that only the Crittenden County as an Economic approved provisions in the Arkansas marginal classification part D Development Zone (EDZ) subject to the SIP addressing section 110 elements requirements became due prior to requirements of Section 173(a)(1)(B) of under the 1-hour ozone NAAQS (See, 40 submission of the redesignation request the Act. These provisions establish VOC CFR 52.172). and therefore are applicable for and NOX emissions caps and provide for In a letter to EPA dated March 28, purposes of redesignation, EPA believes the Director of ADEQ to grant growth 2008, the State set forth its belief that it is reasonable to interpret the allowances to affected sources in lieu of the existing SIP is also sufficient to meet conformity requirements as not meeting the NNSR offset requirement. the CAA 110(a)(2) requirements for the requiring approval prior to Arkansas has maintained that sources 1997 8-hour ozone NAAQS. EPA has redesignation. locating to the Memphis area will not yet approved this submission, but Section 176 Conformity continue to undergo new source review such approval is not necessary for Requirements. Section 176(c) of the requirements and existing source purposes of redesignation. CAA requires states to establish criteria control will continue under the NNSR/ Part D requirements. EPA has also and procedures to ensure that federally EDZ program until Crittenden County is determined that the Arkansas SIP meets supported or funded projects conform to redesignated to attainment. applicable SIP requirements under part the air quality planning goals in the Upon redesignation, however, the D of the CAA. Sections 172–176 of the applicable SIP. The requirement to identification of Crittenden County as a CAA, found in subpart 1 of part D, set determine conformity applies to section 173 EDZ expires under federal forth the basic nonattainment transportation plans, programs and law. The rules that apply for the 1997 requirements applicable to all projects developed, funded or approved 8-hour ozone standard after

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redesignation would be those contained 1998); Wall, 265 F.3d 426, at 438) plus TABLE 3—CRITTENDEN COUNTY EMIS- in the Prevention of Significant any additional measures it may approve SION REDUCTIONS PROGRAMS— Deterioration (PSD) SIP program. The in conjunction with a redesignation Continued State must reapply for EDZ status action. See, 68 FR 25426 (May 12, 2003) should Crittenden County be designated and citations therein. State and Local Measures nonattainment under a revised 8-hour As indicated above, EPA believes that Æ Stage I Vapor Recovery. primary ozone standard. In any event, the section 110 elements not connected Æ EPA notes that fully approved NSR is with nonattainment plan submissions Proform Company, LLC closure, air permit voided. not required for redesignation to and not linked to the area’s Æ CIBA Corporation reclassified to minor attainment as long as PSD applies after nonattainment status are not applicable source, MACT standard modifications. redesignation, and the area has shown it requirements for purposes of can attain and maintain without redesignation. EPA also believes that Additional Voluntary Reductions nonattainment NSR. since the moderate area part D EPA has also determined that areas requirements applicable for purposes of Æ Diesel Emissions Reduction Act—ADEQ being redesignated need not comply redesignation did not become due prior received State Clean Diesel Grant in Octo- ber 2008. with the requirement that a to submission of the redesignation Æ nonattainment NSR program be Retrofit of city and county (21 on-road, 12 request, they also are not applicable non-road trucks) w/diesel oxidation cata- approved prior to redesignation, requirements for purposes of lyst. provided that the area demonstrates redesignation. As set forth above, the Æ Retrofit of 50 school buses w/diesel oxida- maintenance of the standard without a area has met all other applicable tion catalyst. part D NSR program in effect since PSD requirements for purposes of Æ Retrofit of 12 refuse trucks w/diesel oxida- requirements will apply after redesignation under its prior marginal tion catalyst. redesignation. The rationale for this classification. Æ 196 California Air Resources Board cer- view is described in a memorandum Criteria (3)—The air quality tified gas cans exchanged in Crittenden from Mary Nichols, Assistant County. improvement in the Memphis TN-AR Æ Administrator for Air and Radiation, Truck stop electrification (equipped 65 1997 8-hour Ozone Area is due to parking spaces in Crittenden County). dated October 14, 1994, entitled ‘‘Part D permanent and enforceable reductions New Source Review (Part D NSR) in emissions resulting from Requirements for Areas Requesting implementation of the SIP and Emission reductions in Shelby County Redesignation to Attainment.’’ applicable federal air pollution control as a result of federal motor vehicle Arkansas in its submittal for regulations and other permanent and controls from 2002 to 2006 are Crittenden County showed that sources enforceable reductions. estimated to be 7 tons per day of VOCs locating to the Crittenden area will be EPA believes that Arkansas has and 28 tons per day of NOX. subject to PSD requirements and has demonstrated that the observed air Additionally, continuing new emissions demonstrated that Crittenden County quality improvement in the Memphis- control programs will help to ensure a will be able to maintain the standard Crittenden County Nonattainment Area further decrease in emissions without a part D nonattainment NSR is due to permanent and enforceable throughout the area in the future. program in effect. Therefore, Arkansas reductions in emissions resulting from Crittenden County is expected to receive need not have a fully approved part D implementation of the SIP, Federal upwind benefits in emission reductions. NSR program prior to approval of the measures, and other state adopted Regarding point source emissions, the redesignation request. Arkansas’s PSD measures. Additionally, new emissions Tennessee Valley Authority’s (TVA) program will become effective in control programs for fuels and motor Allen Steam Plant located in Shelby Crittenden County upon redesignation vehicles will help ensure a continued County operates three coal-fired boilers. to attainment. See, rulemakings for decrease in emissions throughout the As a result of EPA’s ‘‘Finding of Detroit, Michigan (60 FR 12467–12468, region. Significant Contribution and March 7, 1995); Cleveland-Akron- Because Crittenden County is itself Rulemaking for Certain States in the Lorraine, Ohio (61 FR 20458, 20469–70, largely rural in nature, measured Ozone Transport Assessment Group May 7, 1996); Louisville, Kentucky (66 reductions in ozone concentrations in Region for Purposes of Reducing Region FR 53665, October 23, 2001); Grand and around Crittenden County are Transport of Ozone’’ (NOX SIP Call), Rapids, Michigan (61 FR 31834–31837, largely attributable to permanent and TVA began operation of two selective June 21, 1996). Thus, EPA believes that enforceable reductions from emission catalytic reduction (SCR) control units Crittenden County, Arkansas has sources of VOCs and NO in the during the 2002 ozone control season, satisfied all applicable requirements for X Memphis area. There were reductions in May 1st through September 30th. The purposes of redesignation under section Crittenden County. Table 3 summarizes third SCR began operating in 2003. 110 and part D of the CAA. several of the measures adopted that Ozone season daily NOX reductions in b. Crittenden County, Arkansas Has a resulted in emissions reductions in the area as a result of these controls Fully Approved Applicable SIP Under Crittenden County. equal approximately 45 tons per day. Section 110(k) of the CAA These are substantial reductions when TABLE 3—CRITTENDEN COUNTY EPA has fully approved the applicable compared to the remaining total NOX Arkansas SIP for Crittenden County, EMISSION REDUCTIONS PROGRAMS inventory from all sources in Shelby under section 110(k) of the CAA for all and Crittenden Counties in 2006 of requirements applicable for purposes of Mobile Sources 116.81 tons per day (99.09 tons per day redesignation. EPA may rely on prior Æ in Shelby County and 17.72 tons per Tier 2 Fuel and Vehicle Emission Stand- day in Crittenden County) and a VOC SIP approvals in approving a ards. redesignation request (see Calcagni Æ Federal Motor Vehicle Control Program. inventory of 128.67 tons per day (99.11 Memorandum at p. 3; Southwestern Æ Heavy Duty Diesel Rule (2007 Highway tons per day in Shelby County and Pennsylvania Growth Alliance v. Rule). 29.56 tons per day in Crittenden Browner, 144 F.3d 984, 989–90 (6th Cir. County).

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Because of the uncertainty introduced undertook an analysis of the changes in projections of NOX emissions from by the recent court actions affecting the NOX expected across a broader region. nearby states from 2002 to 2018. These CAIR Rule and NOX SIP Call, EPA In particular, EPA reviewed available values are presented in Tables 4 and 5:

TABLE 4—2002 BASE ANNUAL EMISSION INVENTORY SUMMARY FOR NOX*

EGU Non-EGU States point point Non-road area Mobile Fires Total

AR ...... 24,722 47,698 62,472 21,700 141,894 5,492 303,978 KY ...... 201,928 38,434 104,571 39,507 156,417 534 541,391 LA ...... 111,703 199,218 114,711 93,069 180,664 6,942 706,307 MS ...... 40,433 61,533 88,787 4,200 111,914 308 307,175 MO ...... 145,438 36,144 99,306 32,435 189,852 2,442 505,617 TN ...... 152,137 64,344 96,827 17,844 238,577 217 569,946

Total ...... 676,361 447,371 566,674 208,755 1,019,318 15,935 2,934,414 * From Tennessee Regional Haze SIP, Appendix D, page D.3–5 and support table for Technical Support Document for CENRAP Emissions and Air Quality Modeling to Support Regional Haze State Implementation Plans, page 2–40, figure 2–4.

TABLE 5—2018 BASE ANNUAL EMISSION INVENTORY SUMMARY FOR NOX*

States EGU Non-EGU Non-road Area Mobile Fires Total point point

AR ...... 34,938 36,169 34,305 25,672 33,640 5,600 170,324 KY ...... 64,378 41,034 79,392 44,346 52,263 714 282,127 LA ...... 44,485 225,748 106,685 114,374 44,806 6,969 543,067 MS ...... 21,535 61,252 68,252 4,483 30,619 1,073 187,214 MO ...... 83,181 51,489 59,625 35,213 50,861 2,442 282,811 TN ...... 31,715 62,519 70,226 19,597 69,385 405 253,847

Total ...... 280,232 478,211 418,485 243,685 281,574 17,203 1,708,390 * From Tennessee Regional Haze SIP, Appendix D, page D.3–5 and support table for Technical Support Document for CENRAP Emissions and Air Quality Modeling to Support Regional Haze State Implementation Plans, page 2–40, figure 2–4.

From 2002 to 2018 NOX emissions are participate in the NOX Budget Trading maintenance. Thus, the NOX SIP Call projected to decrease in the region by Program. In addition, because the adds to assurances that the area will 1,215,024 tons/year or 41.4 percent in provisions of CAIR including the ozone remain in attainment. all. EGU NOX anticipated decreases due season NOX trading program remain in These regional projections of to CAIR and the NOX SIP Call were place during the remand (North emissions data have been prepared only projected to be 198,150 tons per year. Carolina v. EPA, 550 F.3d 1176 (DC Cir. through 2018. However, since motor However, the largest source in this Dec. 23, 2008)), EPA is not currently vehicle and off road emissions continue region remains the motor vehicle sector, administering the NOX Budget Trading to decrease long after a rule is adopted which is projected to decrease 737,744 Program. Nonetheless, all states as the engine population is gradually tons per year. Hence even without EGU regardless of the current status of their replaced by newer engines, it is controls on NOX emissions, total NOX regulations that previously required reasonable to assume that this projected emissions are projected to continually participation in the NOX Budget Trading decrease in regional NOX emissions decrease throughout the maintenance Program, will remain subject to all of from mobile and non-road sources period. As is noted in the following the requirements in the NOX SIP Call should continue through 2020 and paragraph, the NOX SIP Call will remain even if the existing CAIR ozone season assure that ozone in the Memphis region in effect. trading program is withdrawn or will continue to decline throughout the The NO SIP Call requires states to X altered. In addition, the anti-backsliding 10 year maintenance period. Hence we make significant, specific emissions provisions of 40 CFR 51.905(f) believe the projected regional NO reductions. It also provided a X specifically provide that the provisions reductions are adequate to assure that mechanism, the NO Budget Trading X of the NOX SIP Call, including the the Memphis region will continue Program, which states could use to statewide NOX emission budgets, demonstrating maintenance throughout achieve those reductions. When EPA continue to apply after revocation of the the 10 year maintenance period. promulgated CAIR, it discontinued 1-hr standard. (starting in 2009) the NOX Budget All NOX SIP Call states have SIPs that Criteria (4)—The area has a fully Trading Program, 40 CFR 51.121(r), but currently satisfy their obligations under approved maintenance plan pursuant to created another mechanism—the CAIR the SIP Call, the SIP Call reduction section 175A of the CAA. ozone season trading program—which requirements are being met, and EPA In conjunction with its request to states could use to meet their SIP Call will continue to enforce the redesignate Crittenden County, obligations, 70 FR 25289–90. EPA notes requirements of the NOX SIP Call even Arkansas (as part of the Memphis TN- that a number of states, when after any response to the CAIR remand. AR 1997 8-hour ozone nonattainment submitting SIP revisions to require For these reasons, EPA believes that area) to attainment, Arkansas submitted sources to participate in the CAIR ozone regardless of the status of the CAIR a SIP revision to provide for the season trading program, removed the program, the NOX SIP Call requirements maintenance of the 1997 8-hour ozone SIP provisions that required sources to can be relied upon in demonstrating NAAQS for at least 10 years after the

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effective date of redesignation to Arkansas’ maintenance plan includes all c. Maintenance Demonstration attainment. the necessary components and is The February 24, 2009 final submittal a. What is required in a maintenance approvable as part of the redesignation request. includes a maintenance plan for plan? Crittenden County. This demonstration: Section 175A of the CAA sets forth b. Attainment Emissions Inventory (i) Shows compliance and the elements of a maintenance plan for maintenance of the 1997 8-hour ozone In coordination with Shelby County, areas seeking redesignation from standard by providing information to Tennessee, Arkansas selected 2006 ‘‘the nonattainment to attainment. Under support the demonstration that current attainment year’’ for the purposes of section 175A, the plan must and future emissions of VOC and NO demonstrating attainment of the 1997 X demonstrate continued attainment of remain at or below attainment year 2006 8-hour ozone NAAQS. This attainment the applicable NAAQS for at least 10 emissions levels. The year 2006 was inventory identifies the level of years after the Administrator approves a chosen as the attainment year because it redesignation to attainment. Eight years emissions in the area, which is is one of the most recent three years after the redesignation, the State of sufficient to attain the 1997 8-hour (i.e., 2006, 2007, and 2008) for which Arkansas must submit a revised ozone standard. Arkansas began Crittenden County has clean air quality maintenance plan, which demonstrates development of this attainment data for the 1997 8-hour ozone standard. that attainment will continue to be inventory by first developing a baseline emissions inventory for the Memphis (ii) Uses 2006 as the attainment year maintained for the 10 years following and includes future emission inventory the initial 10-year period. To address area. The year 2006 was chosen as the base year for developing a projections for 2009, 2012, 2015, 2017, the possibility of future NAAQS 2018, and 2021. violations, the maintenance plan must comprehensive ozone precursor contain such contingency measures, emissions inventory for which projected (iii) Identifies an ‘‘out year,’’ at least 10 with a schedule for implementation as emissions could be developed for 2009, years (and beyond) after the time EPA deems necessary to assure prompt 2012, 2015, 2017, 2018 and 2021. The necessary for EPA to review and correction of any future 8-hour ozone projected inventory estimates emissions approve the maintenance plan. Per 40 violations. Section 175A of the CAA sets forward to 2021, which is beyond the CFR part 93, state NOX and VOC MVEBs forth the elements of a maintenance 10-year interval required in Section were established for the last year (2021) plan for areas seeking redesignation 175(A) of the CAA. Non-road mobile of the maintenance plan. Additionally, from nonattainment to attainment. The emissions estimates were based on the Arkansas chose, through interagency Calcagni Memorandum provides EPA’s NONROAD2005 model. On-road consultation, to establish MVEBs for the additional guidance on the content of a mobile source emissions were year 2006 for NOX and VOC. EPA has maintenance plan. The Calcagni calculated using EPA’s MOBILE6.2 already notified the public of its Memorandum explains that an ozone emission factors model. The 2006 VOC adequacy determination for these 2006 maintenance plan should address five and NOX emissions, as well as the and 2021 MVEBs pursuant to 40 CFR requirements: The attainment emissions emissions for other years, for Crittenden 93.118(f)(1) (74 FR 21356). inventory, maintenance demonstration, County were developed consistent with (iv) Provides the following actual and monitoring, verification of continued EPA guidance, and are summarized in projected emissions inventories, in tons attainment, and a contingency plan. As Tables 6 and 7 in the following per day (tpd) for Crittenden County, is discussed more fully below, subsection. Arkansas. See, Tables 6 and 7.

TABLE 6—CRITTENDEN COUNTY VOC EMISSIONS [Summer season tons per day]

Source category 2006 2009 2012 2015 2017 2018 2021

Point ...... 2.13 2.17 2.27 2.36 2.43 2.47 2.62 Area ...... 21.32 21.30 21.49 21.68 21.80 21.89 22.14 On-road * ...... 3.12 2.63 2.30 1.97 1.75 1.68 1.50 Non-road ** ...... 2.99 2.85 2.60 2.36 2.19 2.14 1.97

Total ...... 29.56 28.94 28.65 28.36 28.17 28.18 28.23 * Calculated using MOBILE 6.2. ** Calculated using NONROAD2005c.

TABLE 7—CRITTENDEN COUNTY AREA NOX EMISSIONS [Summer season tons per day]

Source category 2006 2009 2012 2015 2017 2018 2021

Point ...... 1.09 1.15 1.22 1.29 1.34 1.37 1.45 Area ...... 0.90 0.90 0.91 0.91 0.92 0.92 0.93 On-road * ...... 6.27 5.13 4.12 3.12 2.45 2.30 1.84 Non-road ** ...... 9.46 9.38 9.10 8.82 8.63 8.39 7.66

Total ...... 17.72 16.56 15.35 14.14 13.34 12.97 11.88 * Calculated using MOBILE 6.2. ** Calculated using NONROAD2005c.

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Although the Arkansas SIP contingency measures determined to be in the submittal provides a two-phase submission provided NOX and VOC necessary to correct future ozone approach to tracking and triggering emissions for the attainment and future attainment problems. mechanisms to determine when years for Crittenden County, EPA has Arkansas will track the progress of the contingency measures are needed and a considered emissions for the entire maintenance plan by performing future process of developing and adopting Memphis TN-AR area for demonstration reviews of triennial emissions inventory appropriate control measures. of maintenance. Maintenance is for Crittenden County using the latest Phase I—Potential increases in local demonstrated if the future year NOX and emissions factors, models and emissions specifically, when the VOC emission for the entire area methodologies. For these periodic certified triennial emissions inventory remains at or below the level of the inventories, Crittenden County will for VOCs or NOX exceed the 2006 base attainment year emissions. Both review the assumptions made for the year attainment inventory by ten Tennessee and Arkansas chose 2006 for purpose of the maintenance percent or more and at least one their ‘‘attainment year’’ for this area. It is demonstration concerning projected documentation of an exceedance of the important to note that this area is growth of activity levels. If any of these 1997 ozone NAAQS at any composed of two counties (Shelby assumptions appear to have changed nonattainment monitor in the area County, Tennessee and Crittenden substantially, Arkansas will re-project based on certified data during the most County, Arkansas) for which emissions emissions. recent monitoring season. should be considered. The area and In the event this occurs, ADEQ will f. Contingency Plan point sources for both counties indicate conduct an investigation into the cause a steady NOX and VOC emission The contingency plan provisions are to determine if the data are due to increase. However, large projected designed to promptly correct a violation reporting errors or a non-recurring reductions in mobile source emissions of the NAAQS that occurs after variance in the local emission profile. more than compensate for this relatively redesignation. Section 175A of the CAA The investigation will be coordinated small increase. Moreover, EPA’s review requires that a maintenance plan with the Memphis/Shelby County of the entire area’s total inventory for include such contingency measures as Health Department and the State of NOX and VOCs indicate that future total EPA deems necessary to assure that the Tennessee as appropriate. If the area emissions are below the level of the state will promptly correct a violation of investigation reveals the data are valid, total area attainment year emissions. the NAAQS that occurs after ADEQ will expand voluntary programs Therefore, EPA believes that the 1997 redesignation. The maintenance plan and develop regulations to address the 8-hour ozone standard will be should identify the contingency concerns. All regulatory programs will maintained in the future for the measures to be adopted, a schedule and be implemented within 24 months and Memphis TN-AR area. procedure for adoption and include a selection of measures shown d. Monitoring Network implementation, and a time limit for in Table 8. There are currently three monitors action by the state. A state should also Phase II—Addresses a monitored measuring ozone in the Memphis TN- identify specific indicators to be used to violation of the 1997 ozone NAAQS in AR Area (two in Shelby County, determine when the contingency the nonattainment area according to Tennessee and one in Crittenden measures need to be implemented. The certified data during the most recent County, Arkansas). ADEQ has maintenance plan must include a monitoring season. committed, in the maintenance plan, to requirement that a state will implement In the event this occurs, ADEQ will continue operation of the monitor in all measures with respect to control of conduct an investigation to determine if Crittenden County in compliance with the pollutant that were contained in the the cause of the violation can be 40 CFR part 58, and has addressed the SIP before redesignation of the area to attributed to errors or clearly requirement for monitoring. attainment in accordance with section identifiable exceptional events outside 175A(d). of local control. ADEQ will solicit the e. Verification of Continued Attainment In the February 24, 2009, submittal, involvement of all State agencies having Arkansas has the legal authority to Arkansas affirms that all programs jurisdiction in the surrounding area. If enforce and implement the instituted by the State and EPA will the investigation reveals the data are requirements of the ozone maintenance remain enforceable, and that sources are valid, provisions will be adopted and plan. This includes the authority to prohibited from reducing emissions implemented within 24 months of the adopt, implement and enforce any controls following the redesignation of monitored violation and include a subsequent emissions control the area. The contingency plan included selection of measures shown in Table 8.

TABLE 8—CRITTENDEN COUNTY CONTINGENCY MEASURE OPTIONS

fi Reasonable Available Control Technology (RACT) for VOC and NOX sources. fi Anti-idling ordinances. fi Open burning restrictions during peak ozone season (May–September). fi Diesel retrofit/replacement initiatives. fi Programs or incentives to decrease motor vehicle use. fi Trip reduction ordinances. fi Implementation of a program to require additional emissions reductions from stationary sources. fi Implementation of a program to enhance inspection of stationary sources to ensure emissions control equipment is functioning properly. fi Implementation of fuel programs, including incentives for alternative fuels. fi Employer-based transportation management plans, including incentives. fi Programs to limit or restrict vehicle use in downtown areas, or other areas of high emissions concentration, particularly during periods of peak use. fi Programs for new construction and major reconstruction of paths for use by pedestrians or by non-motorized vehicles when economically feasible and in the public interest. fi Other currently unspecified control measures that might prove to be advantageous.

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EPA believes that the maintenance maintains the 1997 8-hour ozone Implementation of March 2, 1999, plan adequately addresses the five basic standard with the emissions at the Conformity Court Decision.’’ This components of a maintenance plan: levels of the budgets. EPA has already guidance was finalized in the Attainment inventory, maintenance made a finding of adequacy for these Transportation Conformity Rule demonstration, monitoring network, MVEBs (74 FR 21356), and they must be Amendments for the ‘‘New 8-Hour verification of continued attainment, used for future conformity Ozone and PM2.5 National Ambient Air and a contingency plan. The determinations. Quality Standards and Miscellaneous maintenance plan SIP revision VIII. What Is the Status of EPA’s Revisions for Existing Areas; submitted by Arkansas meets the Adequacy Determination for the Transportation Conformity Rule requirements of section 175A of the Proposed State NO and VOC MVEBs Amendments—Response to Court CAA and is approvable. X for the Years 2006 and 2021 for Decision and Additional Rule Change,’’ VII. What Is EPA’s Analysis of Crittenden County, Arkansas? on July 1, 2004 (69 FR 40004). Arkansas’ Proposed State NOX and Under section 176(c) of the CAA, new Additional information on the adequacy VOC MVEBs for Crittenden County, transportation projects, such as the process for MVEBs is available in the Arkansas? construction of new highways, must proposed rule entitled, ‘‘Transportation Under the CAA, states are required to ‘‘conform’’ to (i.e., be consistent with) Conformity Rule Amendments: submit, at various times, control strategy the part of the state’s air quality plan Response to Court Decision and SIPs and maintenance plans in ozone that addresses pollution from cars and Additional Rule Changes,’’ 68 FR 38974, areas. These control strategy SIPs trucks. ‘‘Conformity’’ to the SIP means 38984 (June 30, 2003). (reasonable further progress and that transportation activities will not As discussed earlier, Arkansas’ attainment demonstration) and cause new air quality violations, worsen maintenance plan submission includes maintenance plans create MVEBs for existing violations, or delay timely VOC and NO state MVEBs for criteria pollutants and/or their attainment of the NAAQS. If a X Crittenden County for the years 2006 precursors to address pollution from transportation plan does not ‘‘conform,’’ cars and trucks. Per 40 CFR part 93, an most new projects that would expand and 2021. EPA reviewed both the VOCs MVEB is established for the last year of the capacity of roadways cannot go and NOX state MVEBs through the the maintenance plan. A state may forward. Regulations at 40 CFR part 93 adequacy process. The Arkansas SIP adopt MVEBs for other years as well. set forth EPA policy, criteria, and submission, including the Crittenden The MVEB is the portion of the total procedures for demonstrating and County VOC and NOX MVEBs, was allowable emissions in the maintenance assuring conformity of such open for public comment on EPA’s demonstration that is allocated to transportation activities to a SIP. The adequacy Web site on March 11, 2009, highway and transit vehicle use and regional emissions analysis is one, but found at: http://www.epa.gov/otaq/ emissions. See 40 CFR 93.101. The not the only, requirement for stateresources/transconf/currsips.htm. MVEB serves as a ceiling on emissions implementing transportation The EPA public comment period on from an area’s planned transportation conformity. Transportation conformity adequacy of the 2006 and 2021 VOC and system. The MVEB concept is further is a requirement for nonattainment and NOX state MVEBs for Crittenden explained in the preamble to the maintenance areas. Maintenance areas County, Arkansas closed on April 10, November 24, 1993, transportation are areas that were previously 2009. EPA did not receive any conformity rule (58 FR 62188). The nonattainment for a particular NAAQS comments on the adequacy of the preamble also describes how to but have since been redesignated to MVEBs, nor did EPA receive any establish the MVEB in the SIP and how attainment with a maintenance plan for requests for the SIP submittal. On May that NAAQS. to revise the MVEB. 7, 2009, EPA made a finding of After interagency consultation with When reviewing submitted ‘‘control strategy’’ SIPs or maintenance plans adequacy for the MVEBs included in the transportation partners for this 8-hour ozone maintenance plan. Crittenden County, Arkansas has elected containing MVEBs, EPA may EPA provided a separate adequacy to develop state MVEBs for VOC and affirmatively find the MVEB contained posting for the MVEBs in association NO . Arkansas has developed these therein ‘‘adequate’’ for use in X with Shelby County, Tennessee. The MVEBs, as required, for the last year of determining transportation conformity. the Crittenden County maintenance Once EPA affirmatively finds the status of the adequacy process for the plan, 2021, and a base year of 2006. The submitted MVEB is adequate for Shelby County MVEBs is discussed in EPA’s separate action related to Shelby NOx and VOC state MVEBs for transportation conformity purposes, that Crittenden County are defined in Table MVEB must be used by state and County (74 FR 58277). 9 below. Federal agencies in determining The new MVEBs for VOC and NOX whether proposed transportation must be used for future transportation ‘‘ ’’ TABLE 9—CRITTENDEN COUNTY NOX projects conform to the SIP as required conformity determinations. For required AND VOC MVEBS by section 176(c) of the CAA. regional emissions analysis years that EPA’s substantive criteria for involve the years 2006 through 2020, [Summer season tons per day] determining ‘‘adequacy’’ of an MVEB are set out in 40 CFR 93.118(e)(4). The the applicable budgets for the purposes 2006 2021 process for determining ‘‘adequacy’’ of conducting transportation conformity will be the new 2006 MVEBs; for NOX ...... 6.27 1.84 consists of three basic steps: Public VOC ...... 2.95 1.39 notification of a SIP submission, a required regional emissions analysis public comment period, and EPA’s years that involve 2021 or beyond, the Through this rulemaking, EPA is adequacy finding. This process for applicable budgets will be the new 2021 proposing to fully approve the 2006 and determining the adequacy of submitted MVEBs. The 2006 and 2021 MVEBs are 2021 MVEBs for VOC and NOX for SIP MVEBs was initially outlined in defined in section VII of this proposed Crittenden County into the SIP because EPA’s May 14, 1999, guidance, rulemaking. EPA has determined that the area ‘‘Conformity Guidance on

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IX. Proposed Action on the geographical area and does not impose affects the status of a geographical area Redesignation Request and any new regulatory requirements on but does not impose any new Maintenance Plan SIP Revision sources. Accordingly, the Administrator requirements on sources. Thus, the Including Proposed Approval of the certifies that this proposed rule will not requirements of section 12(d) of the 2006 and 2021 State NOX and VOC have a significant economic impact on National Technology Transfer and MVEBs for Crittenden County, a substantial number of small entities Advancement Act of 1995 (15 U.S.C. Arkansas under the Regulatory Flexibility Act (5 272 note) do not apply. This proposed EPA is proposing to make the U.S.C. 601 et seq.). Because this rule rule does not impose an information determination that Crittenden County, proposes to approve pre-existing collection burden under the provisions requirements under state law and does Arkansas has met the criteria for of the Paperwork Reduction Act of 1995 not impose any additional enforceable redesignation from nonattainment to (44 U.S.C. 3501 et seq.). duty beyond that required by state law, attainment for the 1997 8-hour ozone it does not contain any unfunded List of Subjects NAAQS. Further, EPA is proposing to mandate or significantly or uniquely approve Arkansas’ February 24, 2009, 40 CFR Part 52 affect small governments, as described SIP submittal including the Environmental protection, Air in the Unfunded Mandates Reform Act redesignation request for Crittenden pollution control, Intergovernmental of 1995 (Pub. L. 104–4). County, Arkansas (as part of the This proposed rule also does not have relations, Incorporation by reference, Memphis TN-AR 1997 8-hour ozone tribal implications because it will not Nitrogen dioxide, Ozone, Reporting and area). EPA’s action with respect to the have a substantial direct effect on one or recordkeeping requirements, Volatile redesignation request for the Shelby more Indian tribes, on the relationship organic compounds. County portion of the 1997 8-hour between the Federal Government and 40 CFR Part 81 ozone area was proposed in a separate Indian tribes, or on the distribution of rulemaking (74 FR 59943). EPA believes power and responsibilities between the Environmental protection, Air that the redesignation request and Federal Government and Indian tribes, pollution control. complete quality-assured monitoring as specified by Executive Order 13175 Authority: 42 U.S.C. 7401 et seq. data demonstrate that the Memphis TN- (65 FR 67249, November 9, 2000). This Dated: January 5, 2010. AR area has attained, and will continue action also does not have Federalism to maintain, the 1997 8-hour ozone Al Armendariz, implications because it does not have Regional Administrator, Region 6. standard, and that the Crittenden substantial direct effects on the states, County portion of the area has met the on the relationship between the national [FR Doc. 2010–586 Filed 1–13–10; 8:45 am] other requirements for redesignation to government and the states, or on the BILLING CODE 6560–50–P attainment under CAA sections distribution of power and 107(d)(3)(E) and 175A. responsibilities among the various EPA is also proposing to approve the levels of government, as specified in DEPARTMENT OF THE INTERIOR maintenance plan for Crittenden County Executive Order 13132 (64 FR 43255, Fish and Wildlife Service included as part of the February 24, August 10, 1999). This action merely 2009, SIP revision, including state NOX affects the status of a geographical area, and VOC MVEBs for 2006 and 2021. does not impose any new requirements 50 CFR Part 17 EPA has already made a finding of on sources, or allow a state to avoid [Docket No. FWS–R6–ES–2009–0027; adequacy for the MVEBs included in adopting or implementing other 92220–1113–0000; ABC Code: C3] this 8-hour ozone maintenance plan (74 requirements and does not alter the RIN 1018–AW27 FR 21356). EPA believes that the relationship or the distribution of power redesignation request and maintenance and responsibilities established in the Endangered and Threatened Wildlife plan meet the requirements of CAA CAA. This proposed rule also is not and Plants; Proposed Rule To List the sections 107(d)(3)(E) and 175A. subject to Executive Order 13045 Shovelnose Sturgeon as Threatened X. Statutory and Executive Order ‘‘Protection of Children from Due to Similarity of Appearance Reviews Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997); AGENCY: Fish and Wildlife Service, Under Executive Order 12866 (58 FR because it is not economically Interior. 51735, October 4, 1993), this proposed significant and because the Agency does ACTION: Proposed rule; reopening of action is not a ‘‘significant regulatory not have reason to believe that the rule comment period and notice of public action’’ and therefore is not subject to concerns an environmental health risk hearing. review by the Office of Management and or safety risk that may Budget. For this reason, this action is disproportionately affect children. SUMMARY: We, the U.S. Fish and also not subject to Executive Order In reviewing SIP submissions, EPA’s Wildlife Service (Service or USFWS), 13211, ‘‘Actions Concerning Regulations role is to approve state choices, announce the reopening of the comment That Significantly Affect Energy Supply, provided that they meet the criteria of period for our September 22, 2009, Distribution, or Use’’ (66 FR 28355, May the CAA. In this context, in the absence proposed rule to treat the shovelnose 22, 2001). This proposed action merely of a prior existing requirement for the sturgeon (Scaphirhynchus proposes to approve state law as state to use voluntary consensus platorynchus) as threatened under the meeting Federal requirements and standards (VCS), EPA has no authority ‘‘Similarity of Appearance’’ provisions of imposes no additional requirements to disapprove a SIP submission for the Endangered Species Act of 1973, as beyond those imposed by state law. failure to use VCS. It would thus be amended (Act). We also announce the Redesignation of an area to attainment inconsistent with applicable law for location and time of a public hearing to under section 107(d)(3)(e) of the CAA EPA, when it reviews a SIP submission, receive public comments on the does not impose any new requirements to use VCS in place of a SIP submission proposal. If you have previously on small entities. Redesignation is an that otherwise satisfies the provisions of submitted comments, please do not action that affects the status of a the CAA. Redesignation is an action that resubmit them because we have already

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incorporated them in the public record substantial difficulty for fishermen, copy of the Federal Register notice, can and will fully consider them in our final State regulators, and law enforcement be found at: http://www.fws.gov/ decision. personnel in differentiating between mountain-prairie/missouririver/ DATES: During this reopened comment shovelnose and pallid sturgeon, both moriver_pallidsturgeon.htm. whole specimens and parts (including period, we will consider comments Public Comments received or postmarked on or before flesh and roe). This similarity of February 4, 2010. We may not consider appearance has resulted in the You may submit your comments and any comments we receive after the documented take of pallid sturgeon and materials concerning the proposed rule closing date. We will hold a public is a threat to the species. The by one of the methods listed in the hearing on the proposed rule on January determination that the shovelnose ADDRESSES section. We will not accept 28, 2010. For more information, see the sturgeon should be treated as threatened comments sent by e-mail or fax or to an ADDRESSES ‘‘Public Hearing’’ section below. due to similarity of appearance will address not listed in the section. If you submit a comment via ADDRESSES: You may submit comments substantially facilitate law enforcement actions to protect and conserve pallid http://www.regulations.gov, your entire by one of the following methods: comment—including your personal • Federal eRulemaking Portal: http:// sturgeon. identifying information—will be posted www.regulations.gov. Follow the Listing the shovelnose sturgeon as threatened under the ‘‘similarity of on the Web site. If you submit a instructions for submitting comments to appearance’’ provisions of the Act will hardcopy comment that includes Docket No. FWS–R6–ES–2009–0027. personal identifying information, you • U.S. mail or hand-delivery: Public extend take prohibitions to shovelnose may request at the top of your document Comments Processing, Attn: FWS–R6– sturgeon, shovelnose-pallid sturgeon that we withhold this information from ES–2009–0027; Division of Policy and hybrids, or their roe when associated public review. However, we cannot Directives Management; U.S. Fish and with a commercial fishing activity. All guarantee that we will be able to do so. Wildlife Service; 4401 N. Fairfax Drive, otherwise legal activities within the identified areas that may involve We will post all hardcopy comments on Suite 222; Arlington, VA 22203. http://www.regulations.gov. • At the public hearing. For more shovelnose sturgeon and shovelnose- We will take into consideration all information, see the ‘‘Public Hearing’’ pallid sturgeon hybrids and which are comments and any additional section below. conducted in accordance with information we received during this We will not accept e-mail or faxes. We applicable State, Federal, Tribal, and reopened comment period on the will post all comments on http:// local laws and regulations will not be proposed rule during the preparation of www.regulations.gov. This generally considered take under this proposed a final rulemaking. Accordingly, the means that we will post any personal regulation. Under the special 4(d) rule, take final decision may differ from the information you provide us (see the would only be prohibited where proposal. Public Comments section below for shovelnose and pallid sturgeons’ range more information). Public Hearing commonly overlap. Specifically, this FOR FURTHER INFORMATION CONTACT: includes the portion of the Missouri Section 4(b)(5)(E) of the Act requires Pallid Sturgeon Recovery Coordinator, River in Iowa, Kansas, Missouri, that we hold one public hearing on the Billings Field Office, 2900 4th Avenue Montana, Nebraska, North Dakota, and proposal, if requested. Our September North, Room 301, Billings, MT 59101 South Dakota; the portion of the 22, 2009 proposal required written (telephone 406/247–7365; facsimile Mississippi River in Arkansas, Illinois requests for a public hearing to be 406/247–7364). Persons who use a (downstream from Melvin Price Locks submitted by November 6, 2009 (74 FR telecommunications device for the deaf and Dam), Kentucky, Louisiana, 48215). Prior to this deadline, we (TDD) may call the Federal Information Mississippi, Missouri (downstream from received several requests to hold or Relay Service (FIRS) at 800/877–8339, Melvin Price Locks and Dam), and inform the public about informational 24 hours a day, 7 days a week. Tennessee; the Platte River downstream meetings or public hearings. SUPPLEMENTARY INFORMATION: of Elkhorn River confluence in Accordingly, we have scheduled an Nebraska; the portion of the Kansas informational meeting (a brief Background River downstream from Bowersock Dam presentation about the proposed rule On September 22, 2009, we published in Kansas; the Yellowstone River with a question-and-answer period) a proposed rule (74 FR 48215) to treat downstream of the Bighorn River from 4:30 p.m. to 6 p.m., and a public the shovelnose sturgeon confluence in North Dakota and hearing from 6:30 p.m. to 8:30 p.m., on (Scaphirhynchus platorynchus) as Montana; and the Atchafalaya River in January 28, 2010, on the 3rd floor of the threatened under the ‘‘Similarity of Louisiana. University Center, Southeast Missouri Appearance’’ provisions of the The proposed designation of State University, One University Plaza, Endangered Species Act of 1973, as similarity of appearance under section Cape Girardeau, MO 65307 (573–651– amended (Act) (16 U.S.C. 1531 et seq.). 4(e) of the Act would not extend any 2282). The shovelnose sturgeon other protections of the Act, such as the Anyone wishing to make an oral (Scaphirhynchus platorynchus) and the requirements to designate critical statement at the public hearing for the endangered pallid sturgeon habitat, the recovery planning record is encouraged to provide a (Scaphirhynchus albus) are difficult to provisions under section 4(f), or written copy of their statement to us at differentiate in the wild and inhabit consultation requirements for Federal the hearing. In the event there is a large overlapping portions of the Missouri agencies under section 7, to shovelnose attendance, the time allotted for oral and Mississippi River basins. Four sturgeon. Therefore, should the proposal statements may be limited. Speakers can States where the two species commonly become final, Federal agencies would sign up only at the informational coexist allow for commercial fishing of not be required to consult with us on meeting and hearing. Oral and written shovelnose sturgeon, which is in activities they authorize, fund, or carry statements receive equal consideration. demand for its roe (eggs sold as caviar). out that may affect shovelnose sturgeon. There are no limits on the length of The close resemblance in appearance Additional information on the pallid written comments submitted to us. If between the two species creates sturgeon and the proposal, including a you have any questions concerning the

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public hearing or need reasonable requests. Information regarding the Dated: December 29, 2009. accommodations to attend and proposal is available in alternative Jane Lyder, participate in the public hearing, please formats upon request. Acting Assistant Secretary for Fish and contact Jane Ledwin at (573) 234–2132, Wildlife and Parks. Authority: The authority for this action is extension 109, as soon as possible, but the Endangered Species Act of 1973, as [FR Doc. 2010–565 Filed 1–13–10; 8:45 am] no later than 1 week before the hearing amended (16 U.S.C. 1531 et seq.). BILLING CODE 4310–55–P date, to allow sufficient time to process

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Notices Federal Register Vol. 75, No. 9

Thursday, January 14, 2010

This section of the FEDERAL REGISTER investigates fraudulent schemes that are such claims for payment are false and contains documents other than rules or used to obtain money from these violators are potentially subject to proposed rules that are applicable to the programs and, when appropriate, issues criminal, civil, and administrative public. Notices of hearings and investigations, Special Fraud Alerts that identify penalties, including exclusion from committee meetings, agency decisions and practices in the health care industry that Federal health care programs. rulings, delegations of authority, filing of petitions and applications and agency are particularly vulnerable to abuse. The Office of Inspector General (OIG) statements of organization and functions are OIG issues Special Fraud Alerts based has received credible information that examples of documents appearing in this on information it obtains concerning some DME suppliers continue to use section. particular fraudulent or abusive independent marketing firms to make practices within the health care unsolicited telephone calls to Medicare industry. Special Fraud Alerts are beneficiaries to market DME, DEPARTMENT OF HEALTH AND intended for widespread dissemination notwithstanding the clear statutory HUMAN SERVICES to the health care provider community, prohibition. Suppliers cannot do as well as those charged with indirectly that which they are Office of Inspector General administering the Medicare and prohibited from doing directly. OIG has Medicaid programs. To date, OIG has also been made aware of instances when Publication of OIG Updated Special published in the Federal Register the DME suppliers, notwithstanding the Fraud Alert on Telemarketing by texts of 12 previously issued Special clear statutory prohibition, contact Durable Medical Equipment Suppliers 1 Fraud Alerts. Medicare beneficiaries by telephone This Updated Special Fraud Alert AGENCY: Office of Inspector General based solely on treating physicians’ updates the Special Fraud Alert on (OIG), HHS. preliminary written or verbal orders Telemarketing by Durable Medical ACTION: Notice. prescribing DME for the beneficiaries. A Equipment Suppliers originally issued physician’s preliminary written or SUMMARY: This Federal Register notice in March 2003 and continues to focus verbal order is not a substitute for the sets forth the recently issued OIG on section 1834(a)(17) of the Social requisite written consent of a Medicare Updated Special Fraud Alert addressing Security Act, which prohibits suppliers beneficiary. telemarketing by durable medical of DME, except under limited Except in the three specific equipment (DME) suppliers. For the circumstances, from making unsolicited circumstances described in the statute, most part, OIG Special Fraud Alerts telephone calls to Medicare section 1834(a)(17)(A) prohibits address national trends in health care beneficiaries regarding the furnishing of unsolicited telemarketing by a DME fraud, including potential violations of a covered item, and possible supplier to Medicare beneficiaries, the anti-kickback statute for Federal telemarketing practices by DME whether contact with a beneficiary is health care programs. This Updated suppliers through the use of made by the supplier directly or by Special Fraud Alert updates the Special independent marketing firms. another party on the DME supplier’s Fraud Alert on Telemarketing by II. Updated Special Fraud Alert: behalf. Moreover, a DME supplier is Durable Medical Equipment Suppliers Telemarketing by Durable Medical responsible for verifying that marketing originally issued in March 2003 and Equipment Suppliers (November 2009; activities performed by third parties continues to highlight the statutory Original Published March 2003) with which the supplier contracts or provision prohibiting DME suppliers Section 1834(a)(17)(A) of the Social otherwise does business do not involve from making unsolicited telephone calls Security Act prohibits suppliers of prohibited activity and that information to Medicare beneficiaries regarding the durable medical equipment (DME) from purchased from such third parties was furnishing of a covered item. making unsolicited telephone calls to neither obtained, nor derived, from FOR FURTHER INFORMATION CONTACT: Medicare beneficiaries regarding the prohibited activity. If a claim for James A. Cannatti III, Senior Counsel, furnishing of a covered item, except in payment is submitted for items or Office of Counsel to the Inspector three specific situations: (i) The services generated by a prohibited General, (202) 205–0007. beneficiary has given written solicitation, both the DME supplier and SUPPLEMENTARY INFORMATION: permission to the supplier to make the telemarketer are potentially liable for criminal, civil, and administrative I. Background contact by telephone; (ii) the contact is regarding a covered item that the penalties for causing the filing of a false The Office of Inspector General (OIG) supplier has already furnished the claim, as well as criminal and civil was established at the Department of beneficiary; or (iii) the supplier has penalties for using interstate telephone Health and Human Services by Congress furnished at least one covered item to calls in furtherance of schemes to in 1976 to identify and eliminate fraud, the beneficiary during the preceding 15 defraud. waste, and abuse in the Department’s months. Section 1834(a)(17)(B) What To Do If You Have Information programs and to promote efficiency and specifically prohibits payment to a economy in departmental operations. About Fraud and Abuse Involving supplier that knowingly submits a claim Medicare or Medicaid Programs OIG carries out this mission through a generated pursuant to a prohibited If you have information about DME nationwide program of audits, telephone solicitation. Accordingly, investigations, and inspections. To suppliers or telemarketers engaging in reduce fraud and abuse in the Federal 1 All OIG Special Fraud Alerts are available on any of the activities described above, health care programs, including the OIG Web site at: http://oig.hhs.gov/fraud/ contact any of the regional offices of Medicare and Medicaid, OIG actively fraudalerts.asp. OIG, U.S. Department of Health and

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Human Services, at the following locations:

Regional offices States served Telephone

Boston ...... MA, CT, ME, NH, RI, VT ...... 617–565–2664 New York ...... NY, NJ, PR, VI ...... 212–264–1691 Philadelphia ...... PA, DE, DC, MD, VA, WV ...... 215–861–4586 Atlanta ...... AL, GA, KY, NC, SC, TN, MS ...... 404–562–7603 Chicago ...... IL, IN, MI, MN, OH, WI ...... 312–353–2740 Dallas ...... TX, LA, AR, OK, NM ...... 214–767–8406 Kansas City ...... MO, ND, SD, MT, KS, IA, CO, NE, UT, WY ...... 816–426–4000 San Francisco ...... No. CA, OR, WA, ID, AK ...... 415–437–7961 Los Angeles ...... So. CA, AZ, NV, HI ...... 714–246–8302 Miami ...... FL ...... 305–530–7756

Dated: December 14, 2009. Authority capture (by beach seine), mark (using Daniel R. Levinson, The issuance of permits and permit fin-clip), sample tissues (fin-clip and Inspector General. modifications, as required by the scales), and release CCC coho salmon [FR Doc. 2010–562 Filed 1–13–10; 8:45 am] Endangered Species Act of 1973 (16 smolts; (6) capture (by beach seine), mark (using fin-clip), sample tissues BILLING CODE 4152–01–P U.S.C. 1531–1543) (ESA), is based on a finding that such permits/modifications: (scales), and release CCC steelhead; and (7) sample tissues (fin-clip and scales) of (1) are applied for in good faith; (2) adult CCC coho salmon carcasses. would not operate to the disadvantage DEPARTMENT OF COMMERCE Permit 14516 authorizes of the listed species which are the unintentional lethal take of: juvenile subject of the permits; and (3) are and smolt CCC coho salmon and CCC National Oceanic and Atmospheric consistent with the purposes and Administration steelhead not to exceed 2 percent of the policies set forth in section 2 of the total number of fish captured for each ESA. Authority to take listed species is RIN 0648–XT65 life stage and species. Permit 14516 subject to conditions set forth in the does not authorize any lethal take of permits. Permits and modifications are adult ESA-listed salmonids. Endangered and Threatened Species; issued in accordance with and are Take of Anadromous Fish Permit 14516 is for research to be subject to the ESA and NMFS conducted in San Gregorio Creek AGENCY: National Marine Fisheries regulations (50 CFR parts 222–226) Lagoon, Pescadero Creek Lagoon, and Service (NMFS), National Oceanic and governing listed fish and wildlife multiple sites in the Gazos, Waddell and Atmospheric Administration (NOAA), permits. Scott creek watersheds (including their Commerce. Species Covered in This Notice lagoons) in San Mateo and Santa Cruz counties, California. The purpose of the ACTION: Notice; Issuance of a scientific This notice is relevant to federally research is to provide ESA-listed research permit. endangered Central California Coast salmonid population, distribution, and (CCC) coho salmon (Oncorhynchus habitat assessment data which will: (1) SUMMARY: Notice is hereby given that kisutch) and threatened Central continue long-term monitoring of CCC NMFS has issued Permit 14516 to Dr. California Coast (CCC) steelhead (O. coho salmon and CCC steelhead year Jerry Smith to take certain species of mykiss). California Coho and Steelhead Salmon class abundance, broodyear strength, for scientific research. The research will Permit Issued and population abundance in Gazos, allow enhanced monitoring and A notice of the receipt of an Waddell and Scott creek watersheds and management of these salmonid species.. application for a scientific research assess habitat quality and its effects on population dynamics; (2) seasonally ADDRESSES: The application, permit, permit (14516) was published in the Federal Register on August 17, 2009 (74 monitor salmonid use of Gazos, Waddell and related documents are available for and Scott creek lagoons to determine review by selecting ‘‘Records Open for FR 41373). Permit 14516 was issued to Dr. Smith on October 6, 2009. habitat utilization (upstream vs. lagoon) Public Comment’’ from the Features box and growth rates; and (3) monitor on the Applications and Permits for Permit 14516 authorizes: (1) capture (by backpack electrofishing and beach seasonal abundance and growth of Protected Species (APPS) home page, steelhead in Pescadero and San Gregorio https://apps.nmfs.noaa.gov, and then seine), handling, sample tissues (fin-clip and scales) and release of adult CCC lagoons and to acquire smolt and adult selecting File No. 14516 from the list of life history information from scales. The available documents. coho salmon; (2) capture (by backpack electrofishing and beach seine), issued permit does not include creel These documents are also available surveys at Pescadero Lagoon as upon written request or by appointment, handling, sample tissues (scales) and release of adult CCC steelhead; (3) requested by the applicant. Permit for Permit 14516: Protected Resources 14516 expires on November 30, 2014. Division, NMFS, 777 Sonoma Avenue, capture (by backpack electrofishing and Room 315, Santa Rosa, CA 95404 ph: beach seine), marking (using fin-clips), Dated: January 11, 2010. (707) 575–6097, fax: (707) 578–3435). sample tissues (fin-clip and scales), and Angela Somma, release juvenile CCC coho salmon; (4) Chief, Endangered Species Division, Office FOR FURTHER INFORMATION CONTACT: capture (by backpack electrofishing, of Protected Resources, National Marine Jeffrey Jahn at 707–575–6097, or e-mail: beach seine), handling, marking (using Fisheries Service. [email protected]. fin-clips), sample tissues (scales), and [FR Doc. 2010–581 Filed 1–13–10; 8:45 am] SUPPLEMENTARY INFORMATION: release of juvenile CCC steelhead; (5) BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE submitted in writing on or before 30 Dated: January 5, 2010. days after publication of this notice. David Westerholm, National Oceanic and Atmospheric Director, Office of Response and Restoration. Administration SUPPLEMENTARY INFORMATION: The overall goal of this project is to build a [FR Doc. 2010–563 Filed 1–13–10; 8:45 am] Notice of Availability of the Draft facility that will allow the Forest BILLING CODE 3S10–JE–P Environmental Assessment (Draft EA) Preserve District of DuPage County to for the Urban Stream Research Center meet its objectives to: 1. Augment the DEPARTMENT OF COMMERCE Proposed To Be Constructed in population densities and increase the Unincorporated Warrenville, IL and diversity of freshwater mussel and non- International Trade Administration Request for Comments game fish species that are in decline or [A–580–836] AGENCY: National Oceanic and extirpated in the West Branch of the Atmospheric Administration (NOAA), DuPage River, Certain Cut–to-Length Carbon–Quality Commerce. 2. Evaluate the success and impacts of Steel Plate from the Republic of Korea: ACTION: Notice of Availability of the ongoing habitat restoration and Extension of the Final Results of Draft Environmental Assessment (Draft remediation projects along the river, Antidumping Duty Administrative EA) for the Urban Stream Research thereby benefiting fresh water mussel Review Center proposed to be constructed in species, other wildlife, habitat areas, AGENCY: Import Administration, Unincorporated Warrenville, Illinois and public communities along the West International Trade Administration, and request for comments. Branch of the DuPage River, Department of Commerce. SUMMARY: The National Oceanic and 3. Improve the success of urban DATES: Effective Date: January 14, 2010. aquatic habitat restoration and Atmospheric Administration’s FOR FURTHER INFORMATION CONTACT: (NOAA’s) Office of Response and enhancement along the West Branch of Yang Jin Chun, AD/CVD Operations, Restoration is announcing that a the DuPage River, and Office 5, Import Administration, document entitled ‘‘Draft Environmental 4. Provide educational opportunities International Trade Administration, Assessment, Urban Stream Research for the public and other groups. U.S. Department of Commerce, 14th ’’ Center is available for public review The grant recipient, DuPage County Street and Constitution Avenue, NW, and comment. In this document, that Stormwater Management Division, Washington, DC 20230; telephone: (202) has been prepared under the proposes to construct a research and 482–5760. requirements of the National education center on the publicly owned SUPPLEMENTARY INFORMATION: Environmental Policy Act (42 USC 4321 Roy C. Blackwell Forest Preserve. The et seq.), NOAA presents the proposal to Background preferred alternative, Urban Stream construct an Urban Stream Research On September 24, 2009, the Center along the West Branch of the Research Center—New Constructed Facility, was created through input from Department of Commerce (the DuPage River in an unincorporated area Department) published the preliminary of Warrenville, Illinois. In the Draft EA, the Forest Preserve District of DuPage County, the public, and NOAA. results of the administrative review of NOAA considers and discloses any the antidumping duty order on certain potential significant impacts to the Currently there are no facilities within cut–to-length carbon–quality steel plate quality of the human environment that Illinois to support common freshwater from the Republic of Korea and intent may arise from the proposed project. mussel propagation and augmentation. to rescind the administrative review in The construction of the Urban Stream The Urban Stream Research Center will part. See Certain Cut–to-Length Carbon– Research Center is one component propagate and augment the population Quality Steel Plate From the Republic of ecological enhancement of a portion of densities and increase the diversity of Korea: Preliminary Results of the West Branch DuPage River, native freshwater mussel species and Antidumping Duty Administrative proposed to be funded in accordance non-game fish species. Additionally, the Review and Intent To Rescind with NOAA Grant Award No. Center will promote and encourage Administrative Review in Part, 74 FR FNA07NOS4630002, DuPage River interdisciplinary research between 48716 (September 24, 2009), as Restoration. The purpose of this Notice universities and local, state, and federal corrected in Certain Cut–to-Length is to inform the public of the availability conservation agencies (e.g., Forest Carbon–Quality Steel Plate from the of the Draft EA and seek public Preserve Distric of DuPage County, Republic of Korea: Correction to the comment on the proposed project. Natural History Survey, Illinois Preliminary Results of Antidumping FOR FURTHER INFORMATION CONTACT: For Department of Natural Resources, U.S. Duty Administrative Review and Intent further information contact Brendan Fish and Wildlife Service, U.S. to Rescind Administrative Review in Bray at 301–713–2989, ext. 122, by fax Geological Survey). Part, 74 FR 51834 (October 8, 2009). The at 301–713–4389, or e-mail at review covers the period February 1, [email protected]. Requests for The proposed project would not result 2008, through January 31, 2009. The copies of the Draft Environmental in significant adverse environmental final results of the review are currently Assessment should be sent to Brendan impacts. Short-term, temporary, and due no later than January 22, 2010. Bray of NOAA, 1305 East West localized construction-related impacts Highway, #10126, Silver Spring, MD to air quality and increases in noise Extension of Time Limit for Final 20910 or the document can be viewed from the use of construction equipment Results online at http:// are anticipated. However, over the long- Section 751(a)(3)(A) of the Tariff Act www.dupageco.orglswm. Written term, the Center would benefit fish and of 1930, as amended (the Act), requires comments on the plan should be sent to wildlife, help to enhance the area’s the Department to complete the final Brendan Bray of NOAA at the address natural resources, and provide results within 120 days after the date on listed above. Comments on the Draft opportunities for research and which the preliminary results are Environmental Assessment must be educational programs. published. If it is not practicable to

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complete the final results within this Magnesium International Co., Ltd. Dated: January 6, 2010. time period and if the Department did (‘‘TMI’’), requested a review on May 28, John M. Andersen, not extend the time for issuing the 2009. Alcoa Inc. (‘‘Alcoa’’), a U.S. Acting Deputy Assistant Secretary for preliminary results, section 751(a)(3)(A) consumer of pure magnesium and Antidumping and Countervailing Duty of the Act allows the Department to importer of the subject merchandise, Operations. extend the time limit for the completion requested a review of Tianjin Xianghaiqi [FR Doc. 2010–608 Filed 1–13–10; 8:45 am] of the final results to a maximum of 300 Resources Import & Export Trade Co., BILLING CODE 3510–DS–S days after the date on which the Ltd. (‘‘TXR’’) on May 29, 2009. preliminary results are published. Petitioner, US Magnesium LLC (‘‘US DEPARTMENT OF COMMERCE We determine that it is not practicable Magnesium’’) requested a review of TMI, to complete the final results of this TXR and Pan Asia Magnesium Co., Ltd. review within the original time limit International Trade Administration on June 1, 2009. The Department because of certain issues involving new published in the Federal Register a [A–427–801, A–428–801, A–475–801, A–588– factual information submitted in an 804, A–412–801] untimely manner. Therefore, we are notice of initiation of an administrative extending the time period for issuing review of TMI for the period May 1, Ball Bearings and Parts Thereof from the final results of this review by 31 2008, through April 30, 2009. See France, Germany, Italy, Japan, and the days until February 22, 2010. Initiation of Antidumping and United Kingdom: Extension of Time This notice is published in Countervailing Duty Administrative Limit for Preliminary Results of accordance with section 751(a)(3)(A) of Reviews and Requests for Revocation in Antidumping Duty Administrative the Act and 19 CFR 351.213(h)(2). Part, 74 FR 30052 (June 24, 2009). Reviews Currently, the preliminary results of Dated: January 8, 2010. AGENCY: Import Administration, review are due no later than January 31, John M. Andersen, International Trade Administration, 2010. Acting Deputy Assistant Secretary for Department of Commerce. Antidumping and Countervailing Duty Extension of Time Limit of Preliminary DATES: Effective Date: January 14, 2010. Operations. Results FOR FURTHER INFORMATION CONTACT: [FR Doc. 2010–582 Filed 1–13–10; 8:45 am] Yang Jin Chun, AD/CVD Operations, BILLING CODE 3510–DS–S Pursuant to section 751(a)(3)(A) of the Office 5, Import Administration, Tariff Act of 1930, as amended (‘‘the International Trade Administration, Act’’), the Department shall make a U.S. Department of Commerce, 14th DEPARTMENT OF COMMERCE preliminary determination in an Street and Constitution Avenue, NW, administrative review of an Washington, DC 20230; telephone: (202) International Trade Administration antidumping duty order within 245 482–5760. [A–570–832] days after the last day of the anniversary SUPPLEMENTARY INFORMATION: month of the date of publication of the Background Pure Magnesium from the People’s order. The Act further provides, Republic of China: Extension of Time however, that the Department may At the request of interested parties, for the Preliminary Results of the extend that 245-day period to 365 days the Department of Commerce (the Antidumping Duty Administrative if it determines it is not practicable to Department) initiated administrative Review complete the review within the reviews of the antidumping duty orders on ball bearings and parts thereof from AGENCY: Import Administration, foregoing time period. France, Germany, Italy, Japan, and the International Trade Administration, We determine that completion of the United Kingdom for the period May 1, Department of Commerce. preliminary results of this review within 2008, through April 30, 2009. See EFFECTIVE DATE: January 14, 2010. the 245-day period is not practicable Initiation of Antidumping and FOR FURTHER INFORMATION CONTACT: because the Department requires Countervailing Duty Administrative Laurel LaCivita, AD/CVD Operations, additional time to analyze information Reviews and Requests for Revocation in Office 8, Import Administration, pertaining to the respondent’s sales Part, 74 FR 30052 (June 24, 2009), as International Trade Administration, practices, factors of production, and to corrected in Initiation of Antidumping U.S. Department of Commerce, 14th issue and review responses to and Countervailing Duty Administrative Street and Constitution Avenue, NW, supplemental questionnaires. Therefore, Reviews and Deferral of Administrative Washington, DC 20230; telephone: (202) we require additional time to complete Review, 74 FR 37690 (July 29, 2009). 482–4243. these preliminary results. As a result, in The preliminary results of the reviews SUPPLEMENTARY INFORMATION: accordance with section 751(a)(3)(A) of are currently due no later than February Background the Act, the Department is extending the 1, 2010. time period for completion of the Extension of Time Limit for Preliminary On May 1, 2009, the Department of preliminary results of this review by 120 Commerce (‘‘the Department’’) published Results days until May 31, 2010. However, since in the Federal Register a notice for an Section 751(a)(3)(A) of the Tariff Act May 31, 2010, falls on a federal holiday, opportunity to request an administrative of 1930, as amended (the Act), requires a non–business day, the deadline for the review of the antidumping duty order the Department to complete the on pure magnesium from the People’s preliminary determination will now be preliminary results within 245 days Republic of China (‘‘PRC’’). See due no later than June 1, 2010, the next after the last day of the anniversary Antidumping or Countervailing Duty business day. month of an order for which a review Order, Finding, or Suspended This notice is published in is requested and the final results within Investigation; Opportunity to Request accordance with sections 751(a)(3)(A) 120 days after the date on which the Administrative Review, 74 FR 20278 and 777(i) of the Act. preliminary results are published. If it is (May 1, 2009). Respondent, Tianjin not practicable to complete the review

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within these time periods, section Background At the September 23–24, 2009, public 751(a)(3)(A) of the Act allows the NOAA promulgated an Ocean and meeting, the HSRP discussed the Department to extend the time limit for Coastal Mapping Contracting Policy in proposed draft NOAA Ocean and the preliminary results to a maximum of response to the Omnibus Public Land Coastal Mapping Contracting Policy and 365 days after the last day of the Management Act of 2009 (Pub. L. 111– made the following recommendation: anniversary month. 11), specifically the Ocean and Coastal ‘‘The HSRP finds that NOAA’s existing We determine that it is not practicable Mapping Integration Act (Act), 33 U.S.C. Hydrographic Services Contracting to complete the preliminary results of 3501 et seq., which states: ‘‘The Policy is fairly and adequately these reviews within the original time Administrator shall continue constructed. The HSRP recommends limit because we received requests from developing a strategy for expanding that NOAA limit revisions to the policy, several respondents for extension of contracting with non-governmental making only those precise language time to respond to our supplemental entities to minimize duplication and changes required to conform to the questionnaires and because we have take maximum advantage of non- Ocean and Coastal Mapping Integration ’’ scheduled verifications for several governmental capabilities in fulfilling Act. NOAA subsequently made limited respondents in these reviews which the Administration’s mapping and revisions to the 2006 policy. The intent have not yet been completed. Therefore, charting responsibilities.’’ House Report of the revisions is to broaden the scope we are extending the time period for 108–56, which accompanied the of the policy beyond hydrographic issuing the preliminary results of these FY2005 Consolidated Appropriations services to include other NOAA ocean reviews by 73 days until April 15, 2010. Act, had previously directed NOAA to and coastal mapping activities and to This notice is published in expand contracting with non- clarify some of the wording in the 2006 accordance with section 751(a)(3)(A) of governmental entities, but at that time, policy. the Act and 19 CFR 351.213(h)(2). Congress limited this to hydrographic Below is a summary of the substance Dated: January 8, 2010. services programs funded under the of responsive public comments received John M. Andersen, ‘‘Mapping and Charting’’ section of the and the resulting changes made to the NOAA Budget. The 2009 contracting Acting Deputy Assistant Secretary for policy based on those comments. Seven Antidumping and Countervailing Duty policy broadens the scope of NOAA’s sets of comments were received; Operations. contracting efforts beyond however, several comments were ‘‘ ’’ [FR Doc. 2010–585 Filed 1–13–10; 8:45 am] hydrographic services to include considered non-responsive to the draft ‘‘ocean and coastal mapping’’ services as BILLING CODE 3510–DS–S policy. defined in the Act. Public comments were received that NOAA primarily utilized the expressed concern that the revised DEPARTMENT OF COMMERCE Hydrographic Services Review Panel language would potentially establish a (HSRP), a Federal Advisory Committee, new policy rationale and justification to National Oceanic and Atmospheric and the public comment process to avoid contracting, decrease contract Administration reevaluate its 2006 Hydrographic support, or increase the opportunity for Services Contracting Policy. NOAA first funds to be used by NOAA to compete Notice of Availability of Final sought input from the HSRP on the with private industry. However, the Contracting Policy revised policy during a June 22, 2009, revised policy does not reflect a change open public meeting/teleconference. in NOAA’s intent, which remains to AGENCY: National Ocean Service, During the meeting, the HSRP requested contract for ocean and coastal mapping National Oceanic and Atmospheric more time to review the revised policy services when contracting is determined Administration (NOAA), Department of and asked to have the topic discussed at to be a cost-effective method of Commerce. the next regularly-scheduled meeting. obtaining these services and to the ACTION: Notice of Availability of Final NOAA placed the topic on the agenda extent funding is available. NOAA Ocean and Coastal Mapping for the September 23–24, 2009, HSRP Public comments were received that Contracting Policy. meeting in Duluth, Minnesota. In the included concern over draft language interim, NOAA published an August 19, that three conditions must be satisfied SUMMARY: The NOAA National Ocean 2009, notice in the Federal Register before NOAA contracted for ocean and Service is publishing the NOAA Ocean seeking public comment on the draft coastal mapping services: the existence and Coastal Mapping Contracting policy and providing a Web page of qualified commercial sources, when Policy. This replaces the 2006 NOAA whereby the public could review contracting is determined to be the most Hydrographic Services Contracting additional relevant documents, cost-effective method of conducting Policy. including the 2006 policy, a summary of these functions, and funding is DATES: No comments are solicited proposed changes, and the Act. In available. After consideration, NOAA through this notice. addition to this public comment period, retained these conditions in the policy. the public had an opportunity to Public comments were received that FOR FURTHER INFORMATION CONTACT: provide both written and verbal included positive feedback concerning Roger L. Parsons, NOAA, Office of Coast comment at the June 22, 2009, and NOAA’s use of Title IX of the Federal Survey, National Ocean Service (NOS), September 23—24, 2009, HSRP open Property and Administrative Services NOAA (N/CS), 1315 East West Highway, public meetings. The Federal Register Act (Brooks Act). It was requested that Silver Spring, Maryland 20910; Notices announcing these two meetings, NOAA provide clarification in the Telephone: 301–713–2776 x205, e-mail: published on June 3, 2009, June 9, 2009, policy of the statement ‘‘where [email protected]. and September 2, 2009, stated the otherwise deemed appropriate’’ when SUPPLEMENTARY INFORMATION: The opportunities to provide both written applying Title IX. NOAA believes the contracting policy for ocean and coastal and verbal comment at the two policy, as written, is clear. NOAA will mapping services within the National meetings. Written public comments procure the acquisition of hydrographic Oceanic and Atmospheric were distributed to the members of the data in accordance with Title IX. When Administration is final. HSRP. procuring the acquisition of data that

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are not considered hydrographic data, For the purposes of this policy and as (3) conduct basic research and NOAA will, in compliance with the defined in the Ocean and Coastal development and ensure the rapid Federal Acquisition Regulations, use its Mapping Integration Act, the term transfer of derived technologies to the discretion in determining the most ‘‘ocean and coastal mapping’’ includes private sector; and (4) maintain the appropriate contracting vehicle to use, the acquisition, processing, and integrity and accuracy of Federal including Title IX. management of physical, biological, geodetic, navigational, and other Public comments were received that geological, chemical, and archeological databases. included concern over the removal of a characteristics and boundaries of ocean To facilitate the leveraging of reference to NOAA’s annual and coastal areas. This also includes government mapping resources, NOAA hydrographic training and field hydrographic services. As defined in the will continue to make its coastal procedures workshops. This section was Hydrographic Services Improvement geospatial and hydrographic services removed from the policy because it was Act, the term ‘‘hydrographic services’’ contracts with private-sector companies not directly related to the contracting means the management, maintenance, available to State and local government process; however, it is NOAA’s intent to interpretation, certification, and entities that have a need for the services invite NOAA contractors to future dissemination of bathymetric, provided by these contracts and can workshops. Also, as stated in the policy, hydrographic, shoreline, geodetic, provide adequate funding. future training opportunities for geospatial, geomagnetic, tide and water NOAA may task qualified commercial contractors are envisioned at NOAA’s level, and current information, sources with ocean and coastal mapping Ocean and Coastal Mapping Training including the production of nautical services in any part of the U.S. Center, once established. charts, nautical information, databases, Exclusive Economic Zone, territorial Public comments were received that and other products derived from sea, Great Lakes, inland waters, and expressed concern over draft language hydrographic data. It is NOAA’s intent coastal watersheds for any mission- which provided examples of mapping to advance contracting and adhere to the related purpose. The government’s activities that NOAA considers principles of this policy to meet its interests in and responsibilities for inherently governmental. After review, diverse ocean and coastal mapping mapping vary broadly and experience NOAA concurred that several of the requirements. has shown that maintaining flexibility is draft examples were not inherently It is the intent of NOAA to contract key to responding to the nation’s governmental and therefore eliminated for ocean and coastal mapping services changing needs for geospatial data. those from the final policy. when such contracts are determined to Ancillary Statements and Actions be a cost-effective method of obtaining NOAA Ocean and Coastal Mapping As recommended by the Contracting Policy these services and to the extent funding is available. NOAA will procure ocean Hydrographic Services Review Panel, The National Oceanic and NOAA will continue to utilize a mix of and coastal mapping services from Atmospheric Administration (NOAA) in-house and private-sector resources to qualified sources in accordance with its recognizes that qualified commercial accomplish its ocean and coastal legal authorities, the Federal sources can provide competent, mapping missions. Costs and Acquisition Regulations (FAR), and the professional, and cost-effective ocean productivity will be monitored within Federal Property and Administrative and coastal mapping services and each category (i.e., public and private) to Services Act of 1949 (40 U.S.C. 101 et expertise to NOAA in support of its ensure best use of mapping resources. seq.). Where required by law or where diverse mapping missions. NOAA also NOAA will continue to seek the optimal otherwise deemed appropriate, NOAA recognizes that providing mapping resource allocation between in-house will procure the acquisition of services is a core mission requirement of and private-sector resources based on hydrographic data 1 NOAA under the 1947 Coast and in accordance with the strength of the governmental Geodetic Survey Act, Hydrographic Title IX of the Federal Property and interest, the total requirement for ocean Administrative Services Act (40 U.S.C. Services Improvement Act of 1998 (as 2 and coastal mapping services, and the amended), and other laws and 1101 et seq.). particular operational capabilities of NOAA may determine that a authorities. In the interest of public and either government or private-sector particular ocean and coastal mapping environmental safety and the resources that may make one resource activity is inherently governmental or furtherance of scientific knowledge, the more suitable for a given situation. otherwise not subject to contracting. Federal Government’s responsibility for NOAA will continue to examine ways NOAA ocean and coastal mapping executing its ocean and coastal mapping to improve its contracting processes, activities not subject to contracting may missions is manifest and non-delegable. including minimizing the turnover include, but are not limited to, services However, it is incumbent upon NOAA, frequency of contracting personnel and necessary to: (1) Monitor the quality of as recommended by the Hydrographic reducing the length of time required to NOAA products; (2) promulgate and Services Review Panel, a Federal award contracts and task orders. NOAA promote national and international Advisory Committee, to maintain will continue to offer debriefings to technical standards and specifications; operational ocean and coastal mapping successful and unsuccessful contractors core capabilities and supplement its after final contractor selection has been 1 Hydrographic data means information that is operational capacity by contracting for acquired through hydrographic, bathymetric, made in order to assist contractors with ocean and coastal mapping services photogrammetric, lidar, radar, remote sensing, or identifying significant weaknesses or where appropriate and to the extent of shoreline and other ocean- and coastal-related deficiencies in their submissions. available funding. surveying; geodetic, geospatial, or geomagnetic NOAA will continue with its efforts to measurements; tide, water level, and current This policy statement documents the observations; and is used in providing hydrographic establish an Ocean and Coastal Mapping framework and conditions under which services. Training Center, which, as conceived, contracting will be employed to ensure 2 Commonly known as the ‘‘Brooks Act’’ or A&E will support NOAA’s in-house an open and consistent approach. To (Architectural or Engineering) contracting services, hydrographic and acoustic surveying Title IX contracts are negotiated and awarded on support this policy, NOAA will the basis of demonstrated competence and training requirements. In addition, the maintain a dialogue with private sector qualifications (qualification-based selections or Center would provide training to NOAA organizations and constituent groups. QBS) as opposed to price. and private sector contractors in

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techniques, standards, and technologies a. Executive Director’s Report The SSC agenda will include the that support NOAA’s many ocean and (including report on catch shares and following issues: coastal mapping activities. Such marine spatial planning) 1. C–5 (a) Amendment 80 Lost Vessel training would be beneficial to current b. NMFS Management Report replacement or prospective NOAA contractors c. Alaska Department of Fish and 2. C–3 (a, b, c, d) BSAI Crab Issues seeking to improve their capabilities Game (ADF&G) Report 3. C–4 Groundfish ACLs and proposal submissions. d. International Pacific Halibut 4. D–2 Data Collection Commission (IPHC) Report 5. D–3(a, b, c) Groundfish Issues Dated: January 7, 2010. e. U.S. Coast Guard Report 6. National Standard 2 Guidelines David M. Kennedy, f. NMFS Enforcement Report/Alaska The Advisory Panel will address most Acting Assistant Administrator, National Fisheries Science Center (AFSC) Report of the same agenda issues as the Ocean Service, National Oceanic and g. U.S. Fish & Wildlife Service Report Council, except for # 1 reports. The Atmospheric Administration. h. Protected Species Report (including Agenda is subject to change, and the [FR Doc. 2010–564 Filed 1–13–10; 8:45 am] update on Biological Opinion and latest version will be posted at http:// BILLING CODE 3510–JE–P Center for Independent Experts review www.alaskafisheries.noaa.gov/npfmc/ and seabird update) Although non-emergency issues not 2. Halibut/Sablefish Individual contained in this agenda may come DEPARTMENT OF COMMERCE Fishing Quotas (IFQs) Program: Review before the Council for discussion, those proposals, receive committee report, issues may not be the subject of formal National Oceanic and Atmospheric and take action as necessary; review action during these meetings. Action Administration discussion paper on Community Quota will be restricted to those issues RIN 0648–XT73 Entity Program. specifically listed in this notice and any 3. Observer Program: Progress on issues arising after publication of this North Pacific Fishery Management Implementation Plan; Progress on notice that require emergency action Council; Public Meetings Implementation Plan; Observer under section 305(c) of the Magnuson- AGENCY: National Marine Fisheries Advisory Committee report. Stevens Fishery Conservation and Service (NMFS), National Oceanic and 4. Bering Sea Aleutian Island (BSAI) Management Act, provided the public Atmospheric Administration (NOAA), Crab Issues: Initial review BSAI Crab has been notified of the Council’s intent Commerce. Right of First Refusal; Initial review to take final action to address the Western Aleutian Golden King Crab emergency. ACTION: Notice of public meetings. Regional Delivery; NOAA/Bering Sea Special Accommodations SUMMARY: The North Pacific Fishery Fisheries Foundation cooperative Management Council (Council) and its survey report; review methodology for These meetings are physically advisory committees will hold public Annual Catch Limits (ACLs) analysis accessible to people with disabilities. meetings in Portland, OR. and performance measures for Requests for sign language interpretation or other auxiliary aids DATES: The meetings will be held rebuilding (SSC only). should be directed to Gail Bendixen at February 8–16, 2010. The Council will 5. Groundfish ACLs: Initial review of (907) 271–2809 at least 7 working days begin its plenary session at 8 a.m. on Groundfish ACL requirements. prior to the meeting date. Wednesday, February 10 continuing 6. Amendment 80 Cooperatives: through Tuesday, February 16. The Initial review of Amendment 80 Lost Dated: January 8, 2010. Council’s Advisory Panel (AP) will Vessel Replacement; Final action William D. Chappell, Amendment 80 Cooperative Formation. begin at 8 a.m., Monday, February 8 and Acting Director, Office of Sustainable 7. Gulf of Alaska (GOA) Rockfish continue through Friday, February 12. Fisheries, National Marine Fisheries Service. Program: Receive 2009 Cooperative The Scientific and Statistical Committee [FR Doc. 2010–492 Filed 1–13–10; 8:45 am] Report; Refine alternatives for analysis. (SSC) will begin at 8 a.m. on Monday, BILLING CODE 3510–22–S 8. American Fisheries Act (AFA): February 8 and continue through Receive 2009 Cooperative reports and Wednesday, February 10, 2010. The 2010 Cooperative agreements. Enforcement Committee will meet DEPARTMENT OF COMMERCE 9. Data Collection Discussion paper: Tuesday, February 9 from 1 p.m. to 5 Review discussion paper and take p.m. All meetings are open to the National Oceanic and Atmospheric action as necessary. Administration public, except executive sessions. 10. Miscellaneous Issues: Review of ADDRESSES: The meetings will be held at analytical methods for BSAI Chum RIN 0648–XT75 the Benson Hotel, 309 SW Broadway, salmon bycatch (SSC only); review new New England Fishery Management Portland, OR 97205. area closure options for chum salmon Council; Public Hearings Council address: North Pacific bycatch alternatives; review preliminary Fishery Management Council, 605 W. Essential Fish Habitat (EFH) report (SSC AGENCY: National Marine Fisheries 4th Avenue, Suite 306, Anchorage, AK only); review and adopt Habitats Areas Service (NMFS), National Oceanic and 99501–2252. of Particular Concern (HAPC) criteria Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: and schedule; report and action as Commerce. David Witherell, Council staff, necessary on Aleutian Island Fishery ACTION: Monkfish Fishery Management telephone: (907) 271–2809. Ecosystem Plan Addendum; review Plan Amendment 5; Public Hearings; SUPPLEMENTARY INFORMATION: Council discussion paper on stranding of BSAI Request for Comments. Plenary Session: The agenda for the Pacific cod total allowable catch (T); Council’s plenary session will include review discussion paper on halibut PSC SUMMARY: The New England Fishery the following issues. The Council may limits (T). Management Council (Council) will take appropriate action on any of the 11. Staff Tasking: Review Committees hold six public hearings to solicit issues identified. and tasking. comments on proposals to be included 1. Reports: 12. Other Business in the Draft Amendment 5 to the

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Monkfish Fishery Management Plan vessels fishing in groundfish sectors Dated: January 8, 2010. (FMP). who would no longer be required to use William D. Chappell, DATES: Written comments must be their allocated groundfish DAS, to Acting Director, Office of Sustainable received on or before 5 p.m. EST, March require all limited access monkfish Fisheries, National Marine Fisheries Service. 5, 2010. The public hearings will be vessels to use a VMS when on a [FR Doc. 2010–507 Filed 1–13–10; 8:45 am] held from February 8, 2010 to March 5, monkfish DAS, and to allow the landing BILLING CODE 3510–22–S 2010. For specific dates and times, see of monkfish heads. SUPPLEMENTARY INFORMATION. The public hearing document, as well DEPARTMENT OF COMMERCE ADDRESSES: The Council will take as the draft Amendment 5 document incorporating an Environmental comments at public meetings in International Trade Administration Fairhaven, MA; Gloucester, MA; Assessment, is available on the Cambridge, MD; Riverhead, NY; Monkfish page of the Council(s website [A–570–847] Lakewood, NJ and Rockport, ME. For (www.nefmc.org) or from the Council Persulfates From the People’s specific locations, see SUPPLEMENTARY office. Republic of China: Notice of INFORMATION. Written comments should After the close of the public comment be sent to Patricia Kurkul, Regional period, the Monkfish Oversight Rescission of the 2008–2009 Administrator, National Marine Committee and Industry Advisory Panel Administrative Review of the Fisheries Service, 55 Great Republic will review the comments and develop Antidumping Duty Order Drive, Gloucester, MA 01930. recommendations to the New England AGENCY: Import Administration, Comments may also be sent via fax to and Mid-Atlantic Fishery Management International Trade Administration, (978) 281–9135 or submitted via e-mail Councils on the measures to be Department of Commerce. to [email protected] with submitted as final action for DATES: Effective Date: January 14, 2010. Amendment 5. The Councils will make (Monkfish Amendment 5 Public Hearing FOR FURTHER INFORMATION CONTACT: Comments) in the subject line. Requests their decisions in April, 2010 for Brandon Petelin, AD/CVD Operations, for copies of the public hearing submission to the National Marine Office 8, Import Administration, document and other information should Fisheries Service (NMFS). If approved International Trade Administration, be directed to Paul J. Howard, Executive by NMFS, Amendment 5 will take effect U.S. Department of Commerce, 14th Director, New England Fishery at the start of the 2011 fishing year. Street and Constitution Avenue, NW., Management Council, 50 Water Street, The dates, times, locations and Washington, DC 20230; telephone: (202) Mill 2, Newburyport, MA 01950; telephone numbers of the hearings are 482–8173. telephone: (978) 465–0492. as follows: FOR FURTHER INFORMATION CONTACT: Paul Monday, February 8, 2010 at 1 p.m. - Background J. Howard, Executive Director, New Hampton Inn, One Hampton Way, On July 1, 2009, the Department of England Fishery Management Council; Fairhaven, MA 02719; telephone: (508) Commerce (‘‘the Department’’) published telephone: (978) 465–0492. 990–8500; a notice of opportunity to request an SUPPLEMENTARY INFORMATION: The New Tuesday, February 9, 2010 at 1 p.m. administrative review of the England Fishery Management Council’s - Massachusetts Department of Marine antidumping duty order on persulfates Monkfish Committee is holding public Fisheries Annisquam River Station, 30 from the People’s Republic of China hearings for Amendment 5 to the Emerson Avenue, Gloucester, MA (‘‘PRC’’). See Antidumping or Monkfish Fishery Management Plan 01930; telephone: (978) 282–0308; Countervailing Duty Order, Finding, or (FMP). The primary purpose of this Thursday, February 11, 2010 at 8 a.m. Suspended Investigation; Opportunity amendment is to address the new - Hyatt Regency Chesapeake Bay Hotel, to Request Administrative Review, 74 requirements of the Magnuson-Stevens 100 Heron Boulevard at Route 50, FR 31406 (July 1, 2009). On July 31, Fishery Conservation and Management Cambridge, MD 21613; telephone: (410) 2009, FMC Corporation (‘‘FMC’’), a Reauthorization Act that the Council 901–1234; domestic producer of persulfates, adopt Annual Catch Limits (ACLs) and Wednesday, February 24, 2010 at 1:30 requested that the Department conduct Accountability Measures (AMs) and p.m. - Holiday Inn Express East End, an administrative review of Shanghai AJ manage the fishery at long-term 1707 Old Country Road, Riverhead, NY Import & Export Corporation—United sustainable levels. According to the Act, 11901; telephone: (631) 548–1000; Initiators (Shanghai) Co., Ltd.’s exports these measures must be adopted by to the United States for the period of 2011. Amendment 5 will also include Thursday, February 25, 2010 at 9 a.m. - Hilton Garden Inn, 1885 Route 70, review (‘‘POR’’) July 1, 2008, through revised biological and management June 30, 2009. Pursuant to this request, reference points to bring the FMP into Lakewood, NJ 08701; telephone: (732) 262–5232; the Department published a notice of compliance with revised National the initiation of the administrative Friday, March 5, 2010 at 9 a.m. - Standard 1 Guidelines. Further, review of the antidumping duty order Samoset Resort, 220 Warrenton Street, Amendment 5 will specify total on persulfates from the PRC. See Rockport, ME 04856; telephone: (207) allowable catch targets and associated Initiation of Antidumping and 594–2511. days-at-sea (DAS) and trip limits for the Countervailing Duty Administrative directed fishery to supplant the current Special Accommodations Reviews and Request for Revocation in specifications that it adopted for the Part, 74 FR 42873 (August 25, 2009). 2007–09 fishing years along with an These hearings are physically extension provision which will apply accessible to people with physical Rescission of Review for the 2010 fishing year. Amendment 5 disabilities. Requests for sign language Pursuant to 19 CFR 351.213(d)(1), the contains proposals to make interpretation or other auxiliary aids Department will rescind an modifications to the FMP to improve the should be directed to Paul J. Howard administrative review, in whole or in Research Set-Aside (RSA) Program, to (see ADDRESSES) at least 5 days prior to part, if a party that requested a review minimize bycatch resulting from trip the meeting date. withdraws the request within 90 days of limit overages, to accommodate those Authority: 16 U.S.C. 1801 et seq. the date of publication of the notice of

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initiation. On December 23, 2009, FMC Dated: January 8, 2010. FOR FURTHER INFORMATION CONTACT: To timely withdrew its request for a review, John M. Andersen, request more information on this and no other interested party requested Acting Deputy Assistant Secretary for proposed information collection or to a review of this company.1 Therefore, Antidumping and Countervailing Duty obtain a copy of the proposal and the Department is rescinding this Operations. associated collection instruments, administrative review of the [FR Doc. 2010–584 Filed 1–13–10; 8:45 am] please write to Naval Health Research antidumping duty order on persulfates BILLING CODE 3510–DS–P Center, DoD Center for Deployment from the PRC covering the period July Health Research, Department 164, 1, 2008, through June 30, 2009, in ATTN: Tyler C. Smith, MS, PhD., 140 accordance with 19 CFR 351.213(d)(1). DEPARTMENT OF DEFENSE Sylvester Rd., San Diego, CA, 92106– 3521, or call (619) 553–7593. Assessment Office of the Secretary Title; Associated Form; and OMB The Department will instruct U.S. [Docket ID: DOD–2010–HA–0001] Number: Prospective Department of Defense Studies of U.S. Military Forces: Customs and Border Protection (‘‘CBP’’) Proposed Collection; Comment The Millennium Cohort Study—OMB to assess antidumping duties on all Request #0720–0029. appropriate entries. Antidumping duties shall be assessed at rates equal to the AGENCY: Office of the Assistant Needs and Uses: The Millennium cash deposit of estimated antidumping Secretary of Defense for Health Affairs, Cohort Study responds to recent duties required at the time of entry, or DoD. recommendations by Congress and by the Institute of Medicine to perform withdrawal from warehouse, for ACTION: Notice. investigations that systematically collect consumption, in accordance with 19 population-based demographic and CFR 351.212(c)(1)(i). The Department SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork health data so as to track and evaluate intends to issue appropriate assessment the health of military personnel instructions directly to CBP 15 days Reduction Act of 1995, the Office of the Assistant Secretary of Defense for throughout the course of their careers after the publication of this notice in the and after leaving military service. The Federal Register. Health Affairs announces the proposed extension of a public information Millennium Cohort Study will also Notification to Interested Parties collection and seeks public comment on evaluate family impact by adding a the provisions thereof. Comments are spouse assessment component to the This notice serves as a final reminder invited on: whether the proposed Cohort, called the Millennium Cohort to importers of their responsibility collection of information is necessary Family Study. under 19 CFR 351.402(f)(2) to file a for the proper performance of the Affected Public: Civilians, formerly certificate regarding the reimbursement functions of the agency, including Active Duty and activated Reservists in of antidumping duties prior to whether the information shall have the U.S. Military, who enrolled and liquidation of the relevant entries practical utility; the accuracy of the participated in Panels 1, 2, and 3 of the during this review period. Pursuant to agency’s estimate of the burden of the Millennium Cohort Study, and civilians 19 CFR 351.402(f)(3), failure to comply proposed information collection; ways who elect to participate in the with this requirement could result in to enhance the quality, utility, and Millennium Cohort Family Study. the Secretary’s presumption that clarity of the information to be Annual Burden Hours: 33,824. reimbursement of antidumping duties collected; and ways to minimize the Number of Respondents: 45,099. occurred and the subsequent assessment burden of the information collection on Responses per Respondent: 1. of doubled antidumping duties. respondents, including through the use of automated collection techniques or Average Burden per Response: 45 This notice also serves as a reminder other forms of information technology. minutes. to parties subject to administrative protective order (‘‘APO’’) of their DATES: Consideration will be given to all Frequency: every 3 years. comments received by March 15, 2010. responsibility concerning the SUPPLEMENTARY INFORMATION: disposition of proprietary information ADDRESSES: You may submit comments, Summary of Information Collection disclosed under APO, in accordance identified by docket number and title, with 19 CFR 351.305 and as explained by any of the following methods: • Persons eligible to respond to this in the APO itself. Timely written Federal eRulemaking Portal: http:// survey are those civilians now separated notification of the return/destruction of www.regulations.gov. Follow the from military service who initially APO materials or conversion to judicial instructions for submitting comments. enrolled, gave consent and participated • Mail: Federal Docket Management protective order is hereby requested. in the Millennium Cohort Study while System Office, 1160 Defense Pentagon, Failure to comply with the regulations on active duty in the Army, Navy, Air Washington, DC 20301–1160. Force, Marine Corps or U.S. Coast Guard and the terms of an APO is a Instructions: All submissions received sanctionable violation. during the first, second, or third panel must include the agency name, docket enrollment periods in 2001–2003, 2004– This notice is in accordance with number and title for this Federal 2006, or 2007–2008 respectively, as well section 777(i)(1) of the Tariff Act of Register document. The general policy as civilians that choose to participate in 1930, as amended, and 19 CFR for comments and other submissions the Millennium Cohort Family Study. 351.213(d)(4). from members of the public is to make these submissions available for public Dated: January 8, 2010. viewing on the Internet at http:// Mitchell S. Bryman, Alternate OSD Federal Register Liaison 1 On November 16, 2009, in response to a request www.regulations.gov as they are Officer, Department of Defense. from FMC, the Department extended the deadline received without change, including any for FMC to withdraw its review request from personal identifiers or contact [FR Doc. 2010–471 Filed 1–13–10; 8:45 am] November 23, 2009, until December 23, 2009. information. BILLING CODE 5001–06–P

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DEPARTMENT OF DEFENSE Open discussion on career 1972, the public or interested development: Branching and organizations may submit written Office of the Secretary Assignments. statements to the Military Leadership Diversity Commission about its mission 12 p.m. Military Leadership Diversity and functions. Written statements may Commission (MLDC); Meeting DFO recesses the meeting. be submitted at any time or in response AGENCY: Office of the Under Secretary of 1 p.m.–5:30 p.m. to the stated agenda of a planned meeting of the Military Leadership Defense for Personnel and Readiness, DFO opens meeting; DoD. Diversity Commission. Open discussion on career All written statements shall be ACTION: Meeting notice. development: Diversity Management submitted to the Designated Federal and Training; Officer for the Military Leadership SUMMARY: Under the provisions of the Open discussion on Promotion; Federal Advisory Committee Act of Diversity Commission (see FOR FURTHER Open discussion on Retention; INFORMATION CONTACT), and this 1972 (5 U.S.C., Appendix, as amended), Commission Chairman closing remarks. the Government in the Sunshine Act of individual will ensure that the written 1976 (5 U.S.C. 552b, as amended), and 5:30 p.m. statements are provided to the membership for their consideration. 41 CFR 102–3.150, the Department of DFO adjourns the meeting. Defense announces that the Military Contact information for the Designated Leadership Diversity Commission February 12, 2010 Federal Officer can be obtained from the GSA’s FACA Database—https:// (MLDC) will meet from February 10–12, 8 a.m.–12 p.m. 2010. Subject to the availability of www.fido.gov/facadatabase/public.asp. space, the February 11 and 12 meetings DFO opens the meeting; Statements being submitted in will be open to the public. Commission Chairman opening response to the agenda mentioned in remarks; this notice must be received by the DATES: The meeting will be held: Briefings from the Office of the Designated Federal Officer at least five 7:30 p.m. to 8:30 p.m., February 10, Secretary of Defense (OSD) and calendar days prior the meeting which 2010 Administrative Working Service representatives from is the subject of this notice. Written Meeting; organizations responsible for statements received after this date may 8 a.m. to 5:30 p.m., February 11, 2010; Implementation and Accountability; not be provided to or considered by the 8 a.m. to 5:30 p.m., February 12, 2010. General George W. Casey, Jr., Chief of Military Leadership Diversity ADDRESSES: The meeting will be held at Staff of the U.S. Army, addresses the Commission until its next meeting. the Crowne Plaza Hampton Marina MLDC. The Designated Federal Officer will Hotel, 700 Settlers Landing Road, 12 p.m. review all timely submissions with the Hampton, VA 23669. Military Leadership Diversity DFO recesses the meeting. FOR FURTHER INFORMATION CONTACT: Commission Chairperson and ensure Master Chief Steven A. Hady, 1 p.m.–5:30 p.m. they are provided to all members of the Military Leadership Diversity Designated Federal Officer, MLDC, at Briefings from OSD and Service (703) 602–0838 or (571) 882–0140, 1851 Commission before the meeting that is representatives from organizations the subject of this notice. South Bell Street, Suite 532, Arlington, responsible for Implementation and Va. E-mail [email protected]. Accountability (continued); Dated: January 8, 2010. SUPPLEMENTARY INFORMATION: The Mr. J. T. (Ted) Childs Jr. addresses Mitchell S. Bryman, purpose the meeting is for the MLDC; Alternate OSD Federal Register Liaison commissioners of the Military Briefings from Service representatives Officer, Department of Defense. Leadership Diversity Commission to from organizations responsible for [FR Doc. 2010–472 Filed 1–13–10; 8:45 am] continue their efforts to address Implementation and Accountability BILLING CODE 5001–06–P congressional concerns as outlined in (continued); the commission charter. Commission Chairman closing remarks. DEPARTMENT OF DEFENSE Agenda 5:30 p.m. February 10, 2010 Administrative DFO adjourns the meeting. Office of the Secretary Working Meeting (Closed to the Public) Public’s Accessibility to the Meeting [Docket ID: DOD–2010–OS–0002] 7:30 p.m.–8:30 p.m. Pursuant to 5 U.S.C. 552b and 41 CFR Privacy Act of 1974; Systems of DFO opens meeting; 102–3.140 through 102–3.165, and the Records Discussion led by DFO on committee availability of space, the meetings on AGENCY: Defense Finance and process management; February 11 and 12, 2010, will be open Accounting Service, DoD. DFO adjourns the meeting. to the public. However, pursuant to 41 CFR ACTION: Notice to alter a system of February 11, 2010 3.160(b), the Administrative Working records. 8 a.m.–12 p.m. Meeting on February 10, 2010 shall be closed to the public. SUMMARY: The Defense Finance and DFO opens the meeting; Please note that the availability of Accounting Service (DFAS) is proposing Commission Chairman opening seating is on a first-come basis. to alter a system of records notice in its remarks; inventory of record systems subject to ADM John C. Harvey, Jr., Commander, Written Statements the Privacy Act of 1974 (5 U.S.C. 552a), U.S. Fleet Forces Command, Pursuant to 41 CFR 102–3.105(j) and as amended. addresses the MLDC; 102–3.140, and section 10(a)(3) of the DATES: This action will be effective Open discussion on legal implications; Federal Advisory Committee Act of without further notice on February 16,

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2010 unless comments are received that SYSTEM LOCATION: institution accounts prior to issuing an would result in a contrary Delete entry and replace with electronic payment.’’ determination. ‘‘Defense Information Systems Agency ROUTINE USES OF RECORDS MAINTAINED IN THE (DISA), Defense Enterprise Computing ADDRESSES: You may submit comments, SYSTEM, INCLUDING CATEGORIES OF USERS AND Center (DECC) Ogden, Building 981, identified by docket number and title, THE PURPOSES OF SUCH USES: Southwest Dock, 7879 Wardleigh Road, by any of the following methods: Under State Guard Units, add routine Hill AFB, UT 84056–5997. * Federal Rulemaking Portal: http:// use ‘‘To State Guard Units for the Defense Information Systems Agency purposes of making electronic payments www.regulations.gov. Follow the (DISA), Defense Enterprise Computing instructions for submitting comments. to guard members who are on State duty Center (DECC) Mechanicsburg—Bldg during times of emergency.’’ * Mail: Federal Docket Management 308, Naval Support Activity (NSA), * * * * * System Office, 1160 Defense Pentagon, 5450 Carlisle Pike, Mechanicsburg, PA Washington, DC 20301–1160. 17050–2411. RETRIEVABILITY: Instructions: All submissions received Defense Finance and Accounting Delete entry and replace with must include the agency name and Service, Columbus, P.O. Box 182317 ‘‘Retrieved by name, Social Security docket number for this Federal Register Columbus, OH 43218–2317. Number or taxpayer identification document. The general policy for Defense Finance and Accounting number’’. comments and other submissions from Service, Cleveland, 1240 E. 9th Street, * * * * * members of the public is to make these Cleveland, OH 44199–8002. submissions available for public Defense Finance and Accounting RETENTION AND DISPOSAL: viewing on the Internet at http:// Service, Indianapolis, 8899 E. 56th St., Add after the first sentence, ‘‘Records www.regulations.gov as they are Indianapolis, IN 46249–0100. are disposed of by burning, shredding, received without change, including any Defense Finance and Accounting or degaussing electronic media.’’ personal identifiers or contact Service, Rome, 325 Brooks Road, Rome, * * * * * information. NY 13441–4527. Defense Finance and Accounting NOTIFICATION PROCEDURES: FOR FURTHER INFORMATION CONTACT: Ms. Service, Limestone, 27 Arkansas Road, Delete entry and replace with Linda Krabbenhoft at (720) 242–6631. Limestone, ME 04751–6216.’’ ‘‘Individuals seeking to determine SUPPLEMENTARY INFORMATION: The whether information about themselves CATEGORIES OF INDIVIDUALS COVERED BY THE Defense Finance and Accounting is contained in this system of records SYSTEM: Service notices for systems of records should address written inquiries to the subject to the Privacy Act of 1974 (5 Add on the second line after ‘‘retired Defense Finance and Accounting U.S.C. 552a), as amended, have been military members;’’ the word Service, Corporate Communications and published in the Federal Register and ‘‘annuitants’’, and on the last line of the Legislative Liaison, Freedom of ‘‘ ’’ are available from the contact under FOR paragraph, a comma after States , and Information Act/Privacy Act Program FURTHER INFORMATION CONTACT. then add the words ‘‘vendors/ Manager, DFAS–HAC/IN, 8899 E. 56th contractors,’’. The proposed system report, as Street, Indianapolis, IN 46249–0150. Individual should provide their full required by 5 U.S.C. 552a(r) of the CATEGORIES OF RECORDS IN THE SYSTEM: name, Social Security Number (SSN), Privacy Act of 1974, as amended, was Delete entry and replace with ‘‘Name, current address and telephone number.’’ submitted on January 5, 2010, to the Social Security Number, home address, House Committee on Government financial institution account number, RECORDS ACCESS PROCEDURES: Reform, the Senate Committee on account type, financial institution name, Delete entry and replace with Governmental Affairs, and the Office of American Banking Association routing ‘‘Individuals seeking access to Management and Budget (OMB) and transmittal number, lock box information about them contained in pursuant to paragraph 4c of Appendix I number, electronic funds transfer this system of records should address to OMB Circular No. A–130, ‘‘Federal payment method, electronic funds written inquiries to the Defense Finance Agency Responsibilities for Maintaining transfer waiver, Commercial and and Accounting Service, Corporate Records About Individuals,’’ dated Government Entity (CAGE), Dun and Communications and Legislative February 8, 1996 (February 20, 2996, 61 Bradstreet, Data Universal Numbering Liaison, Freedom of Information Act/ FR 6427). System (DUNS) numbers, and Tax Privacy Act Program Manager, DFAS– Dated: January 8, 2010. Identification Numbers (TINs).’’ HAC/IN, 8899 E. 56th Street, Mitchell S. Bryman, * * * * * Indianapolis, IN 46249–0150. Individual should provide their full Alternate OSD Federal Register Liaison PURPOSE(S): name, Social Security Number (SSN), Officer, Department of Defense. Delete entry and replace with ‘‘The current address and telephone number.’’ T7320 Electronic Funds Transfer Database will CONTESTING RECORD PROCEDURES: provide DoD with a central repository SYSTEM NAME: Delete the address in the paragraph for Active Duty, Reserve, Guard, and replace with ‘‘Defense Finance and Electronic Funds Transfer (EFT) separated or retired military members, Accounting Service, Corporate Records (October 15, 2004, 69 FR annuitants, academy nominees, Communications and Legislative 61225). applicants, cadets, dependents of Liaison, Freedom of Information Act/ military personnel, DoD civilian CHANGES: Privacy Act Program Manager, DFAS– employees, other government HAC/IN, 8899 E. 56th Street, * * * * * employees paid by DFAS, foreign Indianapolis, IN 46249–0150.’’ nationals residing in the United States, SYSTEM NAME: and vendor/contractor remittance RECORD SOURCE CATEGORIES: Add ‘‘Corporate’’ to the title before the information which will be used to verify Delete entry and replace with word ‘‘Electronic’’. the validity of payee and financial ‘‘Information is obtained from the Active

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Duty, Reserve, Guard, separated or numbers, and Tax Identification To Federal Reserve banks to distribute retired military members, annuitants, Numbers (TINs). payments made through the direct academy nominees, applicants, cadets, deposit system to financial dependents of military personnel, DoD AUTHORITY FOR MAINTENANCE OF THE SYSTEM: organizations or their processing agents civilian employees, other government 5 U.S.C. 301, Departmental authorized by individuals to receive and employees paid by DFAS, foreign Regulations; Public Law 104–134, Debt deposit payments in their accounts. nationals residing in the United States, Collection Improvement Act of 1996; To State Guard Units for the purposes and vendors/contractors.’’ DoD Financial Management Regulation of making electronic payments to guard * * * * * 7000.14–R, Volumes 7B, 7C, 8, Military members who are on State duty during Pay Policy and Procedures—Retired times of emergency. T7320 Pay, Military Pay Policy and The DoD ‘Blanket Routine Uses’ Procedures—Active Duty and Reserve SYSTEM NAME: published at the beginning of the Pay, Civilian Pay Policy and Procedures; Defense Finance and Accounting Corporate Electronic Funds Transfer and E.O. 9397 (SSN), as amended. Service compilation of systems of (EFT) Records records notices also apply to this PURPOSE(S): SYSTEM LOCATION: system. The Electronic Funds Transfer Defense Information Systems Agency Database will provide DoD with a DISCLOSURE TO CONSUMER REPORTING (DISA), Defense Enterprise Computing central repository for Active Duty, AGENCIES: Center (DECC) Ogden, Building 981, Reserve, Guard, separated or retired Disclosures pursuant to 5 U.S.C. Southwest Dock, 7879 Wardleigh Road, military members, annuitants, academy 552a(b)(12) may be made from this Hill AFB, UT 84056–5997. nominees, applicants, cadets, system to ‘consumer reporting agencies’ Defense Information Systems Agency dependents of military personnel, DoD as defined in the Fair Credit Reporting (DISA), Defense Enterprise Computing civilian employees, other government Act, (15 U.S.C. 1681a(f)) or the Federal Center (DECC) Mechanicsburg—Bldg employees paid by DFAS, foreign Claims Collection Act of 1966, (31 308, Naval Support Activity (NSA), nationals residing in the United States, U.S.C. 3701(a)(3)). The purpose of this 5450 Carlisle Pike, Mechanicsburg, PA and vendor/contractor remittance disclosure is to aid in the collection of 17050–2411. information which will be used to verify Defense Finance and Accounting outstanding debts owed to the Federal the validity of payee and financial Service, Columbus, P.O. Box 182317 government; typically to provide an institution accounts prior to issuing an Columbus, OH 43218–2317. incentive for debtors to repay electronic payment. Defense Finance and Accounting delinquent Federal government debts by making these debts part of their credit Service, Cleveland, 1240 E. 9th Street, ROUTINE USES OF RECORDS MAINTAINED IN THE records. Cleveland, OH 44199–8002. SYSTEM, INCLUDING CATEGORIES OF USERS AND Defense Finance and Accounting THE PURPOSES OF SUCH USES: The disclosure is limited to information necessary to establish the Service, Indianapolis, 8899 E. 56th St., In addition to those disclosures Indianapolis, IN 46249–0100. identity of the individual, including generally permitted under 5 U.S.C. name, address, and taxpayer Defense Finance and Accounting 552a(b) of the Privacy Act of 1974, as Service, Rome, 325 Brooks Road, Rome, identification number (Social Security amended, these records or information Number for individuals); the amount, NY 13441–4527. contained therein may specifically be Defense Finance and Accounting status, and history of the claim; and the disclosed outside the Department of agency or program under which the Service, Limestone, 27 Arkansas Road, Defense as a routine use pursuant to 5 Limestone, ME 04751–6216. claim arose for the sole purpose of U.S.C. 552a(b)(3) as follows: allowing the consumer reporting agency CATEGORIES OF INDIVIDUALS COVERED BY THE To the U.S. Treasury Department to to prepare a commercial credit report. SYSTEM: provide information on check issues Department of Defense (DoD) civilian and electronic funds transfers. POLICIES AND PRACTICES FOR STORING, personnel, and other U.S. Government To the Internal Revenue Service to RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: employees paid by DFAS; active report taxable earnings and taxes military, former, and retired military withheld, accounting, and tax audits, STORAGE: members; annuitants; Reserve and and to compute or resolve tax liability The records are maintained in National Guard personnel; academy or tax levies. computers and computer output nominees, applicants, and cadets; To the Social Security Administration products; electronic storage media, and dependents of military personnel; to report earned wages by members for hard copy documents. foreign nationals residing in the United the Federal Insurance Contribution Act, States, vendors/contractors, and all in accounting or tax audits, and death RETRIEVABILITY: receipt of payments from DFAS. notices. Retrieved by name, Social Security To the Department of Veterans Affairs Number or taxpayer identification CATEGORIES OF RECORDS IN THE SYSTEM: to report compensation, waivers, and number. Name, Social Security Number, home audits, life insurance accounting, address, financial institution account disbursement and benefit SAFEGUARDS: number, account type, financial determinations, and death notices. Records are stored in office buildings institution name, American Banking To the American Red Cross and protected by guards, controlled Association routing and transmittal military relief societies to assist military screening, visitor registers are used, number, lock box number, electronic personnel, and their dependents in electronic access, and/or locks. Access funds transfer payment method, determining the status of monthly pay, to records is limited to individuals who electronic funds transfer waiver, dependents’ allotments, loans, and are properly screened and cleared on a Commercial and Government Entity related financial transactions, and to need-to-know basis in the performance (CAGE), Dun and Bradstreet, Data perform other relief-related duties as of their official duties. Passwords and Universal Numbering System (DUNS) requested by the service member. digital signatures are used to control

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access to the systems data, and dependents of military personnel, DoD 5, 2010, to the House Committee on procedures are in place to deter and civilian employees, other government Oversight and Government Reform, the detect browsing and unauthorized employees paid by DFAS, foreign Senate Committee on Homeland access. Physical and electronic access nationals residing in the United States, Security and Governmental Affairs, and are limited to persons responsible for and vendors/contractors. the Office of Management and Budget servicing and authorized to use the (OMB) pursuant to paragraph 4c of record system. EXEMPTIONS CLAIMED FOR THE SYSTEM: Appendix I to OMB Circular No. A–130, None. ‘‘Federal Agency Responsibilities for RETENTION AND DISPOSAL: [FR Doc. 2010–473 Filed 1–13–10; 8:45 am] Maintaining Records About Records in this system are maintained BILLING CODE 5001–06–P Individuals,’’ dated February 8, 1996 for 6 years and 3 months after date of (February 20, 1996, 61 FR 6427). cutoff. Records are disposed of by Dated: January 8, 2010. burning, shredding, or degaussing DEPARTMENT OF DEFENSE electronic media. Mitchell S. Bryman, Department of the Air Force Alternate OSD Federal Register Liaison SYSTEM MANAGER(S) AND ADDRESS: Officer, Department of Defense. Director, Strategic Business Office, [Docket ID: USAF–2010–0001] Defense Finance and Accounting F010 AFSPC A Privacy Act of 1974; System of Service, Columbus, P.O. Box 182317 Records SYSTEM NAME: Columbus, OH 43218–2317. Telecommunications Notification AGENCY: Department of the Air Force, NOTIFICATION PROCEDURE: System Records. DoD. Individuals seeking to determine ACTION: Notice to add a system of SYSTEM LOCATION: whether information about themselves records. Department of Air Force, 30 Space is contained in this system of records Communications Squadron, Building should address written inquiries to the SUMMARY: The Department of the Air 12000, Room 104, 867 Washington Ave., Defense Finance and Accounting Force proposes to add a system of Suite 205, Vandenberg Air Force Base, Service, Corporate Communications and records to its inventory of record California 93437–6117. Legislative Liaison, Freedom of systems subject to the Privacy Act of Information Act/Privacy Act Program 1974 (5 U.S.C. 552a), as amended. CATEGORIES OF INDIVIDUALS COVERED BY THE Manager, DFAS–HAC/IN, 8899 E. 56th SYSTEM: DATES: The proposed action will be Street, Indianapolis, IN 46249–0150. effective on February 16, 2010 unless All Air Force Active Duty Service Individual should provide their full comments are received that would members, civilians, and government name, Social Security Number (SSN), result in a contrary determination. contractors. current address and telephone number. ADDRESSES: You may submit comments, CATEGORIES OF RECORDS IN THE SYSTEM: RECORD ACCESS PROCEDURES: identified by docket number and title, First and last name, home address, Individuals seeking access to by any of the following methods: work and cell phone numbers, • information about them contained in Federal Rulemaking Portal: http:// employee type, office/unit name, home this system of records should address www.regulations.gov. Follow the and work e-mail address. written inquiries to the Defense Finance instructions for submitting comments. and Accounting Service, Corporate • Mail: Federal Docket Management AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Communications and Legislative System Office, 1160 Defense Pentagon, 10 U.S.C. 8013, Secretary of the Air Liaison, Freedom of Information Act/ Washington, DC 20301–1160. Force; Air Force Instruction 10–218, Privacy Act Program Manager, DFAS– Instructions: All submissions received Personnel Accountability in HAC/IN, 8899 E. 56th Street, must include the agency name and Conjunction with Natural Disasters or Indianapolis, IN 46249–0150. docket number for this Federal Register National Emergencies; Air Force Policy Individual should provide their full document. The general policy for Directive; 10–2 Readiness, Air Force name, Social Security Number (SSN), comments and other submissions from Policy Directive 10–4, Operations current address and telephone number. members of the public is to make these Planning, and Air Force Policy Directive submissions available for public 10–25, Emergency Management. CONTESTING RECORD PROCEDURES: viewing on the Internet at http:// The DFAS rules for accessing records, www.regulations.gov as they are PURPOSE(S): for contesting contents and appealing received without change, including any To provide notification, via electronic initial agency determinations are personal identifiers or contact mail and telephone, for personnel published in DFAS Regulation 5400.11– information. recalls and real world and exercise R; 32 CFR part 324; or may be obtained threat conditions. FOR FURTHER INFORMATION CONTACT: from the Defense Finance and Mr. Accounting Service, Corporate Ben Swilley at (703) 696–6489. ROUTINE USES OF RECORDS MAINTAINED IN THE Communications and Legislative SUPPLEMENTARY INFORMATION: The SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Liaison, Freedom of Information Act/ Department of the Air Force’s notices Privacy Act Program Manager, DFAS– for systems of records subject to the In addition to those disclosures HAC/IN, 8899 E. 56th Street, Privacy Act of 1974 (5 U.S.C. 552a), as generally permitted under 5 U.S.C. Indianapolis, IN 46249–0150. amended, have been published in the 552a(b) of the Privacy Act of 1974, these Federal Register and are available from records may specifically be disclosed RECORD SOURCE CATEGORIES: the contact under FOR FURTHER outside the DoD as a routine use Information is obtained from the INFORMATION CONTACT. pursuant to 5 U.S.C. 552a(b)(3) as Active Duty, Reserve, Guard, separated The proposed systems reports, as follows: or retired military members, annuitants, required by 5 U.S.C. 552a(r) of the The DoD ‘Blanket Routine Uses’ academy nominees, applicants, cadets, Privacy Act, were submitted on January published at the beginning of the Air

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Force’s compilation of systems of RECORD SOURCE CATEGORIES: proposed amendments are not within records notices apply to this system. From the individual. the purview of subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as POLICIES AND PRACTICES FOR STORING, EXEMPTIONS CLAIMED FOR THE SYSTEM: amended, which requires the RETRIEVING, ACCESSING, RETAINING, AND None. submission of a new or altered system DISPOSING OF RECORDS IN THE SYSTEM: [FR Doc. 2010–474 Filed 1–13–10; 8:45 am] report. STORAGE: BILLING CODE 5001–06–P Dated: January 11, 2010. Paper records and electronic storage Mitchell S. Bryman, media. DEPARTMENT OF DEFENSE Alternate OSD Federal Register Liaison Officer, Department of Defense. RETRIEVABILITY: Data is retrieved by first and last Department of the Air Force F052 USAFA A name, and office name. [Docket ID: USAF–2010–0002] SYSTEM NAME: SAFEGUARDS: Privacy Act of 1974; System of Cadet Chaplain Records (June 11, Records may be accessed by the Records 1997; 62 FR 31793). System Administrator, Command Post, CHANGES: AGENCY: Department of the Air Force, and authorized designated Unit Control * * * * * Representatives. They must have a DoD. Government Common Access Card ACTION: Notice to amend a system of SYSTEM LOCATION: (CAC) and associated Personal records. Delete entry and replace with ‘‘Command Chaplain, Headquarters, Identification Number (PIN) in addition SUMMARY: The Department of the Air to user identification and password for Force is proposing to amend a system of United States Air Force Academy, 2348 system access. records notice in its existing inventory Sijan Drive, Suite 100, United States Air Force Academy, CO 80840–8280.’’ RETENTION AND DISPOSAL: of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as * * * * * Records are deleted at the end of the amended. year individual has departed the Air CATEGORIES OF RECORDS IN THE SYSTEM: Base. DATES: This proposed action will be Delete entry and replace with ‘‘Name, effective without further notice on Social Security Number (SSN), religious SYSTEM MANAGER(S) AND ADDRESS: February 16, 2010 unless comments are affiliation, background and interests; Command Post Superintendent, 30 received which result in a contrary and choir audition consisting of musical Space Wing Space Communications determination. capabilities.’’ Squadron, 867 Washington Avenue, ADDRESSES: You may submit comments, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Suite 200–1, Vandenberg Air Force identified by docket number and title, Base, California 93437–6120. Delete entry and replace with ‘‘10 by any of the following methods: U.S.C. 9331, Establishment; NOTIFICATION PROCEDURE: * Federal Rulemaking Portal: http:// Superintendent; faculty, 10 U.S.C. 9337, www.regulations.gov. Follow the Individuals seeking to determine Chaplain, and E.O. 9397 (SSN), as instructions for submitting comments. amended.’’ whether information about themselves * Mail: Federal Docket Management is contained in this system of records System Office, 1160 Defense Pentagon, PURPOSE(S): should address written inquiries to the Washington, DC 20301–1160. Delete entry and replace with ‘‘To Command Post Superintendent, 30 Instructions: All submissions received identify incoming Fourth Class Cadet’s Space Wing Command Post 867 must include the agency name and religious affiliation, background data Washington Ave, Suite 205, Vandenberg docket number for this Federal Register and interests. Cadet Chaplains and Air Force Base, California 93437–6117. document. The general policy for chapel managers assigned to the USAF Written request must include their comments and other submissions from Academy Cadet Chaplin’s office use this full name and office name in the request members of the public is to make these information to organize cadet lay letter. submissions available for public participation as ushers, choir members, RECORD ACCESS PROCEDURES: viewing on the Internet at http:// lay readers, lectors, commentators, and www.regulations.gov as they are religious education teachers. Choir Individuals seeking access to received without change, including any audition records identify incoming information about themselves should personal identifiers or contact cadet’s musical capabilities and the address written inquiries to Command information. music directors use this information.’’ Post Superintendent, 30 Space Wing Command Post 867 Washington Ave, FOR FURTHER INFORMATION CONTACT: Mr. * * * * * Suite 205, Vandenberg Air Force Base, Ben Swilley at 703–696–6172. RETENTION AND DISPOSAL: California 93437–6117. SUPPLEMENTARY INFORMATION: The Delete entry and replace with Written request must include their Department of the Air Force systems of ‘‘Records are destroyed one year after full name and office name in the request records notices subject to the Privacy graduation or discharge from the letter. Act of 1974, (5 U.S.C. 552a), as program. Records are destroyed by amended, have been published in the tearing into pieces, shredding, pulping, CONTESTING RECORD PROCEDURES: Federal Register and are available from macerating or burning. Computer The Air Force rules for accessing the contact under FOR FURTHER records are destroyed by erasing, records and for contesting contents and INFORMATION CONTACT. deleting overwriting or degaussing.’’ appealing initial agency determinations The specific changes to the record are published in Air Force Instruction system being amended are set forth SYSTEM MANAGER(S) AND ADDRESS: 33–332, 32 CFR part 806b, or may be below followed by the notice, as Delete entry and replace with obtained from the system manager. amended, published in its entirety. The ‘‘Command Chaplain, Headquarters,

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United States Air Force Academy, 2348 ROUTINE USES OF RECORDS MAINTAINED IN THE United States Air Force Academy, 2348 Sijan Drive, Suite 100, United States Air SYSTEM, INCLUDING CATEGORIES OF USERS AND Sijan Drive, Suite 100, United States Air Force Academy, CO 80840–8280.’’ THE PURPOSES OF SUCH USES: Force Academy, CO 80840–8280. In addition to those disclosures Requests should contain individual’s NOTIFICATION PROCEDURE: generally permitted under 5 U.S.C. full name and Social Security Number Delete entry and replace with 552a(b) of the Privacy Act of 1974, these (SSN). ‘‘Individuals seeking to determine records or information may specifically whether this system of records contains be disclosed outside the DoD as a CONTESTING RECORD PROCEDURES: information on themselves should routine use pursuant to 5 U.S.C. The Air Force rules for accessing address inquiries to Command 552a(b)(3) as follows: records, and for contesting contents and Chaplain, Headquarters, United States The ‘Blanket Routine Uses’ published appealing initial agency determinations Air Force Academy, 2348 Sijan Drive, at the beginning of the Air Force’s are published in Air Force Instruction Suite 100, United States Air Force compilation of systems of records 37–132; 32 CFR part 806b; or may be Academy, CO 80840–8280. notices apply to this system. obtained from the system manager. Requests should contain individual’s name and Social Security Number POLICIES AND PRACTICES FOR STORING, RECORDS SOURCE CATEGORIES: (SSN).’’ RETRIEVING, ACCESSING, RETAINING, AND Information obtained from individual DISPOSING OF RECORDS IN THE SYSTEM: cadet. RECORD ACCESS PROCEDURE: STORAGE: Delete entry and replace with EXEMPTIONS CLAIMED FOR THE SYSTEM: ‘‘Individuals seeking to access records Maintained on computer and None. electronic storage media. about themselves contained in this [FR Doc. 2010–589 Filed 1–13–10; 8:45 am] system should address requests to RETRIEVABILITY: BILLING CODE 5001–06–P Command Chaplain, Headquarters, Retrieved by name and Social United States Air Force Academy, 2348 Security Number (SSN). Sijan Drive, Suite 100, United States Air DEPARTMENT OF EDUCATION Force Academy, CO 80840–8280. SAFEGUARDS: Requests should contain individuals’ Records are accessed by the National Institute on Disability and full name and Social Security Number custodian, individuals responsible for Rehabilitation Research (NIDRR)— (SSN).’’ servicing the record system in the Disability and Rehabilitation Research * * * * * course of their official duties, and by Projects and Centers Program— F052 USAFA A authorized personnel who are properly Rehabilitation Research and Training cleared for need-to-know. Records are Centers (RRTCs)—Employer Practices SYSTEM NAME: stored in locked rooms and on computer Related to Employment Outcomes Cadet Chaplain Records. storage devices protected by computer Among Individuals With Disabilities system software. SYSTEM LOCATION: Catalog of Federal Domestic Assistance Command Chaplain, Headquarters, RETENTION AND DISPOSAL: (CFDA) Number: 84.133B–3. United States Air Force Academy, 2348 Records are destroyed one year after AGENCY: Office of Special Education and Sijan Drive, Suite 100, United States Air graduation or discharge from the Rehabilitative Services, Department of Force Academy, CO 80840–8280. program. Records are destroyed by Education. tearing into pieces, shredding, pulping, ACTION: CATEGORIES OF INDIVIDUALS COVERED BY THE Notice of proposed priority. SYSTEM: macerating or burning. Computer records are destroyed by erasing, SUMMARY: The Assistant Secretary for Air Force Academy Cadets. deleting overwriting or degaussing. Special Education and Rehabilitative CATEGORIES OF RECORDS IN THE SYSTEM: Services proposes a funding priority for SYSTEM MANAGER(S) AND ADDRESS: Name, Social Security Number (SSN), the Disability and Rehabilitation religious affiliation, background and Command Chaplain, Headquarters, Research Projects and Centers Program interests, and choir audition consisting United States Air Force Academy, 2348 administered by NIDRR. Specifically, of musical capabilities. Sijan Drive, Suite 100, United States Air this notice proposes a priority for Force Academy, CO 80840–8280. RRTCs on Employer Practices Related to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Employment Outcomes Among NOTIFICATION PROCEDURE: 10 U.S.C. 9331, Establishment; Individuals with Disabilities. The Superintendent; faculty, 10 U.S.C. 9337, Individuals seeking to determine Assistant Secretary may use this priority Chaplain, and E.O. 9397 (SSN), as whether this system of records contains for competitions in fiscal year (FY) 2010 amended. information on themselves should and later years. We take this action to address inquiries to Command focus research attention on areas of PURPOSE(S): Chaplain, Headquarters, United States national need. We intend this priority to To identify incoming Fourth Class Air Force Academy, 2348 Sijan Drive, improve rehabilitation services and Cadet’s religious affiliation, background Suite 100, United States Air Force outcomes for individuals with data and interests. Cadet Chaplains and Academy, CO 80840–8280. disabilities. chapel managers assigned to the USAF Requests should contain individual’s Academy Cadet Chaplin’s office use this name and Social Security Number DATES: We must receive your comments information to organize cadet lay (SSN). on or before February 16, 2010. participation as ushers, choir members, ADDRESSES: Address all comments about lay readers, lectors, commentators, and RECORD ACCESS PROCEDURES: this notice to Donna Nangle, U.S. religious education teachers. Choir Individuals seeking to access records Department of Education, 400 Maryland audition records identify incoming about themselves contained in this Avenue, SW., room 6029, Potomac cadet’s musical capabilities and the system should address requests to Center Plaza (PCP), Washington, DC music directors use this information. Command Chaplain, Headquarters, 20202–2700.

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If you prefer to send your comments reduce potential costs or increase Statutory and Regulatory Requirements by e-mail, use the following address: potential benefits while preserving the of RRTCs [email protected]. You must effective and efficient administration of RRTCs must— include the term ‘‘Proposed Priority for the program. • Carry out coordinated advanced an RRTC on Employer Practices Related During and after the comment period, programs of rehabilitation research; to Employment Outcomes Among you may inspect all public comments • Provide training, including Individuals with Disabilities’’ in the about this notice in room 6029, 550 12th graduate, pre-service, and in-service subject line of your electronic message. Street, SW., PCP, Washington, DC, training, to help rehabilitation FOR FURTHER INFORMATION CONTACT: between the hours of 8:30 a.m. and 4:00 personnel more effectively provide Donna Nangle. Telephone: (202) 245– p.m., Washington, DC, time, Monday rehabilitation services to individuals 7462 or by e-mail: through Friday of each week except with disabilities; [email protected]. Federal holidays. • Provide technical assistance to Assistance to Individuals with If you use a telecommunications individuals with disabilities, their Disabilities in Reviewing the device for the deaf (TDD), call the representatives, providers, and other Rulemaking Record: On request we will Federal Relay Service (FRS), toll free, at interested parties; provide an appropriate accommodation 1–800–877–8339. • Disseminate informational materials or auxiliary aid to an individual with a to individuals with disabilities, their SUPPLEMENTARY INFORMATION: This disability who needs assistance to representatives, providers, and other notice of proposed priority is in concert review the comments or other with NIDRR’s Final Long-Range Plan for interested parties; and documents in the public rulemaking • FY 2005–2009 (Plan). The Plan, which Serve as centers of national record for this notice. If you want to excellence in rehabilitation research for was published in the Federal Register schedule an appointment for this type of individuals with disabilities, their on February 15, 2006 (71 FR 8165), can accommodation or auxiliary aid, please representatives, providers, and other be accessed on the Internet at the contact the person listed under FOR following site: http://www.ed.gov/ interested parties. FURTHER INFORMATION CONTACT. Applicants for RRTC grants also must about/offices/list/osers/nidrr/ Purpose of Program: The purpose of demonstrate in their applications how policy.html. the Disability and Rehabilitation they will address, in whole or in part, Through the implementation of the Research Project and Centers Program is the needs of individuals with Plan, NIDRR seeks to: (1) Improve the to plan and conduct research, disabilities from minority backgrounds. quality and utility of disability and demonstration projects, training, and Program Authority: 29 U.S.C. 762(g) rehabilitation research; (2) foster an related activities, including and 764(b)(2). exchange of expertise, information, and international activities, to develop Applicable Program Regulations: 34 training to facilitate the advancement of methods, procedures and rehabilitation CFR part 350. knowledge and understanding of the technology that maximize the full unique needs of traditionally Proposed Priority: This notice inclusion and integration into society, contains one proposed priority. underserved populations; (3) determine employment, independent living, family best strategies and programs to improve support, and economic and social self- Employer Practices Related to rehabilitation outcomes for underserved sufficiency of individuals with Employment Outcomes Among populations; (4) identify research gaps; disabilities, especially individuals with Individuals With Disabilities (5) identify mechanisms of integrating the most severe disabilities, and to Background research and practice; and (6) improve the effectiveness of services disseminate findings. authorized under the Rehabilitation Act Individuals with disabilities This notice proposes a priority that of 1973, as amended. experience lower rates of employment NIDRR intends to use for RRTC than those without disabilities, and this competitions in FY 2010 and possibly RRTC Program disparity in employment rates is seen later years. However, nothing precludes The purpose of the RRTC program is across all sociodemographic groups NIDRR from publishing additional to improve the effectiveness of services (Steinmetz, 2006; U.S. Census Bureau, priorities, if needed. Furthermore, authorized under the Rehabilitation Act 2006; U.S. Department of Labor, 2009). NIDRR is under no obligation to make of 1973, as amended, through advanced This disparity in employment rates, as an award for this priority. The decision research, training, technical assistance, well as differences in other aspects of to make an award will be based on the and dissemination activities in general employment (e.g., retention rates, job quality of applications received and problem areas, as specified by NIDRR. satisfaction, wages), appear to reflect, at available funding. Such activities are designed to benefit least in part, differences in employer rehabilitation service providers, practices related to hiring, promoting, Invitation to Comment individuals with disabilities, and the and retaining employees who have or We invite you to submit comments family members or other authorized acquire disabilities (U.S. Department of regarding this notice. To ensure that representatives of individuals with Labor, 2009). While it is difficult to your comments have maximum effect in disabilities. In addition, NIDRR intends obtain employer-level information, there developing the notice of final priority, to require all RRTC applicants to meet is some recent evidence regarding the we urge you to clearly identify the the requirements of the General relationship between employer practices specific topic that each comment Rehabilitation Research and Training and outcomes for individuals with addresses. Centers (RRTC) Requirements priority disabilities. In 2008, the Office of We invite you to assist us in that it published in a notice of final Disability Employment Policy of the complying with the specific priorities in the Federal Register on U.S. Department of Labor funded an requirements of Executive Order 12866 February 1, 2008 (72 FR 6132). employer survey that examined and its overall requirement of reducing Additional information on the RRTC employer practices related to hiring, regulatory burden that might result from program can be found at: http:// advancing, and retaining employees this proposed priority. Please let us www.ed.gov/rschstat/research/pubs/res- with disabilities (U.S. Department of know of any further ways we could program.html#RRTC. Labor, 2009). The study indicated that

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companies reporting that they actively than private sector agencies to report knowledge will contribute to more recruit employees with disabilities that they actively recruited employees targeted interventions to improve differ from other companies in several with disabilities. employer practices related to the domains. For example, companies that The results of this study suggest that employment of individuals with recruited individuals with disabilities organizations of different sizes, and disabilities. Under this priority, the were generally less likely than others to from different industries and sectors of RRTC must contribute to the following identify challenges in hiring individuals the economy, differ in employer outcomes: with disabilities (e.g., accommodation practices with regard to individuals (a) New knowledge of specific costs, nature of the work, concern about with disabilities. However, these employer practices most strongly health care costs) and were more likely findings are largely based on the associated with desired employment to identify strategies that were helpful attitudes, opinions or perceptions of outcomes for individuals with in recruiting employees with disabilities employers, rather than on objectively disabilities and the prevalence of these (e.g., developing a targeted recruitment measured employer practices and practices. The RRTC must contribute to program, visible top management employment outcomes. Building upon this outcome by identifying and commitment, providing flexible work these findings by obtaining empirical categorizing employer practices related schedules). In addition, companies that data about actual employer practices, to the hiring, retention, and reported actively recruiting employees and further investigating the extent to advancement of individuals with with disabilities were less likely to have which these practices are associated disabilities and conducting research on identified the following concerns with employment for individuals with the extent to which employers engage in regarding hiring individuals with disabilities, would inform the specific practices that have been found disabilities: That employing workers development of interventions to in relevant research to promote positive with disabilities increased the cost of improve the number and diversity of employment outcomes for individuals doing business, that workers with employment opportunities for with disabilities. Factors that are disabilities lack relevant skills and individuals with disabilities. associated with such practices include, experience, and that employees with but are not limited to: employer size, disabilities posed greater risks to safety References geographic regions, sector of industry or and productivity. Steinmetz, E. (2006). Americans With the economy (e.g., private sector, public Analysis of the responses revealed Disabilities: 2002. Household Economic sector, goods-producing, service- that employer characteristics, including Studies Current Population Reports P70– producing), employer preconceptions, company size, sector of the economy, 107 Washington, DC: U.S. Census and experience working with vocational Bureau. See http://www.census.gov/ and industry type, were related to the rehabilitation agencies. employers’ responses. Larger employers hhes/www/disability/sipp/ disable02.html. (b) Increased knowledge about how and employers in the public sector were U.S. Census Bureau (2006). American these practices relate to employer more likely than other employers to Community Survey table B1802: success in hiring, retention, and report employing individuals with Selected Economic Characteristics for promotion of individuals with disabilities and actively recruiting the Civilian Noninstitutionalized disabilities. Applicants must propose applicants with disabilities. Larger Population By Disability Status. strategies to collect information about companies were also more likely to Washington, DC: U.S. Census Bureau. these practices and outcomes directly See http://factfinder.census.gov/servlet/ report having hired employees with _ from employers, taking into account that disabilities within the last 12 months. STTable? bm=y&- qr_name=ACS_2006_EST_G00_S1802&- it can be difficult to collect information Smaller and medium-sized companies geo_id=01000US&- about employer practices and outcomes. were more likely to report that health ds_name=ACS_2006_EST_G00_&- In addition, applicants are encouraged care costs, workers compensation costs, _lang=en&-format=&-CONTEXT=st. to use existing databases such as those and fear of litigation were challenges in U.S. Department of Labor (2009). Survey of maintained by the Equal Employment hiring individuals with disabilities. Employer Perspectives on the Opportunity Commission, the Small When asked about concerns related to Employment of People with Disabilities. See http://www.dol.gov/odep/categories/ Business Administration, the Office of hiring employees with disabilities, Federal Contract Compliance Programs, smaller and medium-sized companies research/index.htm. U.S. Department of Labor (2009). Labor force and disability insurance providers. were more likely to cite concerns about statistics from the Current Population (c) Increased incorporation of findings costs of employing individuals with Survey: Employment status and into practice and policy. The RRTC disabilities and the belief that workers disability status, January 2009. must contribute to this outcome by: with disabilities lack relevant skills and See http://www.bls.gov/cps/ (1) Collaborating with employer experience. In contrast, larger cpsdisability_012009.htm. groups to develop, evaluate, or companies were more concerned about Proposed Priority implement strategies to increase supervisors’ uncertainty regarding how utilization of positive practices to take disciplinary action against The Assistant Secretary for Special identified by the RRTC. employees with disabilities. When Education and Rehabilitative Services (2) Conducting training and questioned about perceived challenges proposes a priority for a Rehabilitation dissemination activities to facilitate the to retaining employees with disabilities, Research and Training Center (RRTC) on utilization of research findings in smaller companies expressed greater Employer Practices Related to employment and policy settings. concerns about the cost of health care Employment Outcomes Among In addition, this RRTC must coverage and workers compensation. Individuals with Disabilities. This RRTC collaborate with: Responses also varied by organization must conduct research that contributes (1) Relevant Rehabilitation Services type. Companies in construction, goods- to our knowledge about the differences Administration grantees, such as the producing, and retail trades were more that exist in employer practices towards 10 regional Technical Assistance and likely than others to indicate that the hiring individuals with disabilities and Continuing Education projects. nature of the work was a challenge in the relationship between different (2) Relevant grantees and programs in hiring individuals with disabilities. practices and employment outcomes for the Department of Labor, including the Public organizations were more likely individuals with disabilities. This new Office of Disability Employment

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Policy’s National Technical Assistance, Discussion of Costs and Benefits DEPARTMENT OF ENERGY Policy, and Research Center for Employers. The benefits of the Disability and Additional Guidance Regarding Rehabilitation Research Projects and Application of Current Procedures for Types of Priorities Centers Programs have been well Testing Energy Consumption of When inviting applications for a established over the years in that similar Refrigerator-Freezers With Automatic competition using one or more projects have been completed Ice Makers priorities, we designate the type of each successfully. This proposed priority will AGENCY: Office of the General Counsel, priority as absolute, competitive generate new knowledge through U.S. Department of Energy. preference, or invitational through a research and development activities. ACTION: Notice. notice in the Federal Register. The Another benefit of this proposed effect of each type of priority follows: priority is that the establishment of a SUMMARY: This notice announces the Absolute priority: Under an absolute new RRTC will support the research and Department of Energy’s (DOE) guidance priority, we consider only applications to ensure the consistent application of that meet the priority (34 CFR will improve the lives of individuals with disabilities. The new RRTC will DOE’s current test procedure to 75.105(c)(3)). refrigerator-freezers with French doors, Competitive preference priority: generate, disseminate, and promote the use of new information that will bottom-mounted freezers, and through- Under a competitive preference priority, the-door (TTD) ice service (French door improve the options for individuals we give competitive preference to an TTD models). This Guidance was issued with disabilities to obtain, retain, and application by (1) awarding additional on December 18, 2009. advance in employment. points, depending on the extent to FOR FURTHER INFORMATION CONTACT: Ms. which the application meets the priority Intergovernmental Review Stephanie Weiner at 202–586–9648. (34 CFR 75.105(c)(2)(i)); or (2) selecting SUPPLEMENTARY INFORMATION: The an application that meets the priority This program is not subject to Energy Policy and Conservation Act of over an application of comparable merit Executive Order 12372 and the 1975, as amended, (EPCA or the Act) that does not meet the priority (34 CFR regulations in 34 CFR part 79. requires the Department of Energy (DOE 75.105(c)(2)(ii)). Accessible Format: Individuals with or the Department) to prescribe Invitational priority: Under an standardized test procedures to measure invitational priority, we are particularly disabilities can obtain this document in the energy consumption of certain interested in applications that meet the an accessible format (e.g., braille, large consumer products. See 42 U.S.C. 6293, priority. However, we do not give an print, audiotape, or computer diskette) 6295(r). The Department’s current test application that meets the priority a by contacting the Grants and Contracts procedure for residential refrigerator- preference over other applications (34 Services Team, U.S. Department of freezers is set forth at 10 CFR Part 430, CFR 75.105(c)(1)). Education, 400 Maryland Avenue, SW., Subpart B, Appendix A1, Uniform Test Final Priority: We will announce the room 5075, PCP, Washington, DC Method for Measuring the Energy final priority in a notice in the Federal 20202–2550. Telephone: (202) 245– Consumption of Electric Refrigerators Register. We will determine the final 7363. If you use a TDD, call the FRS, and Electric Refrigerator-Freezers priority after considering responses to toll-free, at 1–800–877–8339. (Appendix A1). DOE issues this this notice and other information Electronic Access to This Document: guidance to ensure the consistent available to the Department. This notice You can view this document, as well as application of the current test procedure does not preclude us from proposing all other documents of this Department to refrigerator-freezers with French additional priorities, requirements, published in the Federal Register, in doors, bottom-mounted freezers, and definitions, or selection criteria, subject text or Adobe Portable Document through-the-door (TTD) ice service to meeting applicable rulemaking Format (PDF) on the Internet at the (French door TTD models). requirements. following site: http://www.ed.gov/news/ Appendix A1 requires products to be Note: This notice does not solicit fedregister. tested in accordance with the relevant applications. In any year in which we choose To use PDF you must have Adobe sections of Association of Home to use this priority, we invite applications Appliance Manufacturers (AHAM) Acrobat Reader, which is available free through a notice in the Federal Register. standard HRF–1–1979 (HRF–1). See at this site. Executive Order 12866: This notice Appendix A1, section 2.2; 47 FR 34517 has been reviewed in accordance with Note: The official version of this document (Aug. 10, 1982). HRF–1 specifies that Executive Order 12866. Under the terms is the document published in the Federal ‘‘automatic ice makers are to be of the order, we have assessed the Register. Free Internet access to the official inoperative during the test’’ (‘‘ice maker potential costs and benefits of this edition of the Federal Register and the Code exclusion’’). See HRF–1, section 7.4.2. proposed regulatory action. of Federal Regulations is available on GPO HRF–1 defines ‘‘automatic ice maker’’ as The potential costs associated with Access at: http://www.gpoaccess.gov/nara/ ‘‘[a] device, connected to a water supply, this proposed regulatory action are index.html. which automatically produces, harvests, those resulting from statutory and stores ice in a storage bin, with requirements and those we have Dated: January 8, 2010. means to automatically interrupt the determined as necessary for Alexa Posny, harvesting operation when the bin is administering this program effectively Assistant Secretary for Special Education and filled to a predetermined amount.’’ Id. at and efficiently. Rehabilitative Services. sec. 3.5. In assessing the potential costs and [FR Doc. 2010–480 Filed 1–13–10; 8:45 am] At the time when AHAM developed benefits—both quantitative and BILLING CODE 4000–01–P and DOE adopted HRF–1, refrigerator- qualitative—of this proposed regulatory freezer models equipped with automatic action, we have determined that the ice makers located the ice maker in the benefits of the proposed priority justify freezer compartments, rather than the costs. separate ice compartments outside the

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freezer. Further, ice maker controls were refrigerator-freezers with automatic ice making ice, by stopping the harvesting generally electro-mechanical (i.e. the makers. See http://www.energystar.gov/ of ice, which in turn stops the electrical switches in the controls that index.cfm?c=refrig.pr_refrigerators. That production of additional ice, without turn functions on and off are operated January statement made clear that an ice affecting the energy consumed by other by mechanical action). Thus, since the storage bin must be maintained at a refrigerator-freezer functions. test procedure was adopted, DOE has temperature to prevent the ice from Our application is also informed by typically applied HRF–1’s ice maker melting during testing. We also stated EPCA’s underlying purpose of exclusion by raising the baler arm bar of that under DOE’s test procedure, energy advancing energy efficiency. 42 U.S.C. an automatic ice maker into its upright consumed by components that interact 6201(5). In authorizing DOE to locked position, which stops ice with the ice maker, but are not involved promulgate test procedures, the Act production during normal operation. in making ice, must be included in provides that ‘‘[a]ny test procedures More specifically, this action stops the calculating a product’s reported total prescribed or amended under this harvesting functions—the process of energy use. section shall be reasonably designed to freeing or removing ice pieces from the We understand that, despite our produce test results which measure ice mold of an automatic ice maker. consistent past practice and prior efforts energy efficiency * * * of a covered Preventing the removal of ice from the to be clear, some manufacturers may product during a representative average ice mold, in turn, stops the subsequent have misapplied our test procedure with use cycle or period of use.’’ 42 U.S.C. activation of solenoid valves that allow respect to ice making components in 6293(b)(3). Guided by this provision, we the flow of more water into the ice French door TTD models. DOE issues apply our test procedures, to the extent maker. This longstanding test procedure this guidance to eliminate any lingering possible, to reflect the energy consumed renders the ice maker inoperative inconsistency in the application of our during representative consumer use. In without affecting any energy-using procedure to these refrigerator-freezers. our view, keeping the ice maker and its functions of the product beyond active Specifically, we make clear our associated components on, but ice making operations. It most consistent view that, under the current preventing them from making ice, better accurately reflects the real-world energy test procedure, ice makers and all ice represents the average use of a use of these devices because it includes making components—including the fill refrigerator-freezer, such as when the in the efficiency calculation the energy tube heater and ice ejection heater— machine has a full bin of ice in a used whenever the ice maker is must be on and functioning as they consumer’s home. Turning off either the powered on (as it will be most, if not all, would be when the icemaker is not ice maker or components associated of the time in normal household use), actively making ice. The ice maker and with the ice maker, by contrast, does not while excluding from the efficiency all ice making components—including represent the average use of a calculation the additional energy used the fill tube heater and ice ejection refrigerator-freezer, and may cause the when the ice maker is operative—i.e., heater—may be rendered ‘‘inoperative’’ machine to consume less energy than when it is actively making and by preventing the machine from making when the ice maker is on, but not harvesting ice. The additional energy ice during the test, such as by creating making ice. that is used during these periods of a condition in which the machine Finally, we emphasize that—far from active operation is excluded in senses a full bin of ice. Turning the ice a change to our existing view—this recognition that these active ice making maker and/or its components off during clarification of DOE’s interpretation of functions occur only intermittently— the test is not permitted because it may HRF–1 is consistent with DOE’s when the ice maker senses that the ice improperly exclude energy beyond that longstanding practice with respect to bin is not full. used during the intermittent periods the ice maker exclusion. DOE has never Over the last few years, several when the ice maker is operative—i.e., interpreted the ice maker exclusion in manufacturers have introduced French when it is actively making ice. our current test procedure to allow door refrigerator-freezer models with This application of the ice maker manufacturers to turn the ice maker or bottom-mounted freezers and TTD ice exclusion to French door TTD models its components off. Rather, as described service, which are designed to permit follows from the plain language and above, since this test procedure was ice to be produced, stored, and intent of our test procedure, comports adopted over twenty-seven years ago, dispensed at a consumer-friendly height with the purpose of the Act, and is DOE has applied the ice maker through the door. The ice compartment consistent with nearly 30 years of DOE exclusion with the view that the ice is typically a special insulated understanding and practice. As stated maker should be on but prevented from compartment located within the fresh above, HRF–1 specifies that ‘‘automatic making ice. Indeed, the advent of food compartment or mounted on one of ice makers are to be inoperative during French door TTD models reinforces the the fresh food compartment doors. As the test.’’ See HRF–1, section 7.4.2. DOE importance of DOE’s pre-existing these French door TTD models grew in interprets ‘‘inoperative’’ by reference to approach, which ensures that the number, DOE became aware that design the definition of an automatic ice maker. exclusion is narrowly targeted to variations led to the use of ice making HRF–1 defines ‘‘automatic ice maker’’ as exempt only active ice making energy components, such as the fill tube heater ‘‘[a] device, connected to a water supply, from a product’s total energy and ice ejection heater, that may which automatically produces, harvests, consumption. consume energy beyond that used when and stores ice in a storage bin, with This guidance, which reflects nearly the ice maker is actively making and means to automatically interrupt the 30 years of Department practice, harvesting ice. As a result, in some harvesting operation when the bin is represents the Department’s designs, turning the ice maker and its filled to a predetermined amount.’’ Id. at interpretation of the existing test components off results in the machine sec. 3.5 (emphasis added). Thus, an ice procedure. It is not intended to create or using significantly less energy than maker is ‘‘inoperative’’ when the ice remove any rights or duties, nor is it when the ice maker is on, but not maker has ‘‘interrupt[ed] the harvesting intended to affect any other aspect of making ice. operation,’’ such as when the unit senses EPCA or DOE regulations. This In January 2009, DOE posted on its that ‘‘the bin is filled to a predetermined guidance was originally issued on Web site a short statement on the amount.’’ As described above, such an December 18, 2009, at http:// application of this test procedure to action prevents the machine from www1.eere.energy.gov/buildings/

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appliance_standards/residential/pdfs/ comments to: Federal Energy Regulatory Section 7(a) of the NGA are to contain rf_test_procedure_addl_guidance.pdf. Commission, Secretary of the all information necessary to advise the Dated: January 8, 2010. Commission, 888 First Street, NE., Commission fully concerning the service which the applicant has Scott Blake Harris, Washington, DC 20426. Users interested in receiving requested the Commission to direct the General Counsel. automatic notification of activity in this natural gas pipeline company to render [FR Doc. 2010–570 Filed 1–13–10; 8:45 am] docket may do so through eSubscription (such as a request to direct a natural gas BILLING CODE 6450–01–P at http://www.ferc.gov/docs-filing/ company to extend or improve its esubscription.asp. In addition, all transportation facilities, and to sell comments and FERC issuances may be natural gas to the municipality or DEPARTMENT OF ENERGY viewed, printed or downloaded person and, for such purpose, to extend Federal Energy Regulatory remotely through FERC’s Web site using its transportation facilities to Commission the ‘‘eLibrary’’ link and searching on communities immediately adjacent to Docket Numbers IC10–538, IC10–539, such facilities or to territories served by [Docket Nos. IC10–538–000, IC10–539–000, IC10–577, IC10–606, and IC10–607. For the natural gas pipeline company). IC10–577–000, IC10–606–000, and IC10– user assistance, contact FERC Online FERC–539. Section 3 of the Natural 607–000] Support at: [email protected], Gas Act (NGA) (Public Law 75–688) (15 (866) 208–3676 (toll free), or (202) 502– U.S.C. 717–717w) provides, in part, that Commission Information Collection ‘‘* * * no person shall export any Activities (FERC–538, FERC–539, 8659 (TTY). FOR FURTHER INFORMATION CONTACT: natural gas from the United States to a FERC–577, FERC–606, and FERC–607); foreign country or import any natural Comment Request; Extensions Ellen Brown may be reached by telephone at (202) 502–8663, by fax at gas from a foreign country without first January 7, 2010. (202) 273–0873, or by e-mail at having secured an order from the ’’ AGENCY: Federal Energy Regulatory [email protected]. Commission authorizing it to do so. Commission. The 1992 amendments to Section 3 of SUPPLEMENTARY INFORMATION: For the the NGA concern importation or ACTION: Notice of proposed information purpose of publishing this notice and exportation from/to a nation which has collections and request for comments. seeking public comment, FERC requests a free trade agreement with the United comments on the following information SUMMARY: In compliance with the States, and requires that such requirements of section 3506(c)(2)(a) of collections: importation or exportation: (1) Shall be • FERC–538, Gas Pipeline Certificate: the Paperwork Reduction Act of 1995 deemed to be a ‘‘first sale’’, i.e., not a sale Section 7(a) Mandatory Initial Service, (Pub. L. No. 104–13), the Federal Energy for a resale, and (2) Shall be deemed to contained in 18 CFR Part 156; OMB Regulatory Commission (Commission or be consistent with the public interest, Control No. 1902–0061; FERC) is soliciting public comment on and applications for such importation or • FERC–539, Gas Pipeline the specific aspects of the information exportation shall be granted without Certificates: Import/Export Related, collections described below. modification or delay. contained in 18 CFR Parts 153 and 157; With the ratification of the North DATES: Comments in consideration of OMB Control No. 1902–0062; American Free Trade Agreement and the collections of information are due • FERC–577, Gas Pipeline the Canadian Free Trade Agreement, the March 16, 2010. Certificates: Environmental Impact Federal regulatory focus on ADDRESSES: Comments may be filed Statement, identifies FERC’s construction, operation, and siting of either electronically or in paper format, information collections relating to 18 import and export facilities increased and should refer to Docket Nos. IC10– CFR Part 380 implementing NEPA and significantly. 538–000, IC10–539–000, IC10–577–000, includes the environmental compliance FERC–577. Section 102(2)(c) of the of IC10–606–000, and IC10–607–000. For conditions of 18 CFR 157.206(b); OMB the National Environmental Policy Act comments that only pertain to some of Control No. 1902–0128; of 1969 (NEPA) (Pub. L. 91–190) the collections, specify the appropriate • FERC–606, Notification of Request requires that all Federal agencies must collection(s) and related docket for Federal Authorization and Requests include in every recommendation or number(s). Documents must be prepared for Further Information, contained in 18 report on proposals for legislation and in an acceptable filing format and in CFR Part 385; OMB Control No. 1902– other major federal actions significantly compliance with the Federal Energy 0241; and affecting the quality of the human Regulatory Commission submission • FERC–607, Report on Decision or environment, a detailed statement on: guidelines at http://www.ferc.gov/help/ Action on Request for Federal the environmental impact on the submission-guide.asp. Authorization, contained in 18 CFR Part proposed actions; any adverse Comments may be filed electronically 385; OMB Control No. 1902–0240. environmental effects which cannot be via the eFiling link on the Commission’s The associated regulations, avoided should the proposal be Web site at http://www.ferc.gov. First information collections, burdens, and implemented; alternatives to the time users will have to establish a user OMB clearance numbers will continue proposed action; the relationship name and password (http:// to remain separate and distinct. between local short-term uses of man’s www.ferc.gov/docs-filing/ FERC–538. Under the Natural Gas Act environment and the maintenance and eregistration.asp) before eFiling. The (NGA) (Public Law 75–688) (15 U.S.C. enhancement of long-term productivity; Commission will send an automatic 717–717w), upon application by a local and any irreversible and irretrievable acknowledgement to the sender’s e-mail distribution company or municipality, a commitment of resources which would address upon receipt of comments natural gas pipeline company may be be involved in the proposed action through eFiling. Commenters filing ordered by the Commission to extend or should it be implemented. electronically should not make a paper improve transportation facilities, to FERC–606 and FERC–607. Section 313 filing. establish physical connections to serve, of EPAct 2005 directs the Commission: Commenters that are not able to file and to sell natural gas to the applicant. (1) To establish a schedule for state and electronically must send their Filings pursuant to the provisions of federal agencies and officers to act on

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requests for federal authorizations better informed determinations in authorize and monitor certain energy required for NGA section 3 and 7 gas establishing due dates for agencies’ projects to ensure that the construction projects, and (2) to maintain a complete decisions. of natural gas pipeline projects and LNG consolidated record of all decisions or FERC–607 requires agencies or terminals are economically viable, and actions by the Commission and other officials to submit to FERC a copy of a at the same time, protect the agencies and officers with respect to decision or action on a request for environment. federal authorizations. federal authorization and an Action: The Commission is requesting FERC–606 requires agencies and accompanying index to the documents three-year extensions of the current officials responsible for issuing, and materials relied on in reaching a expiration dates for the FERC–538, conditioning, or denying requests for conclusion. federal authorizations necessary for a If the collections of data for FERC– FERC–539, FERC–577, FERC–606, and proposed natural gas project to report to 538, FERC–539, FERC–577, FERC–606, FERC–607, with no change to the FERC regarding the status of an and FERC–607 in general were not reporting requirements. authorization request. This reporting conducted, the Commission would not Burden Statement: The estimated requirement is intended to allow be able to meet its statutory annual public reporting burdens and the agencies to assist the FERC to make responsibilities, would not be able to associated public costs follow.

Projected Number of Projected FERC Data collection number of responses per average burden Total annual hours per burden hours1 respondents respondent response

(1) (2) (3) (1) × (2) × (3)

FERC–538 ...... 1 1 240 240 FERC–539 ...... 6 25 .3 12 1821.6 FERC–577 ...... 92 16 193 284,096 FERC–606 ...... 48 35 .46 4.4 7,489 FERC–607 ...... 48 34 .45 6.3 10,423 1 These figures may not be exact, due to rounding and/or truncating.

The total annual cost to respondents12 is estimated as follows.

Estimated total Total annual Estimated hourly annual cost to FERC Data collection cost 2 burden hours ($) respondents ($)1

(1) (2) (2) × (1)

FERC–538 ...... 240 66.29 15,909 FERC–539 ...... 1821 .6 66.29 120,753 FERC–577 ...... 284,096 66.29 18,832,723 FERC–606 ...... 7,489 66.29 496,446 FERC–607 ...... 10,423 66.29 690,941 1 These figures may not be exact, due to rounding and/or truncating. 2 Using 2,080 hours/year, the estimated cost for 1 full-time employee is $137,874/year. The estimated hourly cost is $66.29 (or $137,874/ 2,080).

The reporting burden includes the The estimate of cost for respondents (2) the accuracy of the agency’s total time, effort, or financial resources is based upon salaries for professional estimates of the burden of the proposed expended to generate, maintain, retain, and clerical support, as well as direct collections of information, including the disclose, or provide the information and indirect overhead costs. Direct costs validity of the methodology and including: (1) Reviewing instructions; include all costs directly attributable to assumptions used; (3) ways to enhance (2) developing, acquiring, installing, and providing this information, such as the quality, utility and clarity of the utilizing technology and systems for the administrative costs and the cost for information to be collected; and (4) purposes of collecting, validating, information technology. Indirect or ways to minimize the burden of the verifying, processing, maintaining, overhead costs are costs incurred by an collections of information on those who disclosing and providing information; organization in support of its mission. are to respond, including the use of (3) adjusting the existing ways to These costs apply to activities which appropriate automated, electronic, comply with any previously applicable benefit the whole organization rather mechanical, or other technological than any one particular function or collection techniques or other forms of instructions and requirements; (4) activity. information technology, e.g. permitting training personnel to respond to a Comments are invited on: (1) Whether electronic submission of responses. collection of information; (5) searching the proposed collections of information data sources; (6) completing and are necessary for the proper Kimberly D. Bose, reviewing the collection of information; performance of the functions of the Secretary. and (7) transmitting, or otherwise Commission, including whether the [FR Doc. 2010–534 Filed 1–13–10; 8:45 am] disclosing the information. information will have practical utility; BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY The workshop will be held on January The Applicant states it acquired the 12, 2010, from 1 p.m. to 5 p.m. (AST) Clifton Mills #1 Hydroelectric Project Federal Energy Regulatory at: Tikhatnu Ballroom D, Anchorage from Clifton Power Corporation through Commission Convention Center, Dena‘Ina Civic and foreclosure and seeks Commission [Docket No. RM05–1–000] Convention Center, 600 West Seventh approval for the involuntary transfer of Avenue, Anchorage, AK 99501. the license for the project from Clifton Regulations Governing the Conduct of All interested parties may attend. The Power Corporation to the Applicant. Open Seasons for Alaska Natural Gas workshop will not be transcribed by the Applicant Contacts: Ms. Sue G. Transportation Projects; Notice of FERC Staff. Telephone participation Schneider, General Manager, Alaska Natural Gas Transportation will be available; Conference call Spartanburg Water, P.O. Box 251, Projects Open Season Pre-Filing participants should call in to 1–800– Spartanburg, SC 29304, (864) 580–5647, Workshop 315–6338 and enter code 8800#. e-mail [email protected] and Ms. For additional information concerning Elizabeth W. Whittle, Nixon Peabody, January 5, 2010. this event, please contact Richard Foley LLP, 401 Ninth Street, NW., Suite 900, On January 12, 2010, the Staff of the at 202–502–8955 or Mary O’Driscoll at Washington, DC 20004, (202) 585–8338, Federal Energy Regulatory Commission 202–502–8680. e-mail: [email protected]. (FERC) will hold a workshop on the FERC Contact: Patricia W. Gillis, (202) procedures and process for commenting Kimberly D. Bose, 502–8735. upon and holding an open season for an Secretary. Deadline for filing comments and Alaska Natural Gas Transportation Alaska Natural Gas Transportation motions to intervene: 30 days from the Project. The Workshop is being hosted Projects Open Season Pre-Filing issuance of this notice. Comments and by the Alaska Department of Natural Workshop motions to intervene may be filed Resources and the Regulatory electronically via the Internet. See 18 Commission of Alaska. Agenda CFR 385.2001(a)(1)(iii)(2008) and the In 2005, in the above-referenced 1 p.m.—Welcome and Opening Remarks instructions on the Commission’s docket, FERC enacted regulations under Anne Brown, Deputy State Pipeline website under the ‘‘e-Filing’’ link. If the Alaska Natural Gas Pipeline Act unable to be filed electronically, which established the procedures for Coordinator for the State of Alaska documents may be paper-filed. To conducting open seasons for the 1:15 p.m.—Explanation of FERC Open paper-file, an original and eight copies purpose of making binding Season Policy and Alaskan Open should be mailed to: Kimberly D. Bose, commitments for the acquisition of Season Rules Secretary, Federal Energy Regulatory capacity on Alaskan natural gas Richard Foley, FERC Staff, Lead Commission, 888 First Street, NE., transportation projects. Both Denali— Certificate Manager for Alaskan The Alaska Gas Pipeline LLC and Projects Washington, DC 20426. For more TransCanada Alaska Company LLC— 2:15 p.m.—Explanation of FERC’s information on how to submit these Alaska Pipeline Project have publicly Electronic Records and Filing types of filings please go to the stated that they intend to hold open System Commission’s Web site located at http:// seasons for their respective Alaskan Todd Ruhkamp, FERC Staff, Senior www.ferc.gov/filing-comments.asp. natural gas transportation projects in Certificate Analyst More information about this project can 2010. 2:45 p.m.—Break be viewed or printed on the eLibrary Under FERC’s open season 3 p.m.—Questions and Discussion link of the Commission’s Web site at regulations, prior to conducting an open 4:45 p.m.—Closing Remarks and http://www.ferc.gov/docs-filing/ season for an Alaskan natural gas Adjourn elibrary.asp. Enter the docket number transportation project, each project [FR Doc. 2010–530 Filed 1–13–10; 8:45 am] (P–4632–032) in the docket number sponsor is required to submit a detailed BILLING CODE 6717–01–P field to access the document. For open season plan to FERC. After assistance, call toll-free 1–866–208– receiving the project sponsor’s open 3372. season plan, FERC will issue a notice DEPARTMENT OF ENERGY Kimberly D. Bose, requesting public comments on the Federal Energy Regulatory Secretary. open season plan and explain the [FR Doc. 2010–535 Filed 1–13–10; 8:45 am] procedure for submitting such Commission BILLING CODE 6717–01–P comments. Absent unusual [Project No. 4632–032] circumstances, FERC will act on the open season plan within 60 days of its Clifton Power Corporation; DEPARTMENT OF ENERGY submission by the project sponsor. Commissioner of Public Works of the Both of these project sponsors have City of Spartanburg, SC; Notice of Federal Energy Regulatory initiated FERC’s pre-filing process, Application for Transfer of License and Commission which is typically focused on FERC’s Soliciting Comments and Motions To environmental review of a project. [Docket Nos. CP10–31–000; CP10–32–000; Intervene PF08–24–000] However in this instance, the pre-filing process also includes FERC’s review, January 7, 2010. Calais Pipeline Company, LLC; Calais approval, and oversight of the project On November 4, 2009, Commissioner LNG Project Company, LLC; Notice of sponsors’ open season. FERC Staff is of Public Works of the City of Application holding this Open Season Pre-Filing Spartanburg, South Carolina (Applicant) Workshop to provide interested parties filed an application for an involuntary January 6, 2010. an opportunity to learn about and transfer of license of the Clifton Mills #1 Take notice that on December 18, discuss the procedures and process for Hydroelectric Project No. 4632 located 2009, Calais LNG Project Company, LLC commenting upon and holding an open on the Pacolet River, in Spartanburg (Calais LNG) and Calais Pipeline season. County, South Carolina. Company, LLC (Calais Pipeline) 142

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Main Street, P.O. Box 133, Calais, Maine Notice of Schedule for Environmental will not serve to make the filer a party 04619, filed applications in Docket Nos. Review will serve to notify Federal and to the proceeding. The Commission’s CP10–31–000 and CP10–32–000, State agencies of the timing for the rules require that persons filing pursuant to Section 3 and Section 7(c) completion of all necessary reviews, and comments in opposition to the project of the Natural Gas Act (NGA), the subsequent need to complete all provide copies of their protests only to respectively, as amended and Parts 153, Federal authorizations within 90 days of the party or parties directly involved in 157, 284 and 380 of the Commission’s the date of issuance of the Commission the protest. regulations requesting: (1) Authorization staff’s FEIS or EA. Persons who wish to comment only to site, construct and operate a new This filing is available for review at on the environmental review of this liquefied natural gas (LNG) import, the Commission in the Public Reference project should submit an original and storage, and vaporization terminal and Room or may be viewed on the two copies of their comments to the associated facilities on the St. Croix Commission’s Web site at http:// Secretary of the Commission. River in Calais, Maine and authority to www.ferc.gov using the ‘‘e-Library’’ link. Environmental commenters will be utilize the terminal as the point of Enter the docket number excluding the placed on the Commission’s importation of LNG; (2) a certificate of last three digits in the docket number environmental mailing list, will receive public convenience and necessity field to access the document. For copies of the environmental documents, authorizing Calais Pipeline to construct assistance, contact FERC at and will be notified of meetings and operate approximately 20.7 miles of [email protected] or call associated with the Commission’s 36-inch-diameter pipeline and related toll-free, (866) 208–3676, or for TTY, environmental review process. facilities in order to transport natural (202) 502–8659. Environmental commenters will not be gas from the proposed Calais LNG On June 18, 2008, the Commission required to serve copies of filed import terminal in Calais, Maine to a staff granted Calais LNG’s and Calais documents on all other parties. proposed interconnection with Pipeline’s request to utilize the Pre- However, the non-party commenters Maritimes & Northeast Pipeline in Filing Process and assigned Docket No. will not receive copies of all documents Princeton Maine; (3) a blanket certificate PF08–24 to staff activities involved with filed by other parties or issued by the pursuant to Part 284, Subpart G of the the Calais projects. Now as of the filing Commission (except for the mailing of Commission’s regulations permitting the December 18, 2009 application, the environmental documents issued by the Calais Pipeline to provide open-access Pre-Filing Process for this project has Commission) and will not have the right natural gas transportation services; and ended. From this time forward, this to seek court review of the (4) a blanket certificate pursuant to Part proceeding will be conducted in Docket Commission’s final order. 157 of the Commission’s regulations Nos. CP10–31–000 and CP10–32–000, as Protests and interventions may be permitting Calais Pipeline to construct noted in the caption of this Notice. filed electronically via the Internet in and operate facilities, all as more fully There are two ways to become lieu of paper; see, 18 CFR involved in the Commission’s review of set forth in the application which is on 385.2001(a)(1)(iii) and the instructions this project. First, any person wishing to file with the Commission and open for on the Commission’s Web site under the obtain legal status by becoming a party public inspection. ‘‘e-Filing’’ link. The Commission to the proceedings for this project The LNG terminal proposed by Calais strongly encourages electronic filings. should, on or before the comment date LNG will be able to store up to Comment Date: January 27, 2010. 1,006,400 barrels of LNG in each of its stated below file with the Federal three storage tanks and deliver 1.0 Energy Regulatory Commission, 888 Kimberly D. Bose, billion cubic feet (Bcf) per day of First Street, NE., Washington, DC 20426, Secretary. revaporized LNG to the Calais Pipeline. a motion to intervene in accordance [FR Doc. 2010–531 Filed 1–13–10; 8:45 am] The Calais pipeline, in turn, will have with the requirements of the BILLING CODE 6717–01–P a nominal capacity of 1.0 Bcf per day. Commission’s Rules of Practice and Any questions concerning this Procedure (18 CFR 385.214 or 385.211) application should be directed to Carl and the Regulations under the NGA (18 DEPARTMENT OF ENERGY H. Myers, Managing Member, Fuel Gas CFR 157.10). A person obtaining party Solutions, LLC, One Meridian status will be placed on the service list Federal Energy Regulatory Boulevard, Suite 2001, Wyomissing, maintained by the Secretary of the Commission Pennsylvania 19610, (610) 568–1357 Commission and will receive copies of [Project No. 13643–000] (phone), (610) 374–4288 (fax) or via e- all documents filed by the applicant and mail at [email protected]. by all other parties. A party must submit Basin Farm Renewable, LLC; Notice of Pursuant to section 157.9 of the 14 copies of filings made in the Preliminary Permit Application Commission’s rules, 18 CFR 157.9, proceeding with the Commission and Accepted for Filing and Soliciting within 90 days of this Notice the must mail a copy to the applicant and Comments, Motions To Intervene, and Commission staff will either complete to every other party. Only parties to the Competing Applications its environmental assessment (EA) and proceeding can ask for court review of place it into the Commission’s public Commission orders in the proceeding. January 6, 2010. record (eLibrary) for this proceeding; or However, a person does not have to On December 10, 2009, the Basin issue a Notice of Schedule for intervene in order to have comments Farm Renewable, LLC filed an Environmental Review. If a Notice of considered. The second way to application, pursuant to section 4(f) of Schedule for Environmental Review is participate is by filing with the the Federal Power Act, proposing to issued, it will indicate, among other Secretary of the Commission, as soon as study the feasibility of the Basin Farm milestones, the anticipated date for the possible, an original and two copies of Renewable Energy Project Project, to be Commission staff’s issuance of the final comments in support of or in opposition located on Saxtons River, in environmental impact statement (FEIS) to this project. The Commission will Westminster Township, Windham or EA for this proposal. The filing of the consider these comments in County, Vermont. EA in the Commission’s public record determining the appropriate action to be The proposed project would consist for this proceeding or the issuance of a taken, but the filing of a comment alone of: (1) A proposed stream bank intake on

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the upper pool of the twin falls; (2) a study the feasibility of the Basin Farm DEPARTMENT OF ENERGY proposed five-foot-diameter, 150-foot- Renewable Energy Project, to be located long penstock; (3) a proposed 25-foot x on Saxtons River, in Westminster Federal Energy Regulatory 25-foot powerhouse containing one Township, Windham County, Vermont. Commission generating unit with a total generating The proposed project would consist [Project No. 13639–000] capacity of 250 kW; (4) a proposed of: (1) A proposed stream bank intake on 3,000-foot-long, 12.47 kV transmission North Unit Irrigation District; Notice of the upper pool of the twin falls; (2) a line; and (4) a tailrace. The project Competing Preliminary Permit proposed five-foot-diameter, 150-foot- would have an estimated average annual × Application Accepted for Filing and generation of 764.0 megawatts-hours. long penstock; (3) a proposed 25-foot Soliciting Comments Applicant Contact: Mr. James World, 25-foot powerhouse containing one 55 Main Street, Lancaster, NH 03584, generating unit with a total generating January 6, 2010. phone (802) 463–3230. capacity of 250 kW; (4) a proposed On December 9, 2009, North Unit FERC Contact: Michael Spencer, (202) 3,000-foot-long, 12.47 kV transmission Irrigation District filed an application 502–6093. line; and (5) a tailrace. The project for a preliminary permit, pursuant to Deadline for filing comments, motions would have an estimated average annual section 4(f) of the Federal Power Act, to intervene, competing applications generation of 764.0 megawatts-hours. proposing to study the feasibility of the North Unit Diversion Dam Hydroelectric (without notices of intent), or notices of Applicant Contact: Mr. James World, intent to file competing applications: 60 Project, located on the Deschutes River 55 Main Street, Lancaster, NH 03584, in Deschutes County, Oregon. The sole days from the issuance of this notice. phone (802) 463–3230. Comments, motions to intervene, purpose of a preliminary permit, if notices of intent, and competing FERC Contact: Michael Spencer, (202) issued, is to grant the permit holder applications may be filed electronically 502–6093. priority to file a license application via the Internet. See 18 CFR Deadline for filing comments, motions during the permit term. A preliminary 385.2001(a)(1)(iii) and the instructions to intervene, competing applications permit does not authorize the permit on the Commission’s Web site under the (without notices of intent), or notices of holder to perform any land disturbing activities or otherwise enter upon lands ‘‘e-Filing’’ link. If unable to be filed intent to file competing applications: 60 or waters owned by others without the electronically, documents may be paper- days from the issuance of this notice. owners’ express permission. filed. To paper-file, an original and eight Comments, motions to intervene, copies should be mailed to: Kimberly D. The proposed project would utilize notices of intent, and competing the existing North Canal Diversion Dam; Bose, Secretary, Federal Energy applications may be filed electronically Regulatory Commission, 888 First and would consist of the following new via the Internet. See 18 CFR facilities: (1) An approximately 50-foot- Street, NE., Washington, DC 20426. For 385.2001(a)(1)(iii) and the instructions more information on how to submit long, 8- to 10-foot-diameter penstock to on the Commission’s Web site under the these types of filings please go to the accommodate flows up to 800 cubic feet ‘‘e-Filing’’ link. If unable to be filed Commission’s Web site located at http:// per second; (2) a powerhouse containing www.ferc.gov/filing-comments.asp. electronically, documents may be paper- two generating units having an installed More information about this project filed. To paper-file, an original and eight capacity of 1.8 megawatts; (3) an can be viewed or printed on the copies should be mailed to: Kimberly D. approximately 500-foot-long, 21- ‘‘eLibrary’’ link of Commission’s Web Bose, Secretary, Federal Energy kilovolt-ampere transmission line; and site at http://www.ferc.gov/docs-filing/ Regulatory Commission, 888 First (4) appurtenant facilities. The proposed elibrary.asp. Enter the docket number Street, NE., Washington, DC 20426. For project would have an average annual (P–13643) in the docket number field to more information on how to submit generation of 7.2 gigawatt-hours. access the document. For assistance, these types of filings please go to the Applicant Contact: Mike Britton, call toll-free 1–866–208–3372. Commission’s Web site located at http:// North Unit Irrigation District, 2024 NW. www.ferc.gov/filing-comments.asp. Beech Street, Madras, OR 97741, phone: Kimberly D. Bose, (541) 475–3625, e-mail: Secretary. More information about this project [email protected]. [FR Doc. 2010–529 Filed 1–13–10; 8:45 am] can be viewed or printed on the FERC Contact: Gina Krump, phone: ‘‘eLibrary’’ link of Commission’s Web BILLING CODE 6717–01–P (202) 502–6704, e-mail: site at http://www.ferc.gov/docs-filing/ [email protected]. elibrary.asp. Enter the docket number Competing Applications: This DEPARTMENT OF ENERGY (P–13640) in the docket number field to application competes with Project No. access the document. For assistance, 13560–000 filed August 27, 2009 and Federal Energy Regulatory call toll-free 1–866–208–3372. Project No. 13617–000 filed November Commission 6, 2009. Kimberly D. Bose, Deadline for filing comments and [Project No. 13640–000] Secretary. motions to intervene: 60 days from the Basin Farm Renewable, LLC; Notice of [FR Doc. 2010–528 Filed 1–13–10; 8:45 am] issuance of this notice. Comments and Preliminary Permit Application BILLING CODE 6717–01–P motions to intervene may be filed Accepted for Filing and Soliciting electronically via the Internet. See 18 Comments, Motions To Intervene, and CFR 385.2001(a)(1)(iii) and the Competing Applications instructions on the Commission’s Web site (http://www.ferc.gov/docs-filing/ January 6, 2010. ferconline.asp) under the ‘‘eFiling’’ link. On December 10, 2009, the Basin For a simpler method of submitting text Farm Renewable, LLC filed an only comments, click on ‘‘Quick application, pursuant to section 4(f) of Comment.’’ For assistance, please the Federal Power Act, proposing to contact FERC Online Support at

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[email protected]; call toll- line; (7) and appurtenant facilities. The York. The mines are owned by the free at (866) 208–3676; or, for TTY, project would have an estimated annual X–Earth Corporation of Elizabethtown, contact (202) 502–8659. Although the generation of 284,018 megawatt-hours. New York, Rhodia Corporation of Commission strongly encourages Applicant Contact: Wayne F. Krouse, Cranbury, New Jersey, and the Town of electronic filing, documents may also be Lock+TM Hydro Friends Fund XXX, Moriah, New York. paper-filed. To paper-file, mail an LLC, 5090 Richmond Avenue #390, The proposed pumped storage project original and eight copies to: Kimberly D. Houston, TX 77056, (877) 556–6566 would consist of the following: (1) An Bose, Secretary, Federal Energy (ext. 709). upper reservoir formed underground in Regulatory Commission, 888 First FERC Contact: Brandon Cherry, (202) Harmony Mine between the existing Street, NE., Washington, DC 20426. 502–8328. +400 and +1,000 foot elevation levels of More information about this project, Deadline for filing comments, motions the mine, with a surface area of about including a copy of the application, can to intervene, competing applications 50 acres and volume of approximately be viewed or printed on the ‘‘eLibrary’’ (without notices of intent), or notices of 2,400 acre-feet at normal water surface link of the Commission’s Web site at intent to file competing application: 60 elevation of +1,000 feet Project Datum; http://www.ferc.gov/docs-filing/ days from the issuance of this notice. (2) a lower reservoir formed elibrary.asp. Enter the docket number Comments, motions to intervene, underground in Harmony Mine between (P–13639) in the docket number field to notices of intent, and competing the existing ¥1,650 and ¥1,050 access the document. For assistance, applications may be filed electronically elevation levels of the mine, with a contact FERC Online Support. via the Internet. See 18 CFR surface area of about 50 acres and 385.2001(a)(1)(iii) and the instructions volume of approximately 2,400 acre-feet Kimberly D. Bose, on the Commission’s Web site under the at normal water surface elevation of Secretary. ‘‘eFiling’’ link. If unable to be filed +1,050 feet Project Datum; (3) two [FR Doc. 2010–527 Filed 1–13–10; 8:45 am] electronically, documents may be paper- identical 2,500-foot-long, 120-inch- BILLING CODE 6717–01–P filed. To paper-file, an original and eight diameter vertical bored drop shafts; (4) copies should be mailed to: Kimberly D. a proposed concrete powerhouse 70- Bose, Secretary, Federal Energy feet-wide by 280-feet-long by 40-feet- DEPARTMENT OF ENERGY Regulatory Commission, 888 First high, containing approximately 100 Street, NE., Washington, DC 20426. For pump/turbine/generator units having a Federal Energy Regulatory total installed capacity of 270 megawatts Commission more information on how to submit these types of filings please go to the (MW); (5) a proposed underground, 1- [Project No. 13625–000] Commission’s Web site located at http:// mile-long, 115 kilovolt (kV) www.ferc.gov/filing-comments.asp. transmission line; and (6) appurtenant Lock+TM Hydro Friends Fund XXX, More information about this project facilities. LLC; Notice of Preliminary Permit can be viewed or printed on the The development would have an Application Accepted for Filing and ‘‘eLibrary’’ link of Commission’s Web annual generation of 650 gigawatt-hours Soliciting Comments, Motions To site at http://www.ferc.gov/docs-filing/ (GWh), which would be sold to a local Intervene, and Competing Applications elibrary.asp. Enter the docket number utility. Applicant Contact: Mr. James A. January 6, 2010. (P–13625) in the docket number field to access the document. For assistance, Besha, P.E., Moriah Hydro Corporation On November 13, 2009, Lock+TM c/o Albany Engineering Corporation, 5 call toll-free 1–866–208–3372. Hydro Friends Fund XXX, LLC filed an Washington Square, Albany, NY 12205, application, pursuant to Section 4(f) of Kimberly D. Bose, (518) 456–7712. the Federal Power Act, proposing to Secretary. FERC Contact: John Ramer, (202) 502– study the feasibility of Project Green [FR Doc. 2010–526 Filed 1–13–10; 8:45 am] 8969. Dream (Project No. 13625), to be located Deadline for filing motions to BILLING CODE 6717–01–P at the New Cumberland Locks and Dam intervene, competing applications on the Ohio River, in Hancock County, (without notice of intent), or notices of West Virginia. The New Cumberland DEPARTMENT OF ENERGY intent to file competing applications: 60 Locks and Dam are owned and operated days from the issuance date of this by the U.S. Army Corps of Engineers. Federal Energy Regulatory notice. Comments, motions to intervene, Project Green Dream would include Commission notices of intent, and competing new facilities adjacent to the eastern applications may be electronically filed [Project No. 12635–001] end of the New Cumberland Locks and via the Internet. See 18 CFR Dam. The proposed project would Moriah Hydro Corporation; Notice of 385.2001(a)(1)(iii) and the instructions consist of: (1) One new approximately Preliminary Permit Application on the Commission’s Web site under the 450-foot-long, 220-foot-wide conduit; (2) Accepted for Filing and Soliciting ‘‘e-Filing’’ link. If unable to be filed two new approximately 109-foot-wide, Comments, Motions To Intervene, and electronically, documents may be paper- 40-foot-tall lock frame modules, Competing Applications filed. To paper-file, an original and eight containing nine turbines each, with a copies should be filed to: Kimberly D. total installed capacity of 36 megawatts; January 6, 2010. Bose, Secretary, Federal Energy (3) new flow control doors; (4) a new On November 2, 2009, Moriah Hydro Regulatory Commission, 888 First tailrace; (5) a new switchyard, Corporation filed an application, Street, NE., Washington, DC 20426. For transformer, and control room; (6) a new pursuant to section 4(f) of the Federal more information on how to submit approximately 1,000-foot-long, 36.7- Power Act, for a successive preliminary these types of filings please go to the kilovolt transmission line from the permit to study the feasibility of the Commission’s Web site located at http:// turbines to the new switchyard, and a Mineville Pumped Storage Project, to be www.ferc.gov/filling-comments.asp. new approximately 2,000-foot-long, 69- located in the existing Old Bed, New More information about this project can kilovolt transmission line from the new Bed, and Harmony Mines, within the be viewed or printed on the ‘‘e-library’’ switchyard to an existing distribution town of Moriah in Essex County, New link of the Commission’s Web site at

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http://www.ferc.gov/docs-filings/ Energy Regulatory Commission, 888 888 First Street, NE., Washington, DC elibrary.asp. Enter the docket number First Street, NE., Washington, DC 20426, 20426. (P–12635–001) in the docket number a motion to intervene in accordance This filing is accessible on-line at field to access the document. For with the requirements of the http://www.ferc.gov, using the assistance, call toll free 1–866–208– Commission’s Rules of Practice and ‘‘eLibrary’’ link and is available for 3372. Procedure (18 CFR 385.214 or 385.211) review in the Commission’s Public and the Regulations under the NGA (18 Reference Room in Washington, DC. Kimberly D. Bose, CFR 157.10). A person obtaining party There is an ‘‘eSubscription’’ link on the Secretary. status will be placed on the service list Web site that enables subscribers to [FR Doc. 2010–524 Filed 1–13–10; 8:45 am] maintained by the Secretary of the receive e-mail notification when a BILLING CODE 6717–01–P Commission and will receive copies of document is added to a subscribed all documents filed by the applicant and docket(s). For assistance with any FERC by all other parties. A party must submit Online service, please e-mail DEPARTMENT OF ENERGY 14 copies of filings made in the [email protected], or call Federal Energy Regulatory proceeding with the Commission and (866) 208–3676 (toll free). For TTY, call Commission must mail a copy to the applicant and (202) 502–8659. to every other party. Only parties to the Comment Date: January 27, 2010. [Docket No. CP10–36–000] proceeding can ask for court review of Kimberly D. Bose, Commission orders in the proceeding. Secretary. Southern Natural Gas Company; However, a person does not have to Notice of Application intervene in order to have comments [FR Doc. 2010–519 Filed 1–13–10; 8:45 am] BILLING CODE 6717–01–P January 6, 2010. considered. The second way to Take notice that on December 29, participate is by filing with the 2009, Southern Natural Gas Company Secretary of the Commission, as soon as DEPARTMENT OF ENERGY (Southern), 569 Brookwood Village, possible, an original and two copies of Suite 501, Birmingham, Alabama 35209, comments in support of or in opposition Federal Energy Regulatory filed in the above referenced docket an to this project. The Commission will Commission application pursuant to section 7(b) of consider these comments in [Docket Nos. CP10–34–000, PF09–12–000] the Natural Gas Act (NGA) and Part 157 determining the appropriate action to be taken, but the filing of a comment alone of the Commission’s regulations, for an East Cheyenne Gas Storage, LLC; will not serve to make the filer a party order approving the abandonment of Notice of Application approximately 68.5 miles of pipe in to the proceeding. The Commission’s various segments, replacement of rules require that persons filing January 6, 2010. approximately 225 feet of pipe, and the comments in opposition to the project Take notice that on December 18, modification of certain other facilities provide copies of their protests only to 2009, East Cheyenne Gas Storage, LLC located on Southern’s North Main and the party or parties directly involved in (East Cheyenne), 10901 W. Toller Drive, North Main Loop Lines located in West the protest. Suite 200, Littleton, Colorado 80127, Carroll and East Carroll Parishes, Persons who wish to comment only filed in the above referenced dockets an Louisiana, and Issaquena, Sharkey, on the environmental review of this application pursuant to section 7(c) of Yazoo, Madison, Attala, and Winston project should submit an original and the Natural Gas Act (NGA) and Parts Counties, Mississippi, all as more fully two copies of their comments to the 157 and 284 of the Commission’s set forth in the application which is on Secretary of the Commission. regulations, for an order granting a file with the Commission and open to Environmental commentors will be certificate of public convenience to public inspection. The filing is available placed on the Commission’s construct and operate an underground for review at the Commission in the environmental mailing list, will receive natural gas storage facility to provide up Public Reference Room or may be copies of the environmental documents, to 18.9 billion cubic feet (Bcf) of viewed on the Commission’s Web site at and will be notified of meetings working gas capacity in Logan County, http://www.ferc.gov using the ‘‘eLibrary’’ associated with the Commission’s Colorado (Project), all as more fully set link. Enter the docket number excluding environmental review process. forth in the application which is on file the last three digits in the docket Environmental commentors will not be with the Commission and open to number field to access the document. required to serve copies of filed public inspection. The filing may also For assistance, contact FERC at documents on all other parties. be viewed on the web at http:// [email protected] or call However, the non-party commentors www.ferc.gov using the ‘‘eLibrary’’ link. toll-free, (886) 208–3676 or TTY, (202) will not receive copies of all documents Enter the docket number excluding the 502–8659. filed by other parties or issued by the last three digits in the docket number Any questions concerning this Commission (except for the mailing of field to access the document. For application may be directed to Patricia environmental documents issued by the assistance, please contact FERC Online S. Francis, Senior Counsel, Southern Commission) and will not have the right Support at Natural Gas Company, 569 Brookwood to seek court review of the [email protected] or toll Village, Suite 501, Birmingham, Commission’s final order. free at (866) 208–3676, or TTY, contact Alabama 35209 at (205) 325–7696. The Commission strongly encourages (202) 502–8659. There are two ways to become electronic filings of comments, protests East Cheyenne requests: (i) involved in the Commission’s review of and interventions in lieu of paper using Authorization to construct, own, this project. First, any person wishing to the ‘‘eFiling’’ link at http://www.ferc.gov. operate, and maintain a nearly depleted obtain legal status by becoming a party Persons unable to file electronically reservoir natural gas storage facility that to the proceedings for this project should submit an original and 14 copies will accommodate the injection, storage, should, on or before the comment date of the protest or intervention to the and subsequent withdrawal of natural stated below file with the Federal Federal Energy regulatory Commission, gas for redelivery in interstate

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commerce; (ii) pre-granted There are two ways to become and interventions in lieu of paper using abandonment authorization pursuant to involved in the Commission’s review of the ‘‘eFiling’’ link at http://www.ferc.gov. section 7(b) of the NGA to dismantle this project. First, any person wishing to Persons unable to file electronically and abandon the Project’s proposed obtain legal status by becoming a party should submit an original and 14 copies temporary West Peetz Compressor to the proceedings for this project of the protest or intervention to the Station upon the in-service date of the should, on or before the comment date Federal Energy Regulatory Commission, permanent process facility; (iii) a stated below, file with the Federal 888 First Street, NE., Washington, DC blanket certificate pursuant to Part 284, Energy Regulatory Commission, 888 20426. Subpart G that will permit East First Street, NE., Washington, DC 20426, This filing is accessible online at Cheyenne to provide open-access firm a motion to intervene in accordance http://www.ferc.gov, using the and interruptible storage services on with the requirements of the ‘‘eLibrary’’ link and is available for behalf of others in interstate commerce Commission’s Rules of Practice and review in the Commission’s Public with pre-granted abandonment of such Procedure (18 CFR 385.214 or 385.211) Reference Room in Washington, DC. services; (iv) a blanket certificate and the Regulations under the NGA (18 There is an ‘‘eSubscription’’ link on the pursuant to Part 157, Subpart F that will CFR 157.10). A person obtaining party Web site that enables subscribers to permit East Cheyenne to construct, status will be placed on the service list receive e-mail notification when a acquire, operate, rearrange, and abandon maintained by the Secretary of the document is added to a subscribed certain facilities following construction Commission and will receive copies of docket(s). For assistance with any FERC of the proposed Project; (v) all documents filed by the applicant and Online service, please e-mail authorization to provide the proposed by all other parties. A party must submit [email protected], or call storage services at market-based rates; 14 copies of filings made with the (866) 208–3676 (toll free). For TTY, call (vi) approval of the pro forma FERC Gas Commission and must mail a copy to (202) 502–8659. Tariff, under which East Cheyenne will the applicant and to every other party in Comment Date: January 27, 2010. the proceeding. Only parties to the provide open access storage services in Kimberly D. Bose, interstate commerce; and (vii) waiver of proceeding can ask for court review of Secretary. the requirements of some of the Commission orders in the proceeding. Commission’s regulations. However, a person does not have to [FR Doc. 2010–518 Filed 1–13–10; 8:45 am] Any questions concerning this intervene in order to have comments BILLING CODE 6717–01–P application may be directed to James F. considered. The second way to participate is by filing with the Bowe, Jr., Dewey & LeBoeuf LLP, 1101 DEPARTMENT OF ENERGY New York Avenue, NW., Washington, Secretary of the Commission, as soon as possible, an original and two copies of DC 20005–4213, at (202) 346–8000. comments in support of or in opposition Federal Energy Regulatory On May 13, 2009 the Commission to this project. The Commission will Commission staff granted East Cheyenne’s request to consider these comments in [Docket No. CP10–33–000] utilize the Pre-Filing Process and determining the appropriate action to be assigned Docket No. PF09–12–000 to taken, but the filing of a comment alone CenterPoint Energy Gas Transmission staff activities involved in the Project. will not serve to make the filer a party Company; Notice of Application Now as of the filing of the December 18, to the proceeding. The Commission’s 2009 application, the Pre-Filing Process rules require that persons filing January 6, 2010. for this project has ended. From this comments in opposition to the project Take notice that on December 18, time forward, this proceeding will be provide copies of their protests only to 2009, CenterPoint Energy Gas conducted in Docket No. CP10–34–000, the party or parties directly involved in Transmission Company (CEGT), 1111 as noted in the caption of this Notice. the protest. Louisiana Street, Houston, Texas Pursuant to section 157.9 of the Persons who wish to comment only 77002–5231, filed with the Commission Commission’s rules, 18 CFR 157.9, on the environmental review of this an application under Section 7(b) of the within 90 days of this Notice the project should submit an original and Natural Gas Act (NGA) for authorization Commission staff will either: Complete two copies of their comments to the to abandon by sale to ScissorTail its environmental assessment (EA) and Secretary of the Commission. Energy, LLC (ScissorTail) CEGT’s place it into the Commission’s public Environmental commentors will be Shawnee Compressor Station facilities record (eLibrary) for this proceeding; or placed on the Commission’s and dehydrator located in Pittsburg issue a Notice of Schedule for environmental mailing list, will receive County, Oklahoma. In conjunction with Environmental Review. If a Notice of copies of the environmental documents, the abandonment, CEGT seeks Schedule for Environmental Review is and will be notified of meetings determination that the facilities, once issued, it will indicate, among other associated with the Commission’s conveyed to ScissorTail, will be milestones, the anticipated date for the environmental review process. gathering facilities exempt from the Commission staff’s issuance of the final Environmental commentors will not be Commission’s jurisdiction under NGA environmental impact statement (FEIS) required to serve copies of filed section 1(b). This filing is available for or EA for this proposal. The filing of the documents on all other parties. review at the Commission in the Public EA in the Commission’s public record However, the non-party commentors Reference Room or may be viewed on for this proceeding or the issuance of a will not receive copies of all documents the Commission’s Web site at http:// Notice of Schedule for Environmental filed by other parties or issued by the www.ferc.gov using the ‘‘eLibrary’’ link. Review will serve to notify federal and Commission (except for the mailing of Enter the docket number excluding the state agencies of the timing for the environmental documents issued by the last three digits in the docket number completion of all necessary reviews, and Commission) and will not have the right field to access the document. For the subsequent need to complete all to seek court review of the assistance, contact FERC at federal authorizations within 90 days of Commission’s final order. [email protected] or call the date of issuance of the Commission The Commission strongly encourages toll-free, (886) 208–3676 or TTY, (202) staff’s FEIS or EA. electronic filings of comments, protests 502–8659.

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Any questions regarding the petition docket(s). For assistance with any FERC particular resource agency, they must should be directed to B. Michelle Willis, Online service, please e-mail also serve a copy of the document on Manager—Regulatory & Compliance, [email protected], or call that resource agency. CenterPoint Energy Gas Transmission (866) 208–3676 (toll free). For TTY, call Comments may be filed electronically Company, P.O. Box 21734, Shreveport, (202) 502–8659. via the Internet in lieu of paper. The Louisiana 71151 at (318) 429–3708. Comment Date: January 27, 2010. Commission strongly encourages There are two ways to become electronic filings. See 18 CFR involved in the Commission’s review of Kimberly D. Bose, 385.2001(a)(1)(iii) and the instructions this project. First, any person wishing to Secretary. on the Commission’s Web site (http:// obtain legal status by becoming a party [FR Doc. 2010–517 Filed 1–13–10; 8:45 am] www.ferc.gov) under the ‘‘eFiling’’ link. to the proceedings for this project BILLING CODE 6717–01–P k. Description of Project: The Maine should, on or before the comment date Maritime Academy (Academy) intends stated below file with the Federal to deploy and test for short periods, for Energy Regulatory Commission, 888 DEPARTMENT OF ENERGY study purposes, hydrokinetic devices First Street, NE., Washington, DC 20426, that would be located at sites located in a motion to intervene in accordance Federal Energy Regulatory Bagaduce Narrows and Castine Harbor. with the requirements of the Commission The experimental hydrokinetic devices Commission’s Rules of Practice and [Project No. 12777–001] could include: (1) 4.9-foot-diameter, Procedure (18 CFR 385.214 or 385.211) 19.7-foot-long 4 kilowatt (kW) Cross and the Regulations under the NGA (18 Maine Maritime Academy; Notice of Flow Darrius style rotors; (2) 13.1-foot- CFR 157.10). A person obtaining party Declaration of Intention and Petition diameter, 3.3-foot-high 4 kW Cross Flow status will be placed on the service list for Relief Filing and Soliciting Savonius type rotors; and (3) 13.1-foot- maintained by the Secretary of the Comments diameter, 3.3-foot-long 6 kW Axial Flow Commission and will receive copies of turbines with an average capacity up to all documents filed by the applicant and January 6, 2010. 1.5 kW. The devices would be mounted by all other parties. A party must submit Take notice that the following to floats attached to a concrete 14 copies of filings made in the declaration of intention and petition for superstructure, concrete or stone blocks, proceeding with the Commission and relief from the requirements of and other gravity based weighted must mail a copy to the applicant and hydropower licensing has been filed frameworks connected to research to every other party. Only parties to the with the Commission and is available vessels, small launches or barges. The proceeding can ask for court review of for public inspection. hydrokinetic devices would convert Commission orders in the proceeding. a. Type of Filing: Declaration of mechanical power from the tidal However, a person does not have to Intention and Petition for Relief. currents and the rise and fall of the tides intervene in order to have comments b. Project No.: 12777–001. in Bagaduce Narrows and Castine considered. The second way to c. Date Filed: October 28, 2009. Harbor into electrical power without participate is by filing with the d. Applicant: Maine Maritime constructing a dam, reservoir, penstock, Secretary of the Commission, as soon as Academy. or powerhouse. possible, an original and two copies of e. Name of Project: Bagaduce River l. Petition for Declaration of Intention: comments in support of or in opposition Tidal Energy Project. The Academy asks that it be allowed, to this project. The Commission will f. Location: In the Bagaduce River and without a license under Part I of the consider these comments in Estuary, in Hancock County, Maine. The Federal Power Act, to deploy, test, and determining the appropriate action to be project would not occupy federal lands. study the type of facilities listed above, taken, but the filing of a comment alone g. Filed Pursuant to: 18 CFR Part 24, and use the power from the test devices will not serve to make the filer a party Section 24.1. to heat water or charge 3 or 4 batteries to the proceeding. The Commission’s h. Applicant Contact: Richard S. which could sustain a charge and power rules require that persons filing Armstrong, Executive Director, Tidal a 12/24/32 volt array of instruments and comments in opposition to the project Energy Demonstration and Evaluation lights aboard research vessels or small provide copies of their protests only to Center, Capt. Quick Hall, Maine barges. The Academy would initially the party or parties directly involved in Maritime Academy, Castine, ME 04420 test the hydrokinetic devices for 12 to the protest. (207) 326–2186. 14 hours during tidal cycles, and once The Commission strongly encourages i. FERC Contact: Tom Dean at (202) the initial tests were completed, would electronic filings of comments, protests 502–6041. continue to test the devices for and interventions in lieu of paper using j. Deadline for filing comments: 30 durability for up to five weeks. The the ‘‘eFiling’’ link at http://www.ferc.gov. days from the issuance date of this deployment would provide educational Persons unable to file electronically notice. experience for students to develop skills should submit an original and 14 copies All documents (original and eight in deploying, retrieving, maintaining, of the protest or intervention to the copies) should be filed with: Kimberly and repairing hydrokinetic devices. Federal Energy Regulatory Commission, D. Bose, Secretary, Federal Energy m. A copy of the application is 888 First Street, NE., Washington, DC Regulatory Commission, 888 First available for review at the Commission 20426. Street, NE., Washington, DC 20426. in the Public Reference Room or may be This filing is accessible on-line at The Commission’s Rules of Practice viewed on the Commission’s Web site at http://www.ferc.gov, using the require all intervenors filing documents http://www.ferc.gov using the ‘‘eLibrary’’ ‘‘eLibrary’’ link and is available for with the Commission to serve a copy of link. Enter the docket number excluding review in the Commission’s Public that document on each person on the the last three digits in the docket Reference Room in Washington, DC. official service list for the project. number field to access the document. There is an ‘‘eSubscription’’ link on the Further, if an intervenor files comments For assistance, contact FERC Online Web site that enables subscribers to or documents with the Commission Support at receive e-mail notification when a relating to the merits of an issue that [email protected] or toll- document is added to a subscribed may affect the responsibilities of a free at 1–866–208–3676, or for TTY,

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(202) 502–8659. A copy is also available transmission line, temporary laydown (602) 417–9505, fax (602) 417–9454, or for inspection and reproduction at the areas, and other ancillary facilities. e-mail [email protected]. address in item h above. The BLM has agreed to be a SUPPLEMENTARY INFORMATION: Western, You may also register online at http:// cooperating agency for the EIS. an agency within DOE, markets Federal www.ferc.gov/docs-filing/ DATES: Public scoping meetings will be hydroelectric power to preference esubscription.asp to be notified via e- held: customers, as specified by law. These mail of new filings and issuances 1. January 26, 2010, BLM, Yuma Field customers include municipalities, related to this or other pending projects. Office, 2555 E. Gila Ridge Road, Yuma, cooperatives, irrigation districts, Federal For assistance, contact FERC Online AZ 85365. and State agencies, and Native Support. 2. January 27, 2010, Blue Water American tribes. Western’s service Kimberly D. Bose, Casino, 11300 Resort Dr., Parker, AZ territory covers 15 western states, of which Arizona is included. Western Secretary. 85344. owns and operates more than 17,000 3. January 28, 2010, Quartzsite Town [FR Doc. 2010–525 Filed 1–13–10; 8:45 am] miles of high-voltage transmission lines. BILLING CODE 6717–01–P Hall, 465 N. Plymouth Ave., Quartzsite, QSE is a Santa Monica, California- AZ 85346. based energy company formed by U.S. The public scoping meetings will Renewables Group, a private equity firm DEPARTMENT OF ENERGY begin at 6 p.m. and will end at 8 p.m. focused exclusively on renewable The meetings will be informal, and energy. Western Area Power Administration attendees will be able to speak directly Project Description and Alternatives Construction and Operation of the with Western and QSE representatives Quartzsite Solar Energy Project, La about the proposed Project. The public QSE proposes to construct a 100-MW Paz County, AZ (DOE/EIS–0440) scoping period begins with the (net), solar-powered electrical publication of this notice and closes on generation facility in La Paz County, AGENCY: Western Area Power February 16, 2010. Announcements will Arizona. The solar power facility would Administration, DOE. also be made by news release to the occupy approximately 1,450 acres of ACTION: Notice of Intent To Prepare an media, individual letter mailings, and BLM administered lands within a larger Environmental Impact Statement and To posting on the Western Web site listed BLM administered area. The proposed Conduct Scoping Meetings; Notice of below. Project would be located approximately Floodplain and Wetlands Involvement. ADDRESSES: Western will host public six miles north of Quartzsite, and scoping meetings at the time and adjacent to Arizona State Route 95. The SUMMARY: The Western Area Power locations indicated in the DATES section. proposed Project, powerline and Administration (Western), an agency of Oral or written comments may be ancillary facilities would be on BLM the DOE, intends to prepare an provided at the public scoping administered land. environmental impact statement (EIS) meetings, mailed or e-mailed to Ms. The proposed Project would use for the proposed Quartzsite Solar Energy Mary Barger. Comments should be concentrating solar ‘‘power tower’’ Project (Project) in La Paz County, near addressed to Ms. Mary Barger, National technology to capture the sun’s heat to Quartzsite, Arizona. Quartzsite Solar Environmental Policy Act (NEPA) make steam, which would power Energy, LLC (QSE) has applied to Document Manager, Western Area traditional steam turbine generators. Western to interconnect the proposed Power Administration, Desert The solar power facility would contain Project to Western’s power transmission Southwest Region, P.O. Box 6457, 615 the power block, a central receiver or system. Western is issuing this notice to S. 43rd Avenue, Phoenix, AZ 85005 or tower, solar fields which consist of inform the public and interested parties [email protected]. mirrors or heliostats to reflect the sun’s about Western’s intent to prepare an energy to the central tower, a thermal EIS, to conduct a public scoping FOR FURTHER INFORMATION CONTACT: For energy storage system, technical and process, and to invite the public to information on the proposed Project and non-technical buildings, a stormwater comment on the scope, proposed action, general information about system, water supply and treatment alternatives, and issues to be addressed interconnections with Western’s systems, a wastewater system, and other in the EIS. Solar Reserve has applied to transmission system, you may refer to supporting facilities. the Bureau of Land Management (BLM), the project Web site http:// Other Project components would Yuma Field Office for a right-of-way www.wapa.gov/transmission/ include access roads, an electrical grant for the proposed solar power quartzsitesolar.htm or contact Ms. Mary substation, and a transmission line. The plant. Western will apply to BLM for a Barger, NEPA Document Manager, at the access road would originate from right-of-way grant for the proposed address above, by telephone (602) 605– Highway 95 and extend approximately substation. 2524, fax (602) 605–2630, or e-mail 0.5 miles to the perimeter of the solar This EIS will address Western’s [email protected]. power facility. Federal action of interconnecting the For general information on DOE’s QSE has applied to Western to proposed Project to Western’s NEPA review procedures or status of a interconnect the proposed Project to transmission system and making any NEPA review, contact Ms. Carol M. Western’s transmission system. The necessary modification to Western Borgstrom, Director of NEPA Policy and transmission line from the solar facility facilities to accommodate the Compliance, GC–54, U.S. Department of would extend approximately 0.5 miles interconnection. The EIS will also Energy, 1000 Independence Avenue, from the solar facility boundary to a review the potential environmental SW., Washington, DC 20585, telephone new substation to be constructed impacts of QSE constructing, operating, (202) 586–4600 or (800) 472–2756. adjacent to Western’s existing line. The and maintaining a 100-megawatt (MW) For information on BLM’s substation would be owned, operated, (net) solar-powered generating facility, participation, contact Eddie Arreola, and maintained by Western, and would consisting of a solar field of heliostat Supervisory Project Manager, Bureau of be located adjacent to Western’s existing mirrors, power block, thermal energy Land Management, One North Central Bouse-Kofa 161-kV line that parallels storage system, substation site, Avenue, Phoenix, AZ 85004, telephone State Route 95 in the vicinity of

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Quartzsite, Arizona. The substation accordance with DOE regulations for proposed Project, review Project maps, would be approximately 300 x 400 feet, Compliance with Floodplain and answer questions, and take written or about 2 to 3 acres. Wetlands Environmental Review comments from interested parties. All An on-site temporary laydown area Requirements at 10 CFR 1022.12(a). The meeting locations will be handicapped- would be used during the construction EIS will include a floodplain/wetland accessible. Anyone needing special phase of the Project. The laydown areas, assessment and, if required, a accommodations should contact Ms. outside of the solar facility boundary, floodplain/wetland statement of Barger to make arrangements. total approximately 30 acres and would findings will be issued with the Final The public will have the opportunity be used for storage and assembly of EIS or Western and BLM’s Records of to provide written comments at the proposed Project components and for Decision (ROD). public scoping meetings. Written temporary construction trailers. comments may also be sent to Ms. Environmental Issues Proposed Agency Action and Barger by fax, e-mail, or U.S. Postal This notice is to inform agencies and Alternatives Service mail. To help define the scope the public of Western’s intent to prepare of the EIS, comments should be received Western’s proposed actions are to an EIS and solicit comments and by Western no later than February 16, build a new substation and to suggestions for consideration in the EIS. 2010. interconnect the proposed Project to To help the public frame its comments, Dated: January 6, 2010. Western’s transmission system at the the following list contains potential substation described above. environmental issues preliminarily Timothy J. Meeks, Western will also consider the no- identified for analysis in the EIS: Administrator. action alternative in the EIS. Under the 1. Impacts on protected, threatened, [FR Doc. 2010–605 Filed 1–13–10; 8:45 am] no-action alternative, Western would endangered, or sensitive species of BILLING CODE 6450–01–P deny the interconnection request and animals or plants. would not build a new substation. For 2. Impacts on migratory birds. the purpose of impact analysis and 3. Introduction of noxious weeds, DEPARTMENT OF ENERGY comparison in the EIS, it will be invasive and non-native species. assumed that the Applicant’s proposed 4. Impacts on recreation and Federal Energy Regulatory Project would not be built and the transportation. Commission environmental impacts associated with 5. Impacts on land use, wilderness, [Docket No. PF10–2–000] construction and operation would not farmlands, and Areas of Critical occur. Environmental Concern. Northern Border Pipeline Company; Agency Responsibilities 6. Impacts on cultural or historic Notice of Intent To Prepare an resources and tribal values. Environmental Assessment for the Because interconnection of the 7. Impacts on human health and Planned Princeton Lateral Project, proposed Project would incorporate a safety. Request for Comments on major new generation resource into 8. Impacts on air, soil, and water Environmental Issues, and Notice of Western’s power transmission system, resources (including air quality and Public Scoping Meeting Western has determined that an EIS is surface water impacts). required under DOE NEPA 9. Visual impacts. January 7, 2010. implementing procedures, 10 CFR part 10. Socioeconomic impacts and The staff of the Federal Energy 1021, Subpart D, Appendix D, class of disproportionately high and adverse Regulatory Commission (FERC or 1 action D6. Western would be the lead impacts to minority and low-income Commission) will prepare an Federal agency for preparing the EIS, as populations. environmental assessment (EA) that will defined at 40 CFR 1501.5. The proposed This list is not intended to be all- discuss the environmental impacts of Project would include construction of a inclusive or to imply any the Princeton Lateral Project involving new electrical generating facility, predetermination of impacts. Western construction and operation of facilities substation and transmission line across invites interested parties to suggest by Northern Border Pipeline Company lands managed by the BLM; therefore, specific issues within these general (Northern Border) in Bureau County, the BLM has agreed to be a cooperating categories, or other issues not included Illinois. This EA will be used by the agency for preparation of the EIS. above, to be considered in the EIS. Commission in its decision-making Western will invite other Federal, State, process to determine whether the local, and tribal agencies with Public Participation project is in the public convenience and jurisdiction by law or special expertise The EIS process includes a public necessity. with respect to environmental issues to scoping period; public scoping This notice announces the opening of be cooperating agencies on the EIS, as meetings; public review and hearings on the scoping process the Commission defined at 40 CFR 1501.6. Such agencies the draft EIS; publication of a final EIS; will use to gather input from the public may also make a request to Western to and publication of a ROD. The public and interested agencies on the project. be a cooperating agency by contacting scoping period begins with publication Your input will help the Commission Ms. Barger at the address listed above in of this notice and closes February 16, staff determine what issues need to be the ADDRESSES section. Because the 2010. At the conclusion of the NEPA evaluated in the EA. Please note that the proposed Project may involve action in process, Western will prepare a ROD. scoping period will close on February 8, floodplains or wetlands, this NOI also Persons interested in receiving future 2010. serves as a notice of proposed notices, Project information, copies of Comments may be submitted in floodplain or wetland action, in the EIS, and other information on the written form or verbally. Further details NEPA review process should contact on how to submit written comments are 1 On October 4, 1999, DOE’s Assistant Secretary Ms. Barger at the address listed above in provided in the Public Participation for Environmental, Safety and Health delegated to ADDRESSES Western’s Administrator the authority to approve the section. section of this notice. In lieu of or in EISs for integrating transmission facilities with The purpose of the scoping meetings addition to sending written comments, Western’s transmission grid. is to provide information about the we invite you to attend the public

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scoping meeting we have scheduled as follows:

Date and time Location

January 21, 2010, 7 p.m. (CST) ...... Princeton Public Library, 698 East Peru Street, Princeton, Illinois 61356.

This notice is being sent to the • One pig1 launcher assembly; and • Air quality and noise; Commission’s current environmental • One delivery meter station and • Endangered and threatened species; mailing list for this project, which appurtenant facilities. and includes affected landowners; Federal, The general location of the project • Public safety. State, and local government facilities is shown in appendix 1.2 We will also evaluate possible alternatives to the planned project or representatives and agencies; elected Land Requirements for Construction officials; environmental and public portions of the project, and make interest groups; Native American Tribes; Construction of the planned facilities recommendations on how to lessen or other interested parties; and local would disturb about 88.7 acres of land avoid impacts on the various resource libraries and newspapers. State and for the aboveground facilities and the areas. local government representatives are pipeline. Following construction, about Although no formal application has asked to notify their constituents of this 54.6 acres would be maintained for been filed, we have already initiated our planned project and encourage them to permanent operation of the project’s NEPA review under the Commission’s comment on their areas of concern. facilities; the remaining acreage would pre-filing process. The purpose of the be restored and allowed to revert to pre-filing process is to encourage early If you are a landowner receiving this former uses. involvement of interested stakeholders notice, you may be contacted by a and to identify and resolve issues before The EA Process pipeline company representative about an application is filed with the FERC. the acquisition of an easement to The National Environmental Policy As part of our pre-filing review, we have construct, operate, and maintain the Act (NEPA) requires the Commission to begun to contact some Federal and State planned facilities. The company would take into account the environmental agencies to discuss their involvement in seek to negotiate a mutually acceptable impacts that could result from an action the scoping process and the preparation agreement. However, if the project is whenever it considers the issuance of a of the EA. approved by the Commission, that Certificate of Public Convenience and Our independent analysis of the approval conveys with it the right of Necessity. NEPA also requires us 3 to issues will be presented in the EA. eminent domain. Therefore, if easement discover and address concerns the Depending on the comments received negotiations fail to produce an public may have about proposals. This during the scoping process, the EA may agreement, the pipeline company could process is referred to as scoping. The be published and mailed to those on our initiate condemnation proceedings in main goal of the scoping process is to environmental mailing list. A comment accordance with State law. focus the analysis in the EA on the period will be allotted for review if the A fact sheet prepared by the FERC important environmental issues. By this EA is published. We will consider all entitled ‘‘An Interstate Natural Gas notice, the Commission requests public comments on the EA before we make Facility On My Land? What Do I Need comments on the scope of the issues to our recommendations to the To Know?’’ is available for viewing on address in the EA. All comments Commission. To ensure your comments the FERC Web site (http:// received will be considered during the are considered, please carefully follow www.ferc.gov). This fact sheet addresses preparation of the EA. the instructions in the Public a number of typically asked questions, In the EA we will discuss impacts that Participation section below. including the use of eminent domain could occur as a result of the With this notice, we are asking and how to participate in the construction and operation of the agencies with jurisdiction and/or Commission’s proceedings. planned project under these general special expertise with respect to headings: environmental issues to formally Summary of the Planned Project • Geology and soils; cooperate with us in the preparation of • Northern Border plans to construct Land use; the EA. These agencies may choose to • Water resources, fisheries, and and operate approximately 8.9 miles of participate once they have evaluated the wetlands; 16-inch-diameter pipeline in Bureau • proposal relative to their Cultural resources; responsibilities. Agencies that would County, Illinois. The Princeton Lateral • Vegetation and wildlife; Project would provide about 120 million like to request cooperating agency status should follow the instructions for filing standard cubic feet of natural gas per 1 A pipeline ‘‘pig’’ is a device designed to day to the Central Illinois Light internally clean or inspect the pipeline. A pig comments provided under the Public Company (CILCO), a local distribution launcher/receiver is an aboveground facility where Participation section of this notice. company. Northern Border states that its pigs are inserted or retrieved from the pipeline. 2 Public Participation project would provide CILCO with the The appendices referenced in this notice are not being printed in the Federal Register. Copies of You can make a difference by natural gas pipeline capacity to meet the appendices were sent to all those receiving this natural gas demand in its service notice in the mail and are available at http:// providing us with your specific territory. www.ferc.gov using the link called ‘‘eLibrary’’ or comments or concerns about the project. from the Commission’s Public Reference Room, 888 Your comments should focus on the The Princeton Lateral Project would First Street, NE., Washington, DC 20426, or call potential environmental effects, 202–502–8371. For instructions on connecting to consist of the following facilities: reasonable alternatives, and measures to • eLibrary, refer to the last page of this notice. Approximately 8.9 miles of 16-inch- 3 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the environmental avoid or lessen environmental impacts. diameter pipeline; staff of the Commission’s Office of Energy Projects. The more specific your comments, the

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more useful they will be. To ensure that may want to become an ‘‘intervenor,’’ DEPARTMENT OF ENERGY your written comments are timely and which is an official party to the properly recorded, please send in your Commission’s proceeding. Intervenors Federal Energy Regulatory comments so that they will be received play a more formal role in the process Commission in Washington, DC on or before and are able to file briefs, appear at [Docket No. EL10–31–000] February 8, 2010. hearings, and be heard by the courts if For your convenience, there are three they choose to appeal the Commission’s City of Pasadena, CA; Notice of Filing methods which you can use to submit final ruling. An intervenor formally your written comments to the January 6, 2010. participates in the proceeding by filing Take notice that on December 30, Commission. The Commission a request to intervene. Instructions for encourages electronic filing of 2009, City of Pasadena, California filed becoming an intervenor are included in comments and has expert eFiling staff its fifth annual revision to its the User’s Guide under the ‘‘eFiling’’ available to assist you at 202–502–8258 Transmission Revenue Balancing or [email protected]. link on the Commission’s Web site. Account Adjustment, consistent with its (1) You may file your comments Please note that you may not request Transmission Owner Tariff and the electronically by using the Quick intervenor status at this time. You must California Independent System Operator Comment feature, which is located at wait until a formal application for the Corporation Electric Tariff, CASIO http://www.ferc.gov under the link project is filed with the Commission. Tariff, Appendix F, Schedule 3, § 8.1 Original Sheet No. 1215, to become called ‘‘Documents and Filings.’’ A Additional Information Quick Comment is an easy method for effective January 1, 2010. interested persons to submit text-only Additional information about the Any person desiring to intervene or to comments on a project; project is available from the protest this filing must file in (2) You may file your comments Commission’s Office of External Affairs, accordance with Rules 211 and 214 of electronically by using the ‘‘eFiling’’ at 1–866–208–FERC or on the FERC the Commission’s Rules of Practice and feature that is listed under the Web site (http://www.ferc.gov) using the Procedure (18 CFR 385.211, 385.214). Protests will be considered by the ‘‘Documents and Filings’’ link. eFiling eLibrary link. Click on the eLibrary link, Commission in determining the involves preparing your submission in click on ‘‘General Search’’ and enter the the same manner as you would if filing appropriate action to be taken, but will docket number, excluding the last three on paper, and then saving the file on not serve to make protestants parties to digits, in the Docket Number field. Be your computer’s hard drive. You will the proceeding. Any person wishing to sure you have selected an appropriate attach that file to your submission. New become a party must file a notice of eFiling users must first create an date range. For assistance, please intervention or motion to intervene, as account by clicking on the links called contact FERC Online Support at appropriate. Such notices, motions, or ‘‘Sign up’’ or ‘‘eRegister’’. You will be [email protected] or toll free protests must be filed on or before the asked to select the type of filing you are at 1–866–208–3676, or for TTY, contact comment date. On or before the making. A comment on a particular 202–502–8659. The eLibrary link also comment date, it is not necessary to project is considered a ‘‘Comment on a provides access to the texts of formal serve motions to intervene or protests Filing’’; or documents issued by the Commission, on persons other than the Applicant. (3) You may file your comments with such as orders, notices, and The Commission encourages the Commission via mail by sending an rulemakings. electronic submission of protests and original and two copies of your letter to: In addition, the Commission offers a interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. Kimberly D. Bose, Secretary, Federal free service called eSubscription which Persons unable to file electronically Energy Regulatory Commission, 888 allows you to keep track of all formal should submit an original and 14 copies First Street, NE., Room 1A, Washington, issuances and submittals in specific DC 20426. of the protest or intervention to the dockets. This can reduce the amount of In all instances, please reference the Federal Energy Regulatory Commission, project docket number (PF10–2–000) time you spend researching proceedings 888 First Street, NE., Washington, DC with your submission. Label one copy of by automatically providing you with 20426. the comments for the attention of Gas notification of these filings, document This filing is accessible on-line at Branch 1, PJ–11.1. summaries and direct links to the http://www.ferc.gov, using the documents. Go to http://www.ferc.gov/ ‘‘eLibrary’’ link and is available for Environmental Mailing List esubscribenow.htm. review in the Commission’s Public An effort is being made to send this Finally, public meetings or site visits Reference Room in Washington, DC. notice to all individuals, organizations, will be posted on the Commission’s There is an ‘‘eSubscription’’ link on the and government entities interested in calendar located at http://www.ferc.gov/ Web site that enables subscribers to and/or potentially affected by the EventCalendar/EventsList.aspx along receive e-mail notification when a planned project. This includes all with other related information. document is added to a subscribed landowners who are potential right-of- docket(s). For assistance with any FERC way grantors, whose property may be Kimberly D. Bose, Online service, please e-mail used temporarily for project purposes, Secretary. [email protected], or call or who own homes within certain [FR Doc. 2010–532 Filed 1–13–10; 8:45 am] (866) 208–3676 (toll free). For TTY, call distances of aboveground facilities (as (202) 502–8659. BILLING CODE 6717–01–P defined in the Commission’s Comment Date: 5 p.m. Eastern Time regulations), as well as those who on January 20, 2010. comment on the project. Kimberly D. Bose, Becoming an Intervenor Secretary. Once Northern Border files its [FR Doc. 2010–523 Filed 1–13–10; 8:45 am] application with the Commission, you BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission [Docket No. EL10–30–000] [Docket No. EL09–57–002] [Docket No. EL10–25–001] City of Azusa, CA; Notice of Filing New York Independent System City of Anaheim, CA; Notice of Filing January 6, 2010. Operator, Inc.; Notice of Filing Take notice that on December 30, January 5, 2010. 2009, City of Azusa, California filed its January 5, 2010. Take notice that on December 30, seventh annual revision to its Take notice that on December 31, 2009, City of Anaheim, California filed Transmission Revenue Balancing 2009, New York Independent System a revised version of Appendix I to its Account Adjustment, consistent with its Operator, Inc filed in compliance with Transmission Owner Tariff, revised Transmission Owner Tariff and the the Commission’s September 3, 2009 Affidavit of Nancy Le, and revised California Independent System Operator Order, 128 FERC 61, 221 (2009) and the Exhibit Nos. ANA–1 and ANA–2 to the Corporation Electric Tariff, CASIO December 1, 2009 Extension of Time, Transmission Revenue Balancing Tariff, Appendix F, Schedule 3, § 8.1 revisions to Attachment S of its Open Account Adjustment submitted on Original Sheet No. 1215, to become Access Transmission Tariff. December 22, 2009. effective January 1, 2010. Any person desiring to intervene or to Any person desiring to intervene or to Any person desiring to intervene or to protest this filing must file in protest this filing must file in protest this filing must file in accordance with Rules 211 and 214 of accordance with Rules 211 and 214 of accordance with Rules 211 and 214 of the Commission’s Rules of Practice and the Commission’s Rules of Practice and the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). Procedure (18 CFR 385.211, 385.214). Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Protests will be considered by the Protests will be considered by the Commission in determining the Commission in determining the Commission in determining the appropriate action to be taken, but will appropriate action to be taken, but will appropriate action to be taken, but will not serve to make protestants parties to not serve to make protestants parties to not serve to make protestants parties to the proceeding. Any person wishing to the proceeding. Any person wishing to the proceeding. Any person wishing to become a party must file a notice of become a party must file a notice of become a party must file a notice of intervention or motion to intervene, as intervention or motion to intervene, as intervention or motion to intervene, as appropriate. Such notices, motions, or appropriate. Such notices, motions, or appropriate. Such notices, motions, or protests must be filed on or before the protests must be filed on or before the protests must be filed on or before the comment date. On or before the comment date. On or before the comment date. On or before the comment date, it is not necessary to comment date, it is not necessary to comment date, it is not necessary to serve motions to intervene or protests serve motions to intervene or protests serve motions to intervene or protests on persons other than the Applicant. on persons other than the Applicant. on persons other than the Applicant. The Commission encourages The Commission encourages The Commission encourages electronic submission of protests and electronic submission of protests and electronic submission of protests and interventions in lieu of paper using the interventions in lieu of paper using the interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. ‘‘eFiling’’ link at http://www.ferc.gov. ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically Persons unable to file electronically Persons unable to file electronically should submit an original and 14 copies should submit an original and 14 copies should submit an original and 14 copies of the protest or intervention to the of the protest or intervention to the of the protest or intervention to the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC 20426. 20426. 20426. This filing is accessible on-line at This filing is accessible on-line at This filing is accessible on-line at http://www.ferc.gov, using the http://www.ferc.gov, using the http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for review in the Commission’s Public review in the Commission’s Public review in the Commission’s Public Reference Room in Washington, DC. Reference Room in Washington, DC. Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to Web site that enables subscribers to Web site that enables subscribers to receive e-mail notification when a receive e-mail notification when a receive e-mail notification when a document is added to a subscribed document is added to a subscribed document is added to a subscribed docket(s). For assistance with any FERC docket(s). For assistance with any FERC docket(s). For assistance with any FERC Online service, please e-mail Online service, please e-mail Online service, please e-mail [email protected], or call [email protected], or call [email protected], or call (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. (202) 502–8659. (202) 502–8659. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on January 20, 2010. on January 21, 2010. on January 22, 2010. Kimberly D. Bose, Kimberly D. Bose, Kimberly D. Bose, Secretary. Secretary. Secretary. [FR Doc. 2010–522 Filed 1–13–10; 8:45 am] [FR Doc. 2010–520 Filed 1–13–10; 8:45 am] [FR Doc. 2010–521 Filed 1–13–10; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY docket(s). For assistance with any FERC DATES: Public scoping meetings are: Online service, please e-mail (1) January 26, 2010, from 3 p.m. to Federal Energy Regulatory [email protected] or call 8 p.m. in Cheyenne, Wyoming. Commission (866) 208–3676 (toll free). For TTY, call (2) January 27, 2010, from 3 p.m. to (202) 502–8659. 8 p.m. in Laramie, Wyoming. [Docket No. ER10–507–000] The public scoping period starts with Kimberly D. Bose, the publication of this notice and ends ERA MA, LLC; Supplemental Notice Secretary. on March 1, 2010. Western will consider That Initial Market-Based Rate Filing [FR Doc. 2010–533 Filed 1–13–10; 8:45 am] all comments on the scope of the EIS Includes Request for Blanket Section BILLING CODE 6717–01–P received or postmarked by that date. 204 Authorization The public is invited to submit January 7, 2010. comments on the proposed Project at DEPARTMENT OF ENERGY This is a supplemental notice in the any time during the EIS process. above-referenced proceeding of ERA Western Area Power Administration ADDRESSES: Western will host public MA, LLC’s application for market-based scoping meetings at Little America rate authority, with an accompanying Interconnection of the Proposed Hotel, 2800 West Lincolnway, rate tariff, noting that such application Hermosa West Wind Farm Project, Cheyenne, Wyoming; and at Hilton includes a request for blanket Wyoming (DOE/EIS–0438) Garden Inn and UW Conference Center, authorization, under 18 CFR Part 34, of 2229 East Grand Avenue, Laramie, AGENCY: Western Area Power Wyoming, to provide information on the future issuances of securities and Administration, DOE. assumptions of liability. Project and gather comments on the ACTION: Notice of Intent To Prepare an Any person desiring to intervene or to proposal. Oral or written comments may Environmental Impact Statement and to protest should file with the Federal be provided at the public scoping Conduct Scoping Meetings; Notice of Energy Regulatory Commission, 888 meetings or mailed or e-mailed to Mark Floodplain and Wetlands Involvement. First Street, NE., Washington, DC 20426, Wieringa, NEPA Document Manager, Corporate Services Office, Western Area in accordance with Rules 211 and 214 SUMMARY: Shell WindEnergy Inc. (SWE) of the Commission’s Rules of Practice applied to interconnect their proposed Power Administration, P.O. Box 281213, and Procedure (18 CFR 385.211 and 300-megawatt (MW) Hermosa West Lakewood, CO 80228–8213, e-mail 385.214). Anyone filing a motion to Wind Farm Project (Project) with the [email protected], telephone (800) intervene or protest must serve a copy Western Area Power Administration’s 336–7288. of that document on the Applicant. (Western) existing Craig—Ault 345- FOR FURTHER INFORMATION CONTACT: For Notice is hereby given that the kilovolt (kV) transmission line in additional information on the proposed deadline for filing protests with regard Albany County, Wyoming. Western will Project, the EIS process, or to receive a to the applicant’s request for blanket prepare an environmental impact copy of the Draft EIS when it is authorization, under 18 CFR Part 34, of statement (EIS) on the proposal to published, contact Mark Wieringa at the future issuances of securities and interconnect the Project in accordance addresses above. For general assumptions of liability, is January 27, with the National Environmental Policy information on the DOE’s NEPA review 2010. Act of 1969 (NEPA), U.S. Department of process, contact Carol M. Borgstrom, The Commission encourages Energy (DOE) NEPA Implementing Director, Office of NEPA Policy and electronic submission of protests and Procedures, and the Council on Compliance, GC–54, U.S. Department of interventions in lieu of paper, using the Environmental Quality (CEQ) Energy, 1000 Independence Avenue, FERC Online links at http:// regulations for implementing NEPA. SW., Washington, DC 20585–0119, www.ferc.gov. To facilitate electronic Western’s need for agency action is telephone (202) 586–4600 or (800) 472– service, persons with Internet access precipitated by SWE’s application to 2756, facsimile (202) 586–7031. who will eFile a document and/or be interconnect with Western’s power SUPPLEMENTARY INFORMATION: Western is listed as a contact for an intervenor transmission system. Western needs to a Federal power marketing agency must create and validate an consider SWE’s interconnection request within the DOE that markets and eRegistration account using the under its Open Access Transmission delivers Federal wholesale electric eRegistration link. Select the eFiling Service Tariff (Tariff). This EIS will power (principally hydroelectric power) link to log on and submit the address Western’s Federal action of to municipalities, rural electric intervention or protests. interconnecting the proposed Project to cooperatives, public utilities, irrigation Persons unable to file electronically Western’s transmission system, districts, Federal and State agencies, should submit an original and 14 copies constructing an interconnection facility and Native American tribes in 15 of the intervention or protest to the on Western’s existing Craig—Ault western and central States. The Federal Energy Regulatory Commission, transmission line, and making necessary proposed Project would be located 888 First Street, NE., Washington, DC system modifications to accommodate within Western’s Rocky Mountain 20426. the interconnection. By taking this Region, which operates in Colorado, The filings in the above-referenced action, power generated by the proposed most of Wyoming, and portions of proceeding are accessible in the Project would use Western’s Nebraska, Kansas, Utah, and New Commission’s eLibrary system by transmission system to reach the Mexico. SWE applied to interconnect clicking on the appropriate link in the market. their proposed 300–MW Project with above list. They are also available for Portions of the proposed Project may Western’s existing Craig—Ault 345-kV review in the Commission’s Public affect floodplains and wetlands, so this transmission line in Albany County, Reference Room in Washington, DC. Notice of Intent (NOI) also serves as a Wyoming. The proposed Project would There is an eSubscription link on the notice of proposed floodplain or be located on private and State lands; no Web site that enables subscribers to wetland action in accordance with DOE federally-managed land would be receive e-mail notification when a floodplain and wetland environmental affected. There are no designated document is added to a subscribed review requirements. cooperating agencies at this time, but

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cooperating agencies could be identified within an 11,125-acre site in southeast affected environmental resources. Wind at a later date. Albany County, near the towns of farm projects are generally known to Western will prepare an EIS on the Hermosa and Tie Siding. The turbines have visual and noise effects, and may interconnection of the proposed Project would be located in 11 north-south affect birds and bats. in accordance with NEPA (42 U.S.C. oriented strings of varying lengths, with 4321 et seq.); DOE NEPA Implementing the strings being approximately one-half Public Participation Procedures (10 CFR part 1021), and the mile apart. In addition to the turbines, Interested parties are invited to CEQ regulations for implementing other proposed Project facilities would participate in the scoping process to 1 NEPA (40 CFR parts 1500–1508). include all-weather access roads to each help define the important resources and Purpose and Need for Agency Action turbine location; underground power issues to be analyzed in depth, and to collection lines linking turbines to the Western’s need for agency action is eliminate from detailed study issues Project Substation; the Project that are not pertinent. The scoping precipitated by SWE’s application to Substation; a short high-voltage interconnect with Western’s power process will involve all interested transmission line linking the Project agencies (Federal, State, county, and transmission system. Western needs to Substation to Western’s transmission consider SWE’s interconnection request local), Native American tribes, public system; operation and maintenance interest groups, businesses, affected under Western’s Tariff, which provides facilities and yard; Supervisory Control for open access to its transmission landowners, and individual members of and Data Acquisition equipment and the public. system through an interconnection if metering equipment; and a permanent there is available capacity in the meteorological tower. The proposed Western will consult with affected transmission system. This EIS will Project Substation would likely be co- tribes to jointly evaluate and address the address Western’s Federal action of located with Western’s interconnection potential effects on cultural resources, constructing an interconnection facility facility. traditional cultural properties, or other on the existing Craig—Ault transmission While Western’s Federal action is to resources important to the tribes. These line, and making necessary system consider the interconnection request consultations will be conducted in modifications to accommodate the and the physical interconnection to accordance with Executive Order 13175, interconnection of SWE’s proposed Western’s existing transmission system, Consultation and Coordination with Project. Preliminary studies indicate the EIS will also identify and review the Indian Tribal Governments (65 FR that the power system can accommodate environmental impacts of SWE’s 67249), the President’s memorandum of the proposed interconnection without proposed Project. SWE will complete April 29, 1994, Government-to- negatively affecting system reliability or necessary coordination with State and Government Relations with Native power deliveries to existing customers. local agencies to permit their proposed American Tribal Governments (59 FR The transmission system may require Project. 22951), DOE-specific guidance on tribal interactions, and applicable natural and network and/or transmission system Floodplain or Wetland Involvement upgrades as determined in the final cultural resources laws and regulations. Since the proposed Project may studies. Public scoping meetings will be held involve action in floodplains or as described under DATES and Proposed Action wetlands, this NOI also serves as a ADDRESSES above. The meetings will be notice of proposed floodplain or Subject to compliance with the informal, and attendees will be able to wetland action. The EIS will include a provisions of the Tariff, Western speak directly with Western and SWE floodplain/wetland assessment and proposes to approve SWE’s representatives about the proposed floodplain/wetland statement of interconnection request and construct Project. The public is encouraged to findings following DOE regulations for an interconnection facility on the provide information and comments on compliance with floodplain and Craig—Ault transmission line. By taking issues it believes Western should wetlands environmental review (10 CFR this action, power generated by the address in the EIS. Comments may be part 1022). proposed Project would use Western’s broad in nature or restricted to specific transmission system to reach the Environmental Issues areas of concern. After gathering market. The location of the proposed Project comments on the scope of the EIS, Alternatives is in a sparsely populated portion of Western will address issues raised in Western will evaluate location southeastern Wyoming. Available the EIS. Comments on Western’s options for the interconnection facility overview information indicates this area proposed action and SWE’s proposed in the vicinity of the proposed Project has a relatively low probability of Project will be accepted at any time along the existing Craig—Ault substantial natural resources conflicts. during the EIS process, and may be transmission line. Under the no action SWE’s siting process for the wind directed to Western as described under alternative, Western would not approve turbine strings and associated facilities ADDRESSES above. the interconnection request, nor considered sensitive resources, and the Western’s EIS process will include the construct the interconnection facility. proposed Project was designed to avoid public scoping meetings; consultation these areas. The EIS will evaluate the and coordination with appropriate Applicant’s Proposed Project level of impact Western’s proposed Federal, State, county, and local SWE’s proposed Project would consist action and SWE’s proposed Project agencies and tribal governments; of up to 200 wind turbine generators would have on environmental resources involvement with affected landowners; with a combined total generating within the 11,125-acre site, which may distribution of and public review and capacity of up to 300 MW, located lead to minor modifications in the comment on the Draft EIS; a formal proposed Project to further avoid or public hearing or hearings on the Draft 1 On October 4, 1999, DOE’s Assistant Secretary minimize resource impacts. While no EIS; distribution of a published Final for Environmental, Safety and Health delegated to Western’s Administrator the authority to approve substantive resource conflicts have been EIS; and publication of Western’s EISs for integrating transmission facilities with identified thus far, the EIS will analyze Record of Decision in the Federal Western’s transmission grid. the potential impacts on potentially Register.

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Dated: January 6, 2010. DEPARTMENT OF ENERGY ENVIRONMENTAL PROTECTION Timothy J. Meeks, AGENCY Administrator. Federal Energy Regulatory Commission [FRL–9102–9] [FR Doc. 2010–569 Filed 1–13–10; 8:45 am] BILLING CODE 6450–01–P Clean Air Act Operating Permit [Docket Nos. RP10–134–000; RP09–423– Program; Petition for Objection to 000; RP09–423–002] Federal Operating Permit for American DEPARTMENT OF ENERGY Columbia Gulf Transmission Electric Power Service Corporation, Company; Notice of Technical Southwest Electric Power Company Federal Energy Regulatory Conference AGENCY: Environmental Protection Commission Agency (EPA). January 6, 2010. ACTION: Notice of final action. [Docket No. CP10–12–000] Take notice that Commission Staff will convene a technical conference in SUMMARY: This document announces Florida Gas Transmission Company, the above-referenced proceedings on that the EPA Administrator has LLC; Notice of Staff Protest to Tuesday, January 19, 2010 at 10 a.m. responded to a citizen petition asking Proposed Blanket Certificate Activity (EST), in a room to be designated at the EPA to object to the American Electric offices of the Federal Energy Regulatory Power Service Corporation, Southwest January 7, 2010. Commission, 888 First Street, NE., Electric Power Company (AEP) Commission staff (Protestor) hereby Washington, DC 20426. operating permit issued by the Arkansas protests the prior notice request filed The purpose of the technical Department of Environmental Quality. under the provisions of Part 157, conference is to consider the issues Specifically, the Administrator has subpart F, of the Commission’s raised by Columbia Gulf Transmission partially granted and partially denied regulations, by Florida Gas Company’s (Columbia Gulf) Incentive the petition submitted by Fixed Fuel filing in Docket No. RP10– Transmission Company, LLC (FGT) on Environmental Integrity Project, Sierra 134–000 and what changes, if any, October 29, 2009 in the above Club and Audubon (Petitioners), to might be necessary or appropriate. object to the title V operating permit for referenced docket. Pursuant to its Part Because Columbia Gulf’s Incentive 157, subpart F, blanket certificate AEP to operate the John W. Turk, Jr. Fixed Fuel filing presents interrelated power plant in Fulton, Hempstead authority, FGT proposes to replace, issues with the Transportation upgrade, and relocate portions of the County, Arkansas (Turk plant). Retainage Adjustment filing in Docket Pursuant to section 505(b)(2) of the existing St. Petersburg and Clearwater Nos. RP09–423–000 and RP09–423–002, Clean Air Act (Act), the petitioner may South Laterals and Block Valve 24–10 in the technical conference will also seek judicial review of those portions of the City of Clearwater, Pinellas County, consider the issues raised in those the petition which EPA denied in the Florida. Protestor seeks to have this dockets that relate to the Incentive United States Court of Appeals for the prior notice request processed as a case- Fixed Fuel proposal. appropriate circuit. Any petition for specific application filed under section Commission Staff and interested review shall be filed within 60 days 7(c) of the Natural Gas Act (NGA) and persons will have the opportunity to from the date this notice appears in the Part 157, subpart A, of the discuss all of the issues raised by Federal Register, pursuant to section Commission’s regulations.1 Columbia Gulf’s filings. Specifically, 307 of the Act. Protestor notes that FGT did not Columbia Gulf should be prepared to ADDRESSES: You may review copies of provide documentation from the U.S. address all the concerns raised in the the final order, the petition, and other Fish and Wildlife Service (USFWS) to protests, and if necessary, to provide supporting information at EPA Region 6, additional technical, engineering and demonstrate the Project’s compliance 1445 Ross Avenue, Dallas, Texas 75202– operational support for its proposals. with the Endangered Species Act, as 2733. EPA requests that if at all Any party proposing alternatives to possible, you contact the individual required under section 157.208(c)(9) of Columbia Gulf’s proposals should also the Commission’s regulations. Without listed in the FOR FURTHER INFORMATION be prepared to similarly support its CONTACT section to view copies of the the clearance from USFWS, position. environmental concerns cannot be final order, petition, and other FERC conferences are accessible supporting information. If you wish to adequately addressed before the protest under section 508 of the Rehabilitation period expires on January 8, 2010. examine these documents, you should Act of 1973. For accessibility make an appointment at least 24 hours Kimberly D. Bose, accommodations please send an e-mail before visiting day. The final order is to [email protected] or call toll free Secretary. also available electronically at: http:// (866) 208–3372 (voice) or (202) 502– [FR Doc. 2010–536 Filed 1–13–10; 8:45 am] www.epa.gov/region07/programs/artd/ 8659 (TTY), or send a fax to (202) 208– air/title5/petitiondb/petitions/ BILLING CODE 6717–01–P 2106 with the required aep_turk_response2008.pdf. accommodations. All interested persons are permitted FOR FURTHER INFORMATION CONTACT: to attend. For further information please Richard Barrett, Air Permits Section, contact Anna Fernandez at (202) 502– Multimedia Planning and Permitting 6682 or e-mail Anna Division, EPA Region 6, 1445 Ross [email protected]. Avenue, Dallas, Texas 75202–2733, 1 Section 157.205(f) provides that a protested telephone (214) 665–7227, or e-mail at prior notice filing shall be treated as though it had Kimberly D. Bose, [email protected]. filed a case-specific application under NGA section Secretary. 7, unless, pursuant to section 157.205(g) the SUPPLEMENTARY INFORMATION: The Act protestor withdraws its protest within 30 days after [FR Doc. 2010–516 Filed 1–13–10; 8:45 am] affords EPA a 45-day period to review, protests were due. BILLING CODE 6717–01–P and, as appropriate, object to operating

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permits proposed by State permitting WRC–12 Advisory Committee will be FEDERAL DEPOSIT INSURANCE authorities under title V of the Act. held at the Federal Communications CORPORATION Section 505(b)(2) of the Act authorizes Commission. The purpose of the any person to petition the EPA meeting is to continue preparations for Notice of Agency Meeting Administrator within 60 days after the the 2012 World Radiocommunication Pursuant to the provisions of the expiration of this review period to Conference. The WRC–12 Advisory ‘‘Government in the Sunshine Act’’ (5 object to title V operating permits if EPA Committee will consider any U.S.C. 552b), notice is hereby given that has not done so. Petitions must be based preliminary views and draft proposals at 10:34 a.m. on Tuesday, January 12, only on objections to the permit that introduced by the WRC–12 Advisory 2010, the Board of Directors of the were raised with reasonable specificity Committee’s Informal Working Groups. Federal Deposit Insurance Corporation during the public comment period DATES: February 10, 2010, 11 a.m. to 12 met in closed session to consider provided by the State, unless the noon. matters related to the Corporation’s petitioner demonstrates that it was ADDRESSES: Federal Communications supervision, resolution, and corporate impracticable to raise these issues Commission, 445 12th Street, SW., activities. during the comment period or the Room TW–C305, Washington DC 20554. In calling the meeting, the Board grounds for the issues arose after this FOR FURTHER INFORMATION CONTACT: determined, on motion of Director John period. Alexander Roytblat, Designated Federal E. Bowman (Acting Director, Office of On November 24, 2008, EPA received Official, WRC–12 Advisory Committee, Thrift Supervision), seconded by Vice a petition from the Petitioners FCC International Bureau, Strategic Chairman Martin J. Gruenberg, requesting that EPA object to the Analysis and Negotiations Division, at concurred in by Director Thomas J. issuance of the title V operating permit (202) 418–7501. Curry (Appointive), Director John C. to AEP for the operation of the Turk Dugan (Comptroller of the Currency), plant. Specifically, the Petitioners SUPPLEMENTARY INFORMATION: The Federal Communications Commission and Chairman Sheila C. Bair, that claimed that: (1) The best available Corporation business required its control technology (BACT) analysis for established the WRC–12 Advisory Committee to provide advice, technical consideration of the matters which were the Turk plant’s prevention of to be the subject of this meeting on less significant deterioration (PSD) permit support and recommendations relating to the preparation of United States than seven days’ notice to the public; was flawed; (2) the maximum available that no earlier notice of the meeting was control technology (MACT) analysis was proposals and positions for the 2012 World Radiocommunication Conference practicable; that the public interest did flawed; (3) the permit failed to assure not require consideration of the matters compliance with, and practical (WRC–12). In accordance with the Federal in a meeting open to public observation; enforceability of, the emission limits and that the matters could be and standards required for PSD permits Advisory Committee Act, Public Law 92–463, as amended, this notice advises considered in a closed meeting by and title V of the Act; and (4) EPA authority of subsections (c)(2), (c)(4), should object to the permit because it interested persons of the fourth meeting of the WRC–12 Advisory Committee. (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B) of failed to regulate carbon dioxide (CO2) The WRC–12 Advisory Committee has the ‘‘Government in the Sunshine Act’’ and greenhouse gas (GHG) emissions (5 U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), from the Turk plant. an open membership. All interested parties are invited to participate in the (c)(9)(A)(ii), and (c)(9)(B)). On December 15, 2009, the The meeting was held in the Board Administrator issued an order partially WRC–12 Advisory Committee and to attend its meetings. The proposed Room of the FDIC Building located at granting and partially denying the 550—17th Street, NW., Washington, DC. petition. The order explains the reasons agenda for the fourth meeting is as behind EPA’s conclusion to partially follows: Dated: January 12, 2010. Federal Deposit Insurance Corporation. grant and partially deny the petition for Agenda objection. Robert E. Feldman, Fourth Meeting of the WRC–12 Executive Secretary. Dated: January 6, 2010. Advisory Committee Lawrence E. Starfield, [FR Doc. 2010–668 Filed 1–12–10; 4:15 pm] Federal Communications BILLING CODE P Deputy Regional Administrator, Region 6. Commission, 445 12th Street, SW., [FR Doc. 2010–621 Filed 1–13–10; 8:45 am] Room TW–C305, Washington, DC BILLING CODE P 20554, February 10, 2010, 11 a.m. to 12 FEDERAL MARITIME COMMISSION noon. 1. Opening Remarks. Notice of Agreements Filed FEDERAL COMMUNICATIONS 2. Approval of Agenda. COMMISSION 3. Approval of the Minutes of the Third The Commission hereby gives notice of the filing of the following agreements [IB Docket No. 04–286; DA 10–27] Meeting. 4. Informal Working Group Reports and under the Shipping Act of 1984. Interested parties may submit comments Fourth Meeting of the Advisory Documents Relating to Preliminary Views. on the agreements to the Secretary, Committee for the 2012 World Federal Maritime Commission, Radiocommunication Conference 5. New Guidelines for Federal Advisory Committee Membership. Washington, DC 20573, within ten days AGENCY: Federal Communications 6. Future Meetings. of the date this notice appears in the Commission. 7. Other Business. Federal Register. Copies of the agreements are available through the ACTION: Notice. Federal Communications Commission. Commission’s Web site (http:// SUMMARY: In accordance with the Mindel De La Torre, www.fmc.gov) or by contacting the Federal Advisory Committee Act, as Chief, International Bureau. Office of Agreements at (202) 523–5793 amended, this notice advises interested [FR Doc. 2010–604 Filed 1–13–10; 8:45 am] or [email protected]. persons that the fourth meeting of the BILLING CODE 6712–01–P Agreement No.: 010071–037.

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Title: Cruise Lines International FEDERAL TRADE COMMISSION FTC website, at (http://www.ftc.gov/os/ Association Agreement. publiccomments.shtm). Agency Information Collection Parties: AMA Waterways; American Because comments will be made Activities; Submission for OMB public, they should not include any Cruise Lines, Inc.; Azamara Cruises; Review; Comment Request sensitive personal information, such as Carnival Cruise Lines; Celebrity Cruises, any individual’s Social Security Inc.; Costa Cruise Lines; Crystal Cruises; AGENCY: Federal Trade Commission Number; date of birth; driver’s license ‘‘ ’’ ‘‘ ’’ Cunard Line; Disney Cruise Line; ( FTC or Commission ). number or other state identification Holland America Line; Hurtigruten, ACTION: Notice. number, or foreign country equivalent; Inc.; Majestic America Line; MSC passport number; financial account SUMMARY: The information collection Cruises; NCL Corporation; Oceania number; or credit or debit card number. requirements described below will be Cruises; Orient Lines; Princess Cruises; Comments also should not include any submitted to the Office of Management Regent Seven Seas Cruises; Royal sensitive health information, such as and Budget (‘‘OMB’’) for review, as Caribbean International; Seabourn medical records or other individually required by the Paperwork Reduction Cruise Line; SeaDream Yacht Club; identifiable health information. In Act (‘‘PRA’’). The FTC seeks public Silversea Cruises, Ltd.; Uniworld River addition, comments should not include comments on its proposal to extend Cruises, Inc.; and Windstar Cruises. ‘‘[t]rade secret or any commercial or through January 31, 2013, the current financial information which is obtained Filing Party: Terry Dale, President; OMB clearance for information from any person and which is privileged Cruise Lines International Association, collection requirements contained in its or confidential’’ as provided in Section Inc.; 910 SE 17th Street, Suite 400; Fort Mail or Telephone Order Merchandise 6(f) of the Federal Trade Commission Lauderdale, FL 33316. Trade Regulation Rule (‘‘MTOR’’ or Act (‘‘FTC Act’’), 15 U.S.C. 46(f), and ‘‘Rule’’). That clearance expires on Synopsis: The amendment revises the FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). January 31, 2010. Annual Travel Seller’s fees and the Comments containing matter for which members’ annual basic and DATES: Comments must be filed by confidential treatment is requested must supplemental fees. February 16, 2010. be filed in paper form, must be clearly Agreement No.: 010099–052. ADDRESSES: Interested parties are labeled ‘‘Confidential,’’ and must invited to submit written comments comply with FTC Rule 4.9(c).1 Title: International Council of electronically or in paper form by Because paper mail addressed to the Containership Operators. following the instructions in the FTC is subject to delay due to Parties: A.P. Moller-Maersk A/S; Request for Comments part of the heightened security screening, please China Shipping Container Lines Co., SUPPLEMENTARY INFORMATION section consider submitting your comments in Ltd.; CMA CGM, S.A.; Compan˜ ı´a below. Comments in electronic form electronic form. Comments filed in Chilena de Navegacio´n Interocea´nica should be submitted by using the electronic form should be submitted S.A.; Compania SudAmericana de following weblink: (https:// using the following weblink: (https:// Vapores S.A.; COSCO Container Lines public.commentworks.com/ftc/ public.commentworks.com/ftc/ Co. Ltd; Crowley Maritime Corporation; MTORpra2) (and following the MTORpra2) (and following the Evergreen Marine Corporation (Taiwan), instructions on the web-based form). instructions on the web-based form). To Ltd.; Hamburg-Su¨ d KG; Hanjin Shipping Comments filed in paper form should be ensure that the Commission considers Co., Ltd.; Hapag-Lloyd AG; Hyundai mailed or delivered to the following an electronic comment, you must file it Merchant Marine Co., Ltd.; Kawasaki address: Federal Trade Commission, on the web-based form at the weblink Kisen Kaisha, Ltd.; MISC Berhad; Office of the Secretary, Room H-135 (https://public.commentworks.com/ftc/ Mediterranean Shipping Co. S.A.; (Annex J), 600 Pennsylvania Avenue, MTORpra2). If this Notice appears at Mitsui O.S.K. Lines, Ltd.; Neptune N.W., Washington, DC 20580, in the (www.regulations.gov/search/index.jsp), SUPPLEMENTARY Orient Lines, Ltd.; Nippon Yusen manner detailed in the you may also file an electronic comment INFORMATION section below. through that website. The Commission Kaisha; Orient Overseas Container Line, will consider all comments that Ltd.; Pacific International Lines (Pte) FOR FURTHER INFORMATION CONTACT: regulations.gov forwards to it. You may Ltd.; United Arab Shipping Company Requests for additional information should be addressed to Jock Chung, also visit the FTC Website at (http:// (S.A.G.); Wan Hai Lines Ltd.; Yang Ming www.ftc.gov) to read the Notice and the Transport Marine Corp.; and Zim Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal news release describing it. Integrated Shipping Services Ltd. Trade Commission, 600 Pennsylvania A comment filed in paper form Filing Party: John Longstreth, Esq.; K Avenue, N.W., Washington, DC 20580, should include the reference ‘‘Mail or & L Gates LLP; 1601 K Street NW.; (202) 326-2984. Telephone Order Merchandise Trade Regulation Rule: FTC File No. Washington, DC 20006–1600. SUPPLEMENTARY INFORMATION: ’’ Synopsis: The amendment deletes R511929, both in the text and on the Request for Comments: envelope, and should be mailed or Atlantic Container Line AB as a party to delivered to the following address: the agreement. Interested parties are invited to submit written comments electronically Federal Trade Commission, Office of the Dated: January 8, 2010. or in paper form. Comments should Secretary, Room H-135 (Annex J), 600 By Order of the Federal Maritime refer to ‘‘Mail or Telephone Order Commission. 1 Merchandise Trade Regulation Rule: The comment must be accompanied by an Tanga S. FitzGibbon, explicit request for confidential treatment, FTC File No. R511929,’’ to facilitate the including the factual and legal basis for the request, Assistant Secretary. organization of comments. Please note and must identify the specific portions of the [FR Doc. 2010–503 Filed 1–13–10; 8:45 am] that your comment – including your comment to be withheld from the public record. The request will be granted or denied by the BILLING CODE P name and your state – will be placed on Commission’s General Counsel, consistent with the public record of this proceeding, applicable law and the public interest. See FTC including on the publicly accessible Rule 4.9(c), 16 CFR 4.9(c).

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Pennsylvania Avenue, N.W., renamed the ‘‘Mail or Telephone Order new entrants x 230 hours, and adding Washington, DC 20580. The FTC is Merchandise Rule.’’ the two products. requesting that any comment filed in Generally, the MTOR requires a No provisions in the Rule have been paper form be sent by courier or merchant to: (1) have a reasonable basis amended or changed since staff’s prior overnight service, if possible, because for any express or implied shipment submission to OMB. Thus, the Rule’s U.S. postal mail in the Washington area representation made in soliciting the disclosure requirements remain the and at the Commission is subject to sale (if no express time period is same. Moreover, no public comments delay due to heightened security promised, the implied shipment were received regarding the above-noted precautions. representation is 30 days); (2) notify the estimates; thus, staff will apply them to The FTC Act and other laws that the consumer and obtain the consumer’s the current PRA burden analysis. Commission administers permit the consent to any delay in shipment; and Since the prior submission to OMB, collection of public comments to (3) make prompt and full refunds when however, the number of businesses consider and use in this proceeding as the consumer exercises a cancellation engaged in the sale of merchandise by appropriate. The Commission will option or the merchant is unable to meet mail or by telephone has changed. Data consider all timely and responsive 2 from the U.S. Department of Commerce the Rule’s other requirements. 5 public comments that it receives, 2009 Statistical Abstract indicates that The notice provisions in the Rule between 2000 and 2005 the number of whether filed in paper or electronic require a merchant who is unable to form. Comments received will be businesses subject to the MTOR grew ship within the promised shipment time from 26,800 to 33,600, or an average available to the public on the FTC or 30 days to notify the consumer of a website, to the extent practicable, at increase of 1,360 new businesses a year revised date and his or her right to [(33,600 businesses in 2005 - 26,800 (http://www.ftc.gov/os/ cancel the order and obtain a prompt ÷ 6 publiccomments.shtm). As a matter of businesses in 2000) 5 years]. refund. Delays beyond the revised Assuming this growth rate continues, discretion, the FTC makes every effort to shipment date also trigger a notification the average number of established remove home contact information for requirement to consumers. When the businesses during the three-year period individuals from the public comments it MTOR requires the merchant to make a for which OMB clearance is sought for receives before placing those comments refund and the consumer has paid by the Rule would be 41,7607: on the FTC website. More information, credit card, the Rule also requires the including routine uses permitted by the merchant to notify the consumer either Year: Established New Entrants Privacy Act, may be found in the FTC’s that any charge to the consumer’s charge Businesses privacy policy, at (http://www.ftc.gov/ account will be reversed or that the ftc/privacy.shtm). merchant will take no action that will 2010 40,400 1,360 On October 19, 2009, the FTC sought result in a charge. 2011 41,760 1,360 comment on the information collection Burden Statement: requirements associated with the 2012 43,120 1,360 MTOR, 16 CFR Part 435 (Control Estimated total annual hours burden: Number: 3084-0106). 74 FR 53500. No 2,401,000 hours (rounded to the nearest Average: 41,760 1,360 comments were received. Pursuant to thousand) In an average year during the three- the OMB regulations, 5 CFR Part 1320, In its 2006 PRA-related Federal year OMB clearance period, staff that implement the PRA, 44 U.S.C. Register Notices3 and corresponding estimates that established businesses 3501-3521, the FTC is providing this submission to OMB, FTC staff estimated and new entrants will devote 2,401,000 second opportunity for public comment that established companies each spend hours, rounded to the nearest thousand, while seeking OMB approval to extend an average of 50 hours per year on to comply with the MTOR [(41,760 the existing paperwork clearance for the compliance with the Rule, and that new established businesses x 50 hours) + Rule. All comments should be filed as industry entrants spend an average of (1,360 new entrants x 230 hours) = prescribed in the ADDRESSES section 230 hours (an industry estimate) for 2,400,800]. above, and must be received on or compliance measures associated with before February 16, 2010. start-up.4 Thus, the total estimated 5 See Table 1008, ‘‘Retail Trade – Establishments, Background: hours burden was calculated by Employees and Payroll: 2000 and 2005,’’U.S. Census multiplying the estimated number of Bureau, Statistical Abstract of the United States: The MTOR was promulgated in 1975 established companies x 50 hours, 2009 (128th Edition), Washington, DC, 2008 (http:// in response to consumer complaints that multiplying the estimated number of www.census.gov/compendia/statab/tables/ many merchants were failing to ship 09s1008.pdf). merchandise ordered by mail on time, 6 Conceptually, this might understate the number 2 The MTOR does not impose a recordkeeping of new entrants in that it does not factor in the failing to ship at all, or failing to provide requirements per se. 16 CFR § 435.1(d) provides possibility that established businesses from an prompt refunds for unshipped that, in an action for noncompliance, the absence earlier year’s comparison might have exited the merchandise. A second rulemaking of records that establish that a respondent-seller market preceding the later year of measurement. proceeding in 1993 demonstrated that uses systems and procedures to assure compliance Given the virtually unlimited diversity of retail will create a rebuttable presumption that the seller establishments, it is very unlikely that there is a the delayed shipment and refund was not compliant, but the MTOR does not require reliable external measure of such exit; nonetheless, problems of the mail order industry a compliant seller to maintain any records. as in the past, the Commission invites public were also being experienced by Merchants customarily keep records regarding their comment that might better inform these estimates. consumers who ordered merchandise systems and procedures in the ordinary course of 7 As noted above, the existing OMB clearance for business, however; consequently, their retention of the Rule expires on January 31, 2010 and the FTC over the telephone. Accordingly, the these documents does not constitute a ‘‘collection is seeking to extend the clearance through January Commission amended the Rule, of information’’ under OMB’s regulations that 31, 2013. The average number of established effective on March 1, 1994, to include implement the PRA. See 5 CFR 1320.3(b)(2). businesses during the three-year clearance period merchandise ordered by telephone, 3 71 FR 60530 (Oct. 13, 2006); 71 FR 77751 (Dec. was determined as follows: [(33,600 businesses in 27, 2006). 2005 + (1,360 new entrants per year x 5 years)) + including by telefax or by computer 4 Most of the estimated start-up time relates to the (33,600 businesses in 2005 + (1,360 new entrants through the use of a modem (e.g., development and installation of computer systems per year x 6 years)) + (33,600 businesses in 2005 Internet sales), and the Rule was then geared to more efficiently handle customer orders. + (1,360 new entrants per year x 7 years))] ÷ 3 years.

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The estimated PRA burden per OMB approval is sought would be National Artist Registry. A request for merchant to comply with the MTOR is approximately $47,108,000 (2,401,000 public comments was published in the likely overstated. The mail-order hours x $19.62/hr.), rounded to the Federal Register at 74 FR 31278, on industry has been subject to the basic nearest thousand. Relative to direct June 30, 2009. No comments were provisions of the Rule since 1976 and industry sales, this total is negligible.9 received. the telephone-order industry since 1994. Estimated annual non-labor cost The Art-in-Architecture Program is Thus, businesses have had several years burden: $0 or minimal the result of a policy decision made in (and some have had decades) to The applicable requirements impose January 1963 by GSA Administrator integrate compliance systems into their minimal start-up costs, as businesses Bernard L. Boudin who had served on business procedures. Moreover, subject to the Rule generally have or the Ad Hoc Committee on Federal arguably much of the estimated time obtain necessary equipment for other Office Space in 1961–1962. burden for disclosure-related business purposes, i.e., inventory and The program has been modified over compliance would be incurred even order management, and customer the years, most recently in 2000 when absent the Rule. Industry trade relations. For the same reason, staff a renewed focus on commissioning associations and individual witnesses anticipates printing and copying costs to works of art that are an integral part of have consistently taken the position that be minimal, especially given that the building’s architecture and adjacent compliance with the MTOR is widely telephone order merchants have landscape was instituted. The program regarded by direct marketers as being increasingly turned to electronic continues to commission works of art good business practice. Providing communications to notify consumers of from living American artists. One-half of consumers with notice about the status delay and to provide cancellation one percent of the estimated of their orders fosters consumer loyalty options. Staff believes that the above construction cost of new or substantially and encourages repeat purchases, which requirements necessitate ongoing, renovated Federal buildings and U.S. are important to direct marketers’ regular training so that covered entities courthouses is allocated for success. Accordingly, the Rule’s stay current and have a clear commissioning works of art. notification requirements would be understanding of federal mandates, but Public comments are particularly followed in any event by most that this would be a small portion of invited on: whether this collection of merchants to meet consumer and subsumed within the ordinary information is necessary and whether it expectations regarding timely shipment, training that employees receive apart will have practical utility; whether our notification of delay, and prompt and from that associated with the estimate of the public burden of this full refunds. Thus, it appears that much information collected under the Rule. collection of information is accurate, of the time and expense associated with and based on valid assumptions and Willard K. Tom Rule compliance may not constitute methodology; ways to enhance the General Counsel ‘‘burden’’ under the PRA.8 quality, utility, and clarity of the Estimated labor costs: $47,108,000 [FR Doc. 2010–558 Filed 1–13–10: 8:45 am] information to be collected. BILLING CODE 6750–01–S (rounded to the nearest thousand) DATES: Submit comments on or before: FTC staff derived labor costs by February 16, 2010. applying appropriate hourly cost figures FOR FURTHER INFORMATION CONTACT: to the burden hours described above. GENERAL SERVICES Ms. According to the most recent mean ADMINISTRATION Susan Harrison, Public Buildings hourly income data available from the Service, Office of the Chief Architect, [OMB Control No. 3090–0274] Bureau of Labor and Statistics, average Art-in-Architecture Program, 1800 F Street, NW., Room 3341, Washington, payroll in 2008 for miscellaneous sales Public Buildings Service; Submission and related workers was $19.62/hr. DC 20405, at telephone (202) 501–1812 for OMB Review; Art-in-Architecture or via e-mail to [email protected]. Because the bulk of the burden of Program National Artist Registry complying with the MTOR is borne by ADDRESSES: Submit comments regarding clerical personnel, staff believes that the AGENCY: Public Buildings Service, this burden estimate or any other aspect average hourly payroll figure for (GSA). of this collection of information, miscellaneous sales and related workers ACTION: Notice of request for comments including suggestions for reducing this is an appropriate measure of a direct regarding a renewal to an existing OMB burden to the GSA Desk Officer, OMB, marketer’s average labor cost to comply clearance. Room 10236, NEOB, Washington, DC with the Rule. Thus, the total annual 20503, and a copy to the Regulatory labor cost to new and established SUMMARY: Under the provisions of the Secretariat (MVPR), General Services businesses for MTOR compliance Paperwork Reduction Act of 1995 (44 Administration, 1800 F Street, Room during the three-year period for which U.S.C. Chapter 35), the General Services 4041, NW., Washington, DC 20405. Administration will be submitting to the Please cite OMB Control No. 3090–0274, 8 Conceivably, in the three years since the FTC’s Office of Management and Budget Art-in-Architecture Program National most recent clearance request to OMB for this Rule, (OMB) a request to review and approve Artist Registry, in all correspondence. many businesses have upgraded the information an extension of a previously approved SUPPLEMENTARY INFORMATION: management systems needed to comply with the information collection requirement Rule and to track orders more effectively. These A. Purpose upgrades, however, were primarily prompted by the regarding Art-in Architecture Program industry’s need to deal with growing consumer The Art-in-Architecture Program demand for merchandise (resulting, in part, from 9 Based on a $13.786 billion average yearly actively seeks to commission works increased public acceptance of making purchases increase in sales for ‘‘electronic shopping and mail- over the telephone and, more recently, the Internet). order houses’’ from 2000 to 2007 (according to the from the full spectrum of American Accordingly, most companies now provide updated 2009 Statistical Abstract), staff estimates that total artists and strives to promote new media order information of the kind required by the Rule mail or telephone order sales to consumers in the and inventive solutions for public art. in their ordinary course of business. Under the three-year period for which OMB clearance is The GSA Form 7437, Art-in- OMB regulation implementing the PRA, burden is sought will average $265.5 billion. Thus, the defined to exclude any effort that would be projected average labor cost for MTOR compliance Architecture Program National Artist expended regardless of any regulatory requirement. by existing and new businesses for that period Registry, will be used to collect 5 CFR 1320.3(b)(2). would amount to less than 0.018% of sales. information from artists across the

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country to participate and to be Environmental Design Green Building SUPPLEMENTARY INFORMATION: The considered for commissions. Rating System of the U.S. Green public comment period provides Building Council. stakeholders with an opportunity to B. Annual Reporting Burden The Proposed Action would improve comment on the content and findings of Respondents: 360. the operational efficiency, safety, and the EIS for the Proposed Action. Copies Responses Per Respondent: 1. security for federal agency personnel are being distributed to selected Total Responses: .25. and cross-border travelers at stakeholders and are available for public Hours Per Response: .25. International Falls, Minnesota. The review at the International Falls Public Total Burden Hours: 90. specific objectives are to: Library, the International Falls Area Obtaining Copies of Proposals: • Increase vehicle and pedestrian Requesters may obtain a copy of the Chamber of Commerce, and the processing efficiency and capacity information collection documents from Koochiching County Administration • Reduce traffic queues and delays the General Services Administration, Office. approaching the LPOE from both Regulatory Secretariat (MVPR), 1800 F Dated: January 7, 2010. directions Street, NW., Room 4041, Washington, • Minimize conflict points among J. David Hood, DC 20405, telephone (202) 501–4755. different types of traffic crossing the Regional Commissioner, Public Buildings Please cite OMB Control No. 3090–0274, border (passenger vehicles, Service, Great Lakes Region. Art-in-Architecture Program National commercial vehicles, trains, buses, [FR Doc. 2010–559 Filed 1–13–10; 8:45 am] Artist Registry, in all correspondence. and pedestrians) BILLING CODE 6820–A9–P Dated: January 8, 2009. • Add a functional secondary Teresa Sorrenti, inspection area for commercial Chief Information Officer. vehicles • [FR Doc. 2010–560 Filed 1–13–10; 8:45 am] Accommodate future demands and DEPARTMENT OF HEALTH AND BILLING CODE 6820–34–P new safety and security technologies HUMAN SERVICES and border initiatives Alternatives being studied include Food and Drug Administration GENERAL SERVICES alternative locations and layouts for the ADMINISTRATION components of the LPOE that are [Docket No. FDA–2009–D–0600] identified in the concurrent GSA Notice of Availability of a Draft feasibility study including the main Draft Guidance for Industry on Environmental Impact Statement for administration and ancillary support Tobacco Health Document the Construction of a New Land Port of buildings, the associated transportation Submission; Availability; Correction Entry in International Falls, network, and parking. A no-build Koochiching County, MI alternative also is being studied that AGENCY: Food and Drug Administration, evaluates the consequences of not HHS. AGENCY: Public Buildings Service, GSA. constructing the LPOE. This alternative ACTION: Notice; correction. ACTION: Notice of availability. is included to provide a basis for SUMMARY: In accordance with the comparison to the action alternatives described above as required by the SUMMARY: The Food and Drug National Environmental Policy Act Administration (FDA) is correcting a (NEPA) and its implementing NEPA regulations (40 CFR 1002.14(d)). The GSA invites individuals, notice that appeared in the Federal regulations, the U.S. General Services Register of December 28, 2009 (74 FR Administration (GSA), Great Lakes organizations and agencies to submit comments concerning the content and 68629). The notice announced the Region, announces the availability of a availability of a draft guidance entitled Draft Environmental Impact Statement findings of the Draft EIS. The public comment period starts with the ‘‘Tobacco Health Document (Draft EIS) assessing the potential Submission.’’ The notice published with impacts of a proposed new land port of publication of this notice in the Federal Register and will continue for forty-five an inadvertent error in the entry (LPOE) in International Falls, Supplementary Information, Minnesota (the ‘‘Proposed Action’’). At (45) days from the date of this notice. The GSA will consider and respond to background section. This document the request of Customs and Border corrects that error. Protection, the GSA is proposing to comments received on the Draft EIS in construct and operate a larger improved preparing the Final EIS. The GSA FOR FURTHER INFORMATION CONTACT: May LPOE which meets the needs of the expects to issue the Final EIS by Spring Nelson, Center for Tobacco Products, Federal Inspection Services and the 2010 at which time its availability will Food and Drug Administration, 9200 design requirements of the GSA. be announced in the Federal Register Corporate Blvd., Rockville, MD 20850– The existing facilities are undersized and local media. 3229, 240–276–1717, and functionally obsolete and, ADDRESSES: Written comments [email protected]. consequently, incapable of fully concerning the Draft EIS should be sent providing the level of security now to Glenn Wittman, Regional SUPPLEMENTARY INFORMATION: In FR Doc. required. The Proposed Action includes: Environmental Quality Advisor, U.S. E9–30657, appearing on page 68629, in (a) Identification of land requirements, General Services Administration, Public the Federal Register of Monday, including property acquisition; (b) Buildings Service, Design & December 28, 2009, the following demolition of existing government Construction Division, 230 South correction is made: structures at the existing LPOE; (c) Dearborn Street, Room 3600, Chicago, IL 1. On page 68629, in the second construction of a main administration 60604. column, in the SUPPLEMENTARY building and ancillary support FOR FURTHER INFORMATION CONTACT: INFORMATION, I. Background section, in buildings; and (d) incorporation of the Glenn Wittman by phone at (312) 353– the second full paragraph, in the last principles of sustainable design through 6871 or by e-mail at sentence, the date ‘‘April 30, 2009’’ is the Leadership in Energy and [email protected]. corrected to read ‘‘April 30, 2010’’.

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Dated: January 11, 2010. DEPARTMENT OF HEALTH AND MSC 7802, Bethesda, MD 20892, 301–435– David Dorsey, HUMAN SERVICES 1212, [email protected]. Name of Committee: Infectious Diseases Acting Deputy Commissioner for Policy, and Microbiology Integrated Review Group, Planning and Budget. National Institutes of Health Drug Discovery and Mechanisms of [FR Doc. 2010–576 Filed 1–13–10; 8:45 am] Center for Scientific Review; Notice of Antimicrobial Resistance Study Section. BILLING CODE 4160–01–S Closed Meetings Date: February 11–12, 2010. Time: 8:30 a.m. to 6 p.m. Pursuant to section 10(d) of the Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as applications. HUMAN SERVICES amended (5 U.S.C. App.), notice is Place: Sir Francis Drake Hotel, 450 Powell hereby given of the following meetings. Street, San Francisco, CA 94102. The meetings will be closed to the Contact Person: Guangyong Ji, PhD, National Institutes of Health Scientific Review Officer, Center for public in accordance with the Scientific Review, National Institutes of National Institute of Dental & provisions set forth in sections Health, 6701 Rockledge Drive, Room 3188, Craniofacial Research; Notice of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., MSC 7808, Bethesda, MD 20892, 301–435– Closed Meeting as amended. The grant applications and 1146, [email protected]. the discussions could disclose Name of Committee: Center for Scientific Pursuant to section 10(d) of the confidential trade secrets or commercial Review Special Emphasis Panel, Oral, Dental Federal Advisory Committee Act, as property such as patentable material, and Craniofacial Sciences. amended (5 U.S.C. App.), notice is and personal information concerning Date: February 17, 2010. hereby given of the following meeting. individuals associated with the grant Time: 11 a.m. to 3 p.m. applications, the disclosure of which Agenda: To review and evaluate grant The meeting will be closed to the applications. would constitute a clearly unwarranted public in accordance with the Place: Sheraton Delfina Santa Monica invasion of personal privacy. provisions set forth in sections Hotel, 530 West Pico Boulevard, Santa 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Biological Chemistry Monica, CA 90405. Contact Person: Rajiv Kumar, PhD, as amended. The grant applications and and Macromolecular Biophysics Integrated Review Group, Macromolecular Structure Scientific Review Officer, Center for the discussions could disclose and Function D Study Section. Scientific Review, National Institutes of confidential trade secrets or commercial Date: February 3–4, 2010. Health, 6701 Rockledge Drive, Room 4216, property such as patentable material, Time: 8 a.m. to 12 p.m. MSC 7802, Bethesda, MD 20892, 301–435– and personal information concerning Agenda: To review and evaluate grant 1212, [email protected]. individuals associated with the grant applications. Name of Committee: Center for Scientific applications, the disclosure of which Place: St. Gregory Hotel, 2033 M Street, Review Special Emphasis Panel, Small Business: Medical Imaging. would constitute a clearly unwarranted NW., Washington, DC 20036. Contact Person: James W. Mack, PhD, Date: February 18–19, 2010. invasion of personal privacy. Scientific Review Officer, Center for Time: 11 a.m. to 5 p.m. Name of Committee: National Institute of Scientific Review, National Institutes of Agenda: To review and evaluate grant applications. Dental and Craniofacial Research Special Health, 6701 Rockledge Drive, Room 4154, Place: Bahia Resort Hotel, 998 West Emphasis Panel; Review of R21 ONJ MSC 7806, Bethesda, MD 20892, (301) 435– 2037, [email protected]. Mission Bay Drive, San Diego, CA 92109. applications (PAR–06–556). Name of Committee: Musculoskeletal, Oral Contact Person: Leonid V. Tsap, PhD, Date: February 11, 2010. Scientific Review Officer, Center for Time: 1 p.m. to 4 p.m. and Skin Sciences Integrated Review Group: Arthritis, Connective Tissue and Skin Study Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5128, Section. MSC 7854, Bethesda, MD 20892, (301) 435– applications. Date: February 8–9, 2010. 2507, [email protected]. Place: National Institutes of Health, 6701 Time: 8:30 a.m. to 5 p.m. Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance (Telephone Conference Call). applications. Program Nos. 93.306, Comparative Medicine; Contact Person: Lynn M. King, PhD, Chief, Place: Bethesda North Marriott Hotel & 93.333, Clinical Research, 93.306, 93.333, Scientific Review Branch, National Institute Conference Center, Montgomery County 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National of Dental and Craniofacial Research/NIH, Conference Center Facility, 5701 Marinelli Institutes of Health, HHS) 6701 Democracy Blvd., Bethesda, MD 20892– Road, Bethesda, MD 20852. 6402, 301–594–5006, [email protected]. Contact Person: Aftab A. Ansari, PhD, Dated: January 8, 2010. Scientific Review Officer, Center for Jennifer Spaeth, (Catalogue of Federal Domestic Assistance Scientific Review, National Institutes of Director, Office of Federal Advisory Program Nos. 93.121, Oral Diseases and Health, 6701 Rockledge Drive, Room 4108, Committee Policy. Disorders Research, National Institutes of MSC 7814, Bethesda, MD 20892, (301) 594– Health, HHS) 6376, [email protected]. [FR Doc. 2010–625 Filed 1–13–10; 8:45 am] Dated: December 30, 2009. Name of Committee: Center for Scientific BILLING CODE 4140–01–P Review Special Emphasis Panel, Anna Snouffer, Musculoskeletal Regeneration. Acting Director, Office of Federal Advisory Date: February 9–10, 2010. DEPARTMENT OF HEALTH AND Committee Policy. Time: 9 a.m. to 5 p.m. HUMAN SERVICES [FR Doc. 2010–39 Filed 1–13–10; 8:45 am] Agenda: To review and evaluate grant National Institutes of Health BILLING CODE 4140–01–P applications. Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. National Institute of Neurological (Virtual Meeting) Disorders and Stroke; Notice of Closed Contact Person: Rajiv Kumar, PhD, Meeting Scientific Review Officer, Center for Scientific Review, National Institutes of Pursuant to section 10(d) of the Health, 6701 Rockledge Drive, Room 4122, Federal Advisory Committee Act, as

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amended (5 U.S.C. App.), notice is 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Diabetes and Digestive hereby given of the following meeting. as amended. The grant applications and and Kidney Diseases, 6707 Democracy Blvd., The meeting will be closed to the the discussions could disclose Room 715, MSC 5452, Bethesda, MD 20892, public in accordance with the confidential trade secrets or commercial (301) 594–8843, [email protected]. provisions set forth in sections property such as patentable material, Name of Committee: National Diabetes and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Digestive and Kidney Diseases Advisory and personal information concerning Council; Kidney, Urologic, and Hematologic as amended. The grant applications and individuals associated with the grant Diseases Subcommittee. the discussions could disclose applications, the disclosure of which Date: February 24, 2010. confidential trade secrets or commercial would constitute a clearly unwarranted Open: 1 p.m. to 2:30 p.m. property such as patentable material, invasion of personal privacy. Agenda: To review the Division’s scientific and planning activities. and personal information concerning Name of Committee: National Diabetes and individuals associated with the grant Place: National Institutes of Health, Digestive and Kidney Diseases Advisory Building 31, 31 Center Drive, Conference applications, the disclosure of which Council. would constitute a clearly unwarranted Room 7, Bethesda, MD 20892. Date: February 24, 2010. Closed: 2:30 p.m. to 4 p.m. invasion of personal privacy. Open: 8:30 a.m. to 11:45 a.m. Agenda: To review and evaluate grant Agenda: To present the Director’s Report Name of Committee: Neurological Sciences applications. and other scientific presentations. Training Initial Review Group, NST–1 Place: National Institutes of Health, Subcommittee. Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Date: February 8–9, 2010. Building 31, 31 Center Drive, Conference Room 7, Bethesda, MD 20892. Time: 8 a.m. to 6 p.m. Room 10, Bethesda, MD 20892. Contact Person: Brent B. Stanfield, PhD, Agenda: To review and evaluate grant Closed: 4:15 p.m. to 4:30 p.m. Director, Division of Extramural Activities, applications. Agenda: To review and evaluate grant National Institutes of Diabetes and Digestive, Place: Embassy Suites Hotel, 1250 22nd applications. and Kidney Diseases, 6707 Democracy Blvd., Street NW., Washington, DC 20037. Place: National Institutes of Health, Room 715, MSC 5452, Bethesda, MD 20892, Contact Person: Raul A. Saavedra, Ph.D., Building 31, 31 Center Drive, Conference (301) 594–8843, [email protected]. Scientific Review Officer, Scientific Review Room 10, Bethesda, MD 20892. Any interested person may file written Branch, Division of Extramural Research, Contact Person: Brent B. Stanfield, PhD, comments with the committee by forwarding NINDS/NIH/DHHS, NSC; 6001 Executive Director, Division of Extramural Activities, the statement to the Contact Person listed on Blvd., Ste. 3208, Bethesda, MD 20892–9529, National Institutes of Diabetes and Digestive this notice. The statement should include the 301–496–9223, [email protected]. and Kidney Diseases, 6707 Democracy Blvd., name, address, telephone number and when Room 715, MSC 5452, Bethesda, MD 20892, (Catalogue of Federal Domestic Assistance applicable, the business or professional (301) 594–8843, [email protected]. Program Nos. 93.853, Clinical Research affiliation of the interested person. Related to Neurological Disorders; 93.854, Name of Committee: National Diabetes and In the interest of security, NIH has Biological Basis Research in the Digestive and Kidney Diseases Advisory instituted stringent procedures for entrance Neurosciences, National Institutes of Health, Council; Diabetes, Endocrinology, and onto the NIH campus. All visitor vehicles, HHS) Metabolic Diseases Subcommittee. including taxicabs, hotel, and airport shuttles Date: February 24, 2010. will be inspected before being allowed on Dated: January 7, 2010. Open: 1 p.m. to 2:30 p.m. campus. Visitors will be asked to show one Jennifer Spaeth, Agenda: To review the Division’s scientific form of identification (for example, a Director, Office of Federal Advisory and planning activities. government-issued photo ID, driver’s license, Committee Policy. Place: National Institutes of Health, or passport) and to state the purpose of their visit. [FR Doc. 2010–622 Filed 1–13–10; 8:45 am] Building 31, 31 Center Drive, Conference Information is also available on the BILLING CODE 4140–01–P Room 10, Bethesda, MD 20892. Closed: 2:30 p.m. to 4 p.m. Institute’s/Center’s home page: http:// Agenda: To review and evaluate grant www.niddk.nih.gov/fund/divisions/DEA/ Council/coundesc.htm., where an agenda and DEPARTMENT OF HEALTH AND applications. Place: National Institutes of Health, any additional information for the meeting HUMAN SERVICES Building 31, 31 Center Drive, Conference will be posted when available. Room 10, Bethesda, MD 20892. (Catalogue of Federal Domestic Assistance National Institutes of Health Contact Person: Brent B. Stanfield, PhD, Program Nos. 93.847, Diabetes, Director, Division of Extramural Activities, Endocrinology and Metabolic Research; National Institute of Diabetes and National Institutes of Diabetes and Digestive 93.848, Digestive Diseases and Nutrition Digestive and Kidney Diseases, Notice and Kidney Diseases, 6707 Democracy Blvd., Research; 93.849, Kidney Diseases, Urology of Meetings Room 715, MSC 5452, Bethesda, MD 20892, and Hematology Research, National Institutes of Health, HHS) Pursuant to section 10(d) of the (301) 594–8843, [email protected]. Federal Advisory Committee Act, as Name of Committee: National Diabetes and Dated: January 8, 2010. amended (5 U.S.C. App.), notice is Digestive and Kidney Diseases Advisory Jennifer Spaeth, Council; Digestive Diseases and Nutrition hereby given of meetings of the National Director, Office of Federal Advisory Subcommittee. Committee Policy. Diabetes and Digestive and Kidney Date: February 24, 2010. Diseases Advisory Council. Open: 1 p.m. to 2:30 p.m. [FR Doc. 2010–626 Filed 1–13–10; 8:45 am] The meetings will be open to the Agenda: To review the Division’s scientific BILLING CODE 4140–01–P public as indicated below, with and planning activities. attendance limited to space available. Place: National Institutes of Health, Individuals who plan to attend and Building 31, 31 Center Drive, Conference DEPARTMENT OF HEALTH AND need special assistance, such as sign Room 6, Bethesda, MD 20892. HUMAN SERVICES language interpretation or other Closed: 2:30 p.m. to 4 p.m. Agenda: To review and evaluate grant National Institutes of Health reasonable accommodations, should applications. notify the contact person listed below in Place: National Institutes of Health, National Human Genome Research advance of the meeting. Building 31, 31 Center Drive, Conference Institute; Notice of Meetings The meetings will be closed to the Room 6, Bethesda, MD 20892. public in accordance with the Contact Person: Brent B. Stanfield, PhD, Pursuant to section 10(d) of the provisions set forth in sections Director, Division of Extramural Activities, Federal Advisory Committee Act, as

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amended (5 U.S.C. App.), notice is Contact Person: Mark S. Guyer, PhD, DEPARTMENT OF HEALTH AND hereby given of meetings of the National Director for Extramural Research, National HUMAN SERVICES Advisory Council for Human Genome Human Genome Research Institute, 5635 Fishers Lane, Suite 4076, MSC 9305, National Institutes of Health Research. Bethesda, MD 20892, 301–496–7531, The meetings will be open to the [email protected]. National Institute on Aging; Notice of public as indicated below, with Information is also available on the attendance limited to space available. Institute’s/Center’s home page: http:// Closed Meetings Individuals who plan to attend and www.genome.gov/11509849, where an need special assistance, such as sign agenda and any additional information for Pursuant to section 10(d) of the language interpretation or other the meeting will be posted when available. Federal Advisory Committee Act, as reasonable accommodations, should (Catalogue of Federal Domestic Assistance amended (5 U.S.C. App.), notice is notify the Contact Person listed below Program Nos. 93.172, Human Genome hereby given of the following meetings. in advance of the meeting. Research, National Institutes of Health, HHS) The meetings will be closed to the The meetings will be closed to the Dated: January 7, 2010. public in accordance with the public in accordance with the Jennifer Spaeth, provisions set forth in sections provisions set forth in sections Director, Office of Federal Advisory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. as amended. The grant applications and as amended. The grant applications [FR Doc. 2010–609 Filed 1–13–10; 8:45 am] the discussions could disclose and/or contract proposals and the BILLING CODE 4140–01–P confidential trade secrets or commercial discussions could disclose confidential property such as patentable material, trade secrets or commercial property and personal information concerning such as patentable material, and DEPARTMENT OF HEALTH AND individuals associated with the grant personal information concerning HUMAN SERVICES applications, the disclosure of which individuals associated with the grant would constitute a clearly unwarranted applications and/or contract proposals, National Institutes of Health invasion of personal privacy. the disclosure of which would National Human Genome Research Name of Committee: National Institute on constitute a clearly unwarranted Aging Initial Review Group, Biological Aging Institute; Notice of Closed Meeting invasion of personal privacy. Review Committee. Date: January 25, 2010. Name of Committee: National Advisory Pursuant to section 10(d) of the Time: 11 a.m. to 5 p.m. Council for Human Genome Research. Federal Advisory Committee Act, as Agenda: To review and evaluate grant Date: February 8–9, 2010. amended (5 U.S.C. App.), notice is applications and/or proposals. Open: February 8, 2010, 8:30 a.m. to 3 p.m. hereby given of the following meeting. Place: National Institutes of Health, Agenda: To discuss matters of program The meeting will be closed to the Gateway Building, 7201 Wisconsin Avenue, relevance. public in accordance with the Room 2C212, Bethesda, MD 20892. Place: National Institutes of Health, 5635 provisions set forth in sections (Telephone Conference Call) Fishers Lane, Bethesda, MD 20892. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Bita Nakhai, PhD, Closed: February 8, 2010, 3 p.m. to 5 p.m. Scientific Review Officer, Scientific Review Agenda: To review and evaluate grant as amended. The grant applications and Branch, National Institute on Aging, Gateway applications. the discussions could disclose Bldg., 2C212, 7201 Wisconsin Avenue, Place: National Institutes of Health, 5635 confidential trade secrets or commercial Bethesda, MD 20814. 301–402–7701. Fishers Lane, Bethesda, MD 20892. property such as patentable material, [email protected]. Closed: February 9, 2010, 8:30 a.m. to and personal information concerning This notice is being published less than 15 Adjournment. individuals associated with the grant days prior to the meeting due to the timing Agenda: To review and evaluate grant applications, the disclosure of which limitations imposed by the review and applications. would constitute a clearly unwarranted funding cycle. Place: National Institutes of Health, 5635 invasion of personal privacy. Fishers Lane, Bethesda, MD 20892. Name of Committee: National Institute on Contact Person: Mark S. Guyer, PhD, Name of Committee: National Human Aging Initial Review Group, Neuroscience of Director for Extramural Research, National Genome Research Institute Initial Review Aging Review Committee. Human Genome Research Institute, 5635 Group, Genome Research Review Committee. Date: March 4–5, 2010. Fishers Lane, Suite 4076, MSC 9305, Date: March 4, 2010. Time: 5 p.m. to 5 p.m. Bethesda, MD 20892, 301–496–7531, Time: 12 p.m. to 5 p.m. Agenda: To review and evaluate grant [email protected]. Agenda: To review and evaluate grant applications. Place: Embassy Suites at the Chevy Chase Name of Committee: National Advisory applications. Pavilion, 4300 Military Road, NW., Council for Human Genome Research. Place: NHGRI Twinbrook Library, 5635 Washington, DC 20015. Date: May 17–18, 2010. Fishers Lane, Suite 4076, Rockville, MD Contact Person: William Cruce, PhD, Open: May 17, 2010, 8:30 a.m. to 3 p.m. 20852. (Telephone Conference Call) Scientific Review Administrator, National Agenda: To discuss matters of program Contact Person: Keith McKenney, PhD Scientific Review Officer, NHGRI, 5635 Institute on Aging, Scientific Review Office, relevance. Fishers Lane, Suite 4076, MSC 9306, Gateway Building 2C–212, 7201 Wisconsin Place: National Institutes of Health, 5635 Bethesda, MD 20814, 301–594–4280, Ave., Bethesda, MD 20814. 301–402–7704. Fishers Lane, Bethesda, MD 20892. [email protected]. [email protected]. Closed: May 17, 2010, 3 p.m. to 5 p.m. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance applications. Program Nos. 93.172, Human Genome Program Nos. 93.866, Aging Research, Place: National Institutes of Health, 5635 Research, National Institutes of Health, HHS) National Institutes of Health, HHS) Fishers Lane, Bethesda, MD 20892. Dated: January 7, 2010. Dated: January 7, 2010. Closed: May 18, 2010, 8:30 a.m. to Jennifer Spaeth, Jennifer Spaeth, adjournment. Agenda: To review and evaluate grant Director, Office of Federal Advisory Director, Office of Federal Advisory applications. Committee Policy. Committee Policy. Place: National Institutes of Health, 5635 [FR Doc. 2010–613 Filed 1–13–10; 8:45 am] [FR Doc. 2010–612 Filed 1–13–10; 8:45 am] Fishers Lane, Bethesda, MD 20892. BILLING CODE 4140–01–P BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND In the interest of security, NIH has Contact Person: Michele C. Hindi- HUMAN SERVICES instituted stringent procedures for entrance Alexander, PhD, Division of Scientific onto the NIH campus. All visitor vehicles, Review, National Institutes of Health, Eunice National Institutes of Health including taxicabs, hotel, and airport shuttles Kennedy Shriver National Institute of Child will be inspected before being allowed on Health and Human Development, 6100 National Institute of General Medical campus. Visitors will be asked to show one Executive Boulevard, Rm. 5B01, Bethesda, Sciences; Notice of Meeting form of identification (for example, a MD 20892, (301) 435–8382, government-issued photo ID, driver’s license, [email protected]. Pursuant to section 10(d) of the or passport) and to state the purpose of their This notice is being published less than 15 Federal Advisory Committee Act, as visit. days prior to the meeting due to the timing Information is also available on the amended (5 U.S.C. App.), notice is limitations imposed by the review and Institute’s/Center’s home page: http:// funding cycle. hereby given of a meeting of the www.nigms.nih.gov/about/ National Advisory General Medical _ (Catalogue of Federal Domestic Assistance advisory council.html, where an agenda and Program Nos. 93.864, Population Research; Sciences Council. any additional information for the meeting 93.865, Research for Mothers and Children; The meeting will be open to the will be posted when available. 93.929, Center for Medical Rehabilitation public as indicated below, with (Catalogue of Federal Domestic Assistance Research; 93.209, Contraception and attendance limited to space available. Program Nos. 93.375, Minority Biomedical Infertility Loan Repayment Program, National Individuals who plan to attend and Research Support; 93.821, Cell Biology and Institutes of Health, HHS) Biophysics Research; 93.859, Pharmacology, need special assistance, such as sign Dated: January 8, 2010. language interpretation or other Physiology, and Biological Chemistry Research; 93.862,Genetics and Jennifer Spaeth, reasonable accommodations, should Developmental Biology Research; 93.88, Director, Office of Federal Advisory notify the Contact Person listed below Minority Access to Research Careers; 93.96, Committee Policy. in advance of the meeting. Special Minority Initiatives, National [FR Doc. 2010–615 Filed 1–13–10; 8:45 am] The meeting will be closed to the Institutes of Health, HHS) BILLING CODE 4140–01–P public in accordance with the Dated: January 8, 2010. provisions set forth in sections Jennifer Spaeth, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND as amended. The grant applications and Director, Office of Federal Advisory Committee Policy. HUMAN SERVICES the discussions could disclose [FR Doc. 2010–617 Filed 1–13–10; 8:45 am] confidential trade secrets or commercial National Institutes of Health property such as patentable material, BILLING CODE 4140–01–P and personal information concerning National Institute of Neurological Disorders and Stroke; Notice of individuals associated with the grant DEPARTMENT OF HEALTH AND Meeting applications, the disclosure of which HUMAN SERVICES would constitute a clearly unwarranted invasion of personal privacy. Pursuant to section 10(d) of the National Institutes of Health Federal Advisory Committee Act, as Name of Committee: National Advisory Eunice Kennedy Shriver National amended (5 U.S.C. App.), notice is General Medical Sciences Council. hereby given of a meeting of the Date: January 21–22, 2010. Institute of Child Health and Human Closed: January 21, 2010, 8:30 a.m. to 5 Development; Notice of Closed National Advisory Neurological p.m. Meeting Disorders and Stroke Council. Agenda: To review and evaluate grant The meeting will be open to the applications. Pursuant to section 10(d) of the public as indicated below, with Place: National Institutes of Health, Federal Advisory Committee Act, as attendance limited to space available. Natcher Building, Conference Rooms E1 & amended (5 U.S.C. App.), notice is Individuals who plan to attend and E2, 45 Center Drive, Bethesda, MD 20892. hereby given of the following meeting. need special assistance, such as sign Open: January 22, 2010, 8:30 a.m. to The meeting will be closed to the language interpretation or other adjournment. public in accordance with the reasonable accommodations, should Agenda: For the discussion of program provisions set forth in sections policies and issues, opening remarks, report notify the Contact Person listed below of the Director, NIGMS, and other business 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., in advance of the meeting. of the Council. as amended. The grant applications and The meeting will be closed to the Place: National Institutes of Health, the discussions could disclose public in accordance with the Natcher Building, Conference Rooms E1 & confidential trade secrets or commercial provisions set forth in sections E2, 45 Center Drive, Bethesda, MD 20892. property such as patentable material, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Ann A. Hagan, PhD, and personal information concerning as amended. The grant applications Associate Director for Extramural Activities, individuals associated with the grant NIGMS, NIH, DHHS, 45 Center Drive, Room and/or contract proposals and the applications, the disclosure of which discussions could disclose confidential 2AN24H, MSC6200, Bethesda, MD 20892– would constitute a clearly unwarranted 6200, (301) 594–4499, trade secrets or commercial property [email protected]. invasion of personal privacy. such as patentable material, and This notice is being published less than 15 Name of Committee: National Institute of personal information concerning days prior to the meeting due to the timing Child Health and Human Development individuals associated with the grant limitations imposed by the review and Special Emphasis Panel; CBPR and Health applications and/or contract proposals, funding cycle. Disparities. the disclosure of which would Any interested person may file written Date: January 27, 2010. constitute a clearly unwarranted comments with the committee by forwarding Time: 2:30 p.m. to 5:30 p.m. the statement to the Contact Person listed on Agenda: To review and evaluate grant invasion of personal privacy. this notice. The statement should include the applications. Name of Committee: National Advisory name, address, telephone number and when Place: National Institutes of Health, 6100 Neurological Disorders and Stroke Council, applicable, the business or professional Executive Boulevard, Room 5B01, Rockville, Clinical Trials Subcommittee. affiliation of the interested person. MD 20852 (Telephone Conference Call) Date: February 3–4, 2010.

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Closed: February 3, 2010, 6 p.m. to 7:30 Time: 8 a.m. to 4 p.m. notify the Contact Person listed below p.m. Agenda: Update on the progress of the in advance of the meeting. Agenda: To review and evaluate grant implementation of the Clinical Trials applications. Working Group and the Translational Name of Committee: National Advisory Place: Hyatt Regency Bethesda, One Research Working Group reports. Child Health and Human Development Bethesda Metro Center, 7400 Wisconsin Place: National Institutes of Health, Council; Subcommittee on Planning and Avenue, Bethesda, MD 20814. Building 31, 6th Floor, C–Wing, Room 10, 31 Policy. Date: January 20, 2010. Open: February 4, 2010, 8 a.m. to 10 a.m. Center Drive, Bethesda, MD 20892. Time: 9 a.m. to 11 a.m. Agenda: To discuss clinical trials policy. Contact Person: Sheila A. Prindiville, MD, Agenda: Topics to be discussed include: Place: National Institutes of Health, MPH, Director, Coordinating Center for (1) Report of the Acting Director, NICHD; (2) Building 31, 31 Center Drive, Conference Clinical Trials, Office of the Director, Deputy Director’s review of the Remote Room 10, Bethesda, MD 20892. National Cancer Institute, National Institutes Contact Person: Petra Kaufmann, MD, Council Process; (3) Concept Review of Health, 6120 Executive Blvd., 3rd Floor Clearance discussions. Director, Office of Clinical Research—NINDS, Suite, Bethesda, MD 20892, 301–451–5048, National Institutes of Health, Neuroscience Place: National Institutes of Health, [email protected]. Building 31, 31 Center Drive, Room 2A–48, Center- Room 2216, 6001 Executive Blvd., Any interested person may file written Bethesda, MD 20892. 301–496–9135. Bethesda, MD 20892. (Telephone Conference comments with the committee by forwarding Call) [email protected]. the statement to the Contact Person listed on In the interest of security, NIH has Contact Person: Elizabeth Wehr, Senior this notice. The statement should include the Public Health Analyst, Office of Science instituted stringent procedures for entrance name, address, telephone number and when onto the NIH campus. All visitor vehicles, Policy, Analysis and Communication, applicable, the business or professional NICHD/NIH/DHHS, 31 Center Drive, Suite including taxicabs, hotel, and airport shuttles affiliation of the interested person. will be inspected before being allowed on 2A–18, Bethesda, MD 20892, 301–496–0805. In the interest of security, NIH has This notice is being published less than 15 campus. Visitors will be asked to show one instituted stringent procedures for entrance form of identification (for example, a days prior to the meeting due to the timing onto the NIH campus. All visitor vehicles, government-issued photo ID, driver’s license, limitations imposed by the Executive including taxicabs, hotel, and airport shuttles or passport) and to state the purpose of their Secretary’s need for confirmation from will be inspected before being allowed on visit. subcommittee members on their availability campus. Visitors will be asked to show one Information is also available on the to participate in this Meeting. form of identification (for example, a Institute’s/Center’s home page: http:// In the interest of security, NIH has government-issued photo ID, driver’s license, www.ninds.nih.gov, where an agenda and instituted stringent procedures for entrance or passport) and to state the purpose of their onto the NIH campus. All visitor vehicles, any additional information for the meeting visit. including taxicabs, hotel, and airport shuttles will be posted when available. (Catalogue of Federal Domestic Assistance will be inspected before being allowed on (Catalogue of Federal Domestic Assistance campus. Visitors will be asked to show one Program Nos. 93.853, Clinical Research Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention form of identification (for example, a Related to Neurological Disorders; 93.854, government-issued photo ID, driver’s license, Biological Basis Research in the Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer or passport) and to state the purpose of their Neurosciences, National Institutes of Health, visit. HHS) Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; Information is also available on the Dated: January 7, 2010. 93.398, Cancer Research Manpower; 93.399, Institute’s/Center’s home page: http:// www.nichd.nih.gov/about/nachhd.htm, Jennifer Spaeth, Cancer Control, National Institutes of Health, where an agenda and any additional HHS) Director, Office of Federal Advisory information for the meeting will be posted Committee Policy. Dated: January 11, 2010. when available. [FR Doc. 2010–614 Filed 1–13–10; 8:45 am] Jennifer Spaeth, (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Director, Office of Federal Advisory Program Nos. 93.864, Population Research; Committee Policy. 93.865, Research for Mothers and Children; [FR Doc. 2010–611 Filed 1–13–10; 8:45 am] 93.929, Center for Medical Rehabilitation DEPARTMENT OF HEALTH AND Research; 93.209, Contraception and BILLING CODE 4140–01–P HUMAN SERVICES Infertility Loan Repayment Program, National Institutes of Health, HHS) National Institutes of Health DEPARTMENT OF HEALTH AND Dated: January 8, 2010. Jennifer Spaeth, National Cancer Institute; Notice of HUMAN SERVICES Meeting Director, Office of Federal Advisory National Institutes of Health Committee Policy. Pursuant to section 10(a) of the [FR Doc. 2010–603 Filed 1–13–10; 8:45 am] Federal Advisory Committee Act, as Eunice Kennedy Shriver National BILLING CODE 4140–01–P amended (5 U.S.C. App.), notice is Institute of Child Health & Human hereby given of a meeting of the Development; Notice of Meeting National Cancer Institute Clinical Trials DEPARTMENT OF HEALTH AND and Translational Research Advisory Pursuant to section 10(a) of the HUMAN SERVICES Committee. The meeting will be open to Federal Advisory Committee Act, as the public, with attendance limited to amended (5 U.S.C. App.), notice is National Institutes of Health space available. Individuals who plan to hereby given of a meeting of the National Institute of Dental & attend and need special assistance, such National Advisory Child Health and Craniofacial Research; Notice of as sign language interpretation or other Human Development Council. Closed Meetings reasonable accommodations, should The meeting will be open to the notify the Contact Person listed below public, with attendance limited to space Pursuant to section 10(d) of the in advance of the meeting. available. Individuals who plan to Federal Advisory Committee Act, as Name of Committee: National Cancer attend and need additional information amended (5 U.S.C. App.), notice is Institute Clinical Trials and Translational or special assistance, such as sign hereby given of the following meetings. Research Advisory Committee. language interpretation or other The meetings will be closed to the Date: March 10, 2010. reasonable accommodations, should public in accordance with the

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provisions set forth in sections DEPARTMENT OF HOMELAND Policy Team, DHS/FEMA, 500 C Street, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., SECURITY SW., Room 835, Washington, DC 20472– as amended. The grant applications and 3100. the discussions could disclose Federal Emergency Management (3) Facsimile. Submit comments to confidential trade secrets or commercial Agency (703) 483–2999. (4) E-mail. Submit comments to property such as patentable material, [Docket ID: FEMA–2009–0001] and personal information concerning FEMA–[email protected]. Include individuals associated with the grant Agency Information Collection Docket ID FEMA–2009–0001 in the applications, the disclosure of which Activities: Proposed Collection; subject line. All submissions received must would constitute a clearly unwarranted Comment Request, 1660–0080; include the agency name and Docket ID. invasion of personal privacy. Application for Surplus Federal Real Property Public Benefit Conveyance Regardless of the method used for Name of Committee: National Institute of and BRAC Program for Emergency submitting comments or material, all Dental and Craniofacial Research Special Management Use submissions will be posted, without Emphasis Panel; Review R13. change, to the Federal eRulemaking Date: February 19, 2010. AGENCY: Federal Emergency Portal at http://www.regulations.gov, Time: 2 p.m. to 3 p.m. Management Agency, DHS. and will include any personal Agenda: To review and evaluate grant ACTION: Notice; 60-day notice and information you provide. Therefore, applications. request for comments; revision of a submitting this information makes it Place: National Institutes of Health, One currently approved information public. You may wish to read the Democracy Plaza, 6701 Democracy collection; OMB No. 1660–0080; FEMA Privacy Act notice that is available on Boulevard, Bethesda, MD 20892. (Virtual Form 119–0–1 (replaces 60–25), Surplus the Privacy and Use Notice link on the Meeting) Federal Real Property Application for Administration Navigation Bar of http:// Contact Person: Mary Kelly, Scientific Public Benefit Conveyance. www.regulations.gov. Review Officer, Scientific Review Branch, FOR FURTHER INFORMATION CONTACT: National Inst. of Dental & Craniofacial SUMMARY: The Federal Emergency Contact Jeannie Murphy-Knox, PBC/ Research, NIH 6701 Democracy Blvd., Room Management Agency, as part of its BRAC Coordinator, FEMA, (202) 646– 672, MSC 4878, Bethesda, MD 20892–4878, continuing effort to reduce paperwork 301–594–4809, [email protected]. 4613 for additional information. You and respondent burden, invites the may contact the Records Management Name of Committee: National Institute of general public and other Federal Branch for copies of the proposed Dental and Craniofacial Research Special Agencies to take this opportunity to collection of information at facsimile Emphasis Panel; NIDCR Review of Small comment on a proposed revision of a number (202) 646–3347 or e-mail Research Grants for Data Analysis and currently approved information address: FEMA-Information- Statistical Methodology (R03). collection. In accordance with the [email protected]. Date: February 22, 2010. Paperwork Reduction Act of 1995, this Time: 1:30 p.m. to 4:30 p.m. Notice seeks comments concerning the SUPPLEMENTARY INFORMATION: Excess Agenda: To review and evaluate grant application process for the conveyance Federal real property is defined as applications. of Federal real property for public property that is no longer mission Place: National Institutes of Health, One benefit. The purpose of this form is to critical to the needs of the Federal Democracy Plaza, 6701 Democracy implement the processes and Government. The conveyance and Boulevard, Bethesda, MD 20892. (Telephone procedures for the successful, lawful, disposal of excess real property is Conference Call) and expeditious conveyance of real governed by the Federal Property and Contact Person: Victor Henriquez, PhD, property from the Federal Government Administrative Services Act of 1949 Scientific Review Officer, DEA/SRB/NIDCR, to public entities such as State, local, (Property Act) as amended, 40 U.S.C. 6701 Democracy Blvd., Room 668, Bethesda, city, town, or other like government 541, et seq., 40 U.S.C. 553, and MD 20892–4878, 301–451–2405, bodies as it relates to emergency applicable regulations (41 CFR 102– [email protected]. management response purposes, 75.750 through 102.75.815). (Catalogue of Federal Domestic Assistance including Fire and Rescue services. Under the sponsorship of Federal Program Nos. 93.121, Oral Diseases and Compliance will ensure that properties Emergency Management Agency Disorders Research, National Institutes of will be fully positioned to use at their (FEMA) the Property Act gives the Health, HHS) highest and best potentials as required Administrator of the General Services Administration (GSA) authority to Dated: January 8, 2010. by General Services Administration and Department of Defense regulations, convey Federal real and related surplus Jennifer Spaeth, property (without monetary Director, Office of Federal Advisory Federal law, Executive Orders, and the Code of Federal Regulations. consideration) to units of State and local Committee Policy. government for emergency management [FR Doc. 2010–627 Filed 1–13–10; 8:45 am] DATES: Comments must be submitted on response purposes, including fire rescue or before March 15, 2010. BILLING CODE 4140–01–P services. The scope and philosophy of ADDRESSES: To avoid duplicate GSA’s real property policies are submissions to the docket, please use contained in 41 CFR Part 102–71. only one of the following means to submit comments: Collection of Information (1) Online. Submit comments at Title: Application for Surplus Federal http://www.regulations.gov under Real Property Public Benefit Docket ID FEMA–2009–0001. Follow Conveyance and BRAC Program for the instructions for submitting Emergency Management Use. comments. Type of Information Collection: (2) Mail. Submit written comments to Revision of a currently approved Office of Chief Counsel, Regulation and information collection.

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OMB Number: 1660–0080. processes and procedures for the will be fully positioned for use at their Form Titles and Numbers: FEMA successful, lawful, and expeditious highest and best potentials as required Form 119–0–1 (replaces 60–25), Surplus conveyance of real property from the by GSA and Department of Defense Federal Real Property Application for Federal Government to public entities regulations, public law, Executive Public Benefit Conveyance. such as State, local, county, city, town, Orders, and the Code of Federal Abstract: Use of the Application for or other like government bodies, as it Regulations. Surplus Federal Real Property Public relates to emergency management Benefit Conveyance and Base Affected Public: State, local, or Tribal response purposes, including fire and Realignment and Closure (BRAC) Government. rescue services. Utilization of this Program for Emergency Management Estimated Total Annual Burden Use is necessary to implement the application will ensure that properties Hours: 250 Hours.

TABLE A.12—ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

Number of Avg. burden Form name/form Number of responses Total num- per re- Total annual Avg. hourly Total annual Type of respondent number respondents per re- ber of re- sponse burden wage rate * respondent spondent sponses (in hours) (in hours) cost

State, local, or Surplus Federal 50 1 50 4 200 $55.81 $11,162 Tribal Govern- Real Property ment. Application for Public Benefit Conveyances/ FEMA Form 119–0–1 (re- places 60–25). State, local, or Annual Status Re- 50 1 50 1 50 55.81 2,791 Tribal Govern- port/No Form. ment.

Total ...... 50 ...... 100 ...... 250 ...... 13,953 * Note: The ‘‘Avg. Hourly Wage Rate’’ for each respondent includes a 1.4 multiplier to reflect a fully-loaded wage rate.

Estimated Cost: There is no annual DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: If operation or maintenance cost SECURITY you have questions on this notice, call associated with this collection. CWO2 David Mauldin, District Eight, Coast Guard Prevention Branch, U.S. Coast Guard, Comments telephone 504–671–2153. If you have Comments may be submitted as [Docket No. USCG–2009–1070] questions on viewing or submitting indicated in the ADDRESSES caption material to the docket, call Renee V. Certificate of Alternative Compliance above. Comments are solicited to (a) Wright, Program Manager, Docket for the Anchor Handling Tug Supply evaluate whether the proposed data Operations, telephone 202–366–9826. Vessel HOLIDAY collection is necessary for the proper SUPPLEMENTARY INFORMATION: performance of the agency, including AGENCY: Coast Guard, DHS. Background and Purpose whether the information shall have ACTION: Notice. practical utility; (b) evaluate the The anchor handling tug supply accuracy of the agency’s estimate of the SUMMARY: The Coast Guard announces vessel HOLIDAY will be used for burden of the proposed collection of that a Certificate of Alternative offshore supply operations. The information, including the validity of Compliance was issued for the anchor horizontal distance between the forward the methodology and assumptions used; handling tug supply vessel HOLIDAY as and aft masthead lights may be 25′- (c) enhance the quality, utility, and required by 33 U.S.C. 1605(c) and 33 115⁄8″. Placing the aft masthead light at clarity of the information to be CFR 81.18. the horizontal distance from the forward collected; and (d) minimize the burden DATES: The Certificate of Alternative masthead light as required by Annex I, of the collection of information on those Compliance was issued on November paragraph 3(a) of the 72 COLREGS, and who are to respond, including through 30, 2009. Annex I, Section 84.05(a) of the Inland the use of appropriate automated, ADDRESSES: The docket for this notice is Rules Act, would result in an aft electronic, mechanical, or other available for inspection or copying at masthead light location directly over the technological collection techniques or the Docket Management Facility (M–30), cargo deck, where it would interfere other forms of information technology, U.S. Department of Transportation, with loading and unloading operations. e.g., permitting electronic submission of West Building Ground Floor, Room The Certificate of Alternative responses. W12–140, 1200 New Jersey Avenue, SE., Compliance allows for the horizontal Larry Gray, Washington, DC 20590, between 9 a.m. separation of the forward and aft Director, Records Management Division, and 5 p.m., Monday through Friday, masthead lights to deviate from the Office of Management, Federal Emergency except Federal holidays. You may also requirements of Annex I, paragraph 3(a) Management Agency, Department of find this docket on the Internet by going of 72 COLREGS, and Annex I, Section Homeland Security. to http://www.regulations.gov, inserting 84.05(a) of the Inland Rules Act. [FR Doc. 2010–616 Filed 1–13–10; 8:45 am] USCG–2009–1070 in the ‘‘Keyword’’ This notice is issued under authority BILLING CODE 9111–19–P box, and then clicking on ‘‘Search.’’ of 33 U.S.C. 1605(c), and 33 CFR 81.18.

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Dated: 14 December 2009. where it would interfere with loading horizontal distance between the forward J.W. Johnson, and unloading operations. and aft masthead lights may be 20′- Commander, U.S. Coast Guard, Chief, The Certificate of Alternative 99⁄16″. Placing the aft masthead light at Inspections and Investigations Branch, By Compliance allows for the horizontal the horizontal distance from the forward Direction of the Commander, Eighth Coast separation of the forward and aft masthead light as required by Annex I, Guard District. masthead lights to deviate from the paragraph 3(a) of the 72 COLREGS, and [FR Doc. 2010–548 Filed 1–13–10; 8:45 am] requirements of Annex I, paragraph 3(a) Annex I, Section 84.05(a) of the Inland BILLING CODE 9110–04–P of 72 COLREGS, and Annex I, Section Rules Act, would result in an aft 84.05(a) of the Inland Rules Act. masthead light location directly over the This notice is issued under authority cargo deck, where it would interfere DEPARTMENT OF HOMELAND of 33 U.S.C. 1605(c), and 33 CFR 81.18. with loading and unloading operations. SECURITY Dated: December 14, 2009. The Certificate of Alternative J.W. Johnson, Compliance allows for the horizontal Coast Guard separation of the forward and aft Commander, U.S. Coast Guard, Chief, [Docket No. USCG–2009–1071] Inspections and Investigations Branch, By masthead lights to deviate from the Direction of the Commander, Eighth Coast requirements of Annex I, paragraph 3(a) Certificate of Alternative Compliance Guard District. of 72 COLREGS, and Annex I, Section for the Offshore Supply Vessel C– [FR Doc. 2010–549 Filed 1–13–10; 8:45 am] 84.05(a) of the Inland Rules Act. CHARIOT BILLING CODE 9110–04–P This notice is issued under authority of 33 U.S.C. 1605(c), and 33 CFR 81.18. AGENCY: Coast Guard, DHS. Dated: December 14, 2009. ACTION: Notice. DEPARTMENT OF HOMELAND J.W. Johnson, SUMMARY: The Coast Guard announces SECURITY Commander, U.S. Coast Guard, Chief, Inspections and Investigations Branch, By that a Certificate of Alternative Coast Guard Compliance was issued for the offshore Direction of the Commander, Eighth Coast supply vessel C–CHARIOT as required [Docket No. USCG–2009–1069] Guard District. by 33 U.S.C. 1605(c) and 33 CFR 81.18. [FR Doc. 2010–547 Filed 1–13–10; 8:45 am] Certificate of Alternative Compliance DATES: The Certificate of Alternative BILLING CODE 9110–04–P for the Tractor Tug FORTE Compliance was issued on December 4, 2009. AGENCY: Coast Guard, DHS. DEPARTMENT OF HOMELAND ADDRESSES: The docket for this notice is ACTION: Notice. SECURITY available for inspection or copying at the Docket Management Facility (M–30), SUMMARY: The Coast Guard announces Federal Emergency Management U.S. Department of Transportation, that a Certificate of Alternative Agency West Building Ground Floor, Room Compliance was issued for the tractor [Docket ID FEMA–2008–0010] W12–140, 1200 New Jersey Avenue, SE., tug FORTE as required by 33 U.S.C. 1605(c) and 33 CFR 81.18. Washington, DC 20590, between 9 a.m. National Fire Academy Board of and 5 p.m., Monday through Friday, DATES: The Certificate of Alternative Visitors except Federal holidays. You may also Compliance was issued on November find this docket on the Internet by going 30, 2009. AGENCY: Federal Emergency to http://www.regulations.gov, inserting ADDRESSES: The docket for this notice is Management Agency, DHS. USCG–2009–1071 in the ‘‘Keyword’’ available for inspection or copying at ACTION: Committee Management; Notice box, and then clicking on ‘‘Search.’’ the Docket Management Facility (M–30), of Open Teleconference Federal FOR FURTHER INFORMATION CONTACT: If U.S. Department of Transportation, Advisory Committee Meeting. you have questions on this notice, call West Building Ground Floor, Room SUMMARY: CWO2 David Mauldin, District Eight, W12–140, 1200 New Jersey Avenue, SE., The National Fire Academy Prevention Branch, U.S. Coast Guard, Washington, DC 20590, between 9 a.m. Board of Visitors will meet by telephone 504–671–2153. If you have and 5 p.m., Monday through Friday, teleconference on February 2, 2010. questions on viewing or submitting except Federal holidays. You may also DATES: The teleconference will take material to the docket, call Renee V. find this docket on the Internet by going place Tuesday, February 2, 2010, from Wright, Program Manager, Docket to http://www.regulations.gov, inserting 10 a.m. to 12 p.m., e.s.t. Comments must Operations, telephone 202–366–9826. USCG–2009–1069 in the ‘‘Keyword’’ be submitted by Tuesday, February 9, 2010. SUPPLEMENTARY INFORMATION: box, and then clicking on ‘‘Search.’’ FOR FURTHER INFORMATION CONTACT: If ADDRESSES: Members of the public who Background and Purpose you have questions on this notice, call wish to obtain the call-in number, The offshore supply vessel C– CWO2 David Mauldin, District Eight, access code, and other information for CHARIOT will be used for offshore Prevention Branch, U.S. Coast Guard, the public teleconference may contact supply operations. The horizontal telephone 504–671–2153. If you have Teressa Kaas as listed in the FOR distance between the forward and aft questions on viewing or submitting FURTHER INFORMATION CONTACT section masthead lights may be 21′-83⁄4″. Placing material to the docket, call Renee V. by February 1, 2010, as the number of the aft masthead light at the horizontal Wright, Program Manager, Docket teleconference lines is limited and distance from the forward masthead Operations, telephone 202–366–9826. available on a first-come, first served light as required by Annex I, paragraph SUPPLEMENTARY INFORMATION: basis. Members of the public may also 3(a) of the 72 COLREGS, and Annex I, participate by coming to the National Section 84.05(a) of the Inland Rules Act, Background and Purpose Emergency Training Center, Building H, would result in an aft masthead light The tractor tug FORTE will be used Room 300, Emmitsburg, Maryland. location directly over the cargo deck for offshore supply operations. The Members of the general public who plan

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to participate in the meeting should Information on Services for Individuals • Central Utah Water Conservancy contact Teressa Kaas as listed in the FOR With Disabilities District, 355 West University FURTHER INFORMATION CONTACT section, Parkway, Orem, Utah 84058–7303. For information on facilities or on or before February 1, 2010. Written • Department of the Interior, Central services for individuals with disabilities material as well as requests to have Utah Project Completion Act Office, or to request special assistance at the written material distributed to each 302 East 1860 South, Provo, Utah meeting, contact Teressa Kaas as soon as member of the committee prior to the 84606. possible. meeting should reach Teressa Kaas as In addition, the document is available at listed in the FOR FURTHER INFORMATION Dated: January 6, 2010. http://www.cuwcd.com. CONTACT section by February 1, 2010. Denis G. Onieal, FOR FURTHER INFORMATION CONTACT: Comments must be identified by docket Superintendent, National Fire Academy, Additional information may be obtained ID FEMA–2008–0010 and may be United States Fire Administration, Federal by contacting Mr. Lynn Hansen, Central submitted by one of the following Emergency Management Agency. Utah Project Completion Act Office, 302 methods: [FR Doc. 2010–590 Filed 1–13–10; 8:45 am] East 1860 South, Provo, Utah 84606, by • Federal eRulemaking Portal: http:// BILLING CODE 9111–45–P calling (801) 379–1238, or e-mail at www.regulations.gov. Follow the [email protected]. instructions for submitting comments. Before including your name, address, • E-mail: [email protected]. phone number, e-mail address, or other DEPARTMENT OF THE INTERIOR Include the docket ID in the subject line personal identifying information in your comment, you should be aware that of the message. Central Utah Project Completion Act your entire comment including your • Fax: 703–483–2999. • AGENCY: Department of the Interior, personal identifying information, may Mail: Teressa Kaas, 16825 South be made publicly available at any time. Seton Avenue, Emmitsburg, Maryland Office of the Assistant Secretary—Water and Science. While you can ask us in your comment 21727. to withhold your personal identifying ACTION: Instructions: All submissions received Notice of Availability, Draft information from public review, we must include the docket ID for this Environmental Assessment (Draft EA), cannot guarantee that we will be able to action. Comments received will be Wasatch County Water Efficiency do so. posted without alteration at http:// Project Recycled Water Project. Dated: January 8, 2010. www.regulations.gov, including any SUMMARY: Pursuant to Section 102(2)(c) Reed R. Murray, personal information provided. of the National Environmental Policy Program Director, Central Utah Project Docket: For access to the docket to Act of 1969, as amended, the Completion Act, Department of the Interior. read background documents or Department of the Interior and the [FR Doc. 2010–575 Filed 1–13–10; 8:45 am] comments received by the National Fire Central Utah Water Conservancy District BILLING CODE 4310–RK–P Academy Board of Visitors, go to http:// are evaluating the impacts of the www.regulations.gov. proposed project. FOR FURTHER INFORMATION CONTACT: This project anticipates conveying DEPARTMENT OF THE INTERIOR Teressa Kaas, 16825 South Seton recycled water in the facilities of the Avenue, Emmitsburg, Maryland 21727, Wasatch County Water Efficiency Bureau of Land Management telephone (301) 447–1117, fax (301) Project (WCWEP), Bonneville Unit, [AA–8099–01; LLAK965000–L14100000– 447–1173, and e-mail Central Utah Project (CUP). It would KC0000–P] [email protected]. provide an opportunity for more effective and efficient management of Alaska Native Claims Selection SUPPLEMENTARY INFORMATION: Notice of water, make efficient use of recycled this meeting is given under the Federal AGENCY: Bureau of Land Management, water, provide opportunities for stream Advisory Committee Act, 5 U.S.C. App. Interior. and wetland benefits, and encourage the (Pub. L. 92–463). The National Fire ACTION: Notice of decision approving conservation and wise use of water, all Academy Board of Visitors will be lands for conveyance. of which are objectives of the CUP holding a teleconference for purposes of Completion Act. reviewing National Fire Academy SUMMARY: As required by 43 CFR Program activities, including the status The proposed action would allow 2650.7(d), notice is hereby given that an of facility capital improvements, the recycled water to be conveyed and used appealable decision approving the budget update, the Academy update, in WCWEP facilities and through subsurface estate in certain lands for Board discussions and new items. This exchange become CUP water. All water conveyance pursuant to the Alaska meeting is open to the public. supply commitments under the existing Native Claims Settlement Act will be contracts and agreements will continue issued to Calista Corporation. The lands The Chairperson of the National Fire to be met. are in the vicinity of Kuskokwim Delta Academy Board of Visitors shall Area, Alaska, and are located in: conduct the teleconference in a way that DATES: Submit written comments on the will, in his judgment, facilitate the Draft EA to Ms. Sarah Sutherland at the Seward Meridian, Alaska orderly conduct of business. During its address below by February 16, 2010. T. 1 N., R. 79 W., teleconference, the committee welcomes ADDRESSES: Send written comments on Secs. 5 and 6. public comment; however, comments the Draft EA to Sarah Sutherland, Containing approximately 1,271 acres. will be permitted only during the public WCWEP Recycled Water Project, 355 W. T. 2 N., R. 79 W., comment period. The Chairperson will University Parkway, Orem, UT 84058– Secs. 24 to 27, inclusive; make every effort to hear the views of 7303, by e-mail to [email protected], or Secs. 34, 35, and 36. all interested parties. Please note that by Fax at 801–226–7171. Containing approximately 4,128 acres. the teleconference may end early if all Copies of the Draft EA are available T. 1 N., R. 80 W., business is completed. for inspection at: Secs. 1 to 18, inclusive.

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Containing approximately 9,242 acres. week, to contact the Bureau of Land Containing approximately 8,477 acres. T. 2 N., R. 80 W., Management. Aggregating approximately 52,379 acres. Secs. 19 to 36, inclusive. Notice of the decision will also be Robert Childers, Containing approximately 8,207 acres. published four times in the Tundra Land Law Examiner, Land Transfer Drums. T. 1 N., R. 81 W., Adjudication II Branch. Secs. 1 to 4, inclusive; [FR Doc. 2010–556 Filed 1–13–10; 8:45 am] DATES: The time limits for filing an Secs. 9 to 16, inclusive; BILLING CODE 4310–JA–P appeal are: Containing approximately 5,730 acres. 1. Any party claiming a property T. 2 N., R. 81 W., interest which is adversely affected by Secs. 22 to 27 inclusive; DEPARTMENT OF THE INTERIOR the decision shall have until February Secs. 34, 35, and 36. 16, 2010 to file an appeal. Containing approximately 5,213 acres. Bureau of Land Management 2. Parties receiving service of the decision by certified mail shall have 30 T. 4 N., R. 81 W., [AA–8099–01; LLAK965000–L14100000– Secs. 17, 19, and 20; KC0000–P] days from the date of receipt to file an Secs. 29, 30, 31, and 32. appeal. Alaska Native Claims Selection Parties who do not file an appeal in Containing approximately 1,812 acres. accordance with the requirements of 43 T. 2 N., R. 83 W., AGENCY: Bureau of Land Management, CFR part 4, Subpart E, shall be deemed Sec. 1. Interior. to have waived their rights. Containing approximately 25 acres. ACTION: Notice of decision approving ADDRESSES: A copy of the decision may T. 2 S., R. 84 W., lands for conveyance. be obtained from: Bureau of Land Secs. 1, 2, 13, and 14. SUMMARY: As required by 43 CFR Management, Alaska State Office, 222 Containing approximately 1,466 acres. 2650.7(d), notice is hereby given that an West Seventh Avenue, #13, Anchorage, T. 1 S., R. 85 W., appealable decision approving the Alaska 99513–7504. Secs. 13, 23, 24, and 25; subsurface estate in certain lands for FOR FURTHER INFORMATION CONTACT: The Secs. 26, 27, 35, and 36. conveyance pursuant to the Alaska Bureau of Land Management by phone Containing approximately 3,390 acres. Native Claims Settlement Act will be at 907–271–5960, or by e-mail at T. 2 S., R. 86 W., issued to Calista Corporation. The lands [email protected]. Persons Sec. 10; are in the vicinity of Kuskokwim Delta who use a telecommunication device Secs. 12 to 16, inclusive; Area, Alaska, and are located in: (TTD) may call the Federal Information Secs. 20 to 24, inclusive; Seward Meridian, Alaska Relay Service (FIRS) at 1–800–877– Secs. 26 and 27. 8339, 24 hours a day, seven days a Containing approximately 6,545 acres. T. 5 N., R. 76 W., week, to contact the Bureau of Land Secs. 4 to 9, inclusive; Aggregating approximately 47,029 acres. Secs. 16, 17, 20, and 21; Management. Notice of the decision will also be Secs. 28, 29, 32, and 33. Robert Childers, published four times in the Tundra Containing approximately 6,024 acres. Land Law Examiner, Land Transfer Drums. T. 6 N., R. 76 W., Adjudication II Branch. Secs. 18 and 19; [FR Doc. 2010–554 Filed 1–13–10; 8:45 am] DATES Secs. 30 to 33, inclusive. : The time limits for filing an BILLING CODE 4310–JA–P appeal are: Containing approximately 2,523 acres. 1. Any party claiming a property T. 4 N., R. 77 W., interest which is adversely affected by Secs. 3, 22, 27, and 34. DEPARTMENT OF THE INTERIOR the decision shall have until February Containing approximately 2,122 acres. 16, 2010 to file an appeal. T. 5 N., R. 77 W., Bureau of Land Management Secs. 1, 2, 3, and 10; 2. Parties receiving service of the [AA–8099–01; LLAK965000–L14100000– Secs. 11, 12, 14, and 15; KC0000–P] decision by certified mail shall have 30 Secs. 19 to 23, inclusive; days from the date of receipt to file an Secs. 25 to 34, inclusive. Alaska Native Claims Selection appeal. Containing approximately 11,903 acres. AGENCY: Bureau of Land Management, Parties who do not file an appeal in T. 6 N., R. 77 W., Interior. accordance with the requirements of 43 Secs. 10 to 15, inclusive; CFR part 4, subpart E, shall be deemed Sec. 18; ACTION: Notice of decision approving to have waived their rights. Secs. 23 to 26, inclusive; lands for conveyance. Sec. 31. ADDRESSES: A copy of the decision may Containing approximately 6,120 acres. SUMMARY: As required by 43 CFR be obtained from: Bureau of Land T. 3 N., R. 78 W., 2650.7(d), notice is hereby given that an Management, Alaska State Office, 222 Secs. 7, 17, and 18; appealable decision approving the West Seventh Avenue, #13, Anchorage, Secs. 19, 20, 29, and 30. subsurface estate in certain lands for Alaska 99513–7504. Containing approximately 3,878 acres. conveyance pursuant to the Alaska T. 5 N., R. 78 W., Native Claims Settlement Act will be FOR FURTHER INFORMATION CONTACT: The Secs. 4 to 9, inclusive; issued to Calista Corporation. The lands Bureau of Land Management by phone Secs. 16 to 21, inclusive; are in the vicinity of Kuskokwim Delta at 907–271–5960, or by e-mail at Secs. 28 to 33, inclusive. Area, Alaska, and are located in: [email protected]. Persons Containing approximately 11,332 acres. Seward Meridian, Alaska who use a telecommunication device T. 6 N., R. 78 W., (TTD) may call the Federal Information Secs. 5 to 8, inclusive; T. 7 N., R. 77 W., Relay Service (FIRS) at 1–800–877– Secs. 21 to 28, inclusive; Secs. 19 to 36, inclusive. 8339, 24 hours a day, seven days a Secs. 33 to 36, inclusive. Containing approximately 9,605 acres.

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T. 7 N., R. 78 W., DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Secs. 5 to 8, inclusive; Secs. 17 to 20, inclusive; Bureau of Land Management Bureau of Land Management Secs. 29 to 32, inclusive. DEPARTMENT OF AGRICULTURE Containing approximately 5,789 acres. [F–19155–12; LLAK964000–L14100000– T. 7 N., R. 79 W., HY0000–P] U.S. Forest Service Secs. 1 to 36, inclusive. Alaska Native Claims Selection Containing approximately 21,756 acres. Notice of Call for Nominations for Appointment of Primary and Alternate T. 6 N., R. 80 W., AGENCY: Bureau of Land Management, Secs. 1 to 36, inclusive. Interior. Representatives for the City of Palm Desert to the Santa Rosa and San Containing approximately 22,352 acres. ACTION: Notice of decision approving Jacinto Mountains National Monument T. 7 N., R. 80 W., lands for conveyance. Advisory Committee Secs. 1, 2, and 3; Secs. 10 to 15, inclusive; SUMMARY: As required by 43 CFR AGENCY: Bureau of Land Management, Secs. 22 to 27, inclusive; 2650.7(d), notice is hereby given that an Interior; and U.S. Forest Service, Secs. 34, 35, and 36. appealable decision approving the Agriculture. Containing approximately 10,780 acres. surface and subsurface estates in certain ACTION: Notice of call for nominations. T. 6 N., R. 81 W., lands for conveyance pursuant to the SUMMARY: This notice constitutes an Secs. 12, 13, and 14; Alaska Native Claims Settlement Act open call to the public to submit Secs. 22 to 28, inclusive; will be issued to Doyon, Limited. The nomination applications for one Secs. 33 to 36, inclusive. lands are in the vicinity of Tanana, primary representative and one alternate Alaska, and are located in: Containing approximately 7,665 acres. representative for the City of Palm Aggregating approximately 77,947 acres. Fairbanks Meridian, Alaska Desert, California, to the Santa Rosa and Notice of the decision will also be T. 5 N., R. 23 W., San Jacinto Mountains National published four times in the Tundra Secs. 31 to 36, inclusive. Monument Advisory Committee. Terms Drums. Containing approximately 3,839 acres. will begin on the date of appointment and will expire on December 16, 2011. DATES: The time limits for filing an Notice of the decision will also be DATES: Nomination applications must be appeal are: published four times in the Fairbanks submitted to the address listed below no Daily News-Miner. 1. Any party claiming a property later than January 29, 2010. interest which is adversely affected by DATES: The time limits for filing an ADDRESSES: Santa Rosa and San Jacinto the decision shall have until February appeal are: Mountains National Monument Office, 16, 2010 to file an appeal. 1. Any party claiming a property Attn: National Monument Manager, 2. Parties receiving service of the interest which is adversely affected by Advisory Committee Nomination Application, 1201 Bird Center Drive, decision by certified mail shall have 30 the decision shall have until February Palm Springs, California 92262. days from the date of receipt to file an 16, 2010 to file an appeal. appeal. 2. Parties receiving service of the FOR FURTHER INFORMATION CONTACT: Jim decision by certified mail shall have 30 Foote, National Monument Manager, Parties who do not file an appeal in days from the date of receipt to file an Santa Rosa and San Jacinto Mountains accordance with the requirements of 43 appeal. National Monument, telephone (760) CFR part 4, subpart E, shall be deemed 833–7136; e-mail [email protected]. to have waived their rights. Parties who do not file an appeal in accordance with the requirements of 43 SUPPLEMENTARY INFORMATION: In ADDRESSES: A copy of the decision may CFR Part 4, Subpart E, shall be deemed accordance with the Santa Rosa and San be obtained from: Bureau of Land to have waived their rights. Jacinto Mountains National Monument Management, Alaska State Office, 222 Act of 2000 (Pub. L. 106–351), the ADDRESSES: A copy of the decision may West Seventh Avenue, #13, Anchorage, Secretary of the Interior and the be obtained from: Bureau of Land Alaska 99513–7504. Secretary of Agriculture (Secretaries) Management, Alaska State Office, 222 have jointly established an advisory FOR FURTHER INFORMATION CONTACT: The West Seventh Avenue, #13, Anchorage, committee for the Santa Rosa and San Bureau of Land Management by phone Alaska 99513–7504. Jacinto Mountains National Monument at 907–271–5960, or by e-mail at FOR FURTHER INFORMATION CONTACT: The under the provisions of the Federal [email protected]. Persons Bureau of Land Management by phone Advisory Committee Act. The purpose who use a telecommunication device at 907–271–5960, or by e-mail at of the National Monument Advisory (TTD) may call the Federal Information [email protected]. Persons Committee (MAC) is to advise the Relay Service (FIRS) at 1–800–877– who use a telecommunication device Secretaries with respect to 8339, 24 hours a day, seven days a (TTD) may call the Federal Information implementation of the National week, to contact the Bureau of Land Relay Service (FIRS) at 1–800–877– Monument Management Plan. Management. 8339, 24 hours a day, seven days a The MAC holds public meetings at week, to contact the Bureau of Land least once per year. The Designated Robert Childers, Management. Federal Officer (DFO), or his/her Land Law Examiner, Land Transfer designee, may convene additional Adjudication II Branch. Hillary Woods, meetings as necessary. All MAC [FR Doc. 2010–553 Filed 1–13–10; 8:45 am] Land Law Examiner, Land Transfer members are volunteers serving without Adjudication I Branch. BILLING CODE 4310–JA–P pay. Members of the MAC may be [FR Doc. 2010–552 Filed 1–13–10; 8:45 am] reappointed upon expiration of the BILLING CODE 4310–JA–P member’s current term.

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All applicants must be citizens of the availability of proposed low-effect Background United States. Members are appointed habitat conservation plan (HCP); request The RCW is a territorial, nonmigratory by the Secretary of the Interior with for comment/information. species. It is the only North American concurrence by the Secretary of woodpecker to excavate roost and nest SUMMARY: Agriculture. Applicants must be We, the Fish and Wildlife cavities in living pine trees. This qualified through education, training, Service (Service), announce the species’ use of live pines may have knowledge, or experience to give availability of an incidental take permit evolved in response to living in a fire- informed advice regarding an industry, (ITP) application and habitat maintained ecosystem where frequent discipline, or interest to be represented. conservation plan (HCP). Virginia H. fires, primarily in the growing season, There is no limit to the number of McIntosh (applicant) requests a 5-year eliminated most standing dead pines nomination applications which may be ITP under the Endangered Species Act (snags). submitted for the City of Palm Desert of 1973, as amended (Act). The The RCW has declined primarily due positions. Any individual may nominate applicant anticipates taking two red- to conversion of mature pine forests to himself or herself for appointment. cockaded woodpecker (Picoides young pine plantations, agricultural Completed nomination applications borealis) (RCW) groups incidental to fields, and residential and commercial should include letters of reference and/ timber harvesting in Williamsburg development, and also because of or recommendations from the City of County, South Carolina (project). The hardwood encroachment in existing Palm Desert, and any other information applicant’s HCP describes the mitigation pine forests due to fire suppression. explaining the nominee’s qualifications and minimization measures the Presently, the largest known (e.g., resume, curriculum vitae). applicant proposes to address the effects populations occur on federally owned Nomination application packages are of the project to the RCW. lands such as military installations and available at the address listed in the DATES: We must receive any written national forests. ‘‘ADDRESSES’’ section, through the Santa comments on the ITP application and Applicant’s Proposal Rosa and San Jacinto Mountains HCP on or before February 16, 2010. National Monument Web site at http:// The applicant is requesting take of www.blm.gov/ca/st/en/fo/palmsprings/ ADDRESSES: If you wish to review the two groups of RCWs incidental to the santarosa/mac_nominations.html, via application and HCP, you may write the project. The 286-acre (ac) project is telephone request at (760) 833–7100, or Field Supervisor at our Jacksonville located on SC County Road 158, 9.8 through an e-mail request to Field Office, 7915 Baymeadows Way, miles northwest of the Town of [email protected]. Suite 200, Jacksonville, FL 32256 or Kingstree, Williamsburg County, South Each application package includes make an appointment to visit during Carolina. The proposed project includes forms from the U.S. Department of the normal business hours. If you wish to the harvest of 73.8 ac of long leaf pine Interior and U.S. Department of comment, you may mail or hand deliver flatwoods mixed with isolated pond Agriculture. All submitted nomination comments to the Jacksonville Field pine wetlands, pine flatwoods, and applications become the property of the Office, or you may e-mail comments to _ agricultural fields, which are currently Department of the Interior, Bureau of paula [email protected]. For more the only remaining foraging habitat for Land Management, and Santa Rosa and information on reviewing documents the two groups of RCWs. The applicant San Jacinto Mountains National and public comments and submitting proposes to mitigate for the take of the Monument, and will not be returned. comments, see SUPPLEMENTARY two groups by establishing two new Nomination applications can only be INFORMATION. groups at Brookgreen Gardens applied to the current open public call FOR FURTHER INFORMATION CONTACT: (Brookgreen), Georgetown County, for nominations. Paula Sisson, Fish and Wildlife South Carolina. The applicant will John R. Kalish, Biologist, Jacksonville Field Office (see translocate the two existing RCW groups Field Manager, Palm Springs-South Coast ADDRESSES); telephone: 904/731–3134. from the project site to Brookgreen after cavity inserts have been installed at the Field Office, California Desert District, Bureau SUPPLEMENTARY INFORMATION: of Land Management. new site. The translocation process will Laurie Rosenthal, Public Availability of Comments continue until the two groups have been established at Brookgreen. As District Ranger, San Jacinto Ranger District, Before including your address, phone San Bernardino National Forest, U.S. Forest minimization for impacts to the species, Service. number, e-mail address, or other timber harvesting activities will not be personal identifying information in your conducted until all RCWs have been [FR Doc. 2010–551 Filed 1–13–10; 8:45 am] comment, you should be aware that BILLING CODE 3410–11–P relocated to Brookgreen. your entire comment—including your We have determined that the personal identifying information—may applicant’s proposal, including the DEPARTMENT OF THE INTERIOR be made publicly available at any time. proposed mitigation and minimization While you can ask us in your comment measures, would have minor or Fish and Wildlife Service to withhold your personal identifying negligible effects on the species covered information from public review, we in the HCP. Therefore, we are making a [FWS–R4–ES–2009–N275; 41910–1112– cannot guarantee that we will be able to 0000–F2] preliminary determination that the ITP do so. is a ‘‘low-effect’’ project and qualifies for Endangered and Threatened Wildlife Please reference permit number categorical exclusion under the National and Plants; Permits; Timber Harvest in TE236127–0 for the applicant for all Environmental Policy Act (NEPA; 42 Williamsburg County, SC requests or comments. If you do not U.S.C. 4321 et seq.), as provided by the receive a confirmation from us that we Department of the Interior Manual (516 AGENCY: Fish and Wildlife Service, have received your e-mail message, DM 2 Appendix 1 and 516 DM 6 Interior. contact us directly at the telephone Appendix 1). We may revise this ACTION: Notice of receipt of application number listed under FOR FURTHER preliminary determination based on our for an incidental take permit (ITP); INFORMATION CONTACT. review of public comments we receive

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in response to this notice. A low-effect requests for information by any of the We furnish this notice in accordance HCP is one involving (1) Minor or following methods. with the National Environmental Policy negligible effects on federally listed or E-mail: [email protected]. Act (NEPA) as amended, and its candidate species and their habitats, Fax: Attn: Beth Flint, (808) 792–9586. implementing regulations; the National and (2) minor or negligible effects on U.S. Mail: Beth Flint, Acting Project Wildlife Refuge System Administration other environmental values or Leader, Pacific Reefs National Wildlife Act of 1966 as amended by the National resources. Refuge Complex, 300 Ala Moana Blvd. Wildlife Refuge System Improvement We will evaluate the HCP and Suite 5–231, Honolulu, HI 96850. Act of 1997 (16 U.S.C. 668dd-668ee) comments we receive to determine FOR FURTHER INFORMATION CONTACT: Beth (Refuge Administration Act); and whether the ITP application meets the Flint, Pacific Reefs National Wildlife Service policies. The Refuge requirements of section 10(a) of the Act Refuge Complex, phone (808) 792–9553. Administration Act requires all lands (16 U.S.C. 1531 et seq.). If we determine SUPPLEMENTARY INFORMATION: within the National Wildlife Refuge that the application meets those Refuge Overview System to be managed in accordance requirements, we will issue the ITP for with achieving the purposes for which incidental take of the RCW. We will also The Refuge is located in the Northern a refuge was established. For the evaluate whether issuance of the section Line Islands, approximately 1,000 miles Palmyra Atoll Refuge, the eradication of 10(a)(1)(B) ITP complies with section 7 south of Honolulu, HI, in the Central introduced rats would aid in achieving of the Act by conducting an intra- Pacific Ocean. The Refuge was the following Refuge purposes. Service section 7 consultation. We will established in 2001 to protect, restore, • Perpetuate a functioning atoll use the results of this consultation, in and enhance migratory birds, coral ecosystem with natural diversity and combination with the above findings, in reefs, and threatened and endangered abundance of fauna and flora. our final analysis to determine whether species in their natural setting. Palmyra • Preserve, restore, and enhance all or not to issue the ITP. Atoll consists of approximately 54 terrestrial species of animals and plants small, heavily vegetated islets that are endangered or threatened with Authority surrounding 3 central lagoons. Habitats becoming endangered. We provide this notice under Section consist of 680 acres of land and 15,512 • Provide for conservation of 10 of the Act and NEPA regulations (40 acres of lagoons and shallow reefs. The migratory bird resources at the Refuge. CFR 1506.6). Refuge’s boundary extends seaward 12 We will prepare an EIS in accordance nautical miles, encompassing 515,232 with NEPA and its implementing Dated: January 7, 2010. acres. Palmyra’s terrestrial habitats regulations. Public input during the EIS David L. Hankla, support one of the largest remaining planning process is hereby solicited. Field Supervisor, Jacksonville Field Office. tropical coastal strand forests in the U.S. [FR Doc. 2010–577 Filed 1–13–10; 8:45 am] Pacific Islands. A diverse land crab Preliminary Issues, Concerns, and BILLING CODE 4310–55–P fauna including the coconut crab, Opportunities ecologically intact predator-dominated We have identified the following fish assemblages, and large seabird preliminary issues, concerns, and DEPARTMENT OF THE INTERIOR populations are important resources of opportunities we may consider during this Refuge. The Refuge is closed to development of the EIS. We may Fish and Wildlife Service commercial fishing. identify additional issues during the [FWS–R1–R–2009–N241; 12521–1261–0000– The original configuration of the atoll public comment period. We will N3] was significantly modified by the U.S. consider public comments during Navy during World War II. A network development of the EIS. Palmyra Atoll National Wildlife Refuge, of roadways connecting the major islets • What alternatives should be U.S. Pacific Island Territory and the construction of a north-south considered with regard to eradication of causeway altered natural water rats from Palmyra Refuge? AGENCY: Fish and Wildlife Service, circulation. Introduced rats are severely • How can we balance cost, efficacy, Interior. degrading the terrestrial ecosystem of risks to nontarget species, and other ACTION: Notice of intent to prepare an this important atoll by limiting the variables? environmental impact statement and reproduction, recruitment, and • What current or planned island announcement of public scoping. establishment of several native tree uses including natural resource species. Furthermore, the coconut palm, management activities, public visitation, SUMMARY: We, the U.S. Fish and an invasive tree, already dominates 45 Wildlife Service (Service), intend to and scientific research at the atoll percent of Palmyra’s forests. The spread prepare an environmental impact should we consider in the Draft EIS? of coconut palm is likely aided by rat- • What other island resources, statement to evaluate eradication of related recruitment and limitation of including historic and cultural artifacts, nonnative rats on Palmyra Atoll other tree species. Left unchecked, the specific biological resources, and National Wildlife Refuge (Refuge). We combined effects of rats and coconut physical attributes such as water quality provide this notice to advise the public palms could drastically alter forest and soils, should we consider in the and other agencies of our intent, and structure. Introduced rats on islands are Draft EIS? obtain public comments, suggestions, also known to prey heavily on seabirds, • To document the effects and and information on the scope of issues which is likely preventing six seabird effectiveness of our Refuge management to consider in the EIS. species from successfully nesting on the actions, what monitoring should the DATES: To ensure consideration, we atoll. The rats also prey on native land proposal include? must receive your written comments by crabs and directly compete with them We will evaluate a range of March 1, 2010. for limited food resources. All of these alternatives in the EIS, and their ADDRESSES: Additional information impacts in turn affect the relationship potential effects on the environment and about the Refuge is available on the between land and marine resources, and local communities. We estimate that the Internet at: http://www.fws.gov/ compromise the Service’s ability to draft EIS will be available for public palmyraatoll/. Send your comments or achieve Refuge purposes. review in October 2010. We will

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announce opportunities for public input Government on activities and plans that DEPARTMENT OF THE INTERIOR throughout the EIS planning process. may improve the effectiveness of U.S. Geological Survey Public Availability of Comments meeting the Nation’s water information needs. Member organizations help to Scientific Earthquake Studies Advisory Before including your address, phone foster communications between the Committee number, e-mail address, or other Federal and non-Federal sectors on personal identifying information in your sharing water information. AGENCY: U.S. Geological Survey. comment, you should be aware that your entire comment—including your Membership, limited to 35 ACTION: Notice of meeting. organizations, represents a wide range personal identifying information—may SUMMARY: of water resources interests and Pursuant to Public Law 106– be made publicly available at any time. 503, the Scientific Earthquake Studies functions. Representation on the ACWI While you can ask us in your comment Advisory Committee (SESAC) will hold includes all levels of government, to withhold your personal identifying its next meeting at the U.S. Geological academia, private industry, and information from public review, we Survey, John Wesley Powell National cannot guarantee that we will be able to professional and technical societies. For Center, Room 3B457, 12201 Sunrise do so. more information on the ACWI, its Valley Drive, Reston, Virginia 20192. Dated: December 1, 2009. membership, subgroups, meetings and The Committee is comprised of David J. Wesley, activities, please see the Web site at: members from academia, industry, and Acting Regional Director, Region 1, Portland, http://ACWI.gov. State government. The Committee shall Oregon. DATES: The formal meeting will convene advise the Director of the U.S. [FR Doc. 2010–579 Filed 1–13–10; 8:45 am] at 9 a.m. on February 10, 2010, and will Geological Survey (USGS) on matters BILLING CODE 4310–55–P adjourn at 4:30 p.m. on February 11, relating to the USGS’s participation in 2010. the National Earthquake Hazards Reduction Program. DEPARTMENT OF THE INTERIOR ADDRESSES: The meeting will be held in The Committee will receive updates the Reston, Virginia, area, within a few and provide guidance on Earthquake United States Geological Survey miles of Dulles International Airport. Hazards Program activities and the status of teams supported by the Notice of an Open Meeting of the Information on the exact location can be obtained from Ms. Wendy E. Norton, Program. Advisory Committee on Water Meetings of the Scientific Earthquake Information (ACWI) ACWI Executive Secretary, whose contact information is shown below. Studies Advisory Committee are open to AGENCY: United States Geological the public. Survey. FOR FURTHER INFORMATION CONTACT: Ms. DATES: January 26, 2010, commencing at Wendy E. Norton, ACWI Executive ACTION: Notice of an open meeting of the 8:30 a.m. and adjourning at 4 p.m. Advisory Committee on Water Secretary and Chief, Water Information Contact: Dr. David Applegate, U.S. Information (ACWI). Coordination Program, U.S. Geological Geological Survey, MS 905, 12201 Survey, 12201 Sunrise Valley Drive, MS Sunrise Valley Drive, Reston, Virginia SUMMARY: Notice is hereby given of a 417, Reston, VA 20192. Telephone: 703– 20192, (703) 648–6714. meeting of the ACWI. This meeting is to 648–6810; Fax: 703–648–5644; e-mail: [email protected]. discuss broad policy-related topics [email protected]. Dated: January 6, 2010. relating to national water initiatives, and the development and dissemination SUPPLEMENTARY INFORMATION: This Suzette Kimball, of water information, through reports meeting is open to the public. Up to a Associate Director for Geology, International, from ACWI subgroups. The agenda will half hour will be set aside for public and Climate Change Programs. include results of the Department of comment. Persons wishing to make a [FR Doc. 2010–574 Filed 1–13–10; 8:45 am] Agriculture’s Conservation Effects brief presentation (up to 5 minutes) are BILLING CODE 4311–AM–P Assessment Program for the Upper asked to provide a written request with Mississippi; an update by the a description of the general subject to Subcommittee on Ground Water Ms. Norton at the above address no later INTERNATIONAL TRADE regarding their National Framework for than February 3, 2010. It is requested COMMISSION Ground Water Monitoring; a briefing on that 65 copies of a written statement be [Investigation No. 337–TA–641] the Reservoir Sedimentation Database; submitted at the time of the meeting for status of the National Monitoring distribution to members of the ACWI In the Matter of Certain Variable Speed Network for U.S. Coastal Waters and and placement in the official file. Any Wind Turbines and Components their Tributaries; an update on Federal member of the public may submit Thereof; Termination of Investigation agency interactions with the regional written information and (or) comments With Final Determination of No water quality monitoring organizations to Ms. Norton for distribution at the Violation of the Integrated Ocean Observing ACWI meeting. Systems; and updates on recent AGENCY: U.S. International Trade activities of the Methods and Data Dated: January 5, 2010. Commission. Comparability Board. Katherine Lins, ACTION: Notice. The ACWI was established under the Chief, Office of Water Information. SUMMARY: authority of the Office of Management [FR Doc. 2010–573 Filed 1–13–10; 8:45 am] Notice is hereby given that and Budget Memorandum M–92–01 and the U.S. International Trade the Federal Advisory Committee Act. BILLING CODE 4311–AM–P Commission has determined to The purpose of the ACWI is to provide terminate the investigation with a final a forum for water information users and determination of no violation in the professionals to advise the Federal above-captioned investigation under

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section 337 of the Tariff Act of 1930, as patent. The ALJ found that there was no DEPARTMENT OF JUSTICE amended, 19 U.S.C. 1337 (‘‘section violation with respect to these claims by 337’’). MHIA. The ALJ also found that there Drug Enforcement Administration was no violation of section 337 by any FOR FURTHER INFORMATION CONTACT: Manufacturer of Controlled party with respect to claims 5, 7, and 8 James A. Worth, Office of the General Substances; Notice of Registration Counsel, U.S. International Trade of the ‘221 patent. Commission, 500 E Street, SW., On August 24, 2009, the Commission By Notice dated August 21, 2009, and Washington, DC 20436, telephone (202) received petitions and/or contingent published in the Federal Register on 205–3065. Copies of non-confidential petitions for review from: (1) MHI, September 8, 2009 (74 FR 46232), documents filed in connection with this MPSA, and MHIA; (2) GE; and (3) the Alltech Associates Inc., 2051 Waukegan investigation are or will be available for Commission investigative attorney. On Road, Deerfield, Illinois 60015, made inspection during official business September 1, 2009, each of the parties application by renewal to the Drug hours (8:45 a.m. to 5:15 p.m.) in the Enforcement Administration (DEA) to Office of the Secretary, U.S. filed responses thereto. On October 8, 2009, the Commission be registered as a bulk manufacturer of International Trade Commission, 500 E the basic classes of controlled Street, SW., Washington, DC 20436, issued notice of its determination to substances listed in schedules I and II: telephone (202) 205–2000. General review the final ID, except with respect information concerning the Commission to the issue of importation and the Drug Schedule may also be obtained by accessing its intent finding underlying the ALJ’s Internet server (http://www.usitc.gov). inequitable conduct determination. 72 Methcathinone (1237) ...... I The public record for this investigation FR 52975 (Oct. 15, 2009). The N-Ethylamphetamine (1475) ...... I may be viewed on the Commission’s Commission requested briefing on the N,N-Dimethylamphetamine (1480) I electronic docket (EDIS) at http:// issues on review, including certain 4-Methylaminorex (cis isomer) I edis.usitc.gov. Hearing-impaired (1590). specific questions, in addition to Alpha-ethyltryptamine (7249) ...... I persons are advised that information on remedy, the public interest, and this matter can be obtained by Lysergic acid diethylamide (7315) I bonding. 2,5-Dimethoxy-4-(n)- I contacting the Commission’s TDD On October 23, 2009, the Commission propylthiophenethylamine terminal on (202) 205–1810. (7348). issued notice of its determination to SUPPLEMENTARY INFORMATION: This Tetrahydrocannabinols (7370) ..... I investigation was instituted on March extend the deadline for public Mescaline (7381) ...... I 31, 2008, based upon a complaint filed submissions on remedy, the public 4-Bromo-2,5- I on behalf of General Electric Company interest, and bonding to November 2, dimethoxyamphetamine (7391). of Fairfield, Connecticut (‘‘GE’’) on 2009, and for all responses to all 4-Bromo-2,5- I February 7, 2008. 73 FR 16910. The remedy, the public interest, and dimethoxyphenethylamine bonding submissions to November 9, (7392). complaint alleged violations of section 4-Methyl-2,5- I 337 of the Tariff Act of 1930 (19 U.S.C. 2009. dimethoxyamphetamine (7395). 1337) in the importation into the United On October 22, 2009, Mitsubishi, GE, 2,5-Dimethoxyamphetamine I States, the sale for importation, and the the IA, and Iberdrola filed submissions (7396). sale within the United States after in response to the notice of review. On 2,5-Dimethoxy-4- I importation of certain variable speed October 30, 2009, Turner Bros., LLC ethylamphetamine (7399). wind turbines and components thereof 3,4-Methylenedioxyamphetamine I filed a submission on remedy. On (7400). that infringe claims 121–125 of U.S. November 2, 2009, Mitsubishi, GE, and Patent No. 5,083,039 (‘‘the ‘039 patent’’) N-Hydroxy-3,4- I the IA filed reply submissions on methylenedioxyamphetamine and claims 1–12, 15–18, and 21–28 of violation. On November 9, 2009, (7402). U.S. Patent No. 6,921,985 (‘‘the ‘985 Mitsubishi, GE, the IA, and Iberdrola 3,4-Methylenedioxy-N- I patent’’). The complaint named as filed reply submissions on remedy. ethylamphetamine (7404). respondents Mitsubishi Heavy 3,4- I Industries, Ltd. of Tokyo, Japan (‘‘MHI’’); Having reviewed the final ID, the Methylenedioxymethamphetam- Mitsubishi Power Systems, Inc. of Lake submissions on review, and the record, ine (MDMA) (7405). Mary, Florida (‘‘MPSA’’); and Mitsubishi the Commission has determined to 4-Methoxyamphetamine (7411) ... I Heavy Industries America, Inc. of New terminate the investigation with a final Alpha-methyltryptamine (7432) .... I York, New York (‘‘MHIA’’). On October determination of no violation. A Bufotenine (7433) ...... I 8, 2008, the Commission issued notice Diethyltryptamine (7434) ...... I Commission opinion will issue shortly. Dimethyltryptamine (7435) ...... I of its determination not to review an This action is taken under the Psilocybin (7437) ...... I ‘‘ ’’ initial determination ( ID ) (Order No. authority of section 337 of the Tariff Act Psilocyn (7438) ...... I 10) granting GE’s motion to amend its of 1930, as amended (19 U.S.C. 1337), 5-Methoxy-N,N- I complaint and the notice of diisopropyltryptamine (7439). and under sections 210.42–.51 of the investigation to add claims 1–19 of U.S. N-Ethyl-1-phenylcyclohexylamine I Patent No. 7,321,221 (‘‘the ‘221 patent’’) Commission’s Rules of Practice and (7455). to this investigation. Procedure (19 CFR 210.42–.51). 1-(1-Phenylcyclohexyl)pyrrolidine I On August 7, 2009, the ALJ issued a Issued: January 8, 2010. (7458). final ID finding a violation of section 1-Phenylcyclohexylamine (7460) I By order of the Commission. 1-[1-(2- I 337 in this investigation. The ALJ found Marilyn R. Abbott, Thienyl)cyclohexyl]piperidine that there was a violation in the sale for Secretary to the Commission. (7470). importation, importation, or sale after Normorphine (9313) ...... I importation by respondents MHI and [FR Doc. 2010–499 Filed 1–13–10; 8:45 am] Methamphetamine (1105) ...... II MPSA with respect to claim 121 of the BILLING CODE 7020–02–P Phencyclidine (7471) ...... II ‘039 patent and claim 15 of the ‘985 Phenylacetone (8501) ...... II

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Drug Schedule assess the impact of its information and Budget (OMB) for review and collection requirements and minimize clearance in connection with 1-Piperidinocyclohexane- II the reporting burden on the public and publication of the NFRM, and OMB carbonitrile (8603). the public understand the Department’s approved the information collections Cocaine (9041) ...... II information collection requirements and under OMB control number 1210–0053. Codeine (9050) ...... II Dihydrocodeine (9120) ...... II provide the requested data in the That approval is scheduled to expire on Dihydromorphine (9145) ...... II desired format. Currently, the Employee April 30, 2010. After considering Ecgonine (9180) ...... II Benefits Security Administration comments received in response to this Meperidine intermediate-B (9233) II (EBSA) is soliciting comments on a notice, the Department intends to Noroxymorphone (9668) ...... II proposed extension of the current submit an ICR to OMB to request approval of information collection continuing approval. The public is not The company plans to manufacture provisions incorporated in the required to respond to an information high purity drug standards used for regulation pertaining to employee collection unless it displays a valid analytical application only in clinical, benefit plan claims procedures under control number. No change to the toxicological, and forensic laboratories. the Employee Retirement Income existing ICR is being proposed or made No comments or objections have been Security Act of 1974 (ERISA). A copy of at this time. received. DEA has considered the the information collection request (ICR) II. Desired Focus of Comments factors in 21 U.S.C. 823(a) and may be obtained by contacting the office determined that the registration of listed in the ADDRESSES section of this The Department of Labor Alltech Associates to manufacture the notice. (Department) is particularly interested listed basic classes of controlled DATES: Written comments must be in comments that substances is consistent with the public submitted on or before March 15, 2010. • Evaluate whether the proposed interest at this time. DEA has ADDRESSES: Direct all written comments collection of information is necessary investigated Alltech Associates to to G. Christopher Cosby, Office of Policy for the proper performance of the ensure that the company’s registration is and Research, Employee Benefits functions of the agency, including consistent with the public interest. The Security Administration, U.S. whether the information will have investigation has included inspection Department of Labor, 200 Constitution practical utility; and testing of the company’s physical • Avenue, NW., Room N–5647, Evaluate the accuracy of the security systems, verification of the Washington, DC 20210. Telephone: agency’s estimate of the burden of the company’s compliance with state and (202) 693–8410; Fax: (202) 219–4745. proposed collection of information, local laws, and a review of the These are not toll-free numbers. including the validity of the company’s background and history. Comments may also be submitted methodology and assumptions used; Therefore, pursuant to 21 U.S.C. 823, • electronically to the following Internet Enhance the quality, utility, and and in accordance with 21 CFR 1301.33, e-mail address: [email protected]. clarity of the information to be the above named company is granted SUPPLEMENTARY INFORMATION: collected; and registration as a bulk manufacturer of • Minimize the burden of the the basic classes of controlled I. Background collection of information on those who substances listed. Section 503 of ERISA requires each are to respond, including through the Dated: January 6, 2010. employee benefit plan to provide, use of appropriate automated, Joseph T. Rannazzisi, pursuant to regulations promulgated by electronic, mechanical, or other Deputy Assistant Administrator, Office of the Secretary of Labor, notice in writing technological collection techniques or Diversion Control, Drug Enforcement to any participant or beneficiary whose other forms of information technology, Administration. claim for benefits under the plan has e.g., permitting electronic submissions [FR Doc. 2010–512 Filed 1–13–10; 8:45 am] been denied. The notice must set forth of responses. BILLING CODE 4410–09–P the specific reasons for the denial and III. Current Action must be written in a manner calculated to be understood by the claimant. Plans This notice requests comments on an DEPARTMENT OF LABOR must also give a participant or extension of OMB’s approval of the beneficiary whose claim has been information collections included in 29 Employee Benefits Security denied a reasonable opportunity to CFR 2560.503–1. The Department is not Administration obtain a full and fair review of any proposing or implementing changes to benefit claim denial by the appropriate the existing ICR at this time. A summary Proposed Extension of Information named fiduciary. of the ICR and the current burden Collection; Comment Request; The Department issued a regulation estimates follows: Employee Benefit Plan Claims pertaining to benefit claims procedures Agency: Employee Benefits Security Procedures Under ERISA in 1977 and amended that regulation in Administration, Department of Labor. AGENCY: Employee Benefits Security a Notice of Final Rulemaking (NFRM) Title: Employee Benefit Plan Claims Administration, Department of Labor. published on November 21, 2000 (65 FR Procedures under ERISA. Type of Review: Extension of a ACTION: Notice. 70246). The regulation pertaining to benefit claims procedures is codified at currently approved collection of SUMMARY: The Department of Labor (the 29 CFR 2560.503–1. The regulation information. Department), in accordance with the requires plans to establish reasonable OMB Number: 1210–0053. Paperwork Reduction Act of 1995 (PRA claims procedures that meet specified Affected Public: Business or other for- 95) (44 U.S.C. 3506(c)(2)(A)), provides standards governing the timing and profit; not-for-profit institutions. the general public and Federal agencies content of notices and disclosures. Respondents: 5,900,000. with an opportunity to comment on EBSA submitted an ICR for the Responses: 321,000,000. proposed and continuing collections of information collections in 29 CFR Estimated Total Burden Hours: information. This helps the Department 2560.503–1 to the Office of Management 529,000.

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Estimated Total Burden Cost TOWARD PEOPLE WITH II. Desired Focus of Comments (Operating and Maintenance): DISABILITIES. A copy of the proposed The Department is particularly $423,052,000. information collection request (ICR) can interested in comments which: Comments submitted in response to be obtained by contacting the office Evaluate whether the collection of this notice will be summarized and/or listed below in the ADDRESSES section of information is necessary for the proper included in the request for OMB this notice. performance of the functions of the approval of the ICR; they will also DATES: Written comments must be agency, including whether the become a matter of public record. submitted to the office shown in the information will have practical utility; Dated: January 11, 2010. ADDRESSES section below on or before March 15, 2010. Evaluate the accuracy of the agency’s Joseph S. Piacentini, ADDRESSES: Richard Horne, U.S. estimate of the burden of the collection Director, Office of Policy and Research, of information, including the validity of Employee Benefits Security Administration. Department of Labor, Office of Disability Employment Policy, 200 Constitution the methodology and assumptions used; [FR Doc. 2010–588 Filed 1–13–10; 8:45 am] Avenue, NW., Suite S–1303, Enhance the quality, utility, and BILLING CODE 4510–29–P Washington, DC 20210. Telephone: clarity of the information to be (202) 693–7880. This is not a toll-free collected; and Minimize the burden of the collection DEPARTMENT OF LABOR number. E-mail: [email protected]. FOR FURTHER INFORMATION CONTACT: of information on those who are to Office of Disability Employment Policy Richard Horne, telephone: (202) 693– respond, including through the use of 7880, e-mail: [email protected]. appropriate automated, electronic, Agency Information Collection SUPPLEMENTARY INFORMATION: mechanical, or other technological Activities; Proposed Collection; collection techniques or other forms of Comment Request I. Background information technology, e.g., permitting This survey project is a central part of electronic submissions of responses. ACTION: Notice of proposed data the Task Order DOLU8942143, entitled III. Current Action collection. 2009 National Survey of Public Attitudes toward People with This proposed collection ICR covers: SUMMARY: The U.S. Department of Disabilities. This Task Order is being The Survey of Public Attitudes Toward Labor, as part of its continuing effort to administered by the Office of Disability People With Disabilities (PWD). The reduce paperwork and respondent Employment Policy (ODEP), a federal survey will build on the findings of burden, conducts a pre-clearance agency in the U.S. Department of Labor previous surveys, with an emphasis on consultation process to provide the (DOL) and the lead agency in DOL’s current attitudes and behaviors of general public and Federal agencies implementation of the employment- people toward PWD. The survey will be with an opportunity to comment on related goals of the President. ODEP’s conducted by telephone utilizing proposed and/or continuing collections vision is to provide national leadership computer assisted telephone of information in accordance with the to increase employment opportunities interviewing (CATI). The survey will Paperwork Reduction Act of 1995 for adults and youth with disabilities also solicit free-text comments from (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This while striving to eliminate barriers to respondents regarding their attitudes process helps ensure that requested data their employment. Social Dynamics LLC toward PWD in the workplace. can be provided in the desired format, is contracted to design and implement Agency: Office of Disability reporting burdens are minimized, the 2009 National Survey of Public Employment Policy. collection instruments are clearly Attitudes toward People with Titles: Survey of Public Attitudes understood, and the impact of collection Disabilities. Toward People with Disabilities. requirements on respondents can be This data collection is authorized OMB Number: Pending. properly assessed. Currently the Office pursuant to Public Law 106–554 which of Disability Employment Policy (ODEP) direct the Office of Disability Policy to Frequency: One time. is soliciting comments concerning a provide initiatives to ‘‘further the Type of Response: Reporting. proposed data collection for the objective of eliminating employment Affected Public: People between 18 following survey: 2009 NATIONAL barriers to the training and employment and 64 years of age. SURVEY OF PUBLIC ATTITUDES of people with disabilities.’’ Number of Respondents: 1,600.

EXHIBIT A–1—ESTIMATED HOUR AND ANNUAL COST RESPONSE BURDEN

Responses Data collection activity Number of per Hours per response Annual burden Annual burden respondents respondent hours (cost)

Pilot ...... 9 1 15 min...... 2.25 $41.31 National survey ...... 1,600 1 15 min ...... 400 7,344 Non-participants contacted ...... 2,847 1 5 min ...... 237.25 4,356

Total ...... 54,270

Total Burden Cost (capital/startup): Description: Changes instituted with their right to special accommodations in $0. the Americans with Disabilities Act of the workplace. Still, data continue to Total Burden Cost (operating/ 1990 have made workplace show low levels of employment and pay maintaining): $0. discrimination against people with of people with disabilities when disabilities illegal, while guaranteeing compared to people without disabilities.

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This is true even as previous survey NATIONAL FOUNDATION ON THE are open to the public, and if time research studies on public attitudes ARTS AND THE HUMANITIES allows, may be permitted to participate report high rates of acceptance and in the panel’s discussions at the positive ratings of satisfaction regarding National Endowment for the Arts; Arts discretion of the panel chairman. If you workers with disabilities, though quasi- Advisory Panel need special accommodations due to a experimental and qualitative research Pursuant to Section 10(a)(2) of the disability, please contact the Office of contradict these findings. The Federal Advisory Committee Act (Pub. AccessAbility, National Endowment for connection between the general public’s L. 92–463), as amended, notice is hereby the Arts, 1100 Pennsylvania Avenue, attitudes toward people with disabilities given that eight meetings of the Arts NW., Washington, DC 20506, 202/682– and their employment prospects as well Advisory Panel to the National Council 5532, TDY–TDD 202/682–5496, at least as the impact of direct work contact on the Arts will be held at the Nancy seven (7) days prior to the meeting. with people with disabilities has not Hanks Center, 1100 Pennsylvania Further information with reference to these meetings can be obtained from Ms. been explored with a large sample Avenue, NW., Washington, DC, 20506 Kathy Plowitz-Worden, Office of representative of the general population. as follows (ending times are Guidelines & Panel Operations, National More importantly, previous research on approximate): American Masterpieces/Chamber Endowment for the Arts, Washington, public attitudes toward people with DC 20506, or call 202/682–5691. disabilities (Harris Polls, 2003, 1998; Music (application review): January 20– 21, 2010 in Room 714. This meeting, Kaiser Family Foundation, 2004; Dated: January 11, 2010. from 9 a.m. to 6 p.m. on January 20th Kathy Plowitz-Worden, Siperstein et al., 2005) has used one or and from 9 a.m. to 5:30 p.m. on January two-dimensional models of attitudinal Panel Coordinator, Panel Operations, 21st, will be closed. National Endowment for the Arts. measurement. This is a significant American Masterpieces/Chamber [FR Doc. 2010–555 Filed 1–13–10; 8:45 am] disadvantage to the development of Music (application review): January 22, knowledge in this area, especially with 2010 in Room 714. This meeting, from BILLING CODE 7537–01–P regard to the behavioral component of 9 a.m. to 5:15 p.m., will be closed. attitudes, which is not included in Music/NEA Jazz Masters (review of previous studies. Without a better nominations): January 27, 2010, by NUCLEAR REGULATORY understanding of the causal factors that teleconference. This meeting, from 1 COMMISSION compel an individual to act out her/his p.m. to 2 p.m. Eastern Standard Time, [Docket No. 72–8; NRC–2010–0011] thoughts and emotions, the value of will be closed. research on public attitudes toward Music/NEA Jazz Masters (review of Constellation Energy; Notice of people with disabilities is significantly nominations): January 27, 2010, by Docketing of Special Nuclear Material diminished. teleconference. This meeting, from 3 License SNM–2505 Amendment p.m. to 4 p.m. Eastern Standard Time, Application for the Calvert Cliffs ODEP strongly believes that the will be closed. Independent Spent Fuel Storage research on public attitudes toward Opera/NEA Opera Honors (review of Installation people with disabilities needs a strategic nominations): February 2, 2010, by and scientifically based approach that teleconference. This meeting, from 1 AGENCY: Nuclear Regulatory rigorously collects and aggregates data p.m. to 1:45 p.m., will be closed. Commission. from a larger sample of the American Opera/NEA Opera Honors (review of ACTION: Notice of license amendment public, a more comprehensive approach nominations): February 2, 2010, by application. to attitude measurement, and a teleconference. This meeting, from 2:30 multivariate predictive analytical p.m. to 3:15 p.m., will be closed. DATES: A request for hearing and/or approach to the analysis of findings. American Masterpieces/Dance petition for leave to intervene must be (application review): February 3–5, 2010 Therefore, the proposed 2009 survey is filed by March 15, 2010. in Room 716. This meeting, from 9 a.m. designed to meet those needs, as FOR FURTHER INFORMATION CONTACT: John to 6 p.m. on February 3rd and 4th, and Goshen, Project Manager, Licensing follows: The survey will draw a sample from 9 a.m. to 3:30 p.m. on February n = 1,600, which is roughly double the Branch, Division of Spent Fuel Storage 5th, will be closed. and Transportation, Office of Nuclear size of the sample of the 2005 National International (application review): Material Safety and Safeguards, U.S. Survey of Consumer Attitudes; It will February 17, 2010, by teleconference. Nuclear Regulatory Commission, use a multidimensional validated scale This meeting, from 2 p.m. to 4:10 p.m., Washington, DC 20555–0001. of attitudes toward disabled people that will be closed. has been tested in a multitude of The closed portions of meetings are Telephone: (301) 492–3325; Fax published works since the mid-1990s; It for the purpose of Panel review, number: (301) 492–3348; E-mail: [email protected]. will apply analytical methods that discussion, evaluation, and develop causal and associative recommendations on financial SUPPLEMENTARY INFORMATION: assistance under the National explanations for both attitude change I. Introduction and development and the behavior of Foundation on the Arts and the individuals. Humanities Act of 1965, as amended, The U.S. Nuclear Regulatory including information given in Commission (NRC or Commission) is Signed at Washington, DC this January 11, confidence to the agency. In accordance considering an application dated June 2010. with the determination of the Chairman 15, 2009, from Constellation Energy Kathy Martinez, of November 10, 2009, these sessions (Constellation) to amend its Special Assistant Secretary. will be closed to the public pursuant to Nuclear Material License No. SNM– [FR Doc. 2010–595 Filed 1–13–10; 8:45 am] subsection (c)(6) of section 552b of Title 2505, under the provisions of 10 CFR BILLING CODE 4510–FK–P 5, United States Code. Part 72, for the receipt, possession, Any person may observe meetings, or storage, and transfer of spent fuel, portions thereof, of advisory panels that reactor-related Greater than Class C

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(GTCC) waste and other radioactive review letter dated July 21, 2009 restructuring of Entergy Corporation and materials associated with spent fuel (ML092020003). If you do not have the creation of Enexus Energy storage at the Calvert Cliffs Independent access to ADAMS or if there are Corporation as consented to by the NRC Spent Fuel Storage Installation (ISFSI), problems in accessing the documents Order dated July 28, 2008. located at the Calvert Cliffs Nuclear located in ADAMS, contact the NRC Environmental Impacts of the Proposed Power Plant site in Calvert County, Public Document Room (PDR) Reference Action Maryland. If granted, the revised license staff at 1–800–397–4209, 301–415–4737 will authorize the applicant to allow or by e-mail to [email protected]. The NRC has completed its safety fuel with a higher burnup to be stored These documents may also be viewed evaluation of the proposed action and at the Calvert Cliffs ISFSI. This electronically on the public computers concludes that: (1) There is a reasonable application was docketed under 10 CFR located at the NRC’s PDR, O1 F21, One assurance that the health and safety of Part 72; the ISFSI Docket No. is 72–8 White Flint North, 11555 Rockville the public will not be endangered by and will remain the same for this action. Pike, Rockville, MD 20852. The PDR operation in the proposed manner, (2) An NRC review, documented in a reproduction contractor will copy such activities will be conducted in letter to Constellation dated July 21, documents for a fee. compliance with the Commission’s 2009, found that the application Dated at Rockville, Maryland, this 6th day regulations, and (3) the issuance of the contains sufficient information for the of January 2010. amendment will not be inimical to the NRC staff to begin its technical review. For the Nuclear Regulatory Commission. common defense and security or to the The Commission will approve the John Goshen, health and safety of the public. license amendment if it determines that The details of the staff’s safety the application meets the standards and Project Manager, Licensing Branch, Division of Spent Fuel Storage and Transportation, evaluation will be provided in the requirements of the Atomic Energy Act license amendment that will be issued of 1954, as amended (the Act) and the Office of Nuclear Material Safety and Safeguard. as part of the letter to the licensee Commission’s regulations, including the approving the license amendment. findings required by 10 CFR 72.40. [FR Doc. 2010–567 Filed 1–13–10; 8:45 am] BILLING CODE 7590–01–P The proposed action will not These findings will be documented in a significantly increase the probability or Safety Evaluation Report. The NRC has consequences of accidents. No changes completed an environmental evaluation, NUCLEAR REGULATORY are being made in the types of effluents in accordance with 10 CFR Part 51, and COMMISSION that may be released off site. There is no determined that preparation of an significant increase in the amount of environmental impact statement is not [Docket No. 50–293; NRC–2010–0010] any effluent released off site. There is no warranted because there are no significant increase in occupational or radiological environmental impacts due Entergy Nuclear Operations, Inc.; public radiation exposure. Therefore, to granting the approval of the Pilgrim Nuclear Power Station; there are no significant radiological amendment. Environmental Assessment and Finding of No Significant Impact environmental impacts associated with II. Opportunity To Request a Hearing the proposed action. The Commission may issue either a The U.S. Nuclear Regulatory With regard to potential non- notice of hearing or a notice of proposed Commission (NRC) is considering radiological impacts, the proposed action and opportunity for hearing in issuance of an amendment to Title 10 of action does not have a potential to affect accordance with 10 CFR 72.46(b)(1) or, the Code of Federal Regulations (10 any historic sites. It does not affect non- if a determination is made that the CFR) Part 50, Section 50.92, for Facility radiological plant effluents and has no amendment does not present a genuine Operating License No. DPR–35, issued other environmental impact. Therefore, issue as to whether public health and to Entergy Nuclear Operations, Inc. there are no significant non-radiological safety will be significantly affected, take (Entergy or the licensee), for operation environmental impacts associated with immediate action on the amendment in of Pilgrim Nuclear Power Station the proposed action. accordance with 10 CFR 72.46(b)(2), and (Pilgrim), located in Plymouth County, Accordingly, the NRC concludes that provide notice of the action taken and MA. Therefore, as required by 10 CFR there are no significant environmental an opportunity for interested persons to 51.21, the NRC is issuing this impacts associated with the proposed request a hearing on whether the action environmental assessment and finding action. of no significant impact. should be rescinded or modified. Environmental Impacts of the III. Further Information Environmental Assessment Alternatives to the Proposed Action Documents related to this action, Identification of the Proposed Action As an alternative to the proposed including the application for The proposed action would revise the action, the NRC staff considered denial amendment and supporting names on the plant license to match the of the proposed action (i.e., the ‘‘no- documentation, are available names of the new companies. Entergy action’’ alternative). Denial of the electronically at the NRC’s Electronic Nuclear Generation Company would be application would result in no change Reading Room at http://www.nrc.gov/ changed to Enexus Nuclear Pilgrim, in current environmental impacts. The reading-rm/adams.html. From this site, LLC. Entergy Nuclear Operations, Inc. environmental impacts of the proposed you can access the NRC’s Agencywide would be changed to EquaGen Nuclear action and the alternative action are Document Access and Management LLC. similar. System (ADAMS), which provides text The proposed action is in accordance Alternative Use of Resources and image files of NRC’s public with the licensee’s application dated documents. The ADAMS accession September 30, 2008. The action does not involve the use of numbers for the documents related to any different resources than those this notice are: License Amendment The Need for the Proposed Action previously considered in the Final Request dated June 15, 2009 The proposed action for changing the Environmental Statement for Pilgrim, (ML091680541) and the acceptance name of the licensee results from dated January 1972.

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Agencies and Persons Consulted U.S. Postal Service Headquarters, 475 Percent In accordance with its stated policy, L’Enfant Plaza, SW., and change start on December 15, 2009, the NRC staff time to January 12 at 10 a.m. Businesses With Credit Avail- able Elsewhere ...... 6.000 consulted with the Massachusetts State FOR MORE INFORMATION CONTACT: Julie S. Moore, Secretary of the Board, U.S. Businesses Without Credit official of the Massachusetts Emergency Available Elsewhere ...... 4.000 Management Agency regarding the Postal Service, 475 L’Enfant Plaza, SW., Non-Profit Organizations With environmental impact of the proposed Washington, DC 20260–1000. Credit Available Elsewhere ... 3.625 action. The State official had no Telephone (202) 268–4800. Non-Profit Organizations With- out Credit Available Else- comments. Julie S. Moore, where ...... 3.000 Finding of No Significant Impact Secretary. For Economic Injury On the basis of the environmental [FR Doc. 2010–736 Filed 1–12–10; 4:15 pm] Businesses & Small Agricultural assessment, the NRC concludes that the BILLING CODE 7710–12–M Cooperatives without Credit Available Elsewhere ...... 4.000 proposed action will not have a Non-Profit Organizations with- significant effect on the quality of the out Credit Available Else- human environment. Accordingly, the SMALL BUSINESS ADMINISTRATION where ...... 3.000 NRC has determined not to prepare an [Disaster Declaration #12002 and #12003] environmental impact statement for the The number assigned to this disaster proposed action. Pennsylvania Disaster #PA–00030 for physical damage is 12002 5 and for For further details with respect to the economic injury is 12003 0. proposed action, see the licensee’s letter AGENCY: U.S. Small Business Administration. The Commonwealth which received dated September 30, 2008, Agencywide an EIDL Declaration # is Pennsylvania. Documents Access and Management ACTION: Notice. (Catalog of Federal Domestic Assistance System (ADAMS) accession number SUMMARY: This is a notice of an Numbers 59002 and 59008) ML082830135. Documents may be Administrative declaration of a disaster examined, and/or copied for a fee, at the Dated: January 7, 2010. for the Commonwealth of Pennsylvania Karen G. Mills, NRC’s Public Document Room (PDR), dated 01/07/2010. located at One White Flint North, Public Incident: Bellefonte Borough Administrator. File Area O1 F21, 11555 Rockville Pike Apartment Complex Fire. [FR Doc. 2010–571 Filed 1–13–10; 8:45 am] (first floor), Rockville, Maryland. Incident Period: 12/22/2009. BILLING CODE 8025–01–P Publicly available records will be Effective Date: 01/07/2010. accessible electronically from the Physical Loan Application Deadline ADAMS Public Electronic Reading Date: 03/08/2010. SMALL BUSINESS ADMINISTRATION Room on the Internet at the NRC Web Economic Injury (EIDL) Loan [Disaster Declaration Nos. 12004 and 12005; site, http://www.nrc.gov/reading-rm/ Application Deadline Date: 10/07/2010. Puerto Rico Disaster No. PR–00007] adams.html. Persons who do not have ADDRESSES: Submit completed loan access to ADAMS or who encounter applications to: U.S. Small Business Puerto Rico Disaster No. PR–00007 problems in accessing the documents Administration, Processing and located in ADAMS should contact the AGENCY: U.S. Small Business Disbursement Center, 14925 Kingsport Administration. NRC PDR Reference staff by telephone Road, Fort Worth, TX 76155. ACTION: Notice. at 1–800–397–4209 or 301–415–4737, or FOR FURTHER INFORMATION CONTACT: A. send an e-mail to [email protected]. Escobar, Office of Disaster Assistance, SUMMARY: This is a notice of an Dated at Rockville, Maryland, this 7th day U.S. Small Business Administration, Administrative declaration of a disaster of January 2010. 409 3rd Street SW., Suite 6050, for the Commonwealth of Puerto Rico For the Nuclear Regulatory Commission. Washington, DC 20416. dated 01/07/2010. James Kim, SUPPLEMENTARY INFORMATION: Notice is Incident: Severe Storms and Flooding. Project Manager, Plant Licensing Branch 1– hereby given that as a result of the Incident Period: 12/24/2009 through 1, Division of Operating Reactor Licensing, Administrator’s disaster declaration, 12/25/2009. Office of Nuclear Reactor Regulation. applications for disaster loans may be Effective Date: 01/07/2010. [FR Doc. 2010–566 Filed 1–13–10; 8:45 am] filed at the address listed above or other Physical Loan Application Deadline BILLING CODE 7590–01–P locally announced locations. Date: 03/08/2010. The following areas have been Economic Injury (EIDL) Loan determined to be adversely affected by Application Deadline Date: 10/07/2010. POSTAL SERVICE the disaster: ADDRESSES: Submit completed loan Primary Counties: Centre. applications to: U.S. Small Business Board of Governors; Sunshine Act Contiguous Counties: Administration, Processing and Meeting Pennsylvania: Blair, Clearfield, Disbursement Center, 14925 Kingsport Clinton, Huntingdon, Mifflin, Road, Fort Worth, TX 76155. Notification of Change in Location and Union. Start Time FOR FURTHER INFORMATION CONTACT: A. The Interest Rates are: Escobar, Office of Disaster Assistance, PREVIOUS ANNOUNCEMENT: 75 FR 1088, U.S. Small Business Administration, January 8, 2010. Percent 409 3rd Street, SW., Suite 6050, PREVIOUSLY ANNOUNCED DATE OF Washington, DC 20416. MEETING: January 11 and 12, 2010. For Physical Damage Homeowners With Credit Avail- SUPPLEMENTARY INFORMATION: Notice is STATUS: Closed. able Elsewhere ...... 5.125 hereby given that as a result of the CHANGE IN MEETING LOCATION AND TIME: Homeowners Without Credit Administrator’s disaster declaration, Change location to Washington, DC, at Available Elsewhere ...... 2.562 applications for disaster loans may be

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filed at the address listed above or other (h), (17 CFR 240.17Ad–2(c), (d), and SECURITIES AND EXCHANGE locally announced locations. (h)), under the Securities Exchange Act COMMISSION The following areas have been of 1934 (15 U.S.C. 78a et seq.). The determined to be adversely affected by Commission plans to submit this Sunshine Act Meeting; Notice the disaster: existing collection of information to the Federal Register Citation of Previous Primary Municipality: Aibonito. Office of Management and Budget for Announcement: 75 FR 1425, January 11, Contiguous Municipalities: extension and approval. 2010. Puerto Rico: Barranquitas, Cayey, Rule 17Ad–2(e),(d), and (h) Cidra, Coamo, Salinas. enumerates the requirements with STATUS: Closed Meeting. The Interest Rates are: which transfer agents must comply to PLACE: 100 F Street, NE., Washington, inform the Commission or the DC. Percent appropriate regulator of a transfer DATE AND TIME OF PREVIOUSLY ANNOUNCED agent’s failure to meet the minimum MEETING: Thursday, January 14, 2010 at For Physical Damage performance standards set by the 2 p.m. Homeowners with Credit Avail- Commission rule by filing a notice. CHANGE IN THE MEETING: Additional Item. able Elsewhere ...... 5.125 While it is estimated there are 740 The following item has been added to Homeowners without Credit transfer agents, approximately five the Thursday, January 14, 2010 Closed Available Elsewhere ...... 2.562 Businesses with Credit Avail- notices pursuant to Rule 17Ad–2(c), (d), Meeting agenda: Post argument able Elsewhere ...... 6.000 and (h) are filed annually. In view of (a) discussion. Businesses without Credit The readily available nature of most of Commissioner Walter, as duty officer, Available Elsewhere ...... 4.000 the information required to be included determined that Commission business Non-Profit Organizations with in the notice (since that information required the above change. Credit Available Elsewhere ... 3.625 must be compiled and retained pursuant At times, changes in Commission Non-Profit Organizations with- to other Commission rules); (b) the priorities require alterations in the out Credit Available Else- summary fashion in which such scheduling of meeting items. For further where ...... 3.000 information must be presented in the information and to ascertain what, if For Economic Injury notice (most notices are one page or less any, matters have been added, deleted Businesses & Small Agricultural or postponed, please contact the Office Cooperatives Without Credit in length); and (c) the experience of the Available Elsewhere ...... 4.000 staff regarding the notices, the of the Secretary at (202) 551–5400. Non-Profit Organizations with- Commission staff estimates that, on the Dated: January 11, 2010. out Credit Available Else- average, most notices require Florence E. Harmon, where ...... 3.000 approximately one-half hour to prepare. Deputy Secretary. The Commission staff estimates that The number assigned to this disaster [FR Doc. 2010–649 Filed 1–12–10; 11:15 am] transfer agents spend an average of two BILLING CODE 8011–01–P for physical damage is 12004 6 and for and a half hours per year complying economic injury is 12005 0. with the rule. The Commonwealth which received Written comments are invited on: (a) SECURITIES AND EXCHANGE an EIDL Declaration # is Puerto Rico. Whether the proposed collection of COMMISSION (Catalog of Federal Domestic Assistance information is necessary for the proper Numbers 59002 and 59008) performance of the functions of the [Release No. 34–61295; File No. SR–CBOE– 2009–098] Dated: January 7, 2010. Commission, including whether the Karen G. Mills, information shall have practical utility; Self-Regulatory Organizations; (b) the accuracy of the Commission’s Administrator. Chicago Board Options Exchange, estimates of the burden of the proposed Incorporated; Notice of Filing and [FR Doc. 2010–572 Filed 1–13–10; 8:45 am] collection of information; (c) ways to BILLING CODE 8025–01–P Immediate Effectiveness of Proposed enhance the quality, utility, and clarity Rule Change Relating to Exchange of the information on respondents; and Fees for Fiscal Year 2010 (d) ways to minimize the burden of the SECURITIES AND EXCHANGE collection of information on January 6, 2010. COMMISSION respondents, including through the use Pursuant to Section 19(b)(1) of the of automated collection techniques or Proposed Collection; Comment Securities Exchange Act of 1934 other forms of information technology. ‘‘ ’’ 1 2 Request ( Act ) and Rule 19b–4 thereunder, Consideration will be given to notice is hereby given that on December Upon Written Request, Copies Available comments and suggestions submitted in 30, 2009, the Chicago Board Options From: Securities and Exchange writing within 60 days of this Exchange, Incorporated (‘‘Exchange’’ or Commission, Office of Investor publication. ‘‘CBOE’’) filed with the Securities and Education and Advocacy, Please direct your written comments Exchange Commission (‘‘Commission’’) Washington, DC 20549–0213. to: Charles Boucher, Director/Chief the proposed rule change as described Information Officer, Securities and Extension: in Items I, II and III below, which Items Rule 17Ad–2(c), (d), and (h); SEC File No. Exchange Commission, c/o Shirley have been prepared by CBOE. The 270–149; OMB Control No. 3235–0130. Martinson, 6432 General Green Way, Exchange has designated this proposal Alexandria, Virginia 22312 or send an as one establishing or changing a due, Notice is hereby given that pursuant e-mail to: [email protected]. fee, or other charge imposed by the to the Paperwork Reduction Act of 1995 Dated: January 6, 2010. Exchange under Section 19(b)(3)(A)(ii) (44 U.S.C. 3501 et seq.), the Securities of the Act 3 and Rule 19b–4(f)(2) and Exchange Commission Florence E. Harmon, Deputy Secretary. (‘‘Commission’’) is soliciting comments 1 15 U.S.C. 78s(b)(1). on the existing collection of information [FR Doc. 2010–546 Filed 1–13–10; 8:45 am] 2 17 CFR 240.19b–4. provided for in Rule 17Ad–2(c), (d), and BILLING CODE 8011–01–P 3 15 U.S.C. 78s(b)(3)(A)(ii).

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thereunder,4 which renders the proposal Exchange proposes to increase the customer 7 transactions in OEX, XEO, effective upon filing with the customer (‘‘C’’ origin code) transaction SPX and volatility index options. The Commission. The Commission is fee in S&P 100 options (OEX and XEO) Exchange proposes to increase the publishing this notice to solicit from $.30 per contract to $.40 per surcharge fee for OEX, XEO and SPX comments on the proposed rule change contract, which is the same rate charged options to $.10 per contract and for from interested persons. to customers for certain other CBOE volatility index options to $.08 per I. Self-Regulatory Organization’s proprietary index options (Dow Jones contract. The surcharge fee is assessed Statement of the Terms of Substance of Industrial Average (DXL) and volatility to help the Exchange recoup license fees the Proposed Rule Change index options). The Exchange proposes the Exchange pays to index licensors for to reduce the customer transaction fee the right to list these products for CBOE proposes to amend its Fees for Morgan Stanley Retail Index (MVR) trading and is similar to surcharge fees Schedule to make various changes for options from $.40 per contract to $.18 charged by other exchanges. Fiscal Year 2010. The text of the per contract. Floor Brokerage Fees: The Exchange proposed rule change is available on the currently charges floor brokers Exchange’s Web site (http:// The Exchange proposes to increase executing orders in OEX, SPX and DXL www.cboe.org/legal), on the the voluntary professional (‘‘W’’ origin options $.04 per contract and $.02 per Commission’s Web site (http:// code) transaction fee in OEX options contract for crossed orders. The www.sec.gov), at the Exchange’s from $.20 per contract to $.40 per Exchange proposes to charge floor principal office, and at the contract and in XEO options from $.30 5 brokers executing orders in volatility Commission’s Public Reference Room. per contract to $.40 per contract. The Exchange proposes to increase the index options $.02 per contract and $.01 II. Self-Regulatory Organization’s broker-dealer 6 transaction fee in OEX per contract for crossed orders. Statement of the Purpose of, and and XEO options from $.30 per contract Cabinet Trade Transaction Fees: The Statutory Basis for, the Proposed Rule to $.40 per contract. Currently, broker- Exchange has traditionally not assessed Change dealer transaction fees for volatility transaction fees for accommodation In its filing with the Commission, index options are $.25 per contract for liquidations (‘‘cabinet trades’’).8 Cabinet CBOE included statements concerning manual executions and $.45 per contract trades refer to trades in listed options the purpose of and basis for the for electronic executions. The Exchange that are worthless or not actively traded. proposed rule change and discussed any proposes to charge $.40 per contract for Due to the expansion of option classes comments it received on the proposed manual and electronic broker-dealer participating in the Penny Pilot rule change. The text of those executions in volatility index options. Program, the Exchange has found it statements may be examined at the Broker-dealer transaction fees are increasingly difficult to distinguish places specified in Item IV below. CBOE currently $.25 per contract for MVR cabinet trades from trades in Penny has prepared summaries, set forth in options. The Exchange proposes to Pilot options classes for purposes of this sections A, B, and C below, of the most increase the broker-dealer transaction fee waiver program. Therefore, the significant parts of such statements. fee for electronic executions in MVR Exchange proposes to eliminate the fee waiver and begin assessing transaction A. Self-Regulatory Organization’s options to $.45 per contract. Statement of the Purpose of, and ETF Options Transaction Fees: The fees for cabinet trades effective January Statutory Basis for, the Proposed Rule Exchange proposes to amend broker- 4, 2010. Change dealer transaction fees for certain ETF Strategy Fee Cap: The Exchange options to create consistent fees for currently caps market-maker, firm, and 1. Purpose similar products and to simplify the fee broker-dealer transaction fees associated The purpose of this proposed rule structure for ETF options. Currently, the with dividend, merger and short stock change is to amend the CBOE Fees broker-dealer transaction fee in QQQQ interest strategies, as described in Schedule to make various fee changes. (PowerShares QQQ Trust) options and Footnote 13 of the CBOE Fees The proposed changes are the product IWM (iShares Russell 2000 Index Fund) Schedule.9 Transaction fees are capped of the Exchange’s annual budget review. options is $.25 per contract. The at $1,000 for all such strategies executed The fee changes were approved by the Exchange proposes to increase the on the same trading day in the same Exchange’s Board of Directors pursuant broker-dealer transaction fee for options class, and are further capped at to CBOE Rule 2.22 and will take effect electronic executions in QQQQ and $50,000 per month per initiating on January 4, 2010. The Exchange IWM options to $.45 per contract. member or firm. The Exchange proposes proposes to amend certain fees, to reduce the per month per initiating Surcharge Fees: The Exchange eliminate several fees to simplify the member or firm cap from $50,000 to currently charges a $.06 per contract Fees Schedule, and clarify the Fees $25,000. The proposed fee cap surcharge fee on all non-public Schedule in several respects. The reduction would enable the Exchange to Exchange also seeks to establish fees for remain competitive for these types of transactions in S&P 500 Dividend Index 5 The Commission notes that on December 24, 2009, CBOE filed a proposed rule change relating (DVS) options. to fees for professional orders that also would 7 The Surcharge Fee applies to all non-public A. The Exchange proposes to amend become operative on January 4, 2010. See SR– customer transactions (i.e. CBOE and non-member the following fees: CBOE–2009–101. market-maker, member firm and broker-dealer), Index Options Transaction Fees: The 6 Broker-Dealer transaction fees apply to broker- including voluntary professionals and linkage Exchange proposes to amend customer, dealer orders (orders with ‘‘B’’ origin code), non- orders except for satisfaction orders. See CBOE Fees member market-maker orders (orders with ‘‘N’’ Schedule, Section 1 (Index Options) and Footnote voluntary professional and broker- origin code) and orders from specialists in the 14. The Commission notes that on December 24, dealer transaction fees for certain index underlying security (orders with ‘‘Y’’ origin code). 2009, CBOE filed a proposed rule change relating options to create consistent fees for See CBOE Fees Schedule, Footnote 16. Broker- to fees for professional orders that also would similar products and to simplify the fee dealer transaction fees also apply to certain orders become operative on January 4, 2010. See SR– with ‘‘F’’ origin code, specifically, orders from OCC CBOE–2009–101. structure for index options. The members that are not CBOE members. The 8 See CBOE Fees Schedule, Footnote 7. Exchange proposes to clarify Footnote 16 in this 9 The Strategy Fee Cap is in effect as a pilot 4 17 CFR 240.19b–4(f)(2). regard. program that is due to expire on March 1, 2010.

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strategies and is similar to strategy fee (Index Options) of the Fees Schedule on brokerage fees in three respects. First, caps at other options exchanges. trades in licensed products when a firm the Exchange proposes to delete the Customer Large Trade Discount reaches the fifth tier of the sliding scale. sentence regarding assessment of the fee Program: Customer (‘‘C’’ origin code) Miscellaneous Fees: The following to Designated Primary Market-Makers transaction fees are capped for large fees are proposed to be eliminated as (‘‘DPMs’’) because DPMs no longer have trades in index, ETF and HOLDRs they are outdated and/or the Exchange an agency function. Second, the options.10 Currently, the Exchange has determined no longer to charge Exchange proposes to clarify that if a charges only the first 7,500 contracts of them: Installation, Relocation and market-maker executes an order for an a customer order in volatility index Removal fees for single line phones account in which the market-maker is options. The Exchange proposes to under Section 8(F)(2) of the Fees not a registered participant as reflected charge only the first 5,000 contracts of Schedule; Installation, Relocation and in the Exchange’s Membership a customer order in volatility index Removal fees for Thomson13 market Department records, the market-maker options in order to attract additional data trading floor terminals, fees for will be assessed a floor brokerage fee. order flow to the Exchange. Thomson’s NYSE OpenBook data, and Third, the Exchange proposes to clarify Membership Application Fees: the Installation fee of $500 for satellite that order ID data is not required to be Membership application fees are set TV under Section 8(F)(10) of the Fees the same on both the buy and sell side forth in Section 11 of the CBOE Fees Schedule; Trade Processing Services of an order in order to be eligible for the Schedule as well as in a regulatory fees (Electronic Output/Input Services discounted ‘‘crossed’’ rate. circular (‘‘Membership Fees Circular’’). and Market-Maker Paper Ticket Fees) Disputed Charges: The Exchange The Exchange proposes to amend under Section 9 of the Fees Schedule, proposes to add to the Fees Schedule as certain membership application fees as except for the $.0025 per contract side Footnote 7 a statement that after three reflected in the Fees Schedule and fee for matched and unmatched data; months, all fees as assessed by the Membership Fees Circular included as Fees for electronic and paper filing of Exchange are considered final by the part of Exhibit 5. Specifically, the FOCUS reports under Section 12 of the Exchange. The purpose of this change is Exchange proposes to increase the Non- Fees Schedule; Fee for a service to encourage members to promptly Member Customer Business Fee from provided to member firms by the review their Exchange invoices so that $1,000 to $2,500, the Lessor Firm Fee Exchange to facilitate member firm any disputed charges can be addressed from $1,000 to $2,000, and the Renewal/ payments to floor brokers for except for in a timely manner. Change of Status Fee from $250 to $500. the [sic]14 floor brokerage services Member Firm Proprietary Sliding The proposed changes would help the (Floor Broker Payment Program) under Scale: The Exchange proposes to clarify Exchange recover its costs in processing Section 13 of the Fees Schedule; Pass- Footnote 11 of the Fees Schedule these applications. through of periodic license or royalty relating to the Member Firm Proprietary B. The Exchange proposes to fees, the fee for a hard copy subscription Sliding Scale in three respects. First, the eliminate the following fees (with one to the Exchange Bulletin, and the Exchange proposes to amend Footnote exception as noted below): CFLEX Log-in fee under Section 15 11 to clarify that each member firm is Customer Complex Order Fee: The (Miscellaneous) of the Fees Schedule; responsible for notifying the Exchange’s Exchange proposes to eliminate the and Circuit Charges under Section 16 of Membership Department of all of its transaction fee of $.18 per contract for the Fees Schedule.15 affiliations with other members so that customer complex orders in equity and C. The Exchange proposes the contracts of the firm and its affiliates QQQQ options that ‘‘take liquidity’’ from following Fees Schedule clarifications: may be aggregated for purposes of the the Exchange’s complex order book.11 Floor Brokerage Fees: The Exchange sliding scale. Second, the Exchange Member Firm Proprietary Sliding proposes to clarify Footnote 5 of the proposes to clarify that it will aggregate Scale—License Fee Add-On: The Fees Schedule relating to floor the activity of separate member firms for Exchange’s Member Firm Proprietary purposes of the sliding scale if there is Sliding Scale program reduces a 13 The Exchange also proposes to replace the at least 75% common ownership member firm’s standard $.20 per reference to ‘‘ILX’’ in Section 8 of the Fees Schedule between the firms as reflected on each with ‘‘Thomson’’ to reflect the replacement of the contract transaction fee if the member ILX service with Thomson’s service. ILX is a firm’s Form BD, Schedule A, which is firm reaches the volume thresholds set division of Thomson Financial. the same way Exchange aggregates forth in the sliding scale in a month.12 14 The Exchange inadvertently included the trading activity for the Liquidity Due to the Exchange’s obligation to pay phrase ‘‘except for the’’ in its filing with the Provider Sliding Scale.16 Third, the license fees on certain products, the Commission and intended the text of this portion Exchange proposes to clarify that a of the ‘‘Miscellaneous Fees’’ section to read: ‘‘[f]ee Exchange currently assesses a $.10 per for a service provided to member firms by the member firm’s contracts executed contract license fee (a total of 10 cents Exchange to facilitate member firm payments to pursuant to an OCC Clearing Member per contract less any surcharge fees floor brokers for floor brokerage services (Floor Trade Assignment (CMTA) agreement already assessed) on all licensed Broker Payment Program) under Section 13 of the (i.e., executed by another clearing firm Fees Schedule * * *.’’ Telephone call between products except Nasdaq-100 (MNX, Geoffrey Pemble, Special Counsel, Commission, and then transferred to the member NDX) and Russell 2000 (RUT) options and Jaime Galvan, Senior Attorney, CBOE, January firm’s account at the OCC) are when a firm reaches the fifth tier of the 5, 2010. aggregated with the member firm’s non- sliding scale. The Exchange proposes to 15 The Exchange also proposes the following CMTA contracts for purposes of the clean-up changes to the Fees Schedule. The eliminate this license fee add-on to Exchange proposes to delete references to the CBOE sliding scale. simplify the Fees Schedule. The S&P 500 BuyWrite Index (1/10th value) (‘‘BXO’’) Position Transfer Fee: The Exchange Exchange will continue to charge the and CBOE S&P 500 Three-Month Realized Volatility charges a fee of $.02 per contract side surcharge fees set forth in Section 1 (‘‘RUH’’) from Section 1 (Index Options) to the Fees for options positions transferred Schedule since the Exchange no longer trades these 17 two classes. See also SR–CBOE–2009–054 (deleting pursuant to Rule 6.49A. The fee helps 10 See CBOE Fees Schedule, Section 18. RUH and BXO references from Footnote 6 to Fees 11 See CBOE Fees Schedule, Section 1 and Schedule). The Exchange also proposes to delete 16 See CBOE Fees Schedule, Footnote 10. Footnote 12. the ‘‘CBOEdirect Connectivity Fees’’ line item from 17 CBOE Rule 6.49A provides for a special 12 See CBOE Fees Schedule, Section 1 and Section 17 because those fees are now located in procedure to permit option positions to be offered Footnote 11. Section 16 of the Fees Schedule. on the floor of the Exchange in the event that the

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offset costs the Exchange incurs in • $0.20 per contract for Market-Maker surcharge fees and membership providing services to accommodate both and Designated Primary Market-Maker application fees would help the on-floor and off-floor transfers of transactions; 20 Exchange recover costs. The Exchange positions.18 The fee is capped at $25,000 • $0.20 per contract for member firm believes the proposed fee eliminations per transfer. The Exchange proposes to proprietary transactions; and Fees Schedule clarifications would clarify the application of the $25,000 fee • $0.40 per contract for manually update and simplify the Fees Schedule. cap. Specifically, the Exchange proposes executed broker-dealer transactions; With respect to establishing fees for to clarify that for all on-floor transfers, • $0.40 per contract for electronically DVS options, the Exchange believes the both the position transferor (seller) and executed broker-dealer transactions; new fees proposed by this filing are • the transferee (buyer) are assessed a fee $0.40 per contract for voluntary equitable and reasonable in that they of $.02 per contract with a cap of professional transactions;21 will further the Exchange’s goal of • $12,500 for each. If there are multiple $0.40 per contract for customer introducing new products to the transactions; and transferees (buyers), each transferee is • marketplace that are competitively assessed a fee of $.02 per contract up to $0.10 per contract CFLEX surcharge priced and will help the Exchange the $12,500 cap for the transferee side fee. recoup license fees that the Exchange of the transfer package. For any off-floor The Exchange also proposes to adopt pays to the reporting authority. transfer where regulatory review of a a $.10 per contract surcharge fee on all B. Self-Regulatory Organization’s proposed transfer is solicited to non-public customer transactions in Statement on Burden on Competition determine whether the proposed DVS options to help the Exchange transfer meets the off-floor transfer recoup license fees the Exchange pays to CBOE does not believe that the provisions of Rule 6.49A, the initiator of the reporting authority. The proposed proposed rule change will impose any the review is assessed a fee of $.02 per surcharge fee is identical to the burden on competition not necessary or contract with a cap of $25,000. If it is surcharge fee proposed to be increased appropriate in furtherance of the determined the position transfer must from $0.06 per contract to $0.10 for non- purposes of the Act. be affected on-floor, only the on-floor public customer transactions in OEX, XEO and SPX options. C. Self-Regulatory Organization’s fee will be assessed. Statement on Comments on the Customer Large Trade Discount The Exchange’s Liquidity Provider Sliding Scale shall apply to transaction Proposed Rule Change Received From Program: The Exchange proposes to Members, Participants or Others amend Section 18 of the Fees Schedule fees in DVS options, but the Exchange’s to clarify the calculation of the fee cap. marketing fee22 shall not apply. The No written comments were solicited The Exchange proposes to clarify that it Exchange believes the rule change will or received with respect to the proposed will look at the trade date and order ID further the Exchange’s goal of rule change. introducing new products to the on each trade record to determine the III. Date of Effectiveness of the marketplace that are competitively qualification of an order for the fee cap. Proposed Rule Change and Timing for priced.23 The order ID on each trade record must Commission Action be the same in order for the Exchange 2. Statutory Basis to tie the trade records to the same order Because the foregoing rule change and accumulate the total contracts. The The Exchange believes the proposed establishes or changes a due, fee, or Exchange also proposes to clarify that rule change is consistent with Section other charge imposed by the Exchange, for complex orders, the total contracts of 6(b) of the Securities Exchange Act of it has become effective pursuant to 24 26 an order (all legs) are counted for 1934 (‘‘Act’’), in general, and furthers Section 19(b)(3)(A) of the Act and the objectives of Section 6(b)(4)25 of the subparagraph (f)(2) of Rule 19b–4 purposes of calculating the fee cap. 27 D. The Exchange proposes to establish Act in particular, in that it is designed thereunder. At any time within 60 fees for DVS options. to provide for the equitable allocation of days of the filing of the proposed rule The Exchange recently received reasonable dues, fees, and other charges change, the Commission may summarily approval to list and trade options on the among its members and other persons abrogate such rule change if it appears S&P 500 Dividend Index, which using its facilities. The Exchange to the Commission that such action is represents the accumulated ex-dividend believes the proposed index and ETF necessary or appropriate in the public amounts of all S&P 500 Index options transaction fee changes and interest, for the protection of investors, component securities over a specified floor brokerage fee change would create or otherwise in furtherance of the accrual period (e.g., quarterly, semi- consistent fees for similar products and purposes of the Act. annually, annually).19 help to simplify the fee structure for IV. Solicitation of Comments Consistent with the changes being these options. The proposed changes to proposed in this filing, the amount of the Strategy Fee Cap and Customer Interested persons are invited to the transactions fees for DVS options Large Trade Discount Program would submit written data, views, and shall be as follows: result in reduced fees for market arguments concerning the foregoing, participants. The proposed changes to including whether the proposed rule positions are being transferred as part of a sale or change is consistent with the Act. disposition of all or substantially all of the assets 20 This is the standard rate that is subject to the Comments may be submitted by any of or options positions of the transferring party where Liquidity Provider Sliding Scale as set forth in the following methods: the transferring party would not continue to be Footnote 10 to the Fees Schedule. involved in managing or owning the transferred 21 The Commission notes that on December 24, Electronic Comments positions. The rule also provides for off-floor 2009, CBOE filed a proposed rule change relating • transfers of positions based on certain specified Use the Commission’s Internet exemptions, as well as with the approval of the to fees for professional orders that also would comment form (http://www.sec.gov/ become operative on January 4, 2010. See SR– Exchange’s President under extraordinary rules/sro.shtml); or circumstances. CBOE–2009–101. 22 • Send an e-mail to rule- 18 See Securities Exchange Act Release No. 59193 See Footnote 6 of the Fees Schedule. (January 2, 2009), 74 FR 972 (January 9, 2009). 23 Linkage order fees are inapplicable for options [email protected]. Please include File 19 See Securities Exchange Act Release No. 61136 on CBOE’s proprietary products. (December 10, 2009) (approving SR–CBOE–2009– 24 15 U.S.C. 78f(b). 26 15 U.S.C. 78s(b)(3)(A). 022). 25 15 U.S.C. 78f(b)(4). 27 17 CFR 240.19b–4(f)(2).

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Number SR–CBOE–2009–098 on the SECURITIES AND EXCHANGE proposed rule change. The text of these subject line. COMMISSION statements may be examined at the places specified in Item IV below. The Paper Comments [Release No. 34–61298; File No. SR–BX– Exchange has prepared summaries, set 2009–087] • Send paper comments in triplicate forth in Sections A, B, and C below, of to Elizabeth M. Murphy, Secretary, Self-Regulatory Organizations; the most significant aspects of such statements. Securities and Exchange Commission, NASDAQ OMX BX, Inc.; Notice of Filing 100 F Street, NE., Washington DC and Immediate Effectiveness of A. Self-Regulatory Organization’s 20549–1090. Proposed Rule Change To Amend Statement of the Purpose of, and Rules 2240 and 2250 To Reflect Statutory Basis for, the Proposed Rule All submissions should refer to File Changes to Corresponding FINRA Change Number SR–CBOE–2009–098. This file Rules number should be included on the 1. Purpose subject line if e-mail is used. To help the January 6, 2010. Many of BX’s rules are based on rules Commission process and review your Pursuant to Section 19(b)(1) of the of FINRA (formerly the National comments more efficiently, please use Securities Exchange Act of 1934 Association of Securities Dealers 1 2 only one method. The Commission will (‘‘Act’’), and Rule 19b–4 thereunder, (‘‘NASD’’)). During 2008, FINRA post all comments on the Commission’s notice is hereby given that on December embarked on an extended process of Internet Web site (http://www.sec.gov/ 30, 2009, NASDAQ OMX BX, Inc. (the moving rules formerly designated as ‘‘Exchange’’ or ‘‘BX’’) filed with the rules/sro.shtml). Copies of the ‘‘NASD Rules’’ into a consolidated Securities and Exchange Commission submission, all subsequent FINRA rulebook. In most cases, FINRA (‘‘Commission’’) the proposed rule has renumbered these rules, and in amendments, all written statements change as described in Items I, II, and with respect to the proposed rule some cases has substantively amended III below, which Items have been them. Accordingly, BX also proposes to change that are filed with the prepared by the Exchange. The initiate a process of modifying its Commission, and all written Exchange has designated the proposed rulebook to ensure that BX rules communications relating to the rule change as constituting a non- corresponding to FINRA/NASD rules proposed rule change between the controversial rule change under Rule continue to mirror them as closely as Commission and any person, other than 19b–4(f)(6) under the Act,3 which practicable. In some cases, it will not be those that may be withheld from the renders the proposal effective upon possible for the rule numbers of BX public in accordance with the filing with the Commission. The rules to mirror corresponding FINRA provisions of 5 U.S.C. 552, will be Commission is publishing this notice to rules, because existing or planned BX available for inspection and copying in solicit comments on the proposed rule rules make use of those numbers. the Commission’s Public Reference change from interested persons. However, wherever possible, BX plans Room, 100 F Street, NE., Washington, I. Self-Regulatory Organization’s to update its rules to reflect changes to DC 20549, on official business days Statement of the Terms of Substance of corresponding FINRA rules. This filing addresses BX Rule 2240 between the hours of 10 a.m. and 3 p.m. the Proposed Rule Change Copies of such filing also will be entitled ‘‘Disclosure of Control available for inspection and copying at Pursuant to the provisions of Section Relationship with Issuer’’ and 2250 the principal office of the Exchange. All 19(b)(1) of the Securities Exchange Act entitled ‘‘Disclosure of Participation or of 1934 (‘‘Act’’),4 and Rule 19b–4 Interest in Primary or Secondary comments received will be posted 5 without change; the Commission does thereunder, NASDAQ OMX BX, Inc. Distribution.’’ BX Rule 2240 62 [sic] (‘‘BX’’) is filing with the Securities and not edit personal identifying makes reference to NASD 2240 [sic] Exchange Commission (‘‘Commission’’) a entitled ‘‘Disclosure of Control information from submissions. You proposed rule change to amend BX Relationship with Issuer.’’ The should submit only information that Rules 2240 and 2250 to reflect recent Commission approved a proposed rule you wish to make available publicly. All changes to corresponding rules of the change to adopt NASD Rule 2240 as submissions should refer to File No. Financial Industry Regulatory Authority FINRA Rule 2262, NASD Rule 2250 as SR–CBOE–2009–098 and should be (‘‘FINRA’’). The text of the proposed rule FINRA Rule 2269 and NASD Rule 3340 submitted on or before February 4, 2010. change is available at http:// as FINRA Rule 5260.6 For the Commission, by the Division of nasdaqomxbx.cchwallstreet.com, at the FINRA transferred NASD Rule 2240 Trading and Markets, pursuant to delegated Exchange’s principal office, and at the without material change into the authority.28 Commission’s Public Reference Room. Consolidated FINRA Rulebook as Florence E. Harmon, FINRA Rule 2262. FINRA Rule 2262 II. Self-Regulatory Organization’s provides that a member controlled by, Deputy Secretary. Statement of the Purpose of, and controlling, or under common control [FR Doc. 2010–537 Filed 1–13–10; 8:45 am] Statutory Basis for, the Proposed Rule with the issuer of any security must, BILLING CODE 8011–01–P Change before entering into any contract with or In its filing with the Commission, the for a customer for the purchase or sale Exchange included statements of such security, disclose to the concerning the purpose of and basis for customer the existence of such control; the proposed rule change and discussed if such disclosure is not made in any comments it received on the writing, it must be supplemented by written disclosure at or before the 1 15 U.S.C. 78s(b)(1). completion of the transaction. 2 17 CFR 240.19b–4. 3 17 CFR 240.19b–4(f)(6). 6 Securities Exchange Act Release No. 60659 4 15 U.S.C. 78s(b)(1). (September 11, 2009), 74 FR 48117 (September 21, 28 17 CFR 200.30–3(a)(12). 5 17 CFR 240.19b–4. 2009) (SR–FINRA–2009–044).

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FINRA transferred NASD Rule 2250 6(b)(5) of the Act,8 in particular, in that Comments may be submitted by any of without material change into the the proposal is designed to prevent the following methods: Consolidated FINRA Rulebook as fraudulent and manipulative acts and Electronic Comments FINRA Rule 2269. FINRA Rule 2269 practices, to promote just and equitable provides that if a member is acting as a principles of trade, to foster cooperation • Use the Commission’s Internet broker for a customer, or is acting for and coordination with persons engaged comment form (http://www.sec.gov/ both the customer and some other in regulating, clearing, settling, rules/sro.shtml); or person, or is acting as a dealer and processing information with respect to, • Send an e-mail to rule- receives or has promise of receiving a and facilitating transactions in [email protected]. Please include File fee from a customer for advising the securities, to remove impediments to Number SR–BX–2009–087 on the customer with respect to securities, then and perfect the mechanism of a free and subject line. the member must, at or before the open market and a national market Paper Comments completion of any transaction for or system, and, in general, to protect with the customer in any security in the investors and the public interest. The • Send paper comments in triplicate primary or secondary distribution of proposed changes will conform BX to Elizabeth M. Murphy, Secretary, which the member is participating or is Rules 2240 and 2250 to recent changes Securities and Exchange Commission, otherwise financially interested, give made to corresponding FINRA rules and 100 F Street, NE., Washington, DC the customer written notification of the rename Rules 2240 and 2250 to new 20549–1090. existence of such participation or Rules 2262 and 2269 respectively. All submissions should refer to File interest. B. Self-Regulatory Organization’s Number SR–BX–2009–087. This file FINRA transferred NASD Rule 3340 Statement on Burden on Competition number should be included on the without material change into the subject line if e-mail is used. To help the Consolidated FINRA Rulebook as The Exchange does not believe that Commission process and review your FINRA Rule 5260. FINRA Rule 5260 the proposed rule change will result in comments more efficiently, please use prohibits members from, directly or any burden on competition that is not only one method. The Commission will indirectly, effecting transactions or necessary or appropriate in furtherance post all comments on the Commission’s publishing quotations or indications of of the purposes of the Act, as amended. Internet Web site (http://www.sec.gov/ interest (‘‘IOIs’’) in (1) any security with C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the respect to which a trading halt is in Statement on Comments on the submission,11 all subsequent effect; or (2) any security future when Proposed Rule Change Received From amendments, all written statements there is a regulatory trading halt in Members, Participants or Others with respect to the proposed rule effect with respect to the underlying change that are filed with the security. The trading and quoting Written comments were neither Commission, and all written conduct prohibited by Rule 3340 is solicited nor received. communications relating to the triggered only when a trading halt is in III. Date of Effectiveness of the proposed rule change between the effect. The rule also provides that, in the Proposed Rule Change and Timing for Commission and any person, other than event that FINRA halts over-the-counter Commission Action those that may be withheld from the trading and quoting in NMS stocks public in accordance with the Because the foregoing proposed rule because the Alternative Display Facility provisions of 5 U.S.C. 552, will be change does not: (i) Significantly affect (‘‘ADF’’) or a Trade Reporting Facility available for inspection and copying in the protection of investors or the public (‘‘TRF’’) is unable to transmit real-time the Commission’s Public Reference interest; (ii) impose any significant information to the applicable Securities Room, 100 F Street, NE., Washington, burden on competition; and (iii) become Information Processor, members are not DC 20549, on official business days operative for 30 days from the date on prohibited from trading through other between the hours of 10 a.m. and 3 p.m. which it was filed, or such shorter time markets for which trading is not halted. Copies of the filing also will be available as the Commission may designate, it has BX is proposing to amend BX Rule for inspection and copying at the become effective pursuant to Section 2240 by renaming Rule 2240 to new principal office of BX. All comments 19(b)(3)(A) of the Act 9 and Rule 19b– Rule 2262. Also, BX is proposing to received will be posted without change; 4(f)(6) thereunder.10 the Commission does not edit personal amend BX Rule 2250 by renaming Rule At any time within 60 days of the identifying information from 2250 to new Rule 2269. BX would filing of the proposed rule change, the submissions. You should submit only delete current Rules 2240 and 2250. BX Commission may summarily abrogate information that you wish to make also proposes to amend the references to such rule change if it appears to the available publicly. All submissions BX Rule 2240 and 2250 to instead state Commission that such action is should refer to File Number SR–BX– FINRA Rules 2262 and 2269 in the new necessary or appropriate in the public 2009–087 and should be submitted on Rules 2262 and 2269, respectively. interest, for the protection of investors, or before February 4, 2010. Because Rule 3340 contains rule text or otherwise in furtherance of the that is substantially similar to Rule purposes of the Act. For the Commission, by the Division of 5260, and does not incorporate Rule Trading and Markets, pursuant to delegated 5260 by reference, no changes are IV. Solicitation of Comments authority.12 necessary to Rule 3340. Interested persons are invited to Florence E. Harmon, 2. Statutory Basis submit written data, views, and Deputy Secretary. arguments concerning the foregoing, [FR Doc. 2010–539 Filed 1–13–10; 8:45 am] The Exchange believes that the including whether the proposed rule BILLING CODE 8011–01–P proposed rule change is consistent with change is consistent with the Act. the provisions of Section 6 of the Act,7 11 The text of the proposed rule change is in general, and with Sections [sic] 8 15 U.S.C. 78f(b)(5). available on the Commission’s Web site at http:// 9 15 U.S.C. 78s(b)(3)(A). www.sec.gov/. 7 15 U.S.C. 78f. 10 17 CFR 240.19b–4(f)(6). 12 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Lastly, this filing eliminates the CBSX COMMISSION Statement of the Purpose of, and the market data rebate program. CBSX will Statutory Basis for, the Proposed Rule cease issuing tape credits. [Release No. 34–61303; File No. SR–CBOE– Change The fee changes will take effect on 2009–102] 1. Purpose January 4, 2010. Self-Regulatory Organizations; CBSX proposes to make fee 2. Statutory Basis modifications in order to better attract Chicago Board Options Exchange, The proposed rule change is business to the exchange. Specifically, Incorporated; Notice of Filing and consistent with Section 6(b) of the CBSX proposes to change to $0.0030 per Immediate Effectiveness of a Proposed Securities Exchange Act of 1934 share its Taker Fee and Routing Fee Rule Change To Amend Its Chicago (‘‘Act’’),3 in general, and furthers the applicable to transactions of securities Board Options Exchange Stock objectives of Section 6(b)(4) 4 of the Act priced at $1 or greater. CBSX proposes Exchange Fees Schedule in particular, in that it is designed to to change to 0.30% (of the dollar value provide for the equitable allocation of of the transaction) its Taker Fee and January 6, 2010. reasonable dues, fees, and other charges Routing Fee for transactions in among CBOE members and other Pursuant to Section 19(b)(1) of the securities priced less than $1. CBSX persons using its facilities. Securities Exchange Act of 1934 proposes to change to $0.0025 per share 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, the rebate for Makers, applicable to B. Self-Regulatory Organization’s notice is hereby given that on December transactions in securities priced at $1 or Statement on Burden on Competition 30, 2009, the Chicago Board Options greater. Exchange, Incorporated (‘‘Exchange’’ or CBSX also proposes to change the fee CBOE does not believe that the ‘‘CBOE’’) filed with the Securities and rates applicable to stock executions proposed rule change will impose any Exchange Commission (‘‘Commission’’) effected pursuant to Rules 6.53C, burden on competition not necessary or the proposed rule change as described 6.74A.07 and 6.74B.01. Rule 6.53C is appropriate in furtherance of the in Items I and II below, which Items CBOE’s complex order auction (COA) purposes of the Act. have been prepared by the Exchange. and book (COB) rule. The COA system C. Self-Regulatory Organization’s The Commission is publishing this facilitates the handling and execution of Statement on Comments on the notice to solicit comments on the complex orders by allowing for complex Proposed Rule Change Received From proposed rule change from interested orders to rest in the system and allowing Members, Participants, or Others persons. for inbound complex orders to trigger an auction where auction participants may No written comments were solicited I. Self-Regulatory Organization’s submit complex order responses to trade or received with respect to the proposed Statement of the Terms of Substance of with the order that is being auctioned. rule change. the Proposed Rule Change Some complex orders contain a stock III. Date of Effectiveness of the The Exchange proposes to amend its component (e.g. a buy-write order), and Proposed Rule Change and Timing for the stock component of a stock-option CBOE Stock Exchange (‘‘CBSX’’) Fees Commission Action complex order handled by the system is Schedule. The text of the proposed rule executed on CBSX. This filing changes The proposed rule change is change is available on the Exchange’s the rate applicable to the stock designated by the Exchange as Web site (http://www.cboe.org/legal), at executions that result from stock-option establishing or changing a due, fee, or the Exchange’s principal office, on the orders trading pursuant to Rule 6.53C as other charge, thereby qualifying for Commission’s Web site (http:// follows: the order that triggered a COA effectiveness on filing pursuant to www.sec.gov), and at the Commission’s auction or that triggered a trade with a Section 19(b)(3)(A)(ii) of the Act 5 and Public Reference Room. resting COB order shall be charged subparagraph (f)(2) of Rule 19b–4 II. Self-Regulatory Organization’s $0.0020 per share subject to a $2.00 thereunder.6 At any time within 60 days Statement of the Purpose of, and minimum charge (the $25.00 maximum of the filing of the proposed rule change, Statutory Basis for, the Proposed Rule charge will remain unchanged). the Commission may summarily Change Rule 6.74A.07 is CBOE’s Automated abrogate such rule change if it appears Improvement Mechanism (AIM) rule for to the Commission that such action is In its filing with the Commission, the complex orders. It allows complex necessary or appropriate in the public self-regulatory organization included orders (including stock-option orders) to interest, for the protection of investors, statements concerning the purpose of be crossed after an electronic auction. or otherwise in furtherance of the and basis for the proposed rule change Rule 6.74B.01 is the Solicitation purposes of the Act. Auction Mechanism. It allows for the and discussed any comments it received IV. Solicitation of Comments on the proposed rule change. The text execution of large size complex orders of those statements may be examined at against solicited orders. Any stock Interested persons are invited to the places specified in Item IV below. executions resulting from orders submit written data, views, and The Exchange has prepared summaries, processed through these mechanisms arguments concerning the foregoing, set forth in sections A, B, and C below, are handled on CBSX. This filing including whether the proposed rule changes the rate applicable to the stock of the most significant parts of such change is consistent with the Act. executions that result from stock-option statements. Comments may be submitted by any of orders trading pursuant to Rule the following methods: 6.74A.07 and 6.74B.01 as follows: $0.0020 per share subject to a $2.00 3 15 U.S.C. 78f(b). minimum charge and $25.00 maximum 4 15 U.S.C. 78f(b)(4). 1 15 U.S.C. 78s(b)(1). charge (the $25.00 maximum charge 5 15 U.S.C. 78s(b)(3)(A)(ii). 2 17 CFR 240.19b–4. will remain unchanged). 6 17 CFR 240.19b–4(f)(2).

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Electronic Comments SECURITIES AND EXCHANGE in Item IV below. FINRA has prepared summaries, set forth in sections A, B, • COMMISSION Use the Commission’s Internet and C below, of the most significant comment form (http://www.sec.gov/ [Release No. 34–61297; File No. SR–FINRA– aspects of such statements. rules/sro.shtml); or 2009–094] • A. Self-Regulatory Organization’s Send an e-mail to rule- Self-Regulatory Organizations; Statement of the Purpose of, and [email protected]. Please include File Financial Industry Regulatory Statutory Basis for, the Proposed Rule Number SR–CBOE–2009–102 on the Authority, Inc.; Notice of Filing and Change subject line. Immediate Effectiveness of Proposed Rule Change Relating To Extending 1. Purpose Paper Comments the Pilot Period Regarding the Use of FINRA has three rules governing the • Send paper comments in triplicate Multiple MPIDs on FINRA Facilities use of multiple MPIDs on FINRA facilities: Rule 6160 (Multiple MPIDs for to Elizabeth M. Murphy, Secretary, January 6, 2010. Securities and Exchange Commission, Trade Reporting Facility Participants), Pursuant to Section 19(b)(1) of the Rule 6170 (Primary and Additional 100 F Street, NE., Washington, DC Securities Exchange Act of 1934 MPIDs for Alternative Display Facility 20549–1090. 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, Participants), and Rule 6480 (Multiple All submissions should refer to File notice is hereby given that on December MPIDs for Quoting and Trading in OTC Number SR–CBOE–2009–102. This file 29, 2009, Financial Industry Regulatory Equity Securities). The pilot period for ‘‘ ’’ number should be included on the Authority, Inc. ( FINRA ) filed with the all three rules is scheduled to expire on Securities and Exchange Commission subject line if e-mail is used. To help the January 29, 2010. FINRA believes that (‘‘SEC’’ or ‘‘Commission’’) the proposed Commission process and review your there continue to be legitimate business rule change as described in Items I, II comments more efficiently, please use reasons for members to maintain and III below, which Items have been multiple MPIDs for use on FINRA only one method. The Commission will prepared by FINRA. FINRA has post all comments on the Commission’s facilities. Consequently, FINRA is designated the proposed rule change as proposing to extend the pilot period for Internet Web site (http://www.sec.gov/ constituting a ‘‘non-controversial’’ rule rules/sro.shtml). Copies of the each of the three rules until January 28, change under paragraph (f)(6) of Rule 2011. FINRA is not proposing any other submission, all subsequent 3 19b–4 under the Act, which renders changes to the rules at this time. amendments, all written statements the proposal effective upon receipt of with respect to the proposed rule this filing by the Commission. The (a) Rule 6160 change that are filed with the Commission is publishing this notice to Rule 6160 provides that any Trade Commission, and all written solicit comments on the proposed rule Reporting Facility Participant that communications relating to the change from interested persons. wishes to use more than one MPID for proposed rule change between the I. Self-Regulatory Organization’s purposes of reporting trades to a TRF Commission and any person, other than Statement of the Terms of Substance of must submit a written request to, and those that may be withheld from the the Proposed Rule Change obtain approval from, FINRA public in accordance with the Operations for such additional MPIDs. provisions of 5 U.S.C. 552, will be FINRA is proposing to extend through In addition, Supplementary Material to available for inspection and copying in January 28, 2011, the current rules the rule states that FINRA considers the the Commission’s Public Reference regarding the use of multiple Market issuance of, and trade reporting with, ‘‘ ’’ Room, 100 F Street, NE., Washington, Participant Symbols ( MPIDs ) in multiple MPIDs to be a privilege and not FINRA Rules 6160 (with respect to DC 20549, on official business days a right. A Trade Reporting Facility Trade Reporting Facilities (‘‘TRFs’’)), between the hours of 10 a.m. and 3 p.m. Participant must identify the purpose(s) 6170 (with respect to the Alternative Copies of such filing also will be and system(s) for which the multiple Display Facility (‘‘ADF’’)), and 6480 MPIDs will be used. If FINRA available for inspection and copying at (with respect to the OTC Reporting the principal office of the Exchange. All determines that the use of multiple Facility (‘‘ORF’’)). MPIDs is detrimental to the comments received will be posted The text of the proposed rule change without change; the Commission does marketplace, or that a Trade Reporting is available on FINRA’s Web site at Facility Participant is using one or more not edit personal identifying http://www.finra.org, at the principal additional MPIDs improperly or for information from submissions. You office of FINRA and at the other than the purpose(s) identified by should submit only information that Commission’s Public Reference Room. the Participant, FINRA staff retains full you wish to make available publicly. All II. Self-Regulatory Organization’s discretion to limit or withdraw its grant submissions should refer to File Statement of the Purpose of, and of the additional MPID(s) to such Trade Number SR–CBOE–2009–102 and Statutory Basis for, the Proposed Rule Reporting Facility Participant for should be submitted on or before Change purposes of reporting trades to a TRF. February 4, 2010. FINRA believes that Rule 6160 is In its filing with the Commission, necessary to consolidate the process of For the Commission, by the Division of FINRA included statements concerning issuing, and tracking the use of, Trading and Markets, pursuant to delegated the purpose of and basis for the 7 multiple MPIDs used to report trades to authority. proposed rule change and discussed any Florence E. Harmon, TRFs. comments it received on the proposed Rule 6160 was approved by the Deputy Secretary. rule change. The text of these statements Commission in 2006 on a pilot basis.4 [FR Doc. 2010–540 Filed 1–13–10; 8:45 am] may be examined at the places specified BILLING CODE 8011–01–P 4 See Securities Exchange Act Release No. 54715 1 15 U.S.C. 78s(b)(1). (November 6, 2006), 71 FR 66354 (November 14, 2 17 CFR 240.19b–4. 2006); see also Securities Exchange Act Release No. 7 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4(f)(6). Continued

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The pilot period has been extended quoting an OTC Equity Security or C. Self-Regulatory Organization’s several times since the rule was reporting trades to the ORF must submit Statement on Comments on the originally adopted and currently expires a written request to, and obtain approval Proposed Rule Change Received From on January 29, 2010.5 from, FINRA Operations for such Members, Participants or Others additional MPIDs. The rule also states (b) Rule 6170 Written comments were neither that a member that posts a quotation in solicited nor received. Rule 6170 provides that a Registered an OTC Equity Security and reports to Reporting ADF ECN may request a FINRA system a trade resulting from III. Date of Effectiveness of the additional MPIDs for displaying quotes such posted quotation must utilize the Proposed Rule Change and Timing for and orders and reporting trades through same MPID for reporting purposes. In Commission Action the ADF trade reporting facility, TRACS, addition, Supplementary Material to the Because the foregoing proposed rule for any ADF-Eligible Security. rule states that FINRA considers the change does not: (i) Significantly affect Registered Reporting ADF ECNs that are issuance of, and trade reporting with, the protection of investors or the public permitted the use of additional MPIDs multiple MPIDs to be a privilege and not interest; (ii) impose any significant for displaying quotes and orders are a right. When requesting an additional burden on competition; and (iii) become subject to the same rules applicable to MPID(s), a member must identify the operative for 30 days from the date on the member’s first quotation (i.e., ECNs purpose(s) and system(s) for which the which it was filed, or such shorter time that display one or more additional multiple MPIDs will be used. If FINRA as the Commission may designate, it has quotes/orders are required to comply determines that the use of multiple become effective pursuant to Section with all rules applicable to ECNs in MPIDs is detrimental to the 19(b)(3)(A) of the Act 10 and Rule 19b– their display of quotes/orders). marketplace, or that a member is using 4(f)(6) thereunder.11 Registered Reporting ADF ECNs are also one or more additional MPIDs At any time within 60 days of the prohibited from using an additional improperly or for purposes other than filing of the proposed rule change, the MPID to accomplish indirectly what the purpose(s) identified by the Commission may summarily abrogate they are prohibited from doing directly member, FINRA staff retains full such rule change if it appears to the through their Primary MPID. In discretion to limit or withdraw its grant Commission that such action is addition, FINRA staff retains full of the additional MPID(s) to such necessary or appropriate in the public discretion to determine whether a bona member. interest, for the protection of investors, fide regulatory and/or business need or otherwise in furtherance of the exists for being granted an additional FINRA adopted Rule 6480 on a pilot purposes of the Act. MPID privilege and to limit or withdraw basis on July 23, 2009, and the pilot 8 IV. Solicitation of Comments the additional MPID display privilege at period expires on January 29, 2010. any time. The procedures for requesting, FINRA has filed the proposed rule Interested persons are invited to and the restrictions surrounding the use change for immediate effectiveness. The submit written data, views, and of, multiple MPIDs are set forth in implementation date of the proposed arguments concerning the foregoing, Supplementary Material to the rule. rule change will be January 29, 2010. including whether the proposed rule The Commission approved Rule 6170 change is consistent with the Act. 2. Statutory Basis on a pilot basis on August 11, 2006.6 Comments may be submitted by any of The pilot period has been extended FINRA believes that the proposed rule the following methods: several times since the rule was change is consistent with the provisions Electronic Comments originally adopted and currently expires of Section 15A(b)(6) of the Act,9 which • on January 29, 2010.7 Use the Commission’s Internet requires, among other things, that comment form (http://www.sec.gov/ (c) Rule 6480 FINRA rules must be designed to rules/sro.shtml); or prevent fraudulent and manipulative • Like Rule 6160, Rule 6480 provides Send an e-mail to rule- acts and practices, to promote just and [email protected]. Please include File that any member that wishes to use equitable principles of trade, and, in more than one MPID for purposes of Number SR–FINRA–2009–094 on the general, to protect investors and the subject line. public interest. FINRA believes that the 54715A (November 14, 2006), 71 FR 67183 Paper Comments (November 20, 2006). proposed rule change is consistent with 5 See Securities Exchange Act Release No. 59183 these requirements because it will • Send paper comments in triplicate (December 30, 2008), 74 FR 842 (January 8, 2009); provide a process by which members to Elizabeth M. Murphy, Secretary, Securities Exchange Act Release No. 57217 (January can request, and FINRA can properly Securities and Exchange Commission, 28, 2008), 73 FR 6234 (February 1, 2008); Securities allocate, the use of additional MPIDs for Exchange Act Release No. 55206 (January 31, 2007), 100 F Street, NE., Washington, DC 72 FR 5479 (February 6, 2007). displaying quotes and orders through 20549–1090. 6 See Securities Exchange Act Release No. 54307 the ADF or reporting trades to a TRF or All submissions should refer to File (August 11, 2006), 71 FR 47551 (August 17, 2006). the ORF. Number SR–FINRA–2009–094. This file By its terms, the initial pilot period expired on January 26, 2007, to coincide with the expiration of B. Self-Regulatory Organization’s number should be included on the the ADF pilot period. See Securities Exchange Act Statement on Burden on Competition subject line if e-mail is used. To help the Release No. 53699 (April 21, 2006), 71 FR 25271 Commission process and review your (April 28, 2006). On January 26, 2007, the FINRA does not believe that the comments more efficiently, please use Commission approved a proposed rule change to make the ADF rules permanent. See Securities proposed rule change will result in any only one method. The Commission will Exchange Act Release No. 55181 (January 26, 2007), burden on competition that is not post all comments on the Commission’s 72 FR 5093 (February 2, 2007). necessary or appropriate in furtherance Internet Web site (http://www.sec.gov/ 7 See Securities Exchange Act Release No. 59183 of the purposes of the Act. rules/sro.shtml). Copies of the (December 30, 2008), 74 FR 842 (January 8, 2009); submission, all subsequent Securities Exchange Act Release No. 57217 (January 28, 2008), 73 FR 6234 (February 1, 2008); Securities 8 See Securities Exchange Act Release No. 60414 Exchange Act Release No. 55206 (January 31, 2007), (July 31, 2009), 74 FR 39721 (August 7, 2009). 10 15 U.S.C. 78s(b)(3)(A). 72 FR 5479 (February 6, 2007). 9 15 U.S.C. 78o–3(b)(6). 11 17 CFR 240.19b–4(f)(6).

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amendments, all written statements I. Self-Regulatory Organization’s orders to the Exchange, but that with respect to the proposed rule Statement of the Terms of Substance of restriction was removed in 2006 with change that are filed with the the Proposed Rule Change the transition to the Exchange’s New Commission, and all written The CHX proposes to amend its Trading Model. The CHX charges communications relating to the Schedule of Participant Fees and Participants for the physical space proposed rule change between the Assessments (the ‘‘Fee Schedule’’), associated with co-locating computer Commission and any person, other than effective the first month after the hardware and network equipment on its those that may be withheld from the proposal is approved, relating to charges premises. This equipment is generally public in accordance with the for co-location services. used for the transmission of order and provisions of 5 U.S.C. 552, will be The text of the proposed rule change execution messages, market data available for inspection and copying in is available on the Exchange’s Web site information and other information the Commission’s Public Reference at http://www.chx.com/rules/ services between Participants and the Room, 100 F Street, NE., Washington, proposed_rules.htm, at the Exchange’s Exchange’s trading facilities, or other DC 20549, on official business days principal office, and at the destinations. Charges for space are between the hours of 10 a.m. and 3 p.m. Commission’s Public Reference Room. based upon the number of ‘‘U’’ (a Copies of such filing also will be commonly accepted unit of available for inspection and copying at II. Self-Regulatory Organization’s measurement of data center space) of the principal office of FINRA. All Statement of the Purpose of, and shelf space used to store the equipment. comments received will be posted Statutory Basis for, the Proposed Rule Additionally, the CHX charges a co- without change; the Commission does Change location fee for the network connections not edit personal identifying In its filing with the Commission, the equipment used to connect Participants information from submissions. You Exchange included statements to the CHX network.6 These charges are should submit only information that concerning the purpose of, and basis for, intended to offset, at least in part, the you wish to make publicly available. All the proposed rule change and discussed costs borne by the Exchange for rent, submissions should refer to File any comments it received on the utilities and maintenance of the space Number SR–FINRA–2009–094 and proposed rule change. The text of those occupied by the co-located equipment.7 should be submitted on or before statements may be examined at the In this filing, the Exchange seeks to February 4, 2010. places specified in Item IV below. The increase the periodic charge for co- Exchange has prepared summaries, set location of network connections For the Commission, by the Division of equipment from $50/month to $100/ Trading and Markets, pursuant to delegated forth in sections A, B, and C below, of authority.12 the most significant parts of such month. statements. The CHX offers co-location to all of its Florence E. Harmon, Participants on an equal and non- Deputy Secretary. A. Self-Regulatory Organization’s discriminatory basis. As far as possible, [FR Doc. 2010–538 Filed 1–13–10; 8:45 am] Statement of the Purpose of, and the Exchange has architected its systems BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule to eliminate or reduce differences Change amongst and between co-located and 1. Purpose non-co-located access.8 Participants SECURITIES AND EXCHANGE which enter orders through co-located The Exchange makes space available COMMISSION equipment access our network via the to Participants at its data center for the same common connections or gateway [Release No. 34–61304; File No. SR–CHX– storage of their computer hardware and as Participants which do not co-locate.9 2009–18] maintaining connections equipment to Currently, the Exchange has sufficient the CHX network. This hardware and space at its data center to accommodate Self-Regulatory Organizations; The connections equipment are used by Chicago Stock Exchange, Inc.; Notice Participants to increase the processing 6 This fee is separate from the Port fees charged of Filing of Proposed Rule Change To speed of information transferred from Amend Its Co-Location Fees pursuant to Section D of the CHX Fee Schedule for their systems to those of the Exchange connections to the CHX Matching System. Port fees January 6, 2010. and to reduce the latencies associated are not based upon the equipment stored on our with order and information messaging. premises, but rather upon the number of logical Pursuant to Section 19(b)(1) 1 of the connections between the Exchange’s Matching The practice of Participants to store Securities Exchange Act of 1934 (the System and those of the Participant. The co-location physical computer hardware and ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 fee for network connections equipment is a charge network connections equipment on an for various forms of cabling (POTS, ISDN, T1 lines, notice is hereby given that, on December exchange’s premises is known as ‘‘co- etc.) from the telecom provider’s point of presence 22, 2009, the Chicago Stock Exchange, in our data center to our network. It is not necessary location.’’ 4 ‘‘ ’’ ‘‘ ’’ for Participants to co-locate network connection Inc. ( CHX or Exchange ) filed with Since 2004, the Exchange has charged the Securities and Exchange equipment at the CHX’s data center in order to fees to its Participants for its co-location connect to our trading facilities, since they have the ‘‘ ’’ Commission (the Commission ) the services.5 Initially, fees on co-located option to connect via an extranet service. Such proposed rule change as described in extranet services connect to the Exchange in the equipment were limited to computer same manner as orders routed through co-located Items I, II, and III below, which Items hardware which was not used to direct have been prepared by the Exchange. equipment. 7 The CHX does not separately charge for the The Commission is publishing this 4 The Exchange also allows non-Participants to electricity used to power the Participant’s notice to solicit comments on the co-locate computer hardware and connections equipment or rent and other utilities associated proposed rule change from interested equipment, provided that they enter into an with the space. persons. agreement providing for, inter alia, the payment of 8 Of course, Participants which co-locate would fees for such co-location. normally expect lower latencies and faster message 5 See SR–CHX–2004–15 (May 19, 2004) turnaround times because of the physical proximity 12 17 CFR 200.30–3(a)(12). (establishing fees for co-located computer hardware of their equipment to our systems. 1 15 U.S.C. 78s(b)(1). and network equipment); See also SR–CHX–2006– 9 This description applies equally to both 2 15 U.S.C. 78a. 29 (October 26, 2006) (broadening the scope of such inbound messages (e.g., new orders) and outbound 3 17 CFR 240.19b–4. fees). messages (e.g., execution reports).

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all requests to co-locate computer III. Date of Effectiveness of the between the hours of 10 a.m. and 3 p.m. equipment. We believe that we will Proposed Rule Change and Timing for Copies of the filing also will be available continue to have adequate capacity to Commission Action for inspection and copying at the co-locate Participant computer Within 35 days of the date of principal office of the Exchange. All hardware and network connections publication of this notice in the Federal comments received will be posted equipment for the foreseeable future. If Register or within such longer period (i) without change; the Commission does for some reason that our capacity was as the Commission may designate up to not edit personal identifying information from submissions. You exceeded, we would file a rule proposal 90 days of such date if it finds such should submit only information that with the Commission seeking to adopt longer period to be appropriate and you wish to make available publicly. All a fair and neutral policy to publishes its reasons for so finding or submissions should refer to File accommodate requests to co-locate. (ii) as to which the self-regulatory Number SR–CHX–2009–18 and should organization consents, the Commission be submitted on or before February 4, 2. Statutory Basis will: 2010. The Exchange believes that the (A) By order approve the proposed For the Commission, by the Division of proposed rule change is consistent with rule change, or (B) Institute proceedings to determine Trading and Markets, pursuant to delegated Section 6(b) of the Act 10 in general, and 13 whether the proposed rule change authority. furthers the objectives of Section 6(b)(4) should be disapproved. Florence E. Harmon, of the Act 11 in particular, in that it Deputy Secretary. provides for the equitable allocation of IV. Solicitation of Comments [FR Doc. 2010–541 Filed 1–13–10; 8:45 am] reasonable dues, fees and other charges Interested persons are invited to BILLING CODE 8011–01–P among its members. The Exchange submit written data, views, and believes that the co-location charges are arguments concerning the foregoing, fair and reasonable inasmuch as they including whether the proposed rule SECURITIES AND EXCHANGE offset the Exchange’s expenses involved change is consistent with the Act. COMMISSION in providing co-location services. The Comments may be submitted by any of [Release No. 34–61309; File No. SR–NYSE– Exchange also believes that proposed the following methods: 2009–133] rule change furthers the objectives of Electronic Comments Section 6(b)(5) in particular,12 in that it Self-Regulatory Organizations; Notice is designed to promote just and • Use the Commission’s Internet of Filing and Immediate Effectiveness equitable principles of trade, to foster comment form (http://www.sec.gov/ of Proposed Rule Change by New York cooperation and coordination with rules/sro.shtml); or Stock Exchange LLC To Modify the • persons engaged in facilitating Send an e-mail to rule- Liquidity Credits Paid to Supplemental transaction in securities, to remove [email protected]. Please include File Liquidity Providers impediments and perfect the Number SR–CHX–2009–18 on the subject line. January 7, 2010. mechanisms of a free and open market, Pursuant to Section 19(b)(1) 1 of the and, in general, to protect investors and Paper Comments Securities Exchange Act of 1934 (the the public interest. By providing co- • Send paper comments in triplicate ‘‘Act’’),2 and Rule 19b–4 thereunder,3 location services in a fair and to Elizabeth M. Murphy, Secretary, notice is hereby given that on December evenhanded manner to interested Securities and Exchange Commission, 30, 2009, New York Stock Exchange Participants, the Exchange believes that 100 F Street, NE., Washington, DC LLC (the ‘‘NYSE’’ or the ‘‘Exchange’’) it is contributing to the rapid 20549–1090. filed with the Securities and Exchange transmission of order and trade-related All submissions should refer to File Commission (the ‘‘Commission’’) the messages which are vital to the effective Number SR–CHX–2009–18. This file proposed rule changes as described in functioning of the national market number should be included on the Items I, II and III below, which items system. subject line if e-mail is used. To help the have been prepared by the Exchange. Commission process and review your The Commission is publishing this B. Self-Regulatory Organization’s notice to solicit comments on the Statement on Burden on Competition comments more efficiently, please use only one method. The Commission will proposed rule changes from interested persons. The Exchange does not believe that post all comments on the Commission’s the proposed rule change will result in Internet Web site (http://www.sec.gov/ I. Self-Regulatory Organization’s any burden on competition that is not rules/sro.shtml). Copies of the Statement of the Terms of Substance of necessary or appropriate in furtherance submission, all subsequent the Proposed Rule Change of the purposes of the Act. amendments, all written statements The Exchange proposes to amend its with respect to the proposed rule schedule of credits paid to C. Self-Regulatory Organization’s change that are filed with the Supplemental Liquidity Providers Statement on Comments on the Commission, and all written (‘‘SLPs’’) (i) to clarify that the current Proposed Rule Change Received From communications relating to the credits paid to SLPs relate only to Members, Participants or Others proposed rule change between the transactions in securities with a trading Commission and any person, other than price of $1.00 or more and (ii) to No written comments were either those that may be withheld from the solicited or received. establish a liquidity credit for public in accordance with the transactions in securities with a trading provisions of 5 U.S.C. 552, will be available for inspection and copying in 13 17 CFR 200.30–3(a)(12). 10 15 U.S.C. 78f. the Commission’s Public Reference 1 15 U.S.C. 78s(b)(1). 11 15 U.S.C. 78f(b)(4). Room, 100 F Street, NE., Washington, 2 15 U.S.C. 78a et seq. 12 15 U.S.C. 78f(b)(5). DC 20549, on official business days 3 17 CFR 240.19b–4.

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price of less than $1.00. The text of the reasonable dues, fees and other charges 100 F Street, NE., Washington, DC proposed rule change is available on the among its members and other persons 20549–1090. Exchange’s Web site (http:// using its facilities. The Exchange www.nyse.com), at the Exchange’s believes that the proposal does not All submissions should refer to File No. Office of the Secretary, and at the constitute an inequitable allocation of SR–NYSE–2009–133. This file number Commission’s Public Reference Room. dues, fees and other charges, as the should be included on the subject line liquidity provided by SLPs is an if e-mail is used. To help the II. Self-Regulatory Organization’s Commission process and review your Statement of the Purpose of, and important part of the NYSE market model and it is therefore appropriate to comments more efficiently, please use Statutory Basis for, the Proposed Rule only one method. The Commission will Change structure credits to incent liquidity provision by SLPs. post all comments on the Commission’s In its filing with the Commission, the Internet Web site (http://www.sec.gov/ self-regulatory organization included B. Self-Regulatory Organization’s rules/sro.shtml). Copies of the Statement on Burden on Competition statements concerning the purpose of submission,8 all subsequent and basis for the proposed rule change The Exchange does not believe that amendments, all written statements and discussed any comments it received the proposed rule change will impose with respect to the proposed rule on the proposed rule change. The text any burden on competition that is not change that are filed with the of these statements may be examined at necessary or appropriate in furtherance Commission, and all written the places specified in Item IV below. of the purpose of the Act. communications relating to the The NYSE has prepared summaries, set forth in Sections A, B and C below, of C. Self-Regulatory Organization’s proposed rule change between the the most significant aspects of such Statement on Comments on the Commission and any person, other than statements. Proposed Rule Change Received From those that may be withheld from the Members, Participants or Others public in accordance with the A. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be Statement of the Purpose of, and Written comments were neither solicited nor received. available for inspection and copying in Statutory Basis for, the Proposed Rule the Commission’s Public Reference Change III. Date of Effectiveness of the Room, 100 F Street, NE., Washington, 1. Purpose Proposed Rule Change and Timing for DC 20549, on official business days Commission Action The NYSE pays credits to SLPs for between the hours of 10 a.m. and 3 p.m. providing liquidity in transactions in The foregoing rule change is effective Copies of such filing also will be securities with a trading price of $1.00 upon filing pursuant to Section available for inspection and copying at or more. There are several different tiers 19(b)(3)(A) 6 of the Act and Rule 19b– the principal office of NYSE. All at which these credits are paid, based on 4(f)(2) 7 thereunder. comments received will be posted (i) whether the SLP has met the 3% At any time within 60 days of the without change; the Commission does average or more quoting requirement filing of the proposed rule change, the not edit personal identifying (the ‘‘Quoting Requirement’’) in Rule Commission may summarily abrogate information from submissions. You 107B for the applicable security and (ii) such rule change if it appears to the should submit only information that the amount of the SLPs average daily Commission that such action is you wish to make available publicly. All trading volume (‘‘ADV’’) in the security necessary or appropriate in the public submissions should refer to File No. in the applicable month. While the interest, for the protection of investors, SR–NYSE–2009–133 and should be Exchange has always applied its or otherwise in furtherance of the submitted on or before February 4, existing credits for SLPs only to purposes of the Act. 2010.9 transactions in securities with a trading IV. Solicitation of Comments price of $1.00 or more, this is not For the Commission, by the Division of apparent on the face of the price list. Interested persons are invited to Trading and Markets, pursuant to delegated Therefore, the Exchange proposes to submit written data, views, and authority. clarify the price list by amending it to arguments concerning the foregoing, Florence E. Harmon, specify that the current SLP liquidity including whether the proposed rule Deputy Secretary. credits apply only to transactions in change is consistent with the Act. [FR Doc. 2010–543 Filed 1–13–10; 8:45 am] securities with a trading price of $1.00 Comments may be submitted by any of BILLING CODE 8011–01–P or more. In addition, the Exchange is the following methods: adopting a new $0.0005 per share credit Electronic Comments which will be paid to SLPs when they add liquidity in a security with a trading • Use the Commission’s Internet price of less than $1.00 with respect to comment form http://www.sec.gov/ which they have met the Quoting rules/sro.shtml); or Requirement for the applicable month. • Send an e-mail to rule- [email protected]. Please include File 2. Statutory Basis No. SR–NYSE–2009–133 on the subject The Exchange believes that the line. proposed rule change is consistent with the provisions of Section 6 4 of the Act Paper Comments in general and Section 6(b)(4) of the • Send paper comments in triplicate Act 5 in particular, in that it is designed to Elizabeth M. Murphy, Secretary, to provide for the equitable allocation of Securities and Exchange Commission, 8 The text of the proposed rule change is available on the Commission’s Web site at 4 15 U.S.C. 78f. 6 15 U.S.C. 78s(b)(3)(A). http://www.sec.gov. 5 15 U.S.C. 78f(b)(4). 7 17 CFR 240.19b–4(f)(2). 9 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE set forth in sections A, B, and C below, ‘‘Exchange Act’’), in general, and COMMISSION of the most significant parts of such furthers the objectives of Section statements. 6(b)(5) 8 in particular in that it is [Release No. 34–61313; File No. SR– designed to prevent fraudulent and NYSEArca–2009–116] A. Self-Regulatory Organization’s manipulative acts and practices, to Statement of the Purpose of, and promote just and equitable principles of Self-Regulatory Organizations; NYSE Statutory Basis for, the Proposed Rule trade, to foster cooperation and Arca, Inc.; Notice of Filing and Change Immediate Effectiveness of Proposed coordination with persons engaged in Rule Change Amending Rule 2.3 1. Purpose facilitating transactions in securities, The Exchange proposes to amend and to remove impediments to and January 7, 2010. NYSE Arca Equities Rule 2.3 to permit perfect the mechanism of a free and Pursuant to Section 19(b)(1) 1 of the the Exchange to offer an expedited open market and a national market Securities Exchange Act of 1934 application process for Equity Trading system. The exchange seeks to revise its (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Permit (‘‘ETP’’) 6 applicants that are membership rules so that ETP notice is hereby given that on December current NYSE Arca Options Trading applicants are not unnecessarily 22, 2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ Permit (‘‘OTP’’) Holders. burdened by duplicative review or the ‘‘Exchange’’) filed with the Currently, the NYSE Arca ETP procedures. Securities and Exchange Commission application process does not take into (the ‘‘Commission’’) the proposed rule B. Self-Regulatory Organization’s consideration an applicant’s OTP status. change as described in Items I and II Statement on Burden on Competition This creates a duplicative application below, which Items have been prepared The Exchange does not believe that review because the requirements to by the self-regulatory organization. the proposed rule change will impose become a NYSE Arca OTP Holder are NYSE Arca filed the proposed rule any burden on competition that is not substantially similar to the NYSE Arca change as a ‘‘non-controversial’’ necessary or appropriate in furtherance ETP requirements and satisfy the proposal pursuant to Section 19(b)(3)(A) of the purposes of the Act. criteria reviewed in the NYSE Arca ETP of the Act 4 and Rule 19b–4(f)(6) application process. Additionally, the C. Self-Regulatory Organization’s thereunder,5 which renders the proposal rules related to registration are Statement on Comments on the effective upon filing with the substantially similar for both ETP and Proposed Rule Change Received From Commission. The Commission is OTP applicants. This proposed rule Members, Participants, or Others publishing this notice to solicit would eliminate inefficiencies and comments on the proposed rule change No written comments were solicited unnecessary burdens by creating an from interested persons. or received with respect to the proposed expedited application process for rule change. I. Self-Regulatory Organization’s applicants who are NYSE Arca OTP Statement of the Terms of Substance of Holders. III. Date of Effectiveness of the the Proposed Rule Change This proposal is substantially similar Proposed Rule Change and Timing for Commission Action The Exchange proposes to amend to previously approved Nasdaq Rule NYSE Arca Equities Rule 2.3 governing 1013(a)(5)(C) and Nasdaq OMX BX Rule The Exchange has filed the proposed ETP Application Procedures. The text of 1013(a)(5)(C). Accordingly, the rule change pursuant to Section the proposed rule change is available on Exchange proposes to revise NYSE Arca 19(b)(3)(A)(iii) of the Act 9 and Rule the Exchange’s Web site at http:// Equities Rule 2.3 by adding the 19b–4(f)(6) thereunder.10 Because the www.nyse.com, on the Commission’s following as new subsection (b): proposed rule change does not: (i) Web site at http://www.sec.gov, at the An applicant that is an approved NYSE Significantly affect the protection of Exchange, and at the Commission’s Arca OTP Holder may apply to become an investors or the public interest; (ii) Public Reference Room. A copy of this ETP Holder through an expedited process, by impose any significant burden on filing is available on the Exchange’s submitting a Short Form ETP Holder competition; and (iii) become operative Application and an NYSE Arca Equities User prior to 30 days from the date on which Web site at http://www.nyse.com, at the Agreement. The Short Form ETP Holder Exchange’s principal office and at the it was filed, or such shorter time as the Application shall contain information Commission may designate if consistent Commission’s Public Reference Room. sufficient to establish the identity of the with the protection of investors and the II. Self-Regulatory Organization’s applicant as an approved NYSE Arca OTP Holder, its proposed activity on the public interest, the proposed rule Statement of the Purpose of, and Exchange, and certain contact personnel, in change has become effective pursuant to Statutory Basis for, the Proposed Rule addition to any other information that may be Section 19(b)(3)(A) of the Act 11 and Change required by the Exchange. Rule 19b–4(f)(6)(iii) thereunder.12 At any time within 60 days of the In its filing with the Commission, the In doing so, the Exchange will offer filing of the proposed rule change, the self-regulatory organization included NYSE Arca OTP Holders an expedited statements concerning the purpose of, and efficient ETP application process 8 15 U.S.C. 78f(b)(5). and basis for, the proposed rule change consistent with procedures established and discussed any comments it received 9 15 U.S.C. 78s(b)(3)(A)(iii). on other exchanges. 10 on the proposed rule change. The text 17 CFR 240.19b–4(f)(6). 2. Statutory Basis 11 15 U.S.C. 78s(b)(3)(A). of those statements may be examined at 12 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule the places specified in Item IV below. The proposed rule change is 19b–4(f)(6)(iii) requires a self-regulatory The Exchange has prepared summaries, consistent with Section 6(b) 7 of the organization to provide the Commission with written notice of its intent to file the proposed rule Securities Exchange Act of 1934 (the change, along with a brief description and text of 1 15 U.S.C. 78s(b)(1). the proposed rule change, at least five business days 2 15 U.S.C. 78a. 6 See NYSE Arca Equities Rule 1.1(m) (definition prior to the date of filing of the proposed rule 3 17 CFR 240.19b–4. of ETP); see also NYSE Arca Equities Rule 1.1(n) change, or such shorter time as designated by the 4 15 U.S.C. 78s(b)(3)(A). (definition of ETP Holder). Commission. The Exchange has fulfilled this 5 17 CFR 240.19b–4(f)(6). 7 15 U.S.C. 78f(b). requirement.

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Commission may summarily abrogate should be submitted on or before the remedies requested.5 If a party’s such rule change if it appears to the February 4, 2010. claims do not comply with the Commission that such action is For the Commission, by the Division of Customer Code or Industry Code, as necessary or appropriate in the public Trading and Markets, pursuant to delegated applicable, those claims are considered interest, for the protection of investors, authority.13 deficient.6 FINRA received inquiries or otherwise in furtherance of the Florence E. Harmon, from constituents on how the arbitration purposes of the Act. Deputy Secretary. forum determines the date of filing of a claim that was deficient when filed, but IV. Solicitation of Comments [FR Doc. 2010–545 Filed 1–13–10; 8:45 am] is later corrected. BILLING CODE 8011–01–P Interested persons are invited to To address these constituents’ submit written data, views, and concerns, FINRA proposed to amend arguments concerning the foregoing, SECURITIES AND EXCHANGE Rules 12307(b) of the Customer Code including whether the proposed rule COMMISSION and 13307(b) of the Industry Code to change is consistent with the Act. clarify the date of filing of a deficient Comments may be submitted by any of [Release No. 34–61311; File No. SR–FINRA– claim when the deficiency is corrected 2009–072] the following methods: within 30 days from the time the party Electronic Comments Self-Regulatory Organizations; receives notice of the deficiency (the • Use the Commission’s Internet Financial Industry Regulatory ‘‘Deficiency Period’’). As amended, these comment form (http://www.sec.gov/ Authority, Inc.; Order Approving rules would provide that if the rules/sro.shtml); or Proposed Rule Change To Amend the deficiency is corrected within the • Send an e-mail to rule- Deficient Claims Rules of the Codes of Deficiency Period, the claim will be [email protected]. Please include File Arbitration Procedure for Customer considered filed on the date the initial Number SR–NYSEArca–2009–116 on and Industry Disputes statement of claim was filed. the subject line. Two commenters addressed the January 7, 2010. proposed rule change and both urged Paper Comments I. Introduction the Commission to approve it. • Send paper comments in triplicate III. Discussion and Commission to Elizabeth M. Murphy, Secretary, On October 28, 2009, Financial Findings Securities and Exchange Commission, Industry Regulatory Authority, Inc. 100 F Street, NE., Washington, DC (‘‘FINRA’’) (f/k/a National Association of The Commission finds the proposed 20549–1090. Securities Dealers, Inc. (‘‘NASD’’)) filed rule change to be consistent with the All submissions should refer to File with the Securities and Exchange requirements of the Act and the rules Number SR–NYSEArca–2009–116. This Commission (the ‘‘Commission’’), and regulations thereunder applicable to file number should be included on the pursuant to Section 19(b)(1) of the a national securities association.7 In subject line if e-mail is used. To help the Securities Exchange Act of 1934 particular, the Commission finds that 1 2 Commission process and review your (‘‘Act’’) and Rule 19b–4 thereunder, a the proposed rule change is consistent comments more efficiently, please use proposed rule change to amend Rule with Section 15A(b)(6) of the Act in that only one method. The Commission will 12307 of the Code of Arbitration for it is designed, among other things, to post all comments on the Commission’s Customer Disputes (the ‘‘Customer promote just and equitable principles of Internet Web site (http://www.sec.gov/ Code’’) and Rule 13307 of the Code of trade and to protect investors and the rules/sro.shtml). Copies of the Arbitration for Industry Disputes (the public interest. submission, all subsequent ‘‘Industry Code’’) (collectively, the The Commission believes it is amendments, all written statements ‘‘Codes’’) to clarify the date of filing of important to provide persons using with respect to the proposed rule an arbitration claim once a deficiency is FINRA’s arbitration forum clear change that are filed with the corrected. The proposed Rule change guidance on how to determine the date Commission, and all written was published for comment in the of filing of a deficient claim. The 3 communications relating to the Federal Register on December 2, 2009. proposed rule change should eliminate proposed rule change between the The Commission received two comment confusion, provide transparency Commission and any person, other than letters, both of which supported the concerning forum practice, and enhance 4 those that may be withheld from the proposed rule change. This order the efficiency of case administration. public in accordance with the approves the proposed rule change. IV. Conclusion provisions of 5 U.S.C. 552, will be II. Description of the Proposal available for inspection and copying in It is therefore ordered, pursuant to When parties initiate arbitration the Commission’s Public Reference Section 19(b)(2) of the Act,8 that the claims in FINRA’s arbitration forum, Room, 100 F Street, NE., Washington, proposed rule change (SR–FINRA– they must file a signed and dated DC 20549, on official business days 2009–072) be, and hereby is, approved. submission agreement, pay all required between the hours of 10 a.m. and 3 p.m. filing fees, and provide a statement of Copies of the filing also will be available 5 claim explaining the facts and outlining Rule 12302(a)(1) of the Customer Code and Rule for inspection and copying at the 13302(a)(1) of the Industry Code. principal office of the Exchange. All 6 A claim may be deficient because, for example, 13 17 CFR 200.30–3(a)(12). the party failed to file a properly signed and dated comments received will be posted 1 15 U.S.C. 78s(b)(1). submission agreement, failed to pay all required without change; the Commission does 2 17 CFR 240.19b–4. filing fees, or failed to file the correct number of not edit personal identifying 3 74 FR 63167 (Dec. 2, 2009). copies of the submission agreement, statement of information from submissions. You 4 See letters from William A. Jacobson, Esq., claim or other supporting documents. should submit only information that Associate Clinical Professor of Law, Director, 7 In approving the proposed rule change, the Cornell Securities Law Clinic and Sang Joon Kim, Commission has considered the proposed rule’s you wish to make available publicly. All student, dated December 9, 2009, and Scott R. impact on efficiency, competition, and capital submissions should refer to File Shewan, President, Public Investors Arbitration Bar formation. See 15 U.S.C. 78c(f). Number SR–NYSEArca–2009–116 and Association, dated December 17, 2009. 8 15 U.S.C. 78s(b)(2).

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For the Commission, by the Division of The Exchange has prepared summaries, B. Self-Regulatory Organization’s Trading and Markets, pursuant to delegated set forth in sections A, B, and C below, Statement on Burden on Competition authority.9 of the most significant parts of such The Exchange does not believe that Florence E. Harmon, statements. the proposed rule change will impose Deputy Secretary. any burden on competition that is not [FR Doc. 2010–544 Filed 1–13–10; 8:45 am] A. Self-Regulatory Organization’s Statement of the Purpose of, and the necessary or appropriate in furtherance BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule of the purposes of the Act. Change C. Self-Regulatory Organization’s Statement on Comments on the SECURITIES AND EXCHANGE 1. Purpose COMMISSION Proposed Rule Change Received From Members, Participants, or Others [Release No. 34–61310; File No. SR– NYSE Amex currently pays a rebate of NYSEAmex–2009–102] $0.0030 per share to customers No written comments were solicited providing liquidity in securities with a or received with respect to the proposed Self-Regulatory Organizations; Notice trading price of at least $1.00 per share. rule change. of Filing and Immediate Effectiveness With effect from January 1, 2010, this III. Date of Effectiveness of the of Proposed Rule Change by NYSE rebate will decrease to $0.0015 per Proposed Rule Change and Timing for Amex LLC To Modify Its Liquidity share. Commission Action Credits and Establish Separate In a recent filing, the Exchange The foregoing rule change is effective Liquidity Credits for Supplemental established a Supplemental Liquidity Liquidity Providers upon filing pursuant to Section Provider (‘‘SLP’’) program.4 The 19(b)(3)(A) 7 of the Act and January 7, 2010. Exchange proposes to establish a system subparagraph (f)(2) of Rule 19b–4 8 Pursuant to Section 19(b)(1) 1 of the of credits payable to SLPs when they thereunder, because it establishes a due, Securities Exchange Act of 1934 (the provide liquidity to the Exchange. The fee, or other charge imposed by NYSE ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Exchange will pay a credit of $0.0020 Amex. notice is hereby given that, on December per share to SLPs when they add At any time within 60 days of the 31, 2009, NYSE Amex LLC (‘‘NYSE liquidity to the Exchange in securities filing of the proposed rule change, the Amex’’ or the ‘‘Exchange’’) filed with the with a per share price of $1.00 or more, Commission may summarily abrogate Securities and Exchange Commission if the SLP meets the 3% average or more such rule change if it appears to the (the ‘‘Commission’’) the proposed rule quoting requirement in an assigned Commission that such action is change as described in Items I, II, and security pursuant to Rule 107B. necessary or appropriate in the public III below, which Items have been However, if the SLP does not meet the interest, for the protection of investors, prepared by the self-regulatory 3% average or more quoting or otherwise in furtherance of the organization. The Commission is requirement in an assigned security purposes of the Act. publishing this notice to solicit pursuant to Rule 107B, it will be comments on the proposed rule change entitled to the same $0.0015 per share IV. Solicitation of Comments from interested persons. credit payable to all customers when Interested persons are invited to adding liquidity to the Exchange in submit written data, views, and I. Self-Regulatory Organization’s securities with a per share price of $1.00 arguments concerning the foregoing, Statement of the Terms of Substance of or more. The Exchange will pay a credit including whether the proposed rule the Proposed Rule Change of $0.0005 per share to SLPs when they change is consistent with the Act. The Exchange proposes to modify its add liquidity to the Exchange in Comments may be submitted by any of liquidity credits and establish liquidity securities with a per share price of less the following methods: credits for Supplemental Liquidity than $1.00, if the SLP meets the 3% Electronic Comments Providers (‘‘SLPs’’). These changes will average or more quoting requirement in • take effect on January 1, 2010. The text an assigned security pursuant to Rule Use the Commission’s Internet of the proposed rule change is available 107B. comment form (http://www.sec.gov/ at the Exchange, the Commission’s rules/sro.shtml); or • Public Reference Room, and http:// 2. Statutory Basis Send an e-mail to rule- www.nyse.com. [email protected]. Please include File The Exchange believes that the No. SR–NYSEAmex–2009–102 on the II. Self-Regulatory Organization’s proposed rule change is consistent with subject line. Statement of the Purpose of, and the provisions of Section 6 5 of the Act Statutory Basis for, the Proposed Rule in general and Section 6(b)(4) of the Paper Comments Change Act 6 in particular, in that it is designed • Send paper comments in triplicate In its filing with the Commission, the to provide for the equitable allocation of to Elizabeth M. Murphy, Secretary, self-regulatory organization included reasonable dues, fees and other charges Securities and Exchange Commission, statements concerning the purpose of, among its members and other persons 100 F Street, NE., Washington, DC and basis for, the proposed rule change using its facilities. The Exchange 20549–1090. and discussed any comments it received believes that the proposal does not All submissions should refer to File No. on the proposed rule change. The text constitute an inequitable allocation of SR–NYSEAmex–2009–102. This file of those statements may be examined at dues, fees and other charges as all number should be included on the the places specified in Item IV below. similarly situated member organizations subject line if e-mail is used. To help the will be subject to the same fee structure. Commission process and review your 9 17 CFR 200.30–3(a)(12). comments more efficiently, please use 1 15 U.S.C. 78s(b)(1). 4 See SR–NYSEAmex–2009–98. 2 15 U.S.C. 78a. 5 15 U.S.C. 78f. 7 15 U.S.C. 78s(b)(3)(A). 3 17 CFR 240.19b–4. 6 15 U.S.C. 78f(b)(4). 8 17 CFR 240.19b–4(f)(2).

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only one method. The Commission will • Title of Information Collection: Iran Methodology post all comments on the Commission’s Program Grants Internet Web site (http://www.sec.gov/ • OMB Control Number: 1405–0176 We will collect this information either rules/sro.shtml). Copies of the • Type of Request: Extension of a through fax or electronic submission. submission,9 all subsequent Currently Approved Collection Additional Information amendments, all written statements • Originating Office: Office of Iranian with respect to the proposed rule Affairs, Bureau of Near Eastern Affairs Provide background or other change that are filed with the (NEA/IR) information as applicable or useful. This • Commission, and all written Form Number: DS–4100 is optional. • Respondents: Potential grantees and communications relating to the Dated: January 5, 2010. proposed rule change between the participants for Iran programs • Estimated Number of Respondents: Sara Horner, Commission and any person, other than Office Director, Office of Iranian Affairs, those that may be withheld from the 100 • Estimated Number of Responses: Bureau of Near Eastern Affairs, Department public in accordance with the 200 of State. provisions of 5 U.S.C. 552, will be • Average Hours Per Response: 1 [FR Doc. 2010–599 Filed 1–13–10; 8:45 am] available for inspection and copying in • Total Estimated Burden: 200 BILLING CODE 4710–31–P the Commission’s Public Reference • Frequency: On occasion Room, 100 F Street, NE., Washington, • Obligation to Respond: Required to DC 20549, on official business days Obtain DEPARTMENT OF STATE between the hours of 10 a.m. and 3 p.m. DATE(S): The Department will accept Copies of such filing also will be comments from the public up to 60 days [Public Notice 6865] available for inspection and copying at from January 14, 2010. the principal office of NYSE Amex. All FOR FURTHER INFORMATION CONTACT: Bureau of Educational and Cultural comments received will be posted Direct requests for additional Affairs (ECA) Request for Grant without change; the Commission does information regarding the collection Proposals: Global Undergraduate not edit personal identifying listed in this notice, including requests Exchange Program for Pakistan information from submissions. You for copies of the proposed information should submit only information that collection and supporting documents, to Announcement Type: New you wish to make available publicly. All Danika Walters, Bureau of Near Eastern Cooperative Agreement. submissions should refer to File No. Affairs, U.S. Department of State, Funding Opportunity Number: ECA/ SR–NYSEAmex–2009–102 and should Washington, DC 20520, who may be A/E/SCA–10–01. be submitted on or before February 4, reached on 202–647–1347, or via e-mail 2010. Catalog of Federal Domestic Assistance at [email protected]. Number: 19.009. For the Commission, by the Division of SUPPLEMENTARY INFORMATION: We are Key Dates: Application Deadline: Trading and Markets, pursuant to delegated soliciting public comments to permit authority.10 February 15, 2010. the Department to: Florence E. Harmon, • Evaluate whether the proposed Executive Summary: The Office of Deputy Secretary. information collection is necessary for Academic Exchange Programs of the [FR Doc. 2010–542 Filed 1–13–10; 8:45 am] the proper performance of our Bureau of Educational and Cultural BILLING CODE 8011–01–P functions. Affairs announces an open competition • Evaluate the accuracy of our to administer the FY2010 Global estimate of the burden of the proposed Undergraduate Exchange Program for Pakistan. Public and private non-profit DEPARTMENT OF STATE collection, including the validity of the methodology and assumptions used. organizations meeting the provisions [Public Notice: 6821] • Enhance the quality, utility, and described in Internal Revenue Code clarity of the information to be section 26 USC 501(c)(3) in the United 60-Day Notice of Proposed Information collected. States may submit proposals to organize Collection: DS–4100, Iran Program • Minimize the reporting burden on and carry out academic exchange Grants Vetting, Information Collection those who are to respond, including the activities for students from 1405–0176 use of automated collection techniques underrepresented sectors in Pakistan. or other forms of technology. The recipient organization will be ACTION: Notice of request for public responsible for the following aspects of comments. Abstract of Proposed Collection the program: Placement of no less than The State Department has made the 100 foreign students at accredited U.S. SUMMARY: The Department of State is awarding of grants a key component of institutions (50 for fall semester 2010, seeking Office of Management and its Iran policy. As a condition of 50 spring semester 2011) student travel Budget (OMB) approval for the licensing these activities, the Office of to the U.S., orientation, enrichment information collection described below. Foreign Assets Control (OFAC) programming, advising, monitoring and The purpose of this notice is to allow 60 mandates that the Department conduct support, pre-return activities, days for public comment in the Federal a vetting of potential Iran programs evaluation, and follow-up with program Register preceding submission to OMB. grantees and sub-grantees for counter- alumni. Support for this program is We are conducting this process in terrorism purposes. To conduct this being provided from special FY2009/ accordance with the Paperwork vetting the Department envisions FY2010 supplemental funds that have Reduction Act of 1995. collecting information from grantees been appropriated to the Department. It and sub-grantees regarding the identity is anticipated that the total amount of 9 The text of the proposed rule change is available on the Commission’s Web site at http:// and background of their key employees, funding for FY2010 administrative and www.sec.gov. board of directors, and program program costs will be $2,000,000 10 17 CFR 200.30–3(a)(12). participants. pending availability of funds.

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I. Funding Opportunity Description both two- and four-year U.S. colleges II. Award Information and universities. Authority: Overall grant making Type of Award: Cooperative The recipient organization should authority for this program is contained Agreement. ECA’s level of involvement develop enrichment activities to in the Mutual Educational and Cultural in this program is listed under number enhance the participants’ academic Exchange Act of 1961, Public Law 87– I above. education, including having students 256, as amended, also known as the Fiscal Year Funds: FY2010. participate in community service and Fulbright-Hays Act. The purpose of the Approximate Total Funding: make local presentations about their Act is ‘‘to enable the Government of the $2,000,000. countries. All participants are required United States to increase mutual Approximate Number of Awards: 1. to return to their home countries understanding between the people of Anticipated Award Date: Pending immediately upon the conclusion of the the United States and the people of availability of funds, the anticipated program. Transfers of academic program other countries * * *; to strengthen the program start date will be May 1, 2010. or visa sponsorship of participants to ties which unite us with other nations Anticipated Project Completion Date: another U.S. institution will not be by demonstrating the educational and December 31, 2011. considered. cultural interests, developments, and Additional Information: At this time, achievements of the people of the ECA will award one cooperative support for this program is being United States and other nations * * * agreement for this program. Programs provided from special one-time FY2009/ and thus to assist in the development of and projects must conform to Bureau FY2010 supplemental funds that have friendly, sympathetic and peaceful requirements and guidelines outlined in been appropriated to the Department. In relations between the United States and the Solicitation Package. ECA programs the event that additional funds become the other countries of the world.’’ The are subject to the availability of funds. available in fiscal years 2011 and 2012, funding authority for the program above Programs must comply with J–1 Visa and pending successful implementation is provided through legislation. regulations. Please refer to the of the FY2010 funded program, ECA Purpose: The principal objective of Solicitation Package for further reserves the right to renew this grant for the Global Undergraduate Exchange information. two additional fiscal years before openly Program for Pakistan (herein referred to In a cooperative agreement, the South competing it again. as the ‘‘Global UGRAD—Pakistan’’) is to and Central Asia Programs Branch of the III. Eligibility Information provide a substantive exchange Office of Academic Exchange Programs III.1. Eligible Applicants: Applications experience at a U.S. college or in the Bureau of Educational and may be submitted by public and private university to a diverse group of Cultural Affairs (ECA/A/E/SCA) is non-profit organizations meeting the emerging student leaders from substantially involved in program provisions described in Internal underrepresented sectors in Pakistan. In activities above and beyond routine Revenue Code section 26 USC 501(c)(3). this context, the recipient organization grant monitoring. ECA/A/E/SCA III.2. Cost-Sharing or Matching Funds: should ensure that participants are able activities and responsibilities for this There is no minimum or maximum to enroll full-time in courses at U.S. program are, but not limited to, the percentage required for this institutions alongside U.S. peers, and following: competition. However, the Bureau provide the participants with 1. Participating in the design and encourages applicants to provide opportunities and enrichment activities direction of program activities; maximum levels of cost sharing and designed to help them understand the 2. Approval of key personnel; funding in support of its programs. U.S. and U.S. citizens inside and 3. Final selection of program When cost sharing is offered, it is outside the classroom. participants; understood and agreed that the Participants will return to their home 4. Approval and input for all program applicant must provide the amount of countries at the conclusion of the agendas and timelines; cost sharing as stipulated in its proposal exchange program to re-enter colleges 5. Final approval of all student and later included in an approved grant and universities there, and re-integrate placements; agreement. Cost sharing may be in the with their home societies. 6. Final approval of internship form of allowable direct or indirect An objective of the program is to placements; costs. For accountability, you must provide participants with tailored 7. Guidance in execution of all project maintain written records to support all instruction in the academic skills and components; costs which are claimed as your study habits required to be successful at 8. Arrangement for State Department contribution, as well as costs to be paid the undergraduate level as well as be speakers during workshops; by the Federal Government. Such better prepared for higher level studies 9. Assistance with participant records are subject to audit. The basis in the U.S. in the future. emergencies; for determining the value of cash and The Global UGRAD—Pakistan will 10. Providing background information in-kind contributions must be in provide no less than 100 scholarships— related to participants’ home countries accordance with OMB Circular A–110, 50 for fall semester, 50 for spring and cultures; and (Revised), Subpart C.23—Cost Sharing semester—at U.S. institutions of higher 11. Liaison with Public Affairs and Matching. In the event you do not education to outstanding students from Sections of the U.S. Embassies and provide the minimum amount of cost non-elite sectors in Pakistan. country desk officers at the State sharing as stipulated in the approved Scholarships will be granted primarily Department. budget, ECA’s contribution will be to students who are currently enrolled reduced in like proportion. in an undergraduate degree program in Note: All materials, publicity, and III.3. Other Eligibility Requirements: correspondence related to the program must their home country, although students acknowledge this as a program of the Bureau (a) Bureau grant guidelines require that just completing their final year of high of Educational and Cultural Affairs, U.S. organizations with less than four years school will also be eligible. The Department of State. The Bureau will retain of experience in conducting recipient organization will place copyright use of and distribute materials international exchange programs will be participants in non-degree programs at related to this program as it sees fit. limited to $60,000. ECA anticipates

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awarding one grant, in the amount of up per the instructions under IV.3f., If your organization is a private to $2,000,000 to support the program Application Deadline and Methods of nonprofit which has not received a grant and administrative costs required to Submission section below. or cooperative agreement from ECA in implement the program. Therefore, IV.3a. You are required to have a Dun the past three years, or if your applicant organizations with less than and Bradstreet Data Universal organization received nonprofit status four years experience in conducting Numbering System (DUNS) number to from the IRS within the past four years, international exchange programs are apply for a grant or cooperative you must submit the necessary ineligible to apply under this agreement from the U.S. Government. documentation to verify nonprofit status competition. The Bureau encourages This number is a nine-digit as directed in the PSI document. Failure applications to provide the maximum identification number, which uniquely to do so will cause your proposal to be levels of cost sharing and funding to in identifies business entities. Obtaining a declared technically ineligible. support of its program. DUNS number is easy and there is no IV.3d. Please take into consideration charge. To obtain a DUNS number, the following information when IV. Application and Submission access http:// preparing your proposal narrative: Information www.dunandbradstreet.com or call 1– IV.3d.1 Adherence to all Regulations Note: Please read the complete 866–705–5711. Please ensure that your Governing the J Visa: The Bureau of announcement before sending inquiries DUNS number is included in the Educational and Cultural Affairs is or submitting proposals. Once the RFGP appropriate box of the SF–424 which is placing renewed emphasis on the secure deadline has passed, Bureau staff may part of the formal application package. and proper administration of Exchange not discuss this competition with IV.3b. All proposals must contain an Visitor (J visa) Programs and adherence applicants until the proposal review executive summary, proposal narrative by grantees and sponsors to all process has been completed. and budget. regulations governing the J visa. Therefore, proposals should Please Refer to the Solicitation IV.1 Contact Information To Request an demonstrate the applicant’s capacity to Package. It contains the mandatory Application Package: meet all requirements governing the Proposal Submission Instructions (PSI) administration of the Exchange Visitor Please contact the South and Central document and the Project Objectives, Programs as set forth in 22 CFR 62, Asia Programs Branch, Office of Goals and Implementation (POGI) including the oversight of Responsible Academic Exchange Programs, ECA/A/ document for additional formatting and Officers and Alternate Responsible E/SCA, SA–5 Floor 4, U.S. Department technical requirements. of State, Washington, DC 20522–0504, Officers, screening and selection of IV.3c. You must have nonprofit status 202–632–3270, Fax: 202–632–9411 or program participants, provision of pre- with the IRS at the time of application. [email protected] to request a arrival information and orientation to Please note: Effective January 7, 2009, Solicitation Package. Please refer to the participants, monitoring of participants, all applicants for ECA federal assistance Funding Opportunity Number ECA/A/ proper maintenance and security of awards must include in their E/SCA–10–01 located at the top of this forms, recordkeeping, reporting and application the names of directors and/ announcement when making your other requirements. or senior executives (current officers, request. The award recipient will be trustees, and key employees, regardless Alternatively, an electronic responsible for issuing DS–2019 forms of amount of compensation). In application package may be obtained to participants in this program. fulfilling this requirement, applicants from grants.gov. Please see section IV.3f A copy of the complete regulations must submit information in one of the for further information. governing the administration of The Solicitation Package contains the following ways: Exchange Visitor (J) programs is Proposal Submission Instruction (PSI) (1) Those who file Internal Revenue available at http://exchanges.state.gov document which consists of required Service Form 990, ‘‘Return of or from: Office of Designation, ECA/EC/ application forms, and standard Organization Exempt From Income D, SA–5, Floor C2, Department of State, guidelines for proposal preparation. Tax,’’ must include a copy of relevant Washington, DC 20522–0582. It also contains the Project Objectives, portions of this form. Please refer to Solicitation Package for Goals and Implementation (POGI) (2) Those who do not file IRS Form further information. document, which provides specific 990 must submit information above in IV.3d.2 Diversity, Freedom and information, award criteria and budget the format of their choice. Democracy Guidelines: Pursuant to the instructions tailored to this competition. In addition to final program reporting Bureau’s authorizing legislation, Please specify Program Officer, requirements, award recipients will also programs must maintain a non-political Theresa Drake, and refer to the Funding be required to submit a one-page character and should be balanced and Opportunity Number ECA/A/E/SCA– document, derived from their program representative of the diversity of 10–01 on all other inquiries and reports, listing and describing their American political, social, and cultural correspondence. grant activities. For award recipients, life. ‘‘Diversity’’ should be interpreted in IV.2. To Download a Solicitation the names of directors and/or senior the broadest sense and encompass Package Via Internet: executives (current officers, trustees, differences including, but not limited to The entire Solicitation Package may and key employees), as well as the one- ethnicity, race, gender, religion, be downloaded from the Bureau’s Web page description of grant activities, will geographic location, socio-economic site at http://exchanges.state.gov/grants/ be transmitted by the State Department status, and physical challenges. open2.html, or from the Grants.gov Web to OMB, along with other information Applicants are strongly encouraged to site at http://www.grants.gov. Please required by the Federal Funding adhere to the advancement of this read all information before Accountability and Transparency Act principle both in program downloading. (FFATA), and will be made available to administration and in program content. IV.3. Content and Form of the public by the Office of Management Please refer to the review criteria under Submission: Applicants must follow all and Budget on its USASpending.gov the ‘Support for Diversity’ section for instructions in the Solicitation Package. Web site as part of ECA’s FFATA specific suggestions on incorporating The application should be submitted reporting requirements. diversity into your proposal. Public Law

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104–319 provides that ‘‘in carrying out achieve and is usually measured as an IV.3e. Please take the following programs of educational and cultural extent of change. Findings on outputs information into consideration when exchange in countries whose people do and outcomes should both be reported, preparing your budget: not fully enjoy freedom and but the focus should be on outcomes. IV.3e.1. Applicants must submit SF– democracy,’’ the Bureau ‘‘shall take We encourage you to assess the 424A—‘‘Budget Information—Non- appropriate steps to provide following four levels of outcomes, as Construction Programs’’ along with a opportunities for participation in such they relate to the program goals set out comprehensive budget for the entire programs to human rights and in the RFGP (listed here in increasing program. There must be a summary democracy leaders of such countries.’’ order of importance): budget as well as breakdowns reflecting Public Law 106–113 requires that the 1. Participant satisfaction with the both administrative and program governments of the countries described program and exchange experience. budgets. Applicants may provide above do not have inappropriate 2. Participant learning, such as separate sub-budgets for each program influence in the selection process. increased knowledge, aptitude, skills, component, phase, location, or activity Proposals should reflect advancement of and changed understanding and to provide clarification. these goals in their program contents, to IV.3e.2. Allowable costs for the attitude. Learning includes both the full extent deemed feasible. program include the following: substantive (subject-specific) learning IV.3d.3. Program Monitoring and 1. Participant expenses. and mutual understanding. Evaluation: Proposals must include a 2. Administrative costs. plan to monitor and evaluate the 3. Participant behavior, concrete Please refer to the Solicitation project’s success, both as the activities actions to apply knowledge in work or Package for complete budget guidelines unfold and at the end of the program. community; greater participation and and formatting instructions. The Bureau recommends that your responsibility in civic organizations; IV.3f. Application Deadline and proposal include a draft survey interpretation and explanation of Methods of Submission: questionnaire or other technique plus a experiences and new knowledge gained; Application Deadline Date: February description of a methodology to use to continued contacts between 15, 2010. link outcomes to original project participants, community members, and Reference Number: ECA/A/E/SCA– objectives. The Bureau expects that the others. 10–01. award recipient will track participants 4. Institutional changes, such as Methods of Submission: Applications or partners and be able to respond to increased collaboration and may be submitted in one of two ways: key evaluation questions, including partnerships, policy reforms, new (1.) In hard-copy, via a nationally satisfaction with the program, learning programming, and organizational recognized overnight delivery service as a result of the program, changes in improvements. (i.e., Federal Express, UPS, Airborne behavior as a result of the program, and Please note: Consideration should be given Express, or U.S. Postal Service Express effects of the program on institutions to the appropriate timing of data collection Overnight Mail, etc.), or (institutions in which participants work for each level of outcome. For example, (2.) Electronically through http:// or partner institutions). The evaluation satisfaction is usually captured as a short- www.grants.gov. plan should include indicators that term outcome, whereas behavior and measure gains in mutual understanding institutional changes are normally Please Note: ECA strongly encourages considered longer-term outcomes. organizations interested in applying for this as well as substantive knowledge. competition to submit printed, hard copy Successful monitoring and evaluation Overall, the quality of your applications as outlined in section IV.3f.1., depend heavily on setting clear goals monitoring and evaluation plan will be below rather than submitting electronically and outcomes at the outset of a program. judged on how well it (1) specifies through Grants.gov. This recommendation is Your evaluation plan should include a intended outcomes; (2) gives clear being made as a result of the anticipated high description of your project’s objectives, volume of grant proposals that will be descriptions of how each outcome will your anticipated project outcomes, and submitted via the Grants.gov webportal as be measured; (3) identifies when how and when you intend to measure part of the Recovery Act stimulus package. particular outcomes will be measured; these outcomes (performance As stated in this RFGP, ECA bears no and (4) provides a clear description of indicators). The more that outcomes are responsibility for data errors resulting from ‘‘smart’’ (specific, measurable, attainable, the data collection strategies for each transmission or conversion processes for proposals submitted via Grants.gov. results-oriented, and placed in a outcome (i.e., surveys, interviews, or reasonable time frame), the easier it will focus groups). (Please note that Along with the Project Title, all be to conduct the evaluation. You evaluation plans that deal only with the applicants must enter the above should also show how your project first level of outcomes [satisfaction] will Reference Number in Box 11 on the SF– objectives link to the goals of the be deemed less competitive under the 424 contained in the mandatory program described in this RFGP. present evaluation criteria.) Proposal Submission Instructions (PSI) Your monitoring and evaluation plan The recipient organization will be of the solicitation document. should clearly distinguish between required to provide reports analyzing IV.3f.1 Submitting Printed program outputs and outcomes. Outputs their evaluation findings to the Bureau Applications: Applications must be are products and services delivered, in their regular program reports. All shipped no later than the above often stated as an amount. Output data collected, including survey deadline. Delivery services used by information is important to show the responses and contact information, must applicants must have in-place, scope or size of project activities, but it be maintained for a minimum of three centralized shipping identification and cannot substitute for information about years and provided to the Bureau upon tracking systems that may be accessed progress towards outcomes or the request. via the Internet and delivery people results achieved. Examples of outputs IV.3d.4. Describe your plans for: i.e. who are identifiable by commonly include the number of people trained or sustainability, overall program recognized uniforms and delivery the number of seminars conducted. management, staffing, coordination with vehicles. Proposals shipped on or before Outcomes, in contrast, represent ECA and PAS or any other the above deadline but received at ECA specific results a project is intended to requirements. more than seven days after the deadline

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will be ineligible for further Grants.gov. Once registered, the amount resulting from transmission or consideration under this competition. of time it can take to upload an conversion processes. Proposals shipped after the established application will vary depending on a IV.3g. Intergovernmental Review of deadlines are ineligible for variety of factors including the size of Applications: Executive Order 12372 consideration under this competition. the application and the speed of your does not apply to this program. ECA will not notify you upon receipt of Internet connection. In addition, application. It is each applicant’s validation of an electronic submission V. Application Review Information responsibility to ensure that each via Grants.gov can take up to two V.1. Review Process: The Bureau will package is marked with a legible business days. review all proposals for technical tracking number and to monitor/confirm Therefore, we strongly recommend eligibility. Proposals will be deemed delivery to ECA via the Internet. that you not wait until the application ineligible if they do not fully adhere to Delivery of proposal packages may not deadline to begin the submission the guidelines stated herein and in the be made via local courier service or in process through Grants.gov. Solicitation Package. All eligible person for this competition. Faxed The Grants.gov Web site includes proposals will be reviewed by the documents will not be accepted at any extensive information on all phases/ program office, as well as the Public time. Only proposals submitted as aspects of the Grants.gov process, Diplomacy section overseas, where stated above will be considered. including an extensive section on appropriate. Eligible proposals will be Important note: When preparing your frequently asked questions, located subject to compliance with Federal and submission please make sure to include one under the ‘‘For Applicants’’ section of Bureau regulations and guidelines and extra copy of the completed SF–424 form and the Web site. ECA strongly recommends forwarded to Bureau grant panels for place it in an envelope addressed to ‘‘ECA/ that all potential applicants review advisory review. Proposals may also be EX/PM’’. thoroughly the Grants.gov Web site, reviewed by the Office of the Legal The original and eight (8) copies of well in advance of submitting a Adviser or by other Department the application should be sent to: Office proposal through the Grants.gov system. elements. Final funding decisions are at of Academic Exchange Programs, ECA/ ECA bears no responsibility for data the discretion of the Department of A/E/SCA, SA–5, 4th Floor, 2200 C errors resulting from transmission or State’s Assistant Secretary for Street, NW., Washington, DC 20037. conversion processes. Educational and Cultural Affairs. Final Applicants submitting hard-copy Direct all questions regarding technical authority for cooperative applications must also submit the Grants.gov registration and submission agreements resides with the Bureau’s ‘‘Executive Summary’’ and ‘‘Proposal to: Grants Officer. ’’ Narrative sections of the proposal in Grants.gov Customer Support Review Criteria text (.txt) format on a PC-formatted disk. Contact Center Phone: 800–518–4726. The Bureau will provide these files Business Hours: Monday–Friday, 7 Technically eligible applications will electronically to the appropriate Public a.m.–9 p.m. Eastern Time. be competitively reviewed according to Affairs Section(s) at the U.S. embassies E-mail: [email protected]. the criteria stated below. These criteria for their review. Applicants have until midnight (12 are not rank ordered and all carry equal IV.3f.2—Submitting Electronic a.m.), Washington, DC time of the weight in the proposal evaluation: Applications: Applicants have the closing date to ensure that their entire 1. Quality of the program idea: option of submitting proposals application has been uploaded to the Proposals should exhibit originality, electronically through Grants.gov Grants.gov site. There are no exceptions substance, precision, and relevance to (http://www.grants.gov). Complete to the above deadline. Applications the Bureau’s mission. solicitation packages are available at uploaded to the site after midnight of 2. Ability to achieve program Grants.gov in the ‘‘Find’’ portion of the the application deadline date will be objectives: Detailed agenda and relevant system. automatically rejected by the grants.gov work plan should demonstrate Please Note: ECA strongly encourages system, and will be technically substantive undertakings and logistical organizations interested in applying for this ineligible. capacity. Agenda and plan should competition to submit printed, hard copy Please refer to the Grants.gov Web adhere to the program overview and applications as outlined in section IV.3f.1. site, for definitions of various guidelines described above. Objectives above, rather than submitting electronically ‘‘application statuses’’ and the difference should be reasonable, feasible, and through Grants.gov. This recommendation is between a submission receipt and a flexible. Proposals should clearly being made as a result of the anticipated high demonstrate how the institution will volume of grant proposals that will be submission validation. Applicants will submitted via the Grants.gov webportal as receive a validation e-mail from meet the program’s objectives and plan. part of the Recovery Act stimulus package. grants.gov upon the successful 3. Multiplier Effect/Impact: Proposed As stated in this RFGP, ECA bears no submission of an application. Again, programs should strengthen long-term responsibility for data errors resulting from validation of an electronic submission mutual understanding, including transmission or conversion processes for via Grants.gov can take up to two maximum sharing of information and proposals submitted via Grants.gov. business days. Therefore, we strongly establishment of long-term institutional Please follow the instructions recommend that you not wait until the and individual linkages. available in the ‘Get Started’ portion of application deadline to begin the 4. Support of Diversity: Proposals the site (http://www.grants.gov/ submission process through Grants.gov. should demonstrate substantive support GetStarted). ECA will not notify you upon receipt of of the Bureau’s policy on diversity. Several of the steps in the Grants.gov electronic applications. Achievable and relevant features should registration process could take several It is the responsibility of all be cited in both program administration weeks. Therefore, applicants should applicants submitting proposals via the (selection of participants, program check with appropriate staff within their Grants.gov web portal to ensure that venue and program evaluation) and organizations immediately after proposals have been received by program content (orientation and wrap- reviewing this RFGP to confirm or Grants.gov in their entirety, and ECA up sessions, program meetings, resource determine their registration status with bears no responsibility for data errors materials and follow-up activities).

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5. Institution’s Record/Capacity: Conditions for the Administration of that can be shared with the Bureau as Proposals should demonstrate an ECA agreements include the following: required. As a minimum, the data must institutional record of successful Office of Management and Budget include the following: Circular A–122, ‘‘Cost Principles for exchange programs, including (1) Name, address, contact Nonprofit Organizations.’’ responsible fiscal management and full information and biographic sketch of all compliance with all reporting Office of Management and Budget persons who travel internationally on requirements for past Bureau grants as Circular A–21, ‘‘Cost Principles for funds provided by the grant or who determined by Bureau Grants Staff. The Educational Institutions.’’ Bureau will consider the past Office of Management and Budget benefit from the grant funding but do performance of prior recipients and the Circular A–87, ‘‘Cost Principles for not travel. demonstrated potential of new State, Local and Indian Governments.’’ (2) Itineraries of international and applicants. OMB Circular No. A–110 (Revised), domestic travel, providing dates of 6. Project Evaluation and Follow-on: Uniform Administrative Requirements travel and cities in which any exchange Proposals should include a plan to for Grants and Agreements with experiences take place. Final schedules evaluate the activity’s success, both as Institutions of Higher Education, for in-country and U.S. activities must the activities unfold and at the end of Hospitals, and other Nonprofit be received by the ECA Program Officer the program. A draft survey Organizations. at least three work days prior to the OMB Circular No. A–102, Uniform questionnaire or other technique plus official opening of the activity. description of a methodology to use to Administrative Requirements for link outcomes to original project Grants-in-Aid to State and Local VII. Agency Contacts Governments. objectives is recommended. Proposals For questions about this should also provide a plan for OMB Circular No. A–133, Audits of announcement, contact: Theresa Drake, continued follow-on activity (with States, Local Government, and Non- South and Central Asia Programs minimal Bureau support) ensuring that profit Organizations Please reference the following Web Bureau supported programs are not Branch, Office of Academic Exchange sites for additional information: http:// isolated events. Programs, ECA/A/E/SCA, SA–5 Floor 4, www.whitehouse.gov/omb/grants; 7. Cost-effectiveness/Cost-sharing: U.S. Department of State, Washington, http://fa.statebuy.state.gov. DC 20522–0504, (202) 632–3277 and The overhead and administrative VI.3. Reporting Requirements: You components of the proposal, including Fax: 202–632–9411, http:// must provide ECA with a hard copy www.exchanges.state.gov. salaries and honoraria, should be kept original plus one copy of the following as low as possible. All other items reports: All correspondence with the Bureau should be necessary and appropriate. (1) A final program and financial concerning this RFGP should reference Proposals should maximize cost-sharing report no more than 90 days after the the above title and number ECA/A/E/ through other private sector support as expiration of the award; SCA–10–01. Please read the complete well as institutional direct funding (2) A concise, one-page final program announcement before sending inquiries contributions. report summarizing program outcomes or submitting proposals. Once the RFGP 8. Value to U.S.-Partner Country no more than 90 days after the deadline has passed, Bureau staff may Relations: Proposed projects should expiration of the award. This one-page not discuss this competition with receive positive assessments by the U.S. report will be transmitted to OMB, and applicants until the proposal review Department of State’s geographic area be made available to the public via process has been completed. desk and overseas officers of program OMB’s USAspending.gov Web site—as need, potential impact, and significance part of ECA’s Federal Funding VIII. Other Information in the partner countries. Accountability and Transparency Act Notice: The terms and conditions VI. Award Administration Information (FFATA) reporting requirements. published in this RFGP are binding and (3) A SF–PPR, ‘‘Performance Progress may not be modified by any Bureau VI.1a. Award Notices: Final awards Report’’ Cover Sheet with all program representative. Explanatory information cannot be made until funds have been reports. appropriated by Congress, allocated and Award recipients will be required to provided by the Bureau that contradicts committed through internal Bureau provide reports analyzing their published language will not be binding. procedures. Successful applicants will evaluation findings to the Bureau in Issuance of the RFGP does not receive an Federal Assistance Award their regular program reports. (Please constitute an award commitment on the (FAA) from the Bureau’s Grants Office. refer to IV. Application and Submission part of the Government. The Bureau The FAA and the original proposal with Instructions (IV.3.d.3) above for Program reserves the right to reduce, revise, or subsequent modifications (if applicable) Monitoring and Evaluation information. increase proposal budgets in accordance shall be the only binding authorizing All data collected, including survey with the needs of the program and the document between the recipient and the responses and contact information, must availability of funds. Awards made will U.S. Government. The FAA will be be maintained for a minimum of three be subject to periodic reporting and signed by an authorized Grants Officer, years and provided to the Bureau upon evaluation requirements per section VI.3 and mailed to the recipient’s request. above. responsible officer identified in the All reports must be sent to the ECA application. Grants Officer and ECA Program Officer Dated: January 5, 2010. Unsuccessful applicants will receive listed in the final assistance award Maura M. Pally, notification of the results of the document. Acting Assistant Secretary for Educational application review from the ECA Optional Program Data Requirements: and Cultural Affairs, Department of State. program office coordinating this Organizations awarded grants will be [FR Doc. 2010–610 Filed 1–13–10; 8:45 am] competition. required to maintain specific data on BILLING CODE 4710–05–P VI.2 Administrative and National program participants and activities in an Policy Requirements: Terms and electronically accessible database format

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DEPARTMENT OF TRANSPORTATION and in other documents in the FHWA DEPARTMENT OF THE TREASURY project records. The EA, FONSI, and Federal Highway Administration other project records are available by Submission for OMB Review; contacting Caltrans at the addresses Comment Request Notice of Final Federal Agency Actions provided above. The Caltrans EA and January 8, 2010. on Proposed Highway in California FONSI can be viewed and downloaded The Department of Treasury will AGENCY: Federal Highway from the Caltrans environmental document library Web site at http:// submit the following public information Administration (FHWA), DOT. collection requirements to OMB for ACTION: Notice of Limitation on Claims www.dot.ca.gov/dist3/departments/ envinternet/eldorado.htm. review and clearance under the for Judicial Review of Actions by the Paperwork Reduction Act of 1995, California Department of Transportation This notice applies to all Federal Public Law 104–13 on or after the date (Caltrans), pursuant to 23 USC 327. agency decisions as of the issuance date of publication of this notice. A copy of of this notice and all laws under which SUMMARY: The FHWA, on behalf of this submission may be obtained by such actions were taken, including but calling the Treasury Bureau Clearance Caltrans, is issuing this notice to not limited to: announce actions taken by Caltrans that Officer listed. Comments regarding this 1. General: National Environmental are final within the meaning of 23 information collection should be U.S.C. 139(l)(1). The actions relate to a Policy Act (NEPA) [42 U.S.C. 4321– addressed to the OMB reviewer listed proposed highway project, US Highway 4351]; Federal Aid-Highway Act [23 and to the Treasury PRA Clearance 50 between Robbins Run Sidehill to U.S.C. 109]. Officer, Department of the Treasury, Rockwall Sidehill near Echo Summit in 2. Air: Clean Air Act [42 U.S.C. 7401– 1750 Pennsylvania Avenue, NW., Suite the County El Dorado, State of 7671(q)]. 11010, Washington, DC 20220. California. Those actions grant licenses, 3. Wildlife: Endangered Species Act Dates: Written comments should be permits, and approvals for the project. [16 U.S.C. 1531–1544 and section 1536], received on or before February 16, 2010 DATES: By this notice, the FHWA, on Fish and Wildlife Coordination Act [16 to be assured of consideration. behalf of Caltrans, is advising the public U.S.C. 661–667(d)], Migratory Bird Internal Revenue Service (IRS) of final agency actions subject to 23 Treaty Act [16 U.S.C. 703–712]. OMB Number: 1545–NEW. U.S.C. 139(l)(1). A claim seeking 4. Historic and Cultural Resources: Type of Review: New collection. judicial review of the Federal agency Section 106 of the National Historic Title: Tax Return Preparer Complaint. actions on the highway project will be Preservation Act of 1966, as amended Form: Not yet assigned. barred unless the claim is filed on or [16 U.S.C. 470]; Section 4(f) of the U.S. Description: This form will be used by before July 13, 2010. If the Federal law Department of Transportation Act of taxpayers to report allegations of that authorizes judicial review of a 1966 [49 U.S.C. 303]. misconduct by tax return preparers. The claim provides a time period of less 5. Social and Economic: Civil Rights form was created specifically for tax than 180 days for filing such claim, then Act of 1964 [42 U.S.C. 2000(d)– return preparer complaints and includes that shorter time period still applies. 2000(d)(1)]; Farmland Protection Policy items necessary for the IRS to effectively FOR FURTHER INFORMATION CONTACT: Jody Act (FPPA) [7 U.S.C. 4201–4209]; evaluate the complaint and route to the Brown, Caltrans Senior Environmental Federal Uniform Relocation Assistance appropriate function. Planner, 2800 Gateway Oaks Drive, and Real Property Acquisition Policies Respondents: Businesses or other for- Sacramento, CA 95833 or call (916) Act of 1970, as amended. profits. 274–5908 or e-mail 6. Hazardous Materials: Estimated Total Burden Hours: 1,500 [email protected]. Comprehensive Environmental hours. SUPPLEMENTARY INFORMATION: Effective Response, Compensation, and Liability OMB Number: 1545–NEW July 1, 2007, the Federal Highway Act (CERCLA), 42 U.S.C. 9601–9675. Type of Review: New collection. Administration (FHWA) assigned, and 7. Wetlands and Water Resources: Title: Authorized Cyber Assistant the California Department of Clean Water Act [33 U.S.C. 1344]. Host Application. Transportation (Caltrans) assumed Form: Not yet assigned. environmental responsibilities for this 8. Executive Orders: E.O. 11990 Description: The form is used by a project pursuant to 23 U.S.C. 327. Protection of Wetlands; E.O. 11988 business to apply to become an Notice is hereby given that the Caltrans Floodplain Management: E.O. 12898 Authorized Cyber Assistant Host. has taken final agency actions subject to Federal Actions to Address Information on this form will be used to 23 U.S.C. 139(l)(1) by issuing licenses, Environmental Justice in Minority assist in determining whether the permits, and approvals for the following Populations and Low Income applicant meets the qualifications to highway project in the State of Populations. become a Cyber Assistant Host. Cyber California: Caltrans proposes to upgrade (Catalog of Federal Domestic Assistance Assistant is a software program that the deteriorating masonry rock wall Program Number 20.205, Highway Planning assists in the preparation of Form 1023, and Construction. The regulations Application for Recognition of parapets at seven locations on US implementing Executive Order 12372 Highway 50 for the primary purpose of regarding intergovernmental consultation on Exemption, under Section 501(c)(3). improving safety along the section of US Federal programs and activities apply to this Respondents: Private sector: Highway 50 known as Upper Meyers program.) Businesses or other for-profits; not-for- profit institutions. Grade at Echo Summit. The actions by Authority: 23 U.S.C. 139(l) (1) the Federal agencies, and the laws Estimated Total Burden Hours: 200 under which such actions were taken, Issued on: January 8, 2010. hours. are described in the Environmental Cindy Vigue, OMB Number: 1545–NEW. Assessment (EA) for the project, Director, State Programs, Federal Highway Type of Review: Existing collection approved on December 29, 2009, in the Administration, Sacramento, California. without an OMB Control Number. Finding of No Significant Impact [FR Doc. 2010–591 Filed 1–13–10; 8:45 am] Title: Form 5316—Application for (FONSI) issued on December 29, 2009, BILLING CODE 4910–RY–P Group or Pooled Trust Ruling.

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Form: 5316. attachments and other supporting Maintaining Records About Description: Group/pooled trust materials, received are part of the public Individuals,’’ dated November 30, 2000. sponsors file this form to request a record and subject to public disclosure. Sections 552a(e)(4) and (11) of title 5, determination letter from the IRS for a You should submit only information United States Code, provide that an determination that the trust is a group that you wish to make available agency publish a notice of the trust arrangement as described in Rev. publicly. establishment or revision of a record Rul. 81–100, 1981–1 C.B. 326 as system which affords the public a 30- FOR FURTHER INFORMATION CONTACT: modified and clarified by Rev. Rul. day period in which to submit Bryan Saddler, Chief Counsel, Office of 2004–67, 2004–28 I.R.B. comments. To meet this requirement, the Special Inspector General for the Respondents: State, Local, and Tribal descriptions of the five new systems of Troubled Asset Relief Program, 1801 L Governments. records are published in their entirety Street, NW., Washington, DC 20036, Estimated Total Burden Hours: 3,800 below. (202) 927–8938. hours. Dated: December 17, 2009. Bureau Clearance Officer: R. Joseph SUPPLEMENTARY INFORMATION: The Durbala, Internal Revenue Service, 1111 Emergency Economic Stabilization Act Melissa Hartman, Constitution Avenue, NW., Room 6129, of 2008 (Act), Public Law 110–343, Acting Deputy Assistant Secretary for Privacy Washington, DC 20224; (202) 622–3634. established the Troubled Asset Relief and Treasury Records. OMB Reviewer: Shagufta Ahmed, Program, and, at section 121, created the TREASURY/DO .220 Office of Management and Budget, New Special Inspector General for the Executive Office Building, Room 10235, Troubled Asset Relief Program SYSTEM NAME: Washington, DC 20503; (202) 395–7873. (SIGTARP). SIGTARP is responsible for SIGTARP Hotline Database. coordinating and conducting audits and Dawn D. Wolfgang, investigations of any program SYSTEM LOCATION: Treasury PRA Clearance Officer. established by the Secretary under the Office of the Special Inspector [FR Doc. 2010–557 Filed 1–13–10; 8:45 am] Act. SIGTARP’s duties and operating General for the Troubled Asset Relief BILLING CODE 4830–01–P authority are set forth at section 121 of Program, 1801 L Street, NW., the Act, and in the Inspector General Washington, DC 20036. Act of 1978, 5 U.S.C. App. 3. SIGTARP DEPARTMENT OF THE TREASURY CATEGORIES OF INDIVIDUALS COVERED BY THE exercises all duties and responsibilities SYSTEM: of an Inspector General with respect to Departmental Offices; Privacy Act of Complainants who contact the the purchase, management, and sale of 1974, as Amended SIGTARP Hotline. assets by the Secretary of the Treasury AGENCY: Departmental Offices, Treasury. under any program established by the CATEGORIES OF RECORDS IN THE SYSTEM: ACTION: Notice of Proposed Privacy Act Secretary under section 101 of the Act, (1) Correspondence received from Systems of Records. and the management by the Secretary of Hotline complainants; (2) records any program established under section created of verbal communications with SUMMARY: In accordance with the 102. To facilitate SIGTARP’s audits, Hotline complainants; and (3) records Privacy Act of 1974, as amended, the investigations, and other operations, it used to process Hotline complaints, Office of the Special Inspector General plans to create the following systems of including information included in for the Troubled Asset Relief Program records: SIGTARP’s other systems of records. (SIGTARP) gives notice of the Treasury/DO. .220—SIGTARP establishment of five Privacy Act Hotline Database. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: systems of records. Treasury/DO. .221—SIGTARP 12 U.S.C. 5231, 5 U.S.C. App. 3, and DATES: Comments must be received no Correspondence Database. 5 U.S.C. 301. later than February 16, 2010. The new Treasury/DO. .222—SIGTARP PURPOSE(S): systems of records will be effective Investigative MIS Database. February 23, 2010 unless the Treasury/DO. .223—SIGTARP This system consists of complaints Department receives comments that Investigative Files Database. received by SIGTARP from individuals and their representatives, oversight would result in a contrary Treasury/DO. .224—SIGTARP Audit committees, and others who conduct determination. Files Database. business with SIGTARP, and ADDRESSES In the notice of proposed rulemaking, : Comments should be sent to information concerning efforts to which is published separately in the Bryan Saddler, Chief Counsel, Office of resolve these complaints; it serves as a Federal Register, SIGTARP is proposing the Special Inspector General for the record of the complaints and the steps to exempt records maintained in several Troubled Asset Relief Program, 1801 L taken to resolve them. Street, NW., Washington, DC 20036. systems from certain of the Privacy Comments will be made available for Act’s requirements pursuant to 5 U.S.C. ROUTINE USES OF RECORDS MAINTAINED IN THE inspection upon written request. The 552a(j)(2) and (k)(2). SYSTEM, INCLUDING CATEGORIES OF USERS AND Department will make such comments The report of a new system of records, THE PURPOSES OF SUCH USES: available for public inspection and as required by 5 U.S.C. 552a(r) of the These records may be used to: copying in the Department’s Library, Privacy Act, has been submitted to the (1) Disclose pertinent information to Room 1428, Main Treasury Building, Committee on Oversight and appropriate Federal, foreign, State, 1500 Pennsylvania Avenue, NW., Government Reform of the House of local, Tribal or other public authorities Washington, DC 20220, on official Representatives, the Committee on or self-regulatory organizations business days between the hours of 10 Homeland Security and Governmental responsible for investigating or a.m. and 5 p.m. Eastern Time. You can Affairs of the Senate, and the Office of prosecuting the violations of, or for make an appointment to inspect Management and Budget, pursuant to enforcing or implementing, a statute, comments by telephoning (202) 622– Appendix I to OMB Circular A–130, rule, regulation, order, or license, where 0990. All comments, including ‘‘Federal Agency Responsibilities for the disclosing agency becomes aware of

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an indication of a potential violation of security or confidentiality of protocols, which are periodically civil or criminal law or regulation; information in the system of records has changed; these terminals are accessible (2) Disclose information to a court, been compromised; (2) the Department only to authorized persons. Paper magistrate, or administrative tribunal in has determined that as a result of the records are maintained in locked the course of presenting evidence, suspected or confirmed compromise facilities and/or cabinets with restricted including disclosures to opposing there is a risk of harm to economic or access. counsel or witnesses in the course of property interests, identity theft or RETENTION AND DISPOSAL: civil discovery, litigation, or settlement fraud, or harm to the security or negotiations, in response to a subpoena, integrity of this system or other systems Paper records are maintained and where relevant or potentially relevant to or programs (whether maintained by the disposed of in accordance with a record a proceeding, or in connection with Department or another agency or entity) disposition schedule 12 approved by the criminal law proceedings; that rely upon the compromised National Archives Records (3) Provide information to a information; and (3) the disclosure Administration. congressional office in response to an made to such agencies, entities, and SYSTEM MANAGER(S) AND ADDRESS: inquiry made at the request of the persons is reasonably necessary to assist individual to whom the record pertains; Chief Counsel, Office of the Special in connection with the Department’s Inspector General for the Troubled Asset (4) Disclose information to another efforts to respond to the suspected or Federal agency to (a) permit a decision Relief Program, 1801 L Street, NW., confirmed compromise and prevent, Washington, DC 20036. as to access, amendment or correction of minimize, or remedy such harm; records to be made in consultation with (10) Disclose information to any NOTIFICATION PROCEDURE: or by that agency, or (b) verify the source, either private or governmental, identity of an individual or the accuracy Individuals seeking notification and to the extent necessary to elicit access to any record contained in this of information submitted by an information relevant to a SIGTARP individual who has requested access to system of records, or seeking to contest audit or investigation; its content, may inquire in writing in or amendment or correction of records; (11) Disclose information to the Equal (5) Disclose information to the accordance with instructions appearing Employment Opportunity Commission, at 31 CFR part 1, subpart C, appendix Department of Justice when seeking Merit Systems Protection Board, legal advice, or when (a) the agency or A. This system of records may contain arbitrators, and other parties responsible records that are exempt from the (b) any component thereof, or (c) any for processing personnel actions or employee of the agency in his or her notification, access, and contesting conducting administrative hearings or records requirements pursuant to the official capacity, or (d) any employee of appeals, or if needed in the performance the agency in his or her individual provisions of 5 U.S.C. 552a(j)(2) and of other authorized duties; (k)(2). capacity where the Department of (12) In situations involving an Justice has agreed to represent the imminent danger of death or physical RECORD ACCESS PROCEDURES: employee, or (e) the United States, injury, disclose relevant information to Address inquiries to: Director, where the agency determines that an individual or individuals who are in Disclosure Services, Department of the litigation is likely to affect the agency or danger; and Treasury, 1500 Pennsylvania Ave., NW., any of its components, is a party to (13) Disclose information to persons Washington, DC 20220. litigation or has an interest in such engaged in conducting and reviewing litigation, and the use of such records by internal and external peer reviews of the CONTESTING RECORD PROCEDURES: the Department of Justice is deemed by Office of Inspector General to ensure See ‘‘Notification Procedures’’ above. the agency to be relevant and necessary adequate internal safeguards and RECORD SOURCE CATEGORIES: to the litigation; management procedures exist within Some records contained within this (6) Disclose information to the any office that had received law system of records are exempt from the appropriate foreign, State, local, Tribal, enforcement authorization or to ensure requirement that the record source or other public authority or self- auditing standards applicable to categories be disclosed pursuant to the regulatory organization for the purpose government audits by the Comptroller provisions of 5 U.S.C. 552a(j)(2) and of (a) consulting as to the propriety of General of the United States are applied (k)(2). access to or amendment or correction of and followed. information obtained from that EXEMPTIONS CLAIMED FOR THE SYSTEM: authority or organization, or (b) POLICIES AND PRACTICES FOR STORING, verifying the identity of an individual RETRIEVING, ACCESSING, RETAINING, AND Some records contained within this who has requested access to or DISPENSING OF RECORDS IN THE SYSTEM: system of records are exempt from 5 U.S.C. 552a (c)(3), (c)(4), (d)(1), (d)(2), amendment or correction of records; STORAGE: (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (7) Disclose information to contractors Paper records and electronic media. and other agents who have been (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), engaged by the Department or one of its RETRIEVABILITY: (f), and (g) of the Privacy Act pursuant bureaus to provide products or services By name of the correspondent and/or to 5 U.S.C. 552a (j)(2) and (k)(2). See 31 associated with the Department’s or name of the individual to whom the CFR 1.36. bureau’s responsibility arising under the record applies. TREASURY/DO .221 FOIA/PA; (8) Disclose information to the SAFEGUARDS: SYSTEM NAME: National Archives and Records The records are accessible to SIGTARP Correspondence Database. Administration for use in records SIGTARP personnel, all of whom have management inspections; been the subject of background SYSTEM LOCATION: (9) Disclose information to investigations, on a need-to-know basis. Office of the Special Inspector appropriate agencies, entities, and Disclosure of information through General for the Troubled Asset Relief persons when (1) the Department remote terminals is restricted through Program, 1801 L Street, NW., suspects or has confirmed that the the use of passwords and sign-on Washington, DC 20036.

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CATEGORIES OF INDIVIDUALS COVERED BY THE legal advice, or when (a) the agency or arbitrators, and other parties responsible SYSTEM: (b) any component thereof, or (c) any for processing personnel actions or (1) Correspondents; and (2) persons employee of the agency in his or her conducting administrative hearings or upon whose behalf correspondence was official capacity, or (d) any employee of appeals, or if needed in the performance initiated. the agency in his or her individual of other authorized duties; capacity where the Department of (12) In situations involving an CATEGORIES OF RECORDS IN THE SYSTEM: Justice has agreed to represent the imminent danger of death or physical (1) Correspondence received by employee, or (e) the United States, injury, disclose relevant information to SIGTARP and responses generated where the agency determines that an individual or individuals who are in thereto; and (2) records used to respond litigation is likely to affect the agency or danger; and to incoming correspondence, including any of its components, is a party to (13) Disclose information to persons information included in SIGTARP’s litigation or has an interest in such engaged in conducting and reviewing other systems of records. litigation, and the use of such records by internal and external peer reviews of the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the Department of Justice is deemed by Office of Inspector General to ensure 12 U.S.C. 5231, 5 U.S.C. App. 3, and the agency to be relevant and necessary adequate internal safeguards and to the litigation; 5 U.S.C. 301. management procedures exist within (6) Disclose information to the any office that had received law PURPOSE(S): appropriate foreign, State, local, Tribal, enforcement authorization or to ensure This system consists of or other public authority or self- auditing standards applicable to correspondence received by SIGTARP regulatory organization for the purpose government audits by the Comptroller from individuals and their of (a) consulting as to the propriety of General of the United States are applied representatives, oversight committees, access to or amendment or correction of and followed. and others who conduct business with information obtained from that POLICIES AND PRACTICES FOR STORING, SIGTARP and the responses thereto; it authority or organization, or (b) verifying the identity of an individual RETRIEVING, ACCESSING, RETAINING, AND serves as a record of in-coming DISPENSING OF RECORDS IN THE SYSTEM: correspondence and the steps taken to who has requested access to or respond thereto. amendment or correction of records; STORAGE: (7) Disclose information to contractors Paper records and electronic media. ROUTINE USES OF RECORDS MAINTAINED IN THE and other agents who have been SYSTEM, INCLUDING CATEGORIES OF USERS AND engaged by the Department or one of its RETRIEVABILITY: THE PURPOSES OF SUCH USES: bureaus to provide products or services By name of the correspondent and/or These records may be used to: associated with the Department’s or name of the individual to whom the (1) Disclose pertinent information to bureau’s responsibility arising under the record applies. appropriate Federal, foreign, State, FOIA/PA; SAFEGUARDS: local, Tribal or other public authorities (8) Disclose information to the or self-regulatory organizations National Archives and Records The records are accessible to responsible for investigating or Administration for use in records SIGTARP personnel, all of whom have prosecuting the violations of, or for management inspections; been the subject of background enforcing or implementing, a statute, (9) Disclose information to investigations, on a need-to-know basis. rule, regulation, order, or license, where appropriate agencies, entities, and Disclosure of information through the disclosing agency becomes aware of persons when (1) the Department remote terminals is restricted through an indication of a violation or potential suspects or has confirmed that the the use of passwords and sign-on violation of civil or criminal law or security or confidentiality of protocols, which are periodically regulation; information in the system of records has changed; these terminals are accessible (2) Disclose information to a court, been compromised; (2) the Department only to authorized persons. Paper magistrate, or administrative tribunal in has determined that as a result of the records are maintained in locked the course of presenting evidence, suspected or confirmed compromise facilities and/or cabinets with restricted including disclosures to opposing there is a risk of harm to economic or access. counsel or witnesses in the course of property interests, identity theft or RETENTION AND DISPOSAL: civil discovery, litigation, or settlement fraud, or harm to the security or Paper records are maintained and negotiations, in response to a subpoena, integrity of this system or other systems disposed of in accordance with a record where relevant or potentially relevant to or programs (whether maintained by the disposition schedule 12 approved by the a proceeding, or in connection with Department or another agency or entity) National Archives Records criminal law proceedings; that rely upon the compromised Administration. (3) Provide information to a information; and (3) the disclosure congressional office in response to an made to such agencies, entities, and SYSTEM MANAGER(S) AND ADDRESS: inquiry made at the request of the persons is reasonably necessary to assist Chief Counsel, Office of the Special individual to whom the record pertains; in connection with the Department’s Inspector General for the Troubled Asset (4) Disclose information to another efforts to respond to the suspected or Relief Program, 1801 L Street, NW., Federal agency to (a) permit a decision confirmed compromise and prevent, Washington, DC 20036. as to access, amendment or correction of minimize, or remedy such harm; records to be made in consultation with (10) Disclose information to any NOTIFICATION PROCEDURE: or by that agency, or (b) verify the source, either private or governmental, Individuals seeking notification and identity of an individual or the accuracy to the extent necessary to elicit access to any record contained in this of information submitted by an information relevant to a SIGTARP system of records, or seeking to contest individual who has requested access to audit or investigation; its content, may inquire in writing in or amendment or correction of records; (11) Disclose information to the Equal accordance with instructions appearing (5) Disclose information to the Employment Opportunity Commission, at 31 CFR part 1, subpart C, appendix Department of Justice when seeking Merit Systems Protection Board, A. This system of records may contain

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records that are exempt from the registers; (7) correspondence; (8) records official capacity, or (d) any employee of notification, access, and contesting of seized money and/or property; (9) the agency in his or her individual records requirements pursuant to the reports of laboratory examination, capacity where the Department of provisions of 5 U.S.C. 552a(j)(2) and photographs, and evidentiary reports; Justice has agreed to represent the (k)(2). (10) digital image files of physical employee, or (e) the United States, evidence; (11) Documents generated for where the agency determines that RECORD ACCESS PROCEDURES: purposes of SIGTARP’s undercover litigation is likely to affect the agency or Address inquiries to: Director, activities; (12) documents pertaining to any of its components, is a party to Disclosure Services, Department of the the identity of confidential informants; litigation or has an interest in such Treasury, 1500 Pennsylvania Ave., NW., and, (13) other documents collected litigation, and the use of such records by Washington, DC 20220. and/or generated by the Office of the Department of Justice is deemed by CONTESTING RECORD PROCEDURES: Investigations during the course of the agency to be relevant and necessary official duties. to the litigation; See ‘‘Notification Procedures’’ above. (6) Disclose information to the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RECORD SOURCE CATEGORIES: appropriate foreign, State, local, Tribal, Some records contained within this 12 U.S.C. 5231, 5 U.S.C. App. 3, and or other public authority or self- system of records are exempt from the 5 U.S.C. 301. regulatory organization for the purpose of (a) consulting as to the propriety of requirement that the record source PURPOSE(S): categories be disclosed pursuant to the access to or amendment or correction of The purpose of this system of records provisions of 5 U.S.C. 552a(j)(2) and information obtained from that is to maintain information relevant to (k)(2). authority or organization, or (b) complaints received by SIGTARP and verifying the identity of an individual EXEMPTIONS CLAIMED FOR THE SYSTEM: collected as part of investigations who has requested access to or Some records contained within this conducted by SIGTARP’s Office of amendment or correction of records; system of records are exempt from 5 Investigations. (7) Disclose information to contractors U.S.C. 552a (c)(3), (c)(4), (d)(1), (d)(2), and other agents who have been ROUTINE USES OF RECORDS MAINTAINED IN THE engaged by the Department or one of its (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), SYSTEM, INCLUDING CATEGORIES OF USERS AND bureaus to provide products or services (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), THE PURPOSES OF SUCH USES: (f), and (g) of the Privacy Act pursuant associated with the Department’s or These records may be used to: bureau’s responsibility arising under the to 5 U.S.C. 552a (j)(2) and (k)(2). See 31 (1) Disclose pertinent information to CFR 1.36. FOIA/PA; appropriate Federal, foreign, State, (8) Disclose information to the Treasury/DO .222 local, Tribal or other public authorities National Archives and Records or self-regulatory organizations Administration for use in records SYSTEM NAME: responsible for investigating or management inspections; SIGTARP Investigative MIS Database. prosecuting the violations of, or for (9) Disclose information to enforcing or implementing, a statute, SYSTEM LOCATION: appropriate agencies, entities, and rule, regulation, order, or license, where persons when (1) the Department Office of the Special Inspector the disclosing agency becomes aware of suspects or has confirmed that the General for the Troubled Asset Relief an indication of a potential violation of security or confidentiality of Program, 1801 L Street, NW., civil or criminal law or regulation; information in the system of records has Washington, DC 20036. (2) Disclose information to a court, been compromised; (2) the Department CATEGORIES OF INDIVIDUALS COVERED BY THE magistrate, or administrative tribunal in has determined that as a result of the SYSTEM: the course of presenting evidence, suspected or confirmed compromise Subjects or potential subjects of including disclosures to opposing there is a risk of harm to economic or investigative activities; witnesses counsel or witnesses in the course of property interests, identity theft or involved in investigative activities. civil discovery, litigation, or settlement fraud, or harm to the security or negotiations, in response to a subpoena, integrity of this system or other systems CATEGORIES OF RECORDS IN THE SYSTEM: where relevant or potentially relevant to or programs (whether maintained by the (1) Reports of investigations, which a proceeding, or in connection with Department or another agency or entity) may include, but are not limited to, criminal law proceedings; that rely upon the compromised witness statements, affidavits, (3) Provide information to a information; and (3) the disclosure transcripts, police reports, photographs, congressional office in response to an made to such agencies, entities, and documentation concerning requests and inquiry made at the request of the persons is reasonably necessary to assist approval for consensual telephone and individual to whom the record pertains; in connection with the Department’s consensual non-telephone monitoring, (4) Disclose information to another efforts to respond to the suspected or the subject’s prior criminal record, Federal agency to (a) permit a decision confirmed compromise and prevent, vehicle maintenance records, medical as to access, amendment or correction of minimize, or remedy such harm; records, accident reports, insurance records to be made in consultation with (10) Disclose information to any policies, police reports, and other or by that agency, or (b) verify the source, either private or governmental, exhibits and documents collected identity of an individual or the accuracy to the extent necessary to elicit during an investigation; (2) status and of information submitted by an information relevant to a SIGTARP disposition information concerning a individual who has requested access to audit or investigation; complaint or investigation including or amendment or correction of records; (11) Disclose information to the Equal prosecutive action and/or (5) Disclose information to the Employment Opportunity Commission, administrative action; (3) complaints or Department of Justice when seeking Merit Systems Protection Board, requests to investigate; (4) subpoenas legal advice, or when (a) the agency or arbitrators, and other parties responsible and evidence obtained in response to a (b) any component thereof, or (c) any for processing personnel actions or subpoena; (5) evidence logs; (6) pen employee of the agency in his or her conducting administrative hearings or

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appeals, or if needed in the performance Troubled Asset Relief Program, 1801 L and evidence obtained in response to a of other authorized duties; Street, NW., Washington, DC 20036. subpoena; (5) evidence logs; (6) pen (12) In situations involving an This system of records may contain registers; (7) correspondence; (8) records imminent danger of death or physical records that are exempt from the of seized money and/or property; (9) injury, disclose relevant information to notification, access, and contesting reports of laboratory examination, an individual or individuals who are in records requirements pursuant to the photographs, and evidentiary reports; danger; and provisions of 5 U.S.C. 552a(j)(2) and (10) digital image files of physical (13) Disclose information to persons (k)(2). evidence; (11) Documents generated for engaged in conducting and reviewing purposes of SIGTARP’s undercover RECORD ACCESS PROCEDURES: internal and external peer reviews of the activities; (12) documents pertaining to Office of Inspector General to ensure Address inquiries to: Director, the identity of confidential informants; adequate internal safeguards and Disclosure Services, Department of the and, (13) other documents collected management procedures exist within Treasury, 1500 Pennsylvania Ave., NW., and/or generated by the Office of any office that had received law Washington, DC 20220. Investigations during the course of enforcement authorization or to ensure CONTESTING RECORD PROCEDURES: official duties. auditing standards applicable to See ‘‘Notification Procedures’’ above. Government audits by the Comptroller AUTHORITY FOR MAINTENANCE OF THE SYSTEM: General of the United States are applied RECORD SOURCE CATEGORIES: 12 U.S.C. 5231, 5 U.S.C. App. 3, and and followed. Some records contained within this 5 U.S.C. 301. POLICIES AND PRACTICES FOR STORING, system of records are exempt from the PURPOSE(S): requirement that the record source RETRIEVING, ACCESSING, RETAINING, AND The purpose of this system of records categories be disclosed pursuant to the DISPENSING OF RECORDS IN THE SYSTEM: is to maintain information relevant to provisions of 5 U.S.C. 552a(j)(2) and STORAGE: complaints received by SIGTARP and (k)(2). Paper records and electronic media. collected as part of investigations EXEMPTIONS CLAIMED FOR THE SYSTEM: conducted by SIGTARP’s Office of RETRIEVABILITY: Some records contained within this Investigations. By name, Social Security Number, system of records are exempt from 5 and/or case number. ROUTINE USES OF RECORDS MAINTAINED IN THE U.S.C. 552a (c)(3), (c)(4), (d)(1), (d)(2), SYSTEM, INCLUDING CATEGORIES OF USERS AND SAFEGUARDS: (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), THE PURPOSES OF SUCH USES: The records are accessible to (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), These records may be used to: SIGTARP personnel, all of whom have (f), and (g) of the Privacy Act pursuant (1) Disclose pertinent information to been the subject of background to 5 U.S.C. 552a (j)(2) and (k)(2). appropriate Federal, foreign, State, investigations, on a need-to-know basis. Treasury/DO .223 local, Tribal or other public authorities Disclosure of information through or self-regulatory organizations remote terminals is restricted through SYSTEM NAME: responsible for investigating or the use of passwords and sign-on SIGTARP Investigative Files Database. prosecuting the violations of, or for protocols, which are periodically enforcing or implementing, a statute, SYSTEM LOCATION: changed; these terminals are accessible rule, regulation, order, or license, where only to authorized persons. Paper Office of the Special Inspector the disclosing agency becomes aware of records are maintained in locked General for the Troubled Asset Relief an indication of a potential violation of facilities and/or cabinets with restricted Program, 1801 L Street, NW., civil or criminal law or regulation; access. Washington, DC 20036. (2) Disclose information to a court, magistrate, or administrative tribunal in RETENTION AND DISPOSAL: CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: the course of presenting evidence, These records are currently not Subjects or potential subjects of including disclosures to opposing eligible for disposal. SIGTARP is in the counsel or witnesses in the course of process of requesting approval from the investigative activities; witnesses involved in investigative activities. civil discovery, litigation, or settlement National Archives and Records negotiations, in response to a subpoena, Administration of records disposition CATEGORIES OF RECORDS IN THE SYSTEM: where relevant or potentially relevant to schedules concerning all records in this (1) Reports of investigations, which a proceeding, or in connection with system of records. may include, but are not limited to, criminal law proceedings; SYSTEM MANAGER(S) AND ADDRESS: witness statements, affidavits, (3) Provide information to a Chief Counsel, Office of the Special transcripts, police reports, photographs, congressional office in response to an Inspector General for the Troubled Asset documentation concerning requests and inquiry made at the request of the Relief Program, 1801 L Street, NW., approval for consensual telephone and individual to whom the record pertains; Washington, DC 20036. consensual non-telephone monitoring, (4) Disclose information to another the subject’s prior criminal record, Federal agency to (a) permit a decision NOTIFICATION PROCEDURE: vehicle maintenance records, medical as to access, amendment or correction of Individuals seeking notification and records, accident reports, insurance records to be made in consultation with access to any record contained in this policies, police reports, and other or by that agency, or (b) verify the system of records, or seeking to contest exhibits and documents collected identity of an individual or the accuracy its content, may inquire in writing in during an investigation; (2) status and of information submitted by an accordance with instructions appearing disposition information concerning a individual who has requested access to at 31 CFR part 1, subpart C, appendix complaint or investigation including or amendment or correction of records; A. Written inquiries should be prosecutive action and/or (5) Disclose information to the addressed to the Chief Counsel, Office administrative action; (3) complaints or Department of Justice when seeking of the Special Inspector General for the requests to investigate; (4) subpoenas legal advice, or when (a) the agency or

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(b) any component thereof, or (c) any for processing personnel actions or records that are exempt from the employee of the agency in his or her conducting administrative hearings or notification, access, and contesting official capacity, or (d) any employee of appeals, or if needed in the performance records requirements pursuant to the the agency in his or her individual of other authorized duties; provisions of 5 U.S.C. 552a(j)(2) and capacity where the Department of (12) In situations involving an (k)(2). Justice has agreed to represent the imminent danger of death or physical employee, or (e) the United States, injury, disclose relevant information to RECORD ACCESS PROCEDURES: where the agency determines that an individual or individuals who are in Address inquiries to: Director, litigation is likely to affect the agency or danger; and Disclosure Services, Department of the any of its components, is a party to (13) Disclose information to persons Treasury, 1500 Pennsylvania Ave., NW., litigation or has an interest in such engaged in conducting and reviewing Washington, DC 20220. litigation, and the use of such records by internal and external peer reviews of the the Department of Justice is deemed by Office of Inspector General to ensure CONTESTING RECORD PROCEDURES: the agency to be relevant and necessary adequate internal safeguards and See ‘‘Notification Procedures’’ above. to the litigation; management procedures exist within (6) Disclose information to the any office that had received law RECORD SOURCE CATEGORIES: appropriate foreign, State, local, Tribal, enforcement authorization or to ensure Some records contained within this or other public authority or self- auditing standards applicable to system of records are exempt from the regulatory organization for the purpose Government audits by the Comptroller requirement that the record source of (a) consulting as to the propriety of General of the United States are applied categories be disclosed pursuant to the access to or amendment or correction of and followed. provisions of 5 U.S.C. 552a(j)(2) and information obtained from that (k)(2). authority or organization, or (b) POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND verifying the identity of an individual EXEMPTIONS CLAIMED FOR THE SYSTEM: DISPENSING OF RECORDS IN THE SYSTEM: who has requested access to or Some records contained within this amendment or correction of records; STORAGE: system of records are exempt from 5 (7) Disclose information to contractors Paper records and electronic media. U.S.C. 552a (c)(3), (c)(4), (d)(1), (d)(2), and other agents who have been RETRIEVABILITY: (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), engaged by the Department or one of its (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), By name, Social Security Number, bureaus to provide products or services (f), and (g) of the Privacy Act pursuant and/or case number. associated with the Department’s or to 5 U.S.C. 552a (j)(2) and (k)(2). bureau’s responsibility arising under the SAFEGUARDS: FOIA/PA; Treasury/DO .224 (8) Disclose information to the The records are accessible to National Archives and Records SIGTARP personnel, all of whom have SYSTEM NAME: Administration for use in records been the subject of background SIGTARP Audit Files Database. management inspections; investigations, on a need-to-know basis. (9) Disclose information to Disclosure of information through SYSTEM LOCATION: appropriate agencies, entities, and remote terminals is restricted through Office of the Special Inspector persons when (1) the Department the use of passwords and sign-on General for the Troubled Asset Relief suspects or has confirmed that the protocols, which are periodically Program, 1801 L Street, NW., security or confidentiality of changed; these terminals are accessible Washington, DC 20036. information in the system of records has only to authorized persons. Paper been compromised; (2) the Department records are maintained in locked CATEGORIES OF INDIVIDUALS COVERED BY THE has determined that as a result of the facilities and/or cabinets with restricted SYSTEM: suspected or confirmed compromise access. Auditors, certain administrative there is a risk of harm to economic or RETENTION AND DISPOSAL: support staff, contractors of SIGTARP, and certain subjects and/or witnesses property interests, identity theft or These records are currently not referenced in SIGTARP’s audit fraud, or harm to the security or eligible for disposal. SIGTARP is in the activities. integrity of this system or other systems process of requesting approval from the or programs (whether maintained by the National Archives and Records CATEGORIES OF RECORDS IN THE SYSTEM: Department or another agency or entity) Administration of records disposition (1) Audit reports; and (2) working that rely upon the compromised schedules concerning all records in this papers, which may include copies of information; and (3) the disclosure system of records. made to such agencies, entities, and correspondence, evidence, subpoenas, persons is reasonably necessary to assist SYSTEM MANAGER(S) AND ADDRESS: other documents collected and/or in connection with the Department’s Chief Counsel, Office of the Special generated by the Office of Audit during efforts to respond to the suspected or Inspector General for the Troubled Asset the course of official duties. confirmed compromise and prevent, Relief Program, 1801 L Street, NW., AUTHORITY FOR MAINTENANCE OF THE SYSTEM: minimize, or remedy such harm; Washington, DC 20036. (10) Disclose information to any 12 U.S.C. 5231, 5 U.S.C. App. 3, and source, either private or governmental, NOTIFICATION PROCEDURE: 5 U.S.C. 301. to the extent necessary to elicit Individuals seeking notification and information relevant to a SIGTARP access to any record contained in this PURPOSES: audit or investigation; system of records, or seeking to contest This system is maintained in order to (11) Disclose information to the Equal its content, may inquire in writing in act as a management information system Employment Opportunity Commission, accordance with instructions appearing for SIGTARP audit projects and Merit Systems Protection Board, at 31 CFR part 1, subpart C, appendix personnel and to assist in the accurate arbitrators, and other parties responsible A. This system of records may contain and timely conduct of audits.

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ROUTINE USES OF RECORDS MAINTAINED IN THE engaged by the Department or one of its RETRIEVABILITY: SYSTEM, INCLUDING CATEGORIES OF USERS AND bureaus to provide products or services By name of the auditor, support staff, THE PURPOSES OF SUCH USES: associated with the Department’s or contractors, or subject of the audit. These records may be used to: bureau’s responsibility arising under the (1) Disclose pertinent information to FOIA/PA; SAFEGUARDS: appropriate Federal, foreign, State, (8) Disclose information to the The records are accessible to local, Tribal or other public authorities National Archives and Records SIGTARP personnel, all of whom have or self-regulatory organizations Administration for use in records been the subject of background responsible for investigating or management inspections; investigations, on a need-to-know basis. prosecuting the violations of, or for (9) Disclose information to Disclosure of information through enforcing or implementing, a statute, appropriate agencies, entities, and remote terminals is restricted through rule, regulation, order, or license, where persons when (1) the Department the use of passwords and sign-on the disclosing agency becomes aware of suspects or has confirmed that the protocols, which are periodically an indication of a potential violation of security or confidentiality of changed; these terminals are accessible civil or criminal law or regulation; information in the system of records has only to authorized persons. Paper (2) Disclose information to a court, been compromised; (2) the Department records are maintained in locked magistrate, or administrative tribunal in has determined that as a result of the facilities and/or cabinets with restricted the course of presenting evidence, suspected or confirmed compromise access. including disclosures to opposing there is a risk of harm to economic or counsel or witnesses in the course of RETENTION AND DISPOSAL: property interests, identity theft or civil discovery, litigation, or settlement These records are currently not fraud, or harm to the security or negotiations, in response to a subpoena eligible for disposal. SIGTARP is in the integrity of this system or other systems where relevant or potentially relevant to process of requesting approval from the or programs (whether maintained by the a proceeding, or in connection with National Archives and Records Department or another agency or entity) criminal law proceedings; Administration of records disposition that rely upon the compromised (3) Provide information to a schedules concerning all records in this information; and (3) the disclosure congressional office in response to an system of records. made to such agencies, entities, and inquiry made at the request of the persons is reasonably necessary to assist individual to whom the record pertains; SYSTEM MANAGER(S) AND ADDRESS: (4) Disclose information to another in connection with the Department’s Chief Counsel, Office of the Special Federal agency to (a) permit a decision efforts to respond to the suspected or Inspector General for the Troubled Asset as to access, amendment or correction of confirmed compromise and prevent, Relief Program, 1801 L Street, NW., records to be made in consultation with minimize, or remedy such harm; Washington, DC 20036. or by that agency, or (b) verify the (10) Disclose information to any NOTIFICATION PROCEDURE: identity of an individual or the accuracy source, either private or governmental, of information submitted by an to the extent necessary to elicit Individuals seeking notification and individual who has requested access to information relevant to a SIGTARP access to any record contained in this or amendment or correction of records; audit or investigation; system of records, or seeking to contest (5) Disclose information to the (11) Disclose information to the Equal its content, may inquire in writing in Department of Justice when seeking Employment Opportunity Commission, accordance with instructions appearing legal advice, or when (a) the agency or Merit Systems Protection Board, at 31 CFR part 1, subpart C, appendix (b) any component thereof, or (c) any arbitrators, and other parties responsible A. This system of records may contain employee of the agency in his or her for processing personnel actions or records that are exempt from the official capacity, or (d) any employee of conducting administrative hearings or notification, access, and contesting the agency in his or her individual appeals, or if needed in the performance records requirements pursuant to the capacity where the Department of of other authorized duties; provisions of 5 U.S.C. 552a(j)(2) and Justice has agreed to represent the (12) In situations involving an (k)(2). imminent danger of death or physical employee, or (e) the United States, RECORD ACCESS PROCEDURES: where the agency determines that injury, disclose relevant information to Address inquiries to: Director, litigation is likely to affect the agency or an individual or individuals who are in Disclosure Services, Department of the any of its components, is a party to danger; and Treasury, 1500 Pennsylvania Ave., NW., litigation or has an interest in such (13) Disclose information to persons Washington, DC 20220. litigation, and the use of such records by engaged in conducting and reviewing the Department of Justice is deemed by internal and external peer reviews of the CONTESTING RECORD PROCEDURES: Office of Inspector General to ensure the agency to be relevant and necessary See ‘‘Notification Procedures’’ above. to the litigation; adequate internal safeguards and (6) Disclose information to the management procedures exist within RECORD SOURCE CATEGORIES: appropriate foreign, State, local, Tribal, any office that had received law Some records contained within this or other public authority or self- enforcement authorization or to ensure system of records are exempt from the regulatory organization for the purpose auditing standards applicable to requirement that the record source of (a) consulting as to the propriety of Government audits by the Comptroller categories be disclosed pursuant to the access to or amendment or correction of General of the United States are applied provisions of 5 U.S.C. 552a(j)(2) and information obtained from that and followed. (k)(2). authority or organization, or (b) POLICIES AND PRACTICES FOR STORING, EXEMPTIONS CLAIMED FOR THE SYSTEM: verifying the identity of an individual RETRIEVING, ACCESSING, RETAINING, AND who has requested access to or DISPENSING OF RECORDS IN THE SYSTEM: Some records contained within this amendment or correction of records; system of records are exempt from 5 (7) Disclose information to contractors STORAGE: U.S.C. 552a (c)(3), (c)(4), (d)(1), (d)(2), and other agents who have been Paper records and electronic media. (d)(3), (d)(4), (e)(1), (e)(2), (e)(3),

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(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), to 5 U.S.C. 552a (j)(2) and (k)(2). See 31 (f), and (g) of the Privacy Act pursuant CFR 1.36. [FR Doc. 2010–294 Filed 1–13–10; 8:45 am] BILLING CODE 4810–25–P

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Part II

Department of Commerce National Oceanic and Atmospheric Administration

15 CFR Part 902; 50 CFR Parts 223 and 665 Western Pacific Fisheries; Regulatory Restructuring; Final Rule

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DEPARTMENT OF COMMERCE western Pacific fishery regulations to be mitigation measures (70 FR 69282), the consistent with the FEP organization, regulations relating to line clippers in National Oceanic and Atmospheric making the regulations easier to use for § 665.32 were inadvertently omitted. Administration fishermen, managers, and the general This final rule corrects the error in new public. No substantive changes are § 665.812. 15 CFR Part 902 made to the regulations. Several In the definition of western Pacific definitions are added to reference the pelagic MUS, the spelling of the 50 CFR Parts 223 and 665 FEPs, some sections are redesignated scientific names for the pelagic thresher shark and yellowfin tuna are corrected, [Docket No. 071220872–91431–03] and revised to reflect each geographic area, several errors are corrected, and and the scientific name of the bigeye RIN 0648–AU71 administrative titles and telephone thresher shark is revised to include the numbers are updated. species, which was inadvertently Western Pacific Fisheries; Regulatory This final rule redesignates old omitted from the definition. The Restructuring subparts A (General) and B (Western scientific names of a Hawaii black coral Pacific Fisheries-General) of 50 CFR part and the pelagic armorhead are also AGENCY: National Marine Fisheries 665 as new subpart A (General). Old updated. Service (NMFS), National Oceanic and Subpart C (Western Pacific Pelagic This final rule also corrects current Atmospheric Administration (NOAA), Fisheries) is redesignated as new regulations to reflect that certain Commerce. subpart F (Western Pacific Pelagic provisions have been superseded. In old ACTION: Final rule. Fisheries). Old subparts D (Western 50 CFR 665.22 (new § 668.802), Pacific Crustacean Fisheries), E paragraph (gg) prohibits Hawaii SUMMARY: This final rule restructures (Bottomfish and Seamount Groundfish shallow-set longline fishing north of the western Pacific fishery regulations to be Fisheries), F (Precious Coral Fisheries), Equator with hooks other than offset consistent with five new area-specific and G (Western Pacific Coral Reef circle hooks sized 18/0 or larger with a fishery ecosystem plans (FEP). This Ecosystem Fisheries) are redesignated as 10 degree offset. This paragraph is final rule also amends references to the B (American Samoa Fisheries), C superseded by paragraph (jj), which Paperwork Reduction Act (PRA) (Hawaii Fisheries), D (Mariana prohibits such fishing from any western information collection requirements to Archipelago Fisheries), and E (Pacific Pacific longline vessel. Similarly, in old reflect the restructuring. The purpose of Remote Island Area Fisheries). Each of 50 CFR 665.22, paragraph (hh) prohibits this rule is to make the regulations these new geographic subparts identifies Hawaii shallow-set longline fishing easier for the public to use by organizing the management unit species (MUS) north of the Equator with bait other than existing fishing regulations by managed under the FEPs, as well as area mackerel-type bait. This provision is geographic location. restrictions within the management superseded by paragraph (kk), which DATES: This final rule is effective area. Each subpart is also organized by prohibits such fishing from any western February 16, 2010. fishery. Fishery-specific regulations are Pacific longline vessel. In old 50 CFR ADDRESSES: Copies of the five FEPs redesignated and revised to reflect the 665.22, paragraph (dd) prohibits owning (American Samoa, Hawaii, Mariana correct cross-referenced sections and or operating any western Pacific Archipelago, Pacific Remote Island FEP naming conventions for the longline vessel without having on board Areas, and Western Pacific Pelagics), respective fishery sections in each of the a valid protected species workshop and the Final Programmatic four archipelagic ecosystem subparts. certificate issued by NMFS; paragraph Environmental Impact Statement (PEIS) This final rule redesignates (ll) applies that prohibition only to that was prepared for the FEPs and regulations that define the fishery Hawaii longline operators, a subset of regulatory restructuring are available management process as new section 50 those covered in paragraph (dd). In old from the Western Pacific Fishery CFR 665.18, Framework Measures, in 50 CFR 665.22, paragraph (aa) prohibits Management Council (Council), 1164 subpart A. This rule also corrects operating a vessel under a longline Bishop St., Suite 1400, Honolulu, HI inadvertent errors in 50 CFR part 665 limited access permit for American 96813, tel 808–522–8220, fax 808–522– relating to cross-referenced section Samoa or Hawaii without complying 8226, or http://www.wpcouncil.org. citations, and it updates several with sea turtle handling requirements. Written comments regarding the administrative names and contact This paragraph is superseded by burden-hour estimates or other aspects information. paragraph (ii), which requires a vessel of the collection-of-information In a final rule published on December registered for use under any pelagic requirements contained in this final rule 12, 2008, (73 FR 75615) paragraphs (o) fishing permit to comply with sea turtle may be submitted to William L. through (u) in old § 665.22 were handling requirements. Thus, Robinson, NMFS PIR, 1601 Kapiolani redesignated as paragraphs (m) through paragraphs (aa), (gg), (hh), and (ll) are Blvd. Suite 1110, Honolulu, HI 96814, (s) in § 665.15. That redesignation removed. and by e-mail to should also have included old A technical clarification in old 50 [email protected] or fax to § 665.22(n). This final rule corrects the CFR 665.72(d) (new § 665.211(d)) 202–395–7285. error. revises the exception to the possession This final rule also corrects an error of Hawaii Restricted Bottomfish Species FOR FURTHER INFORMATION CONTACT: related to sea turtle mitigation measures. after the total allowable catch limit is Brett Wiedoff, NMFS PIR, 808–944– On March 28, 2000, NMFS published a reached. 2272. final rule that implemented several This final rule adds or revises several SUPPLEMENTARY INFORMATION: This measures intended to mitigate injuries definitions to be consistent with the Federal Register document is also to sea turtles by the Hawaii pelagic FEPs and restructured regulations, accessible at http://www.gpoaccess.gov/ longline fishery, including requirements corrects errors in cross referencing, fr. to carry and use line clippers, dip nets, removes duplicative text, adds In December 2009, the Secretary of and dehookers (65 FR 16346). In a geographic information, and corrects Commerce approved the five western subsequent final rule published on inadvertent omissions. A technical Pacific FEPs. This final rule restructures November 15, 2005, relating to sea turtle clarification at § 665.12 removes the

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definition for ‘‘Bottomfish management paragraph (12). This final rule corrects part 660 remain, and these are corrected area’’ and ‘‘Lobster closed area’’ as these the error by removing the redundant in this final rule. Also, in § 665.1(c), the terms are artifacts from old regulations paragraph. cross-reference to 50 CFR part 600 and are not currently used in part 665. In a previous regulatory restructuring subpart N was inadvertently changed to This final rule removes a duplicate (71 FR 17985, April 10, 2006), the incorrectly reference 50 CFR part 665. requirement for fishermen to complete a regulations were redesignated section- This error is also corrected. short-tailed albatross recovery data by-section from old 50 CFR part 660 to The following table lists the form. In old § 665.35(b), paragraph (8) new 50 CFR part 665. In the resulting distribution of the subparts and sections was inadvertently duplicated by regulations, artifact cross-references to in 50 CFR part 665 in this restructuring:

Old section New section

Subpart A—General Subpart A—General

§ 665.1 Purpose and scope ...... § 665.1 Purpose and scope. § 665.2 Relation to other laws ...... § 665.2 Relation to other laws. § 665.3 Reporting and recordkeeping ...... § 665.14 Reporting and recordkeeping. § 665.4 Licensing and registration ...... § 665.3 Licensing and registration.

Subpart B—Western Pacific Fisheries—General Subpart B—American Samoa Fisheries

§ 665.11 Purpose and scope ...... § 665.1 Purpose and scope. § 665.12 Definitions ...... § 665.12 Definitions. § 665.101 Definitions. (American Samoa) § 665.121 Definitions. (American Samoa) § 665.141 Definitions. (American Samoa) § 665.161 Definitions. (American Samoa) § 665.201 Definitions. (Hawaii) § 665.221 Definitions. (Hawaii) § 665.241 Definitions. (Hawaii) § 665.261 Definitions. (Hawaii) § 665.401 Definitions. (Marianas) § 665.421 Definitions. (Marianas) § 665.441 Definitions. (Marianas) § 665.461 Definitions. (Marianas) § 665.601 Definitions. (PRIA) § 665.621 Definitions. (PRIA) § 665.641 Definitions. (PRIA) § 665.661 Definitions. (PRIA) § 665.800 Definitions. (Western Pacific Pelagic) § 665.13 Permits and fees ...... § 665.13 Permits and fees. § 665.14 Reporting and recordkeeping ...... § 665.14 Reporting and recordkeeping. § 665.15 Prohibitions ...... § 665.15 Prohibitions. § 665.16 Vessel identification ...... § 665.16 Vessel identification. § 665.17 Experimental fishing ...... § 665.17 Experimental fishing. § 665.18 Area restrictions ...... § 665.99 Area restrictions. (American Samoa) § 665.199 Area restrictions. (Hawaii) § 665.399 Area restrictions. (Marianas) § 665.599 Area Restrictions. (PRIA) § 665.19 Vessel monitoring system ...... § 665.19 Vessel monitoring system.

Subpart C—Western Pacific Pelagic Fisheries Subpart C—Hawaii Fisheries

§ 665.21 Permits ...... § 665.801 Permits. § 665.22 Prohibitions ...... § 665.802 Prohibitions. § 665.23 Notifications ...... § 665.803 Notifications. § 665.24 Gear identification ...... § 665.804 Gear identification. § 665.26 Longline fishing prohibited area management ...... § 665.806 Longline fishing prohibited area management. § 665.27 Exemptions for longline fishing prohibited areas; procedures § 665.807 Exemptions for longline fishing prohibited areas; proce- dures. § 665.28 Conditions for at-sea observer coverage ...... § 665.808 Conditions for at-sea observer coverage. § 665.29 Port privileges and transiting for unpermitted U.S. longline § 665.809 Port privileges and transiting for unpermitted U.S. longline vessels. vessels. § 665.30 Prohibition of drift gillnetting ...... § 665.810 Prohibition of drift gillnetting. § 665.31 Framework adjustments to management measures ...... § 665.18 Framework adjustments to management measures. § 665.32 Sea turtle take mitigation measures ...... § 665.812 Sea turtle take mitigation measures. § 665.33 Western Pacific longline fishing restrictions ...... § 665.813 Western Pacific longline fishing restrictions. § 665.34 Protected species workshop ...... § 665.814 Protected species workshop. § 665.35 Pelagic longline seabird mitigation measures ...... § 665.815 Pelagic longline seabird mitigation measures. § 665.36 American Samoa longline limited entry program ...... § 665.816 American Samoa longline limited entry program. § 665.37 American Samoa pelagic fishery area management ...... § 665.817 American Samoa pelagic fishery area management.

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Old section New section

§ 665.38 Exemptions for American Samoa large vessel prohibited § 665.818 Exemptions for American Samoa large vessel prohibited areas. areas.

Subpart D—Western Pacific Crustacean Fisheries Subpart D—Mariana Archipelago Fisheries

§ 665.41 Permits ...... § 665.142 Permits. (American Samoa) § 665.242 Permits. (Hawaii) § 665.442 Permits. (Marianas) § 665.642 Permits. (PRIA) § 665.42 Prohibitions ...... § 665.143 Prohibitions. (American Samoa) § 665.243 Prohibitions. (Hawaii) § 665.443 Prohibitions. (Marianas) § 665.643 Prohibitions. (PRIA) § 665.43 Notifications ...... § 665.144 Notifications. (American Samoa) § 665.244 Notifications. (Hawaii) § 665.444 Notifications. (Marianas) § 665.644 Notifications. (PRIA) § 665.44 Lobster size and condition restrictions—Permit Area 2 ...... § 665.249 Lobster size and condition restrictions—Permit Area 2. § 665.45 Closed seasons ...... § 665.250 Closed seasons. § 665.46 Closed areas ...... § 665.251 Closed areas. § 665.47 Gear identification ...... § 665.246 Gear identification. § 665.48 Gear restrictions ...... § 665.245 Gear restrictions. § 665.49 At-sea observer coverage ...... § 665.145 At-sea observer coverage. (American Samoa) § 665.247 At-sea observer coverage. (Hawaii) § 665.445 At-sea observer coverage. (Marianas) § 665.645 At-sea observer coverage. (PRIA) § 665.50 Harvest limitation program ...... § 665.252 Harvest limitation program. § 665.51 Monk seal protective measures ...... § 665.248 Monk seal protective measures. § 665.52 Monk seal emergency protective measures. § 665.53 Framework procedures ...... § 665.18 Framework adjustments to management measures. § 665.54 Five-year review

Subpart E—Bottomfish and Seamount Groundfish Fisheries Subpart E—Pacific Remote Island Area Fisheries.

§ 665.61 Permits...... § 665.203 Permits. (Hawaii) § 665.404 Permits. (Marianas) § 665.603 Permits. (PRIA) § 665.62 Prohibitions ...... § 665.103 Prohibitions. (American Samoa) § 665.204 Prohibitions. (Hawaii) § 665.405 Prohibitions. (Marianas) § 665.604 Prohibitions. (PRIA) § 665.63 Notification ...... § 665.205 Notification. (Hawaii) § 665.64 Gear restrictions ...... § 665.104 Gear restrictions. (American Samoa) § 665.206 Gear Restrictions. (Hawaii) § 665.406 Gear restrictions. (Marianas) § 665.605 Gear restrictions. (PRIA) § 665.65 At-sea observer coverage ...... § 665.105 At-sea observer coverage. (American Samoa) § 665.207 At-sea observer coverage. (Hawaii) § 665.407 At-sea observer coverage. (Marianas) § 665.606 At-sea observer coverage. (PRIA) § 665.66 Protected species conservation ...... § 665.208 Protected species conservation. § 665.67 Framework for regulatory adjustments ...... § 665.18 Framework adjustments to management measures. § 665.68 Fishing moratorium on Hancock Seamount ...... § 665.209 Fishing moratorium on Hancock Seamount. § 665.69 Management subareas ...... § 665.98 Management area. (American Samoa) § 665.198 Management areas. (Hawaii) § 665.202 Management subareas. (Hawaii) § 665.398 Management areas. (Marianas) § 665.402 Management subareas. (Marianas) § 665.598 Management area. (PRIA) § 665.70 Bottomfish fishery area management ...... § 665.403 Bottomfish fishery area management. § 665.71 Hawaii restricted bottomfish species ...... § 665.210 Hawaii restricted bottomfish species. § 665.72 Total Allowable Catch (TAC) limit ...... § 665.211 Total Allowable Catch (TAC) limit. § 665.73 Non-commercial bag limits ...... § 665.212 Non-commercial bag limits.

Subpart F—Precious Corals Fisheries Subpart F—Western Pacific Pelagic Fisheries

§ 665.81 Permits ...... § 665.162 Permits. (American Samoa) § 665.262 Permits. (Hawaii) § 665.462 Permits. (Marianas) § 665.662 Permits. (PRIA) § 665.82 Prohibitions ...... § 665.163 Prohibitions. (American Samoa)

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Old section New section

§ 665.263 Prohibitions. (Hawaii) § 665.463 Prohibitions. (Marianas) § 665.663 Prohibitions. (PRIA) § 665.83 Seasons ...... § 665.168 Seasons. (American Samoa) § 665.267 Seasons. (Hawaii) § 665.468 Seasons. (Marianas) § 665.668 Seasons. (PRIA) § 665.84 Quotas ...... § 665.167 Quotas. (American Samoa) § 665.269 Quotas. (Hawaii) § 665.467 Quotas. (Marianas) § 665.667 Quotas. (PRIA) § 665.85 Closures ...... § 665.166 Closures. (American Samoa) § 665.268 Closures. (Hawaii) § 665.466 Closures. (Marianas) § 665.666 Closures. (PRIA) § 665.86 Size restrictions ...... § 665.165 Size restrictions. (American Samoa) § 665.265 Size restrictions. (Hawaii) § 665.465 Size restrictions. (Marianas) § 665.665 Size restrictions. (PRIA) § 665.87 Area restrictions ...... § 665.266 Area restrictions. (Hawaii) § 665.88 Gear restrictions ...... § 665.164 Gear restrictions, (American Samoa) § 665.264 Gear restrictions. (Hawaii) § 665.464 Gear restrictions. (Marianas) § 665.664 Gear restrictions. (PRIA) § 665.89 Framework procedures ...... § 665.18 Framework adjustments to management measures. § 665.90 Gold coral harvest moratorium ...... § 665.169 Gold coral harvest moratorium. (American Samoa) § 665.270 Gold coral harvest moratorium. (Hawaii) § 665.469 Gold coral harvest moratorium. (Marianas) § 665.669 Gold coral harvest moratorium. (PRIA)

Subpart G—Western Pacific Coral Reef Ecosystem Fisheries None

§ 665.601 Relation to other laws ...... § 665.123 Relation to other laws. (American Samoa) § 665.223 Relation to other laws. (Hawaii) § 665.423 Relation to other laws. (Marianas) § 665.623 Relation to other laws. (PRIA) § 665.602 Permits and fees ...... § 665.124 Permits and Fees. (American Samoa) § 665.224 Permits and Fees. (Hawaii) § 665.424 Permits and Fees. (Marianas) § 665.624 Permits and Fees. (PRIA) § 665.603 Prohibitions ...... § 665.125 Prohibitions. (American Samoa) § 665.225 Prohibitions. (Hawaii) § 665.425 Prohibitions. (Marianas) § 665.625 Prohibitions. (PRIA) § 665.604 Notifications ...... § 665.126 Notifications. (American Samoa) § 665.226 Notifications. (Hawaii) § 665.426 Notifications. (Marianas) § 665.626 Notifications. (PRIA) § 665.605 Allowable gear and gear restrictions ...... § 665.127 Allowable gear and gear restrictions. (American Samoa) § 665.227 Allowable gear and gear restrictions. (Hawaii) § 665.427 Allowable gear and gear restrictions. (Marianas) § 665.627 Allowable gear and gear restrictions. (PRIA) § 665.606 Gear identification ...... § 665.128 Gear identification. (American Samoa) § 665.228 Gear identification. (Hawaii) § 665.428 Gear identification. (Marianas) § 665.628 Gear identification. (PRIA) § 665.607 Framework for regulatory adjustments ...... § 665.18 Framework for regulatory adjustments. § 665.608 Regulatory area ...... § 665.98 Management area. (American Samoa) § 665.222 Management area. (Hawaii) § 665.422 Management area. (Marianas) § 665.598 Management area. (PRIA) § 665.609 Annual reports ...... § 665.18 Framework for regulatory adjustments. Table 1 to Part 665—Quotas for Precious Corals Permit Areas ...... § 665.167 Quotas. (American Samoa) § 665.269 Quotas. (Hawaii) § 665.467 Quotas. (Marianas) § 665.667 Quotas. (PRIA) Table 2 to Part 665—Currently Harvested Coral Reef Taxa ...... § 665.121 Definitions. (American Samoa) § 665.221 Definitions. (Hawaii) § 665.421 Definitions. (Marianas) § 665.621 Definitions. (PRIA) Table 3 to Part 665—Potentially Harvested Coral Reef Taxa ...... § 665.121 Definitions. (American Samoa)

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Old section New section

§ 665.221 Definitions. (Hawaii) § 665.421 Definitions. (Marianas) § 665.621 Definitions. (PRIA) Figure 1 to Part 665—Carapace Length of Lobsters ...... Figure 1 to Part 665—Carapace Length of Lobsters Figure 2 to Part 665—Length of Fishing Vessel ...... Figure 2 to Part 665—Length of Fishing Vessel None ...... Figure 3 to Part 665—Sample Fabricated Arceneaux Line Clipper None ...... § 665.100 American Samoa Bottomfish and Seamount Groundfish Fisheries. § 665.120 American Samoa Coral Reef Ecosystem Fisheries. § 665.140 American Samoa Crustacean Fisheries. § 665.160 American Samoa Precious Coral Fisheries. None ...... § 665.200 Hawaii Bottomfish and Seamount Groundfish Fisheries. § 665.220 Hawaii Coral Reef Ecosystem Fisheries. § 665.240 Hawaii Crustacean Fisheries. § 665.260 Hawaii Precious Coral Fisheries. None ...... § 665.400 Mariana Bottomfish and Seamount Groundfish Fisheries. § 665.420 Mariana Coral Reef Ecosystem Fisheries. § 665.440 Mariana Crustacean Fisheries. § 665.460 Mariana Precious Coral Fisheries. None ...... § 665.600 PRIA Bottomfish and Seamount Groundfish Fisheries. § 665.620 PRIA Coral Reef Ecosystem Fisheries. § 665.640 PRIA Crustacean Fisheries. § 665.660 PRIA Precious Coral Fisheries. None ...... § 665.798 Management Area. (Western Pacific Pelagic)

Revisions to Paperwork Reduction Act information collection, and 15 CFR to correctly reference the new sections (PRA) References 902.1(b) identifies the location of NOAA resulting from the reorganization. Section 3507 of the PRA requires that regulations for which OMB approvals The following table lists the agencies inventory and display a current have been issued. Because this final rule derivation of the NOAA PRA approvals control number assigned by the codifies recordkeeping and reporting for regulatory requirements in 50 CFR Director, OMB, for each agency requirements, 15 CFR 902.1(b) is revised part 665:

Old section New section OMB Control No.

§ 665.13 Permits and fees ...... § 665.13 Permits and fees ...... 0648–0463, –0490, –0577, –0584, –0586, and –0589. § 665.14 Reporting and recordkeeping ...... § 665.14 Reporting and recordkeeping ...... 0648–0214, –0462, –0577, –0584, –0586, and –0589. § 665.16 Vessel identification ...... § 665.16 Vessel identification ...... 0648–0361, –0584, –0586, and –0589. § 665.17 Experimental fishing ...... § 665.17 Experimental fishing ...... 0648–0214 and –0490. § 665.19 Vessel monitoring system ...... § 665.19 Vessel monitoring system ...... 0648–0441, –0519, and –0584. § 665.21(l) Permits; Hawaii longline limited ac- § 665.801 Permits ...... 0648–0490. cess permit. § 665.21(g) Permits; squid jig ...... § 665.801(g) ...... 0648–0589. § 665.23 Notifications ...... § 665.803 Notifications ...... 0648–0214. § 665.24 Gear identification ...... § 665.804 Gear identification ...... 0648–0360. § 665.27 Exemptions for longline fishing pro- § 665.807 Exemptions for longline fishing 0648–0490. hibited areas; procedures. prohibited areas; procedures. § 665.28 Conditions for at-sea observer cov- § 665.808 Conditions for at-sea observer 0648–0214. erage. coverage. § 665.35 Pelagic longline seabird mitigation § 665.815 Pelagic longline seabird mitigation 0648–0456. measures. measures. § 665.41 Permits ...... § 665.142 Permits. 0648–0490 and –0586. § 665.242 Permits...... § 665.442 Permits. § 665.642 Permits. § 665.43 Notifications ...... § 665.144 Notifications ...... 0648–0214. § 665.244 Notifications. § 665.444 Notifications. § 665.644 Notifications. § 665.47 Gear identification ...... § 665.246 Gear identification ...... 0648–0360. § 665.49 At-sea observer coverage ...... § 665.145 At-sea observer coverage ...... 0648–0214. § 665.247 At-sea observer coverage. § 665.445 At-sea observer coverage. § 665.645 At-sea observer coverage ...... § 665.61 Permits ...... § 665.203 Permits ...... 0648–0490 and –0584. § 665.404 Permits. § 665.603 Permits. § 665.63 Notification ...... § 665.205 Notification ...... 0648–0214.

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Old section New section OMB Control No.

§ 665.65 At-sea observer coverage ...... § 665.105 At-sea observer coverage ...... 0648–0214. § 665.207 At-sea observer coverage. § 665.407 At-sea observer coverage. § 665.606 At-sea observer coverage. § 665.81 Permits ...... § 665.162 Permits ...... 0648–0490. § 665.262 Permits. § 665.462 Permits. § 665.662 Permits. § 665.602 Permits and Fees ...... § 665.124 Permits and Fees ...... 0648–0463. § 665.224 Permits and Fees. § 665.424 Permits and Fees. § 665.624 Permits and Fees. § 665.604 Notifications ...... § 665.126 Notifications ...... 0648–0462. § 665.226 Notifications. § 665.426 Notifications. § 665.606 Gear identification ...... § 665.128 Gear identification ...... 0648–0360. § 665.228 Gear identification. § 665.428 Gear identification. § 665.628 Gear identification.

Under NOAA Administrative Order regulatory text to be consistent with the under the respective FEPs. All of the 205–11, dated December 17, 1990, the above changes. current fisheries in the western Pacific Under Secretary for Oceans and In the proposed rule, NMFS indicated that are managed under the FEPs have Atmosphere has delegated authority to that it would make administrative been reviewed for compliance with sign material for publication in the clarifications in several cross-references applicable laws. None of the actions Federal Register to the Assistant to 50 CFR part 665 that are found in 50 considered result in irreversible or Administrator for Fisheries, NOAA. CFR part 404 regarding the irretrievable commitments of resources Additional background information Northwestern Hawaiian Islands Marine and none results in significant or on this final rule may be found in the National Monument. This is part of a unavoidable adverse impacts. preamble to the proposed rule, and is joint chapter between NOAA and the This final rule has been determined to not repeated here. U.S. Fish and Wildlife Service, and be not significant for purposes of amendments to part 404 need to be Executive Order 12866. Comments and Responses issued in a rule signed by an official The Chief Counsel for Regulation of from both agencies. Thus, NOAA will the Department of Commerce certified On November 19, 2009, NMFS address amendments to part 404 later in to the Chief Counsel for Advocacy of the published a proposed rule and request a jointly-issued rule. No changes are Small Business Administration during for public comment (74 FR 60050). The made to part 404 in this final rule. the proposed rule stage that this action public comment period ended on would not have a significant economic December 4, 2009. NMFS received no Classification impact on a substantial number of small public comments. The Regional Administrator, NMFS entities. The factual basis for the Changes From the Proposed Rule Pacific Islands Region, determined that certification was published in the the restructured regulations are proposed rule and is not repeated here. NMFS made several administrative necessary for the conservation and No comments were received regarding changes to the final rule for consistency management of western Pacific fisheries this certification. As a result, a with changes implemented by a recent, and that they are consistent with FEPs, regulatory flexibility analysis was not separate rulemaking. On December 10, the Magnuson-Stevens Fishery required, and none was prepared. 2009, NMFS published a final rule that Conservation and Management Act, and This final rule contains collection-of- removed or revised several regulations other applicable laws. information requirements subject to the for western Pacific longline fishing (74 A PEIS was prepared for the FEPs, PRA that have been approved by OMB, FR 65460). In § 665.800, the definition and a Notice of Availability of the final as follows: of shallow-set certificate was removed. PEIS was published on October 30, 2009 1. Approved under 0648–0214, 0648– The prohibition against shallow-set (74 FR 56194). The PEIS discusses 0577, 0648–0584, 0648–0586, and 0649– fishing without certificates on board at impacts on target and non-target stocks, 0589. (a) Pacific Islands Region (PIR) § 665.802(bb) was also removed. The including bottomfish, pelagic fish, logbook family of forms estimated at 5 technical requirements for sea turtle precious corals, coral reef ecosystem minutes (min) per reporting action; (b) dehookers were clarified at species, crustaceans, essential fish pre-trip and post-landing notifications § 665.812(a)(7)(iii). The sea turtle habitat and habitat areas of particular estimated at 5 min per reporting action; mitigation requirements at § 665.812 concern, protected species, fishery (c) experimental fishing reports were reorganized for clarity. participants and communities, and estimated at 4 hours (hr) per reporting Requirements of the annual shallow-set administration and enforcement. This action; (d) sales and transshipment effort limitation program at § 665.813(a), action is administrative in that it reports estimated at 5 min per reporting (c), and (e) were removed. The annual restructures existing western Pacific action; (e) report on gear left at sea limit on sea turtle interactions and fishery regulations at 50 CFR part 665, estimated at 5 min per reporting action; related administrative procedures at and none of the alternatives, or the (f) claims for reimbursement for lost § 665.813(b) were revised. The circle actions considered as part of the fishing time estimated at 4 hr per claim; hook specifications at § 665.813(f) were alternatives, change existing fisheries, or (g) request for pelagics area closure clarified. This final rule updates the the impact of continuing activities exemption estimated at 1 hr per request;

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and (h) observer placement meetings 3 hr per appeal. (§§ 665.124, 665.224, natives, Northern Mariana Islands, estimated at 1 hr per reporting action. 665.424, and 665.624.) Pacific remote island areas, Reporting (§§ 665.14, 665.17, 665.105, 665.144, 7. Approved under 0648–0490, 0648– and recordkeeping requirements. 665.145, 665.205, 665.207, 665.244, 0577, 0648–0584, 0648–0586, and 0649– Dated: December 23, 2009. 665.247, 665.407, 665.444, 665.445, 0589: (a) PIR permit family of forms Samuel D. Rauch III, 665.606, 665.644, 665.645, 665.803, and estimated at 0.5 hr per permit action; (b) 665.808.) experimental fishing permits, estimated Deputy Assistant Administrator for 2. Approved under 0648–0360, 0648– at 2 hr per application; and (c) appeals Regulatory Programs, National Marine Fisheries Service. 0361, 0648–0584, 0648–0586, and 0648– from permit actions estimated at 2 hr 0589. PIR gear and vessel and per permit appeal. (§§ 665.13, 665.17, ■ For the reasons set out in the identification estimated at 45 min to 1 665.142, 665.162, 665.203, 665.242, preamble, 15 CFR chapter IX, 50 CFR hr 15 min per vessel for vessel 665.262, 665.404, 665.442, 665.462, chapter II, 50 CFR chapter IV, and 50 identification and 2 min for each gear 665.603, 665.642, 665.662, 665.801, and CFR chapter VI are amended as follows: marking. (§§ 665.16, 665.128, 665.228, 665.807.) 15 CFR CHAPTER IX 665.246, 665.428, 665.628, and Send comments regarding these 665.804.) burden estimates, or any other aspect of PART 902—NOAA INFORMATION 3. Approved under 0648–0441, 0648– this data collection, including COLLECTION REQUIREMENTS UNDER 0519, and 0648–0584. PIR vessel suggestions for reducing the burden, to THE PAPERWORK REDUCTION ACT: monitoring system (a) installation, William L. Robinson, NMFS PIR, 1601 OMB CONTROL NUMBERS estimated at 4 hr per reporting action; Kapiolani Blvd., Suite 1110, Honolulu, (b) repair and maintenance, estimated at HI 96814, and by e-mail to ■ 1. The authority citation for Part 902 2 hr per reporting action; and (c) hourly [email protected] or fax to continues to read as follows: automated position reports, estimated at 202–395–7285. Authority: 44 U.S.C. 3501 et seq. 24 sec per day. (§ 665.19.) Notwithstanding any other provision 4. Approved under 0648–0456. PIR of law, no person is required to respond ■ 2. Amend the table in § 902.1(b) by: seabird interaction reporting (a) at-sea to, nor shall a person be subject to a ■ a. Removing the entries and notification, estimated at 1 hr per penalty for failure to comply with, a corresponding OMB numbers under 50 reporting action; (b) reporting on collection of information subject to the CFR for §§ 665.21(k), 665.23, 665.24, recovery data form, estimated at 1 hr per requirements of the PRA unless that 665.27, 665.28, 665.35, 665.41, 665.43, reporting action; and (c) specimen collection displays a currently valid 665.48, 665.61, 665.63, 665.65, 665.81, tagging, estimated at 0.5 hr per reporting OMB control number. 665.602, 665.604, and 665.606. action. (§ 665.815.) List of Subjects ■ 5. Approved under 0648–0462. PIR b. Amending the table in § 902.1(b) by coral reef logbook reporting (a) at-sea 15 CFR Part 902 revising the entries for §§ 665.13, 665.14, 665.16, 665.17, and 665.19, and notification, estimated at 3 min per Reporting and recordkeeping ■ c. Adding new entries and reporting action; (b) logbook reporting, requirements. estimated at 0.5 hr per reporting action; corresponding OMB numbers under 50 and (c) transshipment reports, estimated 50 CFR Part 223 CFR for §§ 665.105 through 665.815. at 15 min per reporting action. Exports, Imports, Marine mammals, The revisions and additions read as (§§ 665.14, 665.126, 665.226, and Transportation. follows: 665.426.) 6. Approved under 0648–0463. PIR 50 CFR Part 665 § 902.1 OMB control numbers assigned coral reef special permit (a) application, Administrative practice and pursuant to the Paperwork Reduction Act. estimated at 2 hr per application; and procedure, American Samoa, Fisheries, * * * * * (b) special permit appeals, estimated at Fishing, Guam, Hawaii, Hawaiian (b) Display.

CFR part or section where the information collection requirement Current OMB control number is located (all numbers begin with 0648–)

******* 50 CFR

******* 665.13 ...... –0463, –0490, –0577, –0584, –0586, and –0589. 665.14 ...... –0214, –0462, –0577, –0584, –0586, and –0589. 665.16 ...... –0361, –0584, –0586, and –0589. 665.17 ...... –0214 and –0490. 665.19 ...... –0441, –0519, and –0584. 665.105 ...... –0214. 665.124 ...... –0463. 665.126 ...... –0462. 665.128 ...... –0360. 665.142 ...... –0490 and –0586. 665.144 ...... –0214. 665.145 ...... –0214. 665.162 ...... –0490. 665.203 ...... –0490 and –0577. 665.205 ...... –0214. 665.207 ...... –0214. 665.224 ...... –0463. 665.226 ...... –0462.

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CFR part or section where the information collection requirement is lo- Current OMB control number cated (all numbers begin with 0648–)

665.228 ...... –0360. 665.242 ...... –0490 and –0586. 665.244 ...... –0214. 665.246 ...... –0360. 665.247 ...... –0214. 665.262 ...... –0490. 665.404 ...... –0490 and –0584. 665.407 ...... –0214. 665.424 ...... –0463. 665.426 ...... –0462. 665.428 ...... –0360. 665.442 ...... –0490 and –0586. 665.444 ...... –0214. 665.445 ...... –0214. 665.462 ...... –0490. 665.603 ...... –0490. 665.606 ...... –0214. 665.624 ...... –0463. 665.628 ...... –0360. 665.642 ...... –0490 and –0586. 665.644 ...... –0214. 665.445 ...... –0214. 665.662 ...... –0490. 665.801 ...... –0490 and –0589. 665.803 ...... –0214. 665.804 ...... –0360. 665.807 ...... –0490. 665.808 ...... –0214. 665.815 ...... –0456.

*******

50 CFR CHAPTER II ■ 7. Revise part 665 to read as follows: 665.126 Notifications. 665.127 Allowable gear and gear PART 223—THREATENED MARINE PART 665—FISHERIES IN THE restrictions. AND ANADROMOUS SPECIES WESTERN PACIFIC 665.128 Gear identification. 665.129–665.139 [Reserved] ■ 4. The authority citation for 50 CFR Subpart A—General 665.140 American Samoa crustacean part 223 continues to read as follows: Sec. fisheries [Reserved]. 665.1 Purpose and scope. 665.141 Definitions. Authority: 16 U.S.C. 1531–1543 et seq. 665.142 Permits. 665.2 Relation to other laws. 665.143 Prohibitions. ■ 5. In § 223.206, revise paragraph (d)(9) 665.3 Licensing and registration. 665.144 Notifications. introductory text to read as follows: 665.4–665.11 [Reserved] 665.145 At-sea observer coverage. 665.12 Definitions. 665.146–665.159 [Reserved] § 223.206 Exceptions to prohibitions 665.13 Permits and fees. 665.160 American Samoa precious coral relating to sea turtles. 665.14 Reporting and recordkeeping. fisheries [Reserved]. 665.15 Prohibitions. * * * * * 665.161 Definitions. 665.16 Vessel identification. (d) * * * 665.162 Permits. (9) Restrictions applicable to Pacific 665.17 Experimental fishing. 665.163 Prohibitions. pelagic longline vessels. In addition to 665.18 Framework adjustments to 665.164 Gear restrictions. the general prohibitions specified in management measures. 665.165 Size restrictions. 665.19 Vessel monitoring system. § 600.725 of chapter VI of this title, it is 665.166 Closures. unlawful for any person who is not Subpart B—American Samoa Fisheries 665.167 Quotas. 665.168 Seasons. operating under a western Pacific 665.98 Management area. 665.169 Gold coral harvest moratorium. longline permit under § 665.801 of this 665.99 Area restrictions. title to do any of the following on the 665.100 American Samoa bottomfish Subpart C—Hawaii Fisheries high seas of the Pacific Ocean east of fisheries [Reserved]. 665.198 Management areas. 150° W. long. and north of the Equator 665.101 Definitions. 665.199 Area restrictions [Reserved]. (0° N. lat.): 665.102 [Reserved] 665.200 Hawaii bottomfish and seamount 665.103 Prohibitions. groundfish fisheries [Reserved]. * * * * * 665.104 Gear restrictions. 665.201 Definitions. 50 CFR CHAPTER VI 665.105 At-sea observer coverage. 665.202 Management subareas. 665.106–665.119 [Reserved] 665.203 Permits. PART 665—FISHERIES IN THE 665.120 American Samoa coral reef 665.204 Prohibitions. WESTERN PACIFIC ecosystem fisheries [Reserved]. 665.205 Notification. 665.121 Definitions. 665.206 Gear restrictions. ■ 6. The authority citation for 50 CFR 665.122 [Reserved] 665.207 At-sea observer coverage. 665.123 Relation to other laws. 665.208 Protected species conservation. part 665 continues to read as follows: 665.124 Permits and fees. 665.209 Fishing moratorium on Hancock Authority: 16 U.S.C. 1801 et seq. 665.125 Prohibitions. Seamount.

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665.210 Hawaii restricted bottomfish 665.443 Prohibitions. 665.809 Port privileges and transiting for species. 665.444 Notifications. unpermitted U.S. longline vessels. 665.211 Total Allowable Catch (TAC) limit. 665.445 At-sea observer coverage. 665.810 Prohibition of drift gillnetting. 665.212 Non-commercial bag limits. 665.446–665.459 [Reserved] 665.811 [Reserved] 665.213–665.219 [Reserved] 665.460 Mariana precious coral fisheries 665.812 Sea turtle take mitigation measures. 665.220 Hawaii coral reef ecosystem [Reserved]. 665.813 Western Pacific longline fishing fisheries [Reserved]. 665.461 Definitions. restrictions. 665.221 Definitions. 665.462 Permits. 665.814 Protected species workshop. 665.222 Management area. 665.463 Prohibitions. 665.815 Pelagic longline seabird mitigation 665.223 Relation to other laws. 665.464 Gear restrictions. measures. 665.224 Permits and fees. 665.465 Size restrictions. 665.816 American Samoa longline limited 665.225 Prohibitions. 665.466 Closures. entry program. 665.226 Notifications. 665.467 Quotas. 665.817 American Samoa pelagic fishery 665.227 Allowable gear and gear 665.468 Seasons. area management. restrictions. 665.469 Gold coral harvest moratorium. 665.818 Exemptions for American Samoa 665.228 Gear identification. large vessel prohibited areas. 665.229–665.239 [Reserved] Subpart E—Pacific Remote Island Area FIGURE 1 TO PART 665. CARAPACE 665.240 Hawaii crustacean fisheries Fisheries LENGTH OF LOBSTERS [Reserved]. 665.598 Management area. FIGURE 2 TO PART 665. LENGTH OF 665.241 Definitions. 665.599 Area Restrictions. FISHING VESSELS 665.242 Permits. 665.600 PRIA bottomfish fisheries FIGURE 3 TO PART 665. SAMPLE 665.243 Prohibitions. [Reserved]. FABRICATED ARCENEAUX LINE 665.244 Notifications. 665.601 Definitions. CLIPPER 665.245 Gear restrictions. 665.602 [Reserved] Authority: 16 U.S.C. 1801 et seq. 665.246 Gear identification. 665.603 Permits. 665.247 At-sea observer coverage. 665.604 Prohibitions. Subpart A—General 665.248 Monk seal protective measures. 665.605 Gear restrictions. 665.249 Lobster size and condition 665.606 At-sea observer coverage. § 665.1 Purpose and scope. restrictions in Permit Area 2. 665.607–665.619 [Reserved] (a) The regulations in this part govern 665.250 Closed seasons. 665.620 PRIA coral reef ecosystem fisheries fishing for western Pacific fishery 665.251 Closed areas. [Reserved]. ecosystem MUS by vessels of the United 665.252 Harvest limitation program. 665.621 Definitions. States that operate or are based inside 665.253–665.259 [Reserved] 665.622 [Reserved] the outer boundary of the U.S. EEZ 665.260 Hawaii precious coral fisheries 665.623 Relation to other laws. around American Samoa, Hawaii, [Reserved]. 665.624 Permits and fees. 665.261 Definitions. 665.625 Prohibitions. Guam, the Northern Mariana Islands, 665.262 Permits. 665.626 Notifications. Palmyra Atoll, Kingman Reef, Jarvis 665.263 Prohibitions. 665.627 Allowable gear and gear Island, Baker Island, Howland Island, 665.264 Gear restrictions. restrictions. Johnston Atoll, and Wake Island. 665.265 Size restrictions. 665.628 Gear identification. (b) General regulations governing 665.266 Area restrictions. 665.640 PRIA crustacean fisheries. fishing by all vessels of the United 665.267 Seasons. 665.629–665.639 [Reserved] States and by fishing vessels other than 665.268 Closures. 665.641 Definitions. vessels of the United States are 665.269 Quotas. 665.642 Permits. contained in 50 CFR part 600. 665.270 Gold coral harvest moratorium. 665.643 Prohibitions. (c) Regulations governing the harvest, 665.644 Notifications Subpart D—Mariana Archipelago Fisheries possession, landing, purchase, and sale 665.645 At-sea observer coverage. 665.398 Management areas. 665.646–665.659 [Reserved] of shark fins are found in 50 CFR part 665.399 Area restrictions. 665.660 PRIA precious coral fisheries 600 subpart N. 665.400 Mariana bottomfish fisheries [Reserved]. (d) This subpart contains regulations [Reserved]. 665.661 Definitions. that are common to all western Pacific 665.401 Definitions. 665.662 Permits. fisheries managed under Fishery 665.402 Management subareas. 665.663 Prohibitions. Ecosystem Plans (FEPs) prepared by the 665.403 Bottomfish fishery area 665.664 Gear restrictions. Western Pacific Fishery Management management. 665.665 Size restrictions. Council under the Magnuson-Stevens 665.404 Permits. 665.666 Closures. Act. 665.405 Prohibitions. 665.667 Quotas. (e) Regulations specific to individual 665.406 Gear restrictions. 665.668 Seasons. 665.407 At-sea observer coverage. 665.669 Gold coral harvest moratorium. areas and fisheries are included in 665.418–665.419 [Reserved] subparts B through F of this part. 665.420 Mariana coral reef ecosystem Subpart F—Western Pacific Pelagic (f) Nothing in subparts B through F of fisheries [Reserved]. Fisheries this part is intended to supersede any 665.421 Definitions. 665.798 Management area. valid state or Federal regulations that 665.422 Management area. 665.799 Area restrictions. are more restrictive than those 665.423 Relation to other laws. 665.800 Definitions. published here. 665.424 Permits and fees. 665.801 Permits. 665.425 Prohibitions. 665.802 Prohibitions. § 665.2 Relation to other laws. 665.426 Notifications. 665.803 Notifications. NMFS recognizes that any state law 665.427 Allowable gear and gear 665.804 Gear identification. pertaining to vessels registered under restrictions. 665.805 [Reserved] the laws of that state while operating in 665.428 Gear identification. 665.806 Longline fishing prohibited area 665.429–665.439 [Reserved] management. the fisheries regulated under this part, 665.440 Mariana crustacean fisheries 665.807 Exemptions for longline fishing that is consistent with this part and the [Reserved]. prohibited areas; procedures. FEPs implemented by this part, shall 665.441 Definitions. 665.808 Conditions for at-sea observer continue in effect with respect to fishing 665.442 Permits. coverage. activities regulated under this part.

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§ 665.3 Licensing and registration. reports or through creel surveys. Incidental catch or incidental species Any person who is required to do so Fisheries and research data from many means species caught while fishing for by applicable state law or regulation of these species have been analyzed by the primary purpose of catching a must comply with licensing and regional management agencies. different species. registration requirements in the exact Dead coral means any precious coral Land or landing means offloading fish manner required by applicable state law that no longer has any live coral polyps from a fishing vessel, arriving in port to or regulation. or tissue. begin offloading fish, or causing fish to EFP means an experimental fishing be offloaded from a fishing vessel. §§ 665.4–665.11 [Reserved] permit. Large vessel means, as used in this § 665.12 Definitions. First level buyer means: part, any vessel equal to or greater than (1) The first person who purchases, 50 ft (15.2 m) in length overall. In addition to the definitions in the with the intention to resell, management Length overall (LOA) or length of a Magnuson-Stevens Act, § 600.10 of this unit species, or portions thereof, that vessel as used in this part, means the chapter, and subparts B through F of were harvested by a vessel that holds a horizontal distance, rounded to the this part, general definitions for western permit or is otherwise regulated under nearest foot (with any 0.5 foot or 0.15 Pacific fisheries have the following crustacean fisheries in subparts B meter fraction rounded upward), meanings: through E of this part; or between the foremost part of the stem American Samoa FEP means the (2) A person who provides and the aftermost part of the stern, Fishery Ecosystem Plan for American recordkeeping, purchase, or sales excluding bowsprits, rudders, outboard Samoa. assistance in the first transaction motor brackets, and similar fittings or Bottomfish FMP means the Fishery involving MUS (such as the services attachments (see Figure 2 to this part). Management Plan for Bottomfish and provided by a wholesale auction ‘‘Stem’’ is the foremost part of the vessel, Seamount Groundfish of the Western facility). consisting of a section of timber or Pacific Region established in 1986 and Fishing gear, as used in regulations fiberglass, or cast forged or rolled metal, replaced by FEPs. for the American Samoa, CNMI, Hawaii, to which the sides of the vessel are Carapace length means a and PRIA bottomfish fisheries in united at the fore end, with the lower measurement in a straight line from the subparts B through E of this part, end united to the keel, and with the ridge between the two largest spines includes: bowsprit, if one is present, resting on above the eyes, back to the rear edge of (1) Bottom trawl, which means a trawl the upper end. ‘‘Stern’’ is the aftermost the carapace of a spiny lobster (see in which the otter boards or the footrope part of the vessel. Figure 1 to this part). of the net are in contact with the sea Live coral means any precious coral Circle hook means a fishing hook with bed; that has live coral polyps or tissue. the point turned perpendicularly back (2) Gillnet, (see § 600.10); Live rock means any natural, hard towards the shank. (3) Hook-and-line, which means one substrate, including dead coral or rock, Commercial fishing means fishing in or more hooks attached to one or more to which is attached, or which supports, which the fish harvested, either in lines; any living marine life form associated whole or in part, are intended to enter (4) Set net, which means a stationary, with coral reefs. commerce or enter commerce through buoyed, and anchored gill net; and Low-use marine protected area (MPA) sale, barter, or trade. All lobster fishing (5) Trawl, (see § 600.10). means an area of the U.S. EEZ where in Crustacean Permit Area 1 is Fishing trip means a period of time fishing operations have specific considered commercial fishing. during which fishing is conducted, restrictions in order to protect the coral Commonwealth of the Northern beginning when the vessel leaves port reef ecosystem, as specified under area Mariana Islands (CNMI) means the and ending when the vessel lands fish. restrictions in subparts B through F of Northern Mariana Islands. Fishing year means the year beginning this part. Coral Reef Ecosystems FMP means the at 0001 local time on January 1 and Main Hawaiian Islands (MHI) means Fishery Management Plan for Coral Reef ending at 2400 local time on December the islands of the Hawaii Archipelago Ecosystems of the Western Pacific 31, with the exception of fishing for lying to the east of 161° W. long. Region established in 2004 and replaced Hawaii Restricted Bottomfish Species Mariana Archipelago means Guam by FEPs. and any precious coral MUS. and the Northern Mariana Islands. Council means the Western Pacific Freeboard means the straight line Mariana FEP means the Fishery Fishery Management Council. vertical distance between a vessel’s Ecosystem Plan for the Mariana Crustacean receiving vessel means a working deck and the sea surface. If the Archipelago. vessel of the United States to which vessel does not have gunwale door or Medium vessel, as used in this part, lobsters taken in a crustacean stern door that exposes the working means any vessel equal to or more than management area are transferred from deck, freeboard means the straight line 40 ft (12.2 m) and less than 50 ft (15.2 another vessel. vertical distance between the top of a m) LOA. Crustaceans FMP means the Fishery vessel’s railing and the sea surface. Non-commercial fishing means Management Plan for Crustacean Harvest guideline means a specified fishing that does not meet the definition Fisheries of the Western Pacific Region numerical harvest objective. of commercial fishing. established in 1982 and replaced by Hawaiian Archipelago means the Non-precious coral means any species FEPs. Main and Northwestern Hawaiian of coral other than those listed under Currently harvested coral reef taxa Islands, including Midway Atoll. the definitions for precious coral in (CHCRT) means coral reef associated Hawaii FEP means the Fishery §§ 665.161, 665.261, 665.461, and species, families, or subfamilies, as Ecosystem Plan for the Hawaiian 665.661. defined in §§ 665.121, 665.221, 665.421, Archipelago. Non-selective gear means any gear and 665.621, that have annual landings Hookah breather means a tethered used for harvesting coral that cannot greater than 454.54 kg (1,000 lb) as underwater breathing device that pumps discriminate or differentiate between reported on individual state, air from the surface through one or more types, size, quality, or characteristics of commonwealth, or territory catch hoses to divers at depth. living or dead coral.

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Northwestern Hawaiian Islands PRIA FEP means the Fishery fisheries are set forth in subparts B (NWHI) means the islands of the Ecosystem Plan for the Pacific Remote through F of this part. Hawaiian Archipelago lying to the west Island Areas of Palmyra Atoll, Kingman (b) Validity. Each permit is valid for of 161° W. long. Reef, Jarvis Island, Baker Island, fishing only in the specific fishery No-take MPA means an area of the Howland Island, Johnston Atoll, and management areas identified on the U.S. EEZ that is closed to fishing for or Wake Island. permit. harvesting of any MUS, as defined in Protected species means an animal (c) Application. (1) A Western Pacific subparts B through F of this part. protected under the MMPA, as Federal fisheries permit application may Offload means to remove MUS from a amended, listed under the ESA, as be obtained from NMFS PIRO to apply vessel. amended, or subject to the Migratory for a permit or permits to operate in any Offset circle hook means a circle hook Bird Treaty Act, as amended. of the fisheries regulated under subparts in which the barbed end of the hook is Receiving vessel means a vessel that B through F of this part. The completed displaced relative to the parallel plane receives fish or fish products from a application must be submitted to PIRO. of the eyed end, or shank, of the hook fishing vessel, and with regard to a In no case shall PIRO accept an when laid on its side. vessel holding a permit under application that is not on the Western Owner, as used in the regulations for § 665.801(e), that also lands western Pacific Federal fisheries permit the crustacean fisheries in subparts B Pacific pelagic MUS taken by other application form. (2) A minimum of 15 days after the through E of this part and § 665.203(i) vessels using longline gear. Regional Administrator means day PIRO receives a complete and (j), means a person who is Regional Administrator, Pacific Islands application should be allowed for identified as the current owner of the Region, NMFS (see Table 1 of § 600.502 processing a permit application for vessel as described in the Certificate of of this chapter for address). fisheries under subparts B through F of Documentation (Form CG–1270) issued Selective gear means any gear used for this part. If an incomplete or improperly by the United States Coast Guard harvesting coral that can discriminate or completed application is filed, the (USCG) for a documented vessel, or in differentiate between type, size, quality, applicant will be sent a letter of notice a registration certificate issued by a or characteristics of living or dead coral. of deficiency. If the applicant fails to state, a territory, or the USCG for an Special Agent-In-Charge (SAC) means correct the deficiency within 30 days undocumented vessel. As used in the the Special Agent-In-Charge, NMFS, following the date of the letter of regulations for the precious coral Pacific Islands Enforcement Division, or notification of deficiency, the fisheries in subparts B through E of this a designee of the SAC, located at 1601 application will be considered part and § 665.203(c) through (h), the Kapiolani Blvd., Suite 950, Honolulu, abandoned. definition of ‘‘owner’’ in § 600.10 of this HI 96814, telephone number 808–203– (d) Change in application chapter continues to apply. 2500. information. Any change in the permit Pacific Islands Regional Office (PIRO) Special permit means a permit issued application information or vessel means the headquarters of the Pacific to allow fishing for coral reef ecosystem documentation, submitted under Islands Region, NMFS, located at 1601 MUS in low-use MPAs or to fish for any paragraph (c) of this section, must be Kapiolani Blvd., Suite 1110, Honolulu, PHCRT. reported to PIRO in writing within 15 Hawaii 96814; telephone number 808– State of Hawaii commercial marine days of the change to avoid a delay in 944–2200. license means the license required by processing the permit application. A Pacific remote island areas (PRIA, or the State of Hawaii for anyone to take minimum of 10 days from the day the U.S. island possessions in the Pacific marine life for commercial purposes information is received by PIRO should Ocean) means Palmyra Atoll, Kingman (also known as the commercial fishing be given for PIRO to record any change Reef, Jarvis Island, Baker Island, license). in information from the permit Howland Island, Johnston Atoll, Wake Transship means to offload or application submitted under paragraph Island, and Midway Atoll. otherwise transfer MUS or products (c) of this section. Failure to report such thereof to a receiving vessel. Pelagics FEP means the Fishery changes may result in a delay in Trap means a box-like device used for Ecosystem Plan for Pacific Pelagic processing an application, permit Fisheries of the Western Pacific Region. catching and holding lobsters or fish. U.S. harvested coral means coral holders failing to receive important Pelagics FMP means the Fishery notifications, or sanctions pursuant to Management Plan for Pelagic Fisheries caught, taken, or harvested by vessels of the United States within any fishery for the Magnuson-Stevens Act at 16 U.S.C. of the Western Pacific Region that was 1858(g) or 15 CFR part 904, subpart D. established in 1987 and replaced by the which an FMP or FEP has been implemented under the Magnuson- (e) Issuance. After receiving a western Pacific pelagic FEP. complete application submitted under Potentially harvested coral reef taxa Stevens Act. Vessel monitoring system unit (VMS paragraph (c) of this section, the (PHCRT) means coral reef associated unit) means the hardware and software Regional Administrator will issue a species, families, or subfamilies, as owned by NMFS, installed on vessels by permit to an applicant who is eligible defined in §§ 665.121, 665.221, 665.421, NMFS, and required to track and under this part, as appropriate. and 665.621, for which little or no transmit the positions of certain vessels. (f) Fees. (1) PIRO will not charge a fee information is available beyond general Western Pacific fishery management for a permit issued under §§ 665.142, taxonomic and distribution area means those waters shoreward of 665.162, 665.242, 665.262, 665.442, descriptions. These species have either the outer boundary of the EEZ around 665.462, 665.642, or 665.662 of this not been caught in the past or have been American Samoa, Guam, Hawaii, CNMI, part, for a Ho’omalu limited access harvested annually in amounts less than Midway, Johnston and Palmyra Atolls, permit issued under § 665.203, or for a 454.54 kg (1,000 lb). Kingman Reef, and Wake, Jarvis, Baker, Guam bottomfish permit issued under Precious Corals FMP means the and Howland Islands. § 665.404. Fishery Management Plan for Precious (2) PIRO will charge a non-refundable Corals of the Western Pacific Region § 665.13 Permits and fees. processing fee for each application established in 1983 and replaced by (a) Applicability. The requirements for (including transfers and renewals) for fishery ecosystem plans (FEPs). permits for specific Western Pacific the permits listed in paragraphs (f)(2)(i)

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through (viii) of this section. The or regulation must make and/or file all § 665.801(f), crustacean fishing permit amount of the fee is calculated in reports of MUS landings containing all for the PRIA (Permit Area 4) pursuant to accordance with the procedures of the data and in the exact manner required § 665.642(a), or a precious coral fishing NOAA Finance Handbook, for by applicable state law or regulation. permit for Permit Area X–P–PI pursuant determining the administrative costs of (b) Fishing record forms—(1) to § 665.662, the original logbook form each special product or service incurred Applicability. (i) The operator of any for each day of fishing within EEZ in processing the permit. The fee may fishing vessel subject to the waters around the PRIA must be not exceed such costs and is specified requirements of §§ 665.124, 665.142, submitted to the Regional Administrator with each application form. The 665.162, 665.203(a)(2), 665.224, within 30 days of the end of each appropriate fee must accompany each 665.242, 665.262, 665.404, 665.424, fishing trip. application. Failure to pay the fee will 665.442, 665.462, 665.603, 665.624, (iv) If fishing was authorized under a preclude the issuance, transfer or 665.642, 665.662, or 665.801 must permit pursuant to §§ 665.124, 665.224, renewal of any of these permits: maintain on board the vessel an 665.424, or 665.624, the original (i) Hawaii longline limited access accurate and complete record of catch, logbook information for each day of permit. effort, and other data on paper report fishing must be submitted to the (ii) Mau Zone limited access permit. forms provided by the Regional Regional Administrator within 30 days (iii) Coral reef ecosystem special Administrator, or electronically as of the end of each fishing trip. permit. specified and approved by the Regional (c) Transshipment logbooks. Any (iv) American Samoa longline limited Administrator, except as allowed in person subject to the requirements of access permit. paragraph (b)(1)(iii) of this section. §§ 665.124(a)(2), 665.224(a)(2), (v) MHI non-commercial bottomfish (ii) All information specified by the 665.424(a)(2), 665.624(a)(2), or permit. Regional Administrator must be 665.801(e) must maintain on board the (vi) Western Pacific squid jig permit. recorded on paper or electronically vessel an accurate and complete NMFS (vii) Crustacean permit. within 24 hours after the completion of transshipment logbook containing (viii) CNMI commercial bottomfish each fishing day. The logbook report forms provided by the Regional permit. information, reported on paper or Administrator. All information specified (g) Expiration. Permits issued under electronically, for each day of the on the forms must be recorded on the subparts B through F of this part are fishing trip must be signed and dated or forms within 24 hours after the day of valid for the period specified on the otherwise authenticated by the vessel transshipment. Each form must be permit unless revoked, suspended, operator in the manner determined by signed and dated by the receiving vessel transferred, or modified under 15 CFR the Regional Administrator, and be operator. The original logbook for each part 904. submitted or transmitted via an day of transshipment activity must be (h) Replacement. Replacement approved method as specified by the submitted to the Regional Administrator permits may be issued, without charge, Regional Administrator, and as required within 72 hours of each landing of to replace lost or mutilated permits. An by this paragraph (b). western Pacific pelagic MUS. The application for a replacement permit is (iii) In lieu of the requirements in original logbook for each day of not considered a new application. paragraph (a)(1)(i) of this section, the transshipment activity must be (i) Transfer. An application for a operator of a fishing vessel registered for submitted to the Regional Administrator permit transfer under §§ 665.203(d), use under a Western Pacific squid jig within 7 days of each landing of coral 665.242(e), or 665.801(k), or for permit pursuant to the requirements of reef ecosystem MUS. registration of a permit for use with a § 665.801(g) may participate in a state (d) Sales report. The operator of any replacement vessel under § 665.203(i), reporting system. If participating in a fishing vessel subject to the must be submitted to PIRO as described state reporting system, all required requirements of §§ 665.142, 665.242, in paragraph (c) of this section. information must be recorded and 665.442, or 665.642, or the owner of a (j) Alteration. Any permit that has submitted in the exact manner required medium or large fishing vessel subject been altered, erased, or mutilated is by applicable state law or regulation. to the requirements of § 665.404(a)(2) invalid. (2) Timeliness of submission. (i) If must submit to the Regional (k) Display. Any permit issued under fishing was authorized under a permit Administrator, within 72 hours of this subpart, or a facsimile of such pursuant to §§ 665.142, 665.242, offloading of crustacean MUS, an permit, must be on board the vessel at 665.442, 665.404, 665.162, 665.262, accurate and complete sales report on a all times while the vessel is fishing for, 665.462, 665.662, or 665.801, the vessel form provided by the Regional taking, retaining, possessing, or landing operator must submit the original Administrator. The form must be signed MUS shoreward of the outer boundary logbook information for each day of the and dated by the fishing vessel operator. of the fishery management area. Any fishing trip to the Regional (e) Packing or weigh-out slips. The permit issued under this section must Administrator within 72 hours of the operator of any fishing vessel subject to be displayed for inspection upon end of each fishing trip, except as the requirements of §§ 665.142, 665.242, request of an authorized officer. allowed in paragraph (iii) of this 665.442, or 665.642 must attach packing (l) Sanctions. Procedures governing section. or weighout slips provided to the sanctions and denials are found at (ii) If fishing was authorized under a operator by the first-level buyer(s), subpart D of 15 CFR part 904. permit pursuant to § 665.203(a)(2), the unless the packing or weighout slips (m) Permit appeals. Procedures for vessel operator or vessel owner must have not been provided in time by the appeals of permitting and submit the original logbook form for buyer(s). administrative actions are specified in each day of the fishing trip to the (f) Modification of reporting and the relevant subparts of this part. Regional Administrator within 72 hours recordkeeping requirements. The of the end of each fishing trip. Regional Administrator may, after § 665.14 Reporting and recordkeeping. (iii) If fishing was authorized under a consultation with the Council, initiate (a) Except for precious coral and PRIA bottomfish permit pursuant to rulemaking to modify the information to crustacean fisheries, any person who is § 665.603(a), PRIA pelagic troll and be provided on the fishing record forms, required to do so by applicable state law handline permit pursuant to transshipment logbook, and sales report

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forms and timeliness by which the this subpart and §§ 665.120 through 665.247, 665.407, 665.445, 665.606, information is to be provided, including 665.128, 665.220 through 665.228, 665.645, or 665.808, or under any the submission of packing or weighout 665.420 through 665.428, or 665.620 provision in an EFP issued under slips. through 665.628 of this part must make § 665.17. (g) Availability of records for those records immediately available for (k) Fail to notify officials as required inspection. (1) Western Pacific pelagic Federal inspection and copying upon in §§ 665.126, 665.144, 665.205, MUS. Upon request, any fish dealer request by an authorized officer as 665.226, 665.244, 665.426, 665.444, must immediately provide an defined in § 600.10 of this chapter. 665.626, 665.644, 665.803, or 665.808. authorized officer access to inspect and (h) State reporting. Any person who (l) Fish for, take or retain within a no- copy all records of purchases, sales, or has a permit under §§ 665.124, 665.203, take MPA, defined in §§ 665.99, other transactions involving western 665.224, 665.404, 665.424, 665.603, or 665.199, 665.399, or 665.599, any Pacific pelagic MUS taken or handled 665.624 and who is regulated by state bottomfish MUS, crustacean MUS, by longline vessels that have permits laws and regulations to maintain and western Pacific pelagic MUS, precious issued under this subpart or that are submit records of catch and effort, coral, seamount groundfish or coral reef otherwise subject to subpart F of this landings and sales for vessels regulated ecosystem MUS. part, including, but not limited to, by subparts B through F of this part (m) Fail to comply with a term or information concerning: must maintain and submit those records condition governing the vessel (i) The name of the vessel involved in in the exact manner required by state monitoring system in violation of each transaction and the owner and laws and regulations. § 665.19. operator of the vessel. (n) Fish for, catch, or harvest MUS (ii) The weight, number, and size of § 665.15 Prohibitions. without an operational VMS unit on each species of fish involved in each In addition to the prohibitions in board the vessel after installation of the transaction. § 600.725 of this chapter, it is unlawful VMS unit by NMFS, in violation of (iii) Prices paid by the buyer and for any person to: § 665.19(e)(2). proceeds to the seller in each (a) Engage in fishing without a valid (o) Possess MUS, that were harvested transaction. permit or facsimile of a valid permit on after NMFS has installed the VMS unit (2) Crustacean MUS. Upon request, board the vessel and available for on the vessel, on board that vessel any first-level buyer must immediately inspection by an authorized officer, without an operational VMS unit, in allow an authorized officer and any when a permit is required under violation of § 665.19(e)(2). employee of NMFS designated by the §§ 665.13 or 665.17, unless the vessel (p) Interfere with, tamper with, alter, Regional Administrator, to access, was at sea when the permit was issued damage, disable, or impede the inspect, and copy all records relating to under § 665.13, in which case the operation of a VMS unit or attempt any the harvest, sale, or transfer of permit must be on board the vessel of the same; or move or remove a VMS crustacean MUS taken by vessels that before its next trip. unit without the prior permission of the have permits issued under this subpart (b) File false information on any SAC in violation of § 665.19(e)(3). or §§ 665.140 through 665.145, 665.240 application for a fishing permit under (q) Make a false statement, oral or through 665.252, 665.440 through § 665.13 or an EFP under § 665.17. written, to an authorized officer, 665.445, or 665.640 through 665.645 of (c) Fail to file reports in the exact regarding the use, operation, or this part. This requirement may be met manner required by any state law or maintenance of a VMS unit, in violation by furnishing the information on a regulation, as required in § 665.14. of § 665.19(e). worksheet provided by the Regional (d) Falsify or fail to make, keep, (r) Interfere with, impede, delay, or Administrator. The information must maintain, or submit any logbook or prevent the installation, maintenance, include, but is not limited to: logbook form or other record or report repair, inspection, or removal of a VMS (i) The name of the vessel involved in required under §§ 665.14 and 665.17. unit, in violation of § 665.19(e). each transaction and the owner or (e) Refuse to make available to an (s) Interfere with, impede, delay, or operator of the vessel. authorized officer or a designee of the prevent access to a VMS unit by a (ii) The amount, number, and size of Regional Administrator for inspection or NMFS observer, in violation of each MUS involved in each transaction. copying, any records that must be made § 665.808(f)(4). (iii) Prices paid by the buyer and available in accordance with § 665.14. (t) Connect or leave connected proceeds to the seller in each (f) Fail to affix or maintain vessel or additional equipment to a VMS unit transaction. gear markings, as required by §§ 665.16, without the prior approval of the SAC, (3) Bottomfish and seamount 665.128, 665.228, 665.246, 665.428, in violation of § 665.19(f). groundfish MUS. Any person who is 665.628, or 665.804. required by state laws and regulations to (g) Violate a term or condition of an § 665.16 Vessel identification. maintain records of landings and sales EFP issued under § 665.17. (a) Each fishing vessel subject to this for vessels regulated by this subpart and (h) Fail to report any take of or subpart, except those identified in by §§ 665.100 through 665.105, 665.200 interaction with protected species as paragraph (e) of this section, must through 665.212, 665.400 through required by § 665.17(k). display its official number on the port 665.407, and 665.600 through 665.606 (i) Fish without an observer on board and starboard sides of the deckhouse or of this part must make those records the vessel after the owner or agent of the hull, and on an appropriate weather immediately available for Federal owner has been directed by NMFS to deck, so as to be visible from inspection and copying upon request by make accommodations available for an enforcement vessels and aircraft. an authorized officer. observer under §§ 665.17, 665.105, (b) The official number must be (4) Coral reef ecosystem MUS. Any 665.145, 665.207, 665.247, 665.407, affixed to each vessel subject to this part person who has a special permit and 665.445, 665.606, 665.645, or 665.808. in block Arabic numerals at least 18 who is required by state laws and (j) Refuse to make accommodations inches (45.7 cm) in height for fishing regulations to maintain and submit available for an observer when so and receiving vessels of 65 ft (19.8 m) records of catch and effort, landings and directed by the Regional Administrator LOA or longer, and at least 10 inches sales for coral reef ecosystem MUS by under §§ 665.105, 665.145, 665.207, (25.4 cm) in height for all other vessels,

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except that vessels in precious coral (iii) USCG documentation, state reasons for the denial. Grounds for fisheries and 65 ft (19.8 m) LOA or license, or registration number. denial of an EFP include, but are not longer must be marked in block Arabic (iv) Home port. limited to, the following: numerals at least 14 inches (35.6 cm) in (v) Length of vessel. (i) The applicant has failed to disclose height. Marking must be legible and of (vi) Net tonnage. material information required, or has a color that contrasts with the (vii) Gross tonnage. made false statements as to any material background. (6) A description of the species fact, in connection with his or her (c) The vessel operator must ensure (directed and incidental) to be harvested application. that the official number is clearly legible under the EFP and the amount of such (ii) According to the best scientific and in good repair. harvest necessary to conduct the information available, the harvest to be (d) The vessel operator must ensure experiment. conducted under the permit would that no part of the vessel, its rigging, or (7) For each vessel covered by the detrimentally affect any species of fish its fishing gear obstructs the view of the EFP, the approximate times and places in a significant way. official number from an enforcement fishing will take place, and the type, (iii) Issuance of the EFP would vessel or aircraft. size, and amount of gear to be used. inequitably allocate fishing privileges (e) The following fishing vessels are (8) The signature of the applicant. among domestic fishermen or would exempt from the vessel identification (d) Incomplete applications. The have economic allocation as its sole requirements in this section: Regional Administrator may request purpose. (1) A vessel registered for use under from an applicant additional (iv) Activities to be conducted under a MHI non-commercial bottomfish information necessary to make the the EFP would be inconsistent with the permit that is in compliance with State determinations required under this intent of this section or the management of Hawaii bottomfish vessel registration section. An applicant will be notified of objectives of the FEP. and marking requirements. an incomplete application within 10 (v) The applicant has failed to (2) A vessel less than 40 ft (12.2 m) working days of receipt of the demonstrate a valid justification for the LOA registered for use under a CNMI application. An incomplete application permit. commercial bottomfish permit that is in will not be considered until corrected in (vi) The activity proposed under the compliance with CNMI bottomfish writing. EFP would create a significant vessel registration and marking (e) Issuance. (1) If an application enforcement problem. requirements. contains all of the required information, (4) The decision to grant or deny an NMFS will publish a notice of receipt of EFP is final and unappealable. If the § 665.17 Experimental fishing. the application in the Federal Register permit is granted, NMFS will publish a (a) General. The Regional with a brief description of the proposal notice in the Federal Register Administrator may authorize, for and will give interested persons an describing the experimental fishing to limited purposes, the direct or opportunity to comment. The Regional be conducted under the EFP. The incidental harvest of MUS that would Administrator will also forward copies Regional Administrator may attach otherwise be prohibited by this part. No of the application to the Council, the terms and conditions to the EFP experimental fishing may be conducted USCG, and the fishery management consistent with the purpose of the unless authorized by an EFP issued by agency of the affected state, experiment including, but not limited the Regional Administrator in accompanied by the following to: accordance with the criteria and information: (i) The maximum amount of each procedures specified in this section. (i) The current utilization of domestic species that can be harvested and EFPs will be issued without charge. annual harvesting and processing landed during the term of the EFP, (b) Observers. No experimental fishing capacity (including existing including trip limits, where appropriate. for crustacean MUS may be conducted (ii) The number, sizes, names, and experimental harvesting, if any) of the unless a NMFS observer is aboard the identification numbers of the vessels directed and incidental species for vessel. authorized to conduct fishing activities (c) Application. An applicant for an which an EFP is being requested. (ii) A citation of the regulation or under the EFP. EFP must submit to the Regional (iii) The times and places where regulations that, without the EFP, would Administrator at least 60 days before the experimental fishing may be conducted. desired date of the EFP a written prohibit the proposed activity. (iv) The type, size, and amount of gear (iii) Biological information relevant to application including, but not limited which may be used by each vessel the proposal. to, the following information: operated under the EFP. (1) The date of the application. (2) At a Council meeting following (v) The condition that observers be (2) The applicant’s name, mailing receipt of a complete application, the carried aboard vessels operating under address, and telephone number. Regional Administrator will consult an EFP. (3) A statement of the purposes and with the Council and the Director of the (vi) Data reporting requirements. goals of the experiment for which an affected state fishery management (vii) Such other conditions as may be EFP is needed, including a general agency concerning the permit necessary to assure compliance with the description of the arrangements for application. The applicant will be purposes of the EFP consistent with the disposition of all species harvested notified in advance of the meeting at objectives of the FEP. under the EFP. which the application will be (f) Duration. Unless otherwise (4) A statement of whether the considered, and invited to appear in specified in the EFP or a superseding proposed experimental fishing has support of the application, if the notice or regulation, an EFP is effective broader significance than the applicant’s applicant desires. for no longer than one (1) year from the individual goals. (3) Within 5 working days after the date of issuance, unless revoked, (5) For each vessel to be covered by consultation in paragraph (e)(2) of this suspended, or modified. EFPs may be the EFP: section, or as soon as practicable renewed following the application (i) Vessel name. thereafter, NMFS will notify the procedures in this section. (ii) Name, address, and telephone applicant in writing of the decision to (g) Alteration. Any EFP that has been number of owner and operator. grant or deny the EFP and, if denied, the altered, erased, or mutilated is invalid.

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(h) Transfer. EFPs issued under (ii) The Council may recommend to removed, or reinstituted. Such subparts B through F of this part are not the Regional Administrator that recommendation shall include transferable or assignable. An EFP is established measures be modified, supporting rationale and analysis, and valid only for the vessel(s) for which it removed, or reinstituted. Such shall be made after advance public is issued. recommendation shall include notice, public discussion, and (i) Inspection. Any EFP issued under supporting rationale and analysis, and consideration of public comment. subparts B through F of this part must shall be made after advance public NMFS may implement the Council’s be carried aboard the vessel(s) for which notice, public discussion, and recommendation by rulemaking if it was issued. The EFP must be consideration of public comment. approved by the Regional presented for inspection upon request of NMFS may implement the Council’s Administrator. any authorized officer. recommendation by rulemaking if (4) Procedure for new measures. (i) (j) Sanctions. Failure of the holder of approved by the Regional New measures are regulations for which an EFP to comply with the terms and Administrator. the impacts have not been evaluated in conditions of an EFP, the provisions of (4) Procedure for new measures. (i) Council or NMFS documents in the subparts A through F of this part, any New measures are regulations for which context of current conditions. other applicable provision of this part, the impacts have not been evaluated in (ii) The Council will publicize, the Magnuson-Stevens Act, or any other Council or NMFS documents in the including by a Federal Register regulation promulgated thereunder, is context of current conditions. document, and solicit public comment (ii) The Council will publicize, grounds for revocation, suspension, or on, any proposed new management including by Federal Register notice, modification of the EFP with respect to measure. After a Council meeting at and solicit public comment on, any all persons and vessels conducting which the measure is discussed, the proposed new management measure. activities under the EFP. Any action After a Council meeting at which the Council will consider recommendations taken to revoke, suspend, or modify an measure is discussed, the Council will and prepare a Federal Register EFP will be governed by 15 CFR part consider recommendations and prepare document summarizing the Council’s 904 subpart D. Other sanctions available a Federal Register notice summarizing deliberations, rationale, and analysis for under the statute will be applicable. the Council’s deliberations, rationale, the preferred action, and the time and (k) Protected species. Persons fishing and analysis for the preferred action, place for any subsequent Council under an EFP must report any and the time and place for any meeting(s) to consider the new measure. incidental take or fisheries interaction subsequent Council meeting(s) to At subsequent public meeting(s), the with protected species on a form consider the new measure. At Council will consider public comments provided for that purpose. Reports must subsequent public meeting(s), the and other information received to make be submitted to the Regional Council will consider public comments a recommendation to the Regional Administrator within 3 days of arriving and other information received to make Administrator about any new measure. in port. a recommendation to the Regional NMFS may implement the Council’s Administrator about any new measure. recommendation by rulemaking if § 665.18 Framework adjustments to approved by the Regional management measures. NMFS may implement the Council’s recommendation by rulemaking if Administrator. Framework measures described below approved by the Regional (c) Bottomfish measures—(1) Annual for each specific fishery are valid for all Administrator. reports. By June 30 of each year, a management areas, except where (b) Crustacean measures—(1) Council-appointed bottomfish specifically noted in this section. Introduction. New management monitoring team will prepare an annual (a) Pelagic measures—(1) measures may be added through report on the fishery by area covering Introduction. Adjustments in rulemaking if new information the following topics: management measures may be made demonstrates that there are biological, (i) Fishery performance data. through rulemaking if new information social, or economic concerns in Permit (ii) Summary of recent research and demonstrates that there are biological, Areas 1, 2, or 3. The following survey results. social, or economic concerns in the framework process authorizes the (iii) Habitat conditions and recent fishery. The following framework implementation of measures that may alterations. process authorizes the implementation affect the operation of the fisheries, gear, of measures that may affect the (iv) Enforcement activities and harvest guidelines, or changes in catch problems. operation of the fisheries, gear, harvest and/or effort. guidelines, or changes in catch and/or (v) Administrative actions (e.g., data (2) Annual report. By June 30 of each collection and reporting, permits). effort. year, the Council-appointed team will (vi) State and territorial management (2) Annual report. By June 30 of each prepare an annual report on the actions. year, the Council-appointed pelagics fisheries in the management area. The monitoring team will prepare an annual report shall contain, among other things, (vii) Assessment of need for Council report on the fisheries in the recommendations for Council action action (including biological, economic, management area. The report shall and an assessment of the urgency and social, enforcement, administrative, and contain, among other things, effects of such action(s). state/Federal needs, problems, and recommendations for Council action (3) Procedure for established trends). Indications of potential and an assessment of the urgency and measures. (i) Established measures are problems warranting further effects of such action(s). regulations for which the impacts have investigation may be signaled by the (3) Procedure for established been evaluated in Council or NMFS following indicator criteria: measures. (i) Established measures are documents in the context of current (A) Mean size of the catch of any regulations for which the impacts have conditions. species in any area is a pre-reproductive been evaluated in Council or NMFS (ii) The Council may recommend to size. documents in the context of current the Regional Administrator that (B) Ratio of fishing mortality to conditions. established measures be modified, natural mortality for any species.

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(C) Harvest capacity of the existing recommendation, will propose levels, catch rates, and biological fleet and/or annual landings exceed best regulations to carry out the action. If the condition of the stocks. The Council estimate of MSY in any area. Regional Administrator rejects the may establish a new target number (D) Significant decline (50 percent or Council’s proposed action, a written based on the 5-year review. more) in bottomfish catch per unit of explanation for the denial will be (d) Precious coral measures—(1) effort from baseline levels. provided to the Council within 2 weeks Introduction. Established management (E) Substantial decline in ex-vessel of the decision. measures may be revised and new revenue relative to baseline levels. (iii) The Council may appeal a denial management measures may be (F) Significant shift in the relative by writing to the Assistant established and/or revised through proportions of gear in any one area. Administrator, who must respond in rulemaking if new information (G) Significant change in the frozen/ writing within 30 days. demonstrates that there are biological, fresh components of the bottomfish (iv) The Regional Administrator and social, or economic concerns in a catch. the Assistant Administrator will make precious coral permit area. The (H) Entry/exit of fishermen in any their decisions in accord with the following framework process authorizes area. Magnuson-Stevens Act, other applicable the implementation of measures that (I) Per-trip costs for bottomfish fishing law, and the bottomfish measures of the may affect the operation of the fisheries, exceed per-trip revenues for a FEPs. gear, quotas, season, or levels of catch significant percentage of trips. (v) To minimize conflicts between the and/or in effort. (J) Significant decline or increase in Federal and state management systems, (2) Annual report. By June 30 of each total bottomfish landings in any area. the Council will use the procedures in year, the Council-appointed precious (K) Change in species composition of paragraph (c)(2) of this section to coral team will prepare an annual report the bottomfish catch in any area. respond to state/territorial management on the fisheries in the management area. (L) Research results. actions. Council consideration of action The report will contain, among other (M) Habitat degradation or would normally begin with a things, recommendations for Council environmental problems. representative of the state or territorial action and an assessment of the urgency (N) Reported interactions between government bringing a potential or and effects of such action(s). bottomfish fishing operations and actual management conflict or need to (3) Procedure for established protected species in the NWHI. the Council’s attention. measures. (i) Established measures are (viii) Recommendations for Council (4) Access limitation procedures. (i) regulations for which the impacts have action. Access limitation may be adopted under been evaluated in Council or NMFS (ix) Estimated impacts of this paragraph (c)(4) only for the NWHI, documents in the context of current recommended action. American Samoa, and Guam. conditions. (2) Recommendation of management (ii) If access limitation is proposed for (ii) The Council may recommend to action. (i) The team may present adoption or subsequent modification the Regional Administrator that management recommendations to the through the process described in this established measures be modified, Council at any time. Recommendations paragraph (c)(4), the following removed, or reinstituted. Such may cover actions suggested for Federal requirements must be met: recommendation will include regulations, state/territorial action, (A) The bottomfish monitoring team supporting rationale and analysis and enforcement or administrative elements, must consider and report to the Council will be made after advance public and research and data collection. on present participation in the fishery; notice, public discussion, and Recommendations will include an historical fishing practices in, and consideration of public comment. assessment of urgency and the effects of dependence on, the fishery; economics NMFS may implement the Council’s not taking action. of the fishery; capability of fishing recommendation by rulemaking if (ii) The Council will evaluate the vessels used in the fishery to engage in approved by the Regional team’s reports and recommendations, other fisheries; cultural and social Administrator. and the indicators of concern. The framework relevant to the fishery; and (4) Procedure for new measures. (i) Council will assess the need for one or any other relevant considerations. New measures are regulations for which more of the following types of (B) Public hearings must be held the impacts have not been evaluated in management action: Catch limits, size specifically addressing the limited Council or NMFS documents in the limits, closures, effort limitations, access proposals. context of current conditions. access limitations, or other measures. (C) A specific advisory subpanel of (ii) The Council will publicize, (iii) The Council may recommend persons experienced in the fishing including by a Federal Register management action by either the state/ industry will be created to advise the document, and solicit public comment territorial governments or by Federal Council and the Regional Administrator on, any proposed new management regulation. on administrative decisions. measure. After a Council meeting at (3) Federal management action. (i) If (D) The Council’s recommendation to which the measure is discussed, the the Council believes that management the Regional Administrator must be Council will consider recommendations action should be considered, it will approved by a two-thirds majority of the and prepare a Federal Register make specific recommendations to the voting members. document summarizing the Council’s Regional Administrator after requesting (5) Five-year review. The Council will deliberations, rationale, and analysis for and considering the views of its conduct a comprehensive review on the the preferred action and the time and Scientific and Statistical Committee and effectiveness of the Mau Zone limited place for any subsequent Council Bottomfish Advisory Panel and access program 5 years following meeting(s) to consider the new measure. obtaining public comments at a public implementation of the program. The At a subsequent public meeting, the hearing. Council will consider the extent to Council will consider public comments (ii) The Regional Administrator will which the FEP objectives have been met and other information received before consider the Council’s recommendation and verify that the target number of making a recommendation to the and accompanying data, and, if he or vessels established for the fishery is Regional Administrator about any new she concurs with the Council’s appropriate for current fishing activity measure. If approved by the Regional

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Administrator, NMFS may implement Administrator, who must respond in and operate the VMS unit after the date the Council’s recommendation by writing within 30 days. scheduled for installation. rulemaking. (C) The Regional Administrator and (d) Fees and charges. During the (e) Coral reef ecosystem measures— the Assistant Administrator will make experimental VMS program, the holder (1) Procedure for established measures. their decisions in accordance with the of a permit subject to § 665.19(a) shall (i) Established measures are regulations Magnuson-Stevens Act, other applicable not be assessed any fee or other charges for which the impacts have been laws, and the FEPs. to obtain and use a VMS unit, including evaluated in Council or NMFS (D) To minimize conflicts between the the communication charges related documents in the context of current Federal and state/territorial/ directed to requirements under this conditions. commonwealth management systems, section. Communication charges related (ii) The Council may recommend to the Council will use the procedures in to any additional equipment attached to the Regional Administrator that this paragraph (e)(2)(ii) to respond to the VMS unit by the owner or operator established measures be modified, state/territorial/commonwealth shall be the responsibility of the owner removed, or reinstituted. Such management actions. The Council’s or operator and not NMFS. recommendation shall include consideration of action would normally (e) Permit holder duties. The holder of supporting rationale and analysis, and begin with a representative of the state, a permit subject to § 665.19(a) and shall be made after advance public territorial or commonwealth master of the vessel must: notice, public discussion and government bringing a potential or (1) Provide opportunity for the SAC to consideration of public comment. actual management conflict or need to install and make operational a VMS unit NMFS may implement the Council’s the Council’s attention. after notification. recommendation by rulemaking if (3) Annual report. By July 31 of each (2) Carry and continuously operate approved by the Regional year, a Council-appointed coral reef the VMS unit on board whenever the Administrator. ecosystem monitoring team will prepare vessel is at sea. (2) Procedure for new measures. (i) an annual report on coral reef fisheries (3) Not remove, relocate, or make non- New measures are regulations for which of the western Pacific region. The report operational the VMS unit without prior the impacts have not been evaluated in will contain, among other things: approval from the SAC. (i) Fishery performance data, Council or NMFS documents in the (f) Authorization by the SAC. The summaries of new information and context of current conditions. New SAC has authority over the installation measures include, but are not limited to, assessments of need for Council action. (ii) Recommendation for Council and operation of the VMS unit. The SAC catch limits, resource size limits, may authorize the connection or order closures, effort limitations, reporting action. The Council will evaluate the annual report and advisory body the disconnection of additional and recordkeeping requirements. equipment, including a computer, to (ii) The Regional Administrator will recommendations and may recommend management action by either the state/ any VMS unit when deemed publicize, including by Federal Register appropriate by the SAC. notice, and solicit public comment on, territorial/commonwealth governments any proposed new management or by Federal regulation. Subpart B—American Samoa Fisheries measure. After a Council meeting at (iii) If the Council believes that § 665.98 Management area. which the measure is discussed, the management action should be Council will consider recommendations considered, it will make specific The American Samoa fishery and prepare a document summarizing recommendations to the Regional management area is the EEZ seaward of the Council’s deliberations, rationale, Administrator after considering the the Territory of American Samoa with and analysis for the preferred action, views of its advisory bodies. the inner boundary coterminous with and the time and place for any § 665.19 Vessel monitoring system. the seaward boundaries of the Territory of American Samoa and the outer subsequent Council meeting(s) to (a) Applicability. The holder of any of boundary designated as a line drawn in consider the new measure. At the following permits is subject to the such a manner that each point on it is subsequent public meeting(s), the vessel monitoring system requirements 200 nautical miles from the baseline Council will consider public comments in this part: from which the territorial sea is and other information received to make (1) Hawaii longline limited access measured, or is coterminous with a recommendation to the Regional permit issued pursuant to § 665.801(b); Administrator about any new measure. (2) American Samoa longline limited adjacent international maritime NMFS may implement the Council’s entry permit, for vessel size Class C or boundaries. recommendation by rulemaking if D, issued pursuant to § 665.801(c); § 665.99 Area restrictions. approved by the Regional (3) Vessels permitted to fish in Fishing is prohibited in all no-take Administrator. Crustacean Permit Area 1 VMS Subarea; MPAs. The following U.S. EEZ waters (A) The Regional Administrator will or around American Samoa are no-take consider the Council’s recommendation (4) CNMI commercial bottomfish MPAs: Landward of the 50 fm (91.5 m) and supporting rationale and analysis, permit, if the vessel is a medium or curve around Rose Atoll, as depicted on and, if the Regional Administrator large bottomfish vessel, issued pursuant National Ocean Survey Chart Number concurs with the Council’s to § 665.404(a)(2). recommendation, will propose (b) VMS unit. Only a VMS unit owned 83484. regulations to carry out the action. If the by NMFS and installed by NMFS § 665.100 American Samoa bottomfish Regional Administrator rejects the complies with the requirement of this fisheries [Reserved]. Council’s proposed action, the Regional subpart. Administrator will provide a written (c) Notification. After a permit holder § 665.101 Definitions. explanation for the denial within 2 subject to § 665.19(a) has been notified As used in §§ 665.100 through weeks of the decision. by the SAC of a specific date for 665.119: (B) The Council may appeal a denial installation of a VMS unit on the permit American Samoa bottomfish by writing to the Assistant holder’s vessel, the vessel must carry management unit species (American

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Samoa bottomfish MUS) means the following fish:

Samoan name English common name Scientific name

palu-gutusiliva ...... red snapper, silvermouth ...... Aphareus rutilans. asoama ...... gray snapper, jobfish ...... Aprion virescens. sapoanae ...... giant trevally, jack ...... Caranx ignobilis. tafauli ...... black trevally, jack ...... Caranx lugubris. fausi ...... blacktip grouper ...... Epinephelus fasciatus. papa, velo ...... lunartail grouper ...... Variola louti. palu malau ...... red snapper ...... Etelis carbunculus. palu-loa ...... red snapper ...... Etelis coruscans. filoa-gutumumu ...... Ambon emperor ...... Lethrinus amboinensis. filoa-paomumu ...... redgill emperor ...... Lethrinus rubrioperculatus. savane ...... blueline snapper ...... Lutjanus kasmira. palu-i’usama ...... yellowtail snapper ...... Pristipomoides auricilla. palu-‘ena’ena ...... pink snapper ...... Pristipomoides filamentosus. palu-sina ...... yelloweye snapper ...... Pristipomoides flavipinnis. palu ...... pink snapper ...... Pristipomoides seiboldii. palu-ula, palu-sega ...... snapper ...... Pristipomoides zonatus. malauli ...... amberjack ...... Seriola dumerili.

§ 665.102 [Reserved] (c) Poisons and explosives. The American Samoa coral reef ecosystem possession or use of any poisons, § 665.103 Prohibitions. management unit species (American explosives, or intoxicating substances Samoa coral reef ecosystem MUS) In addition to the general prohibitions for the purpose of harvesting bottomfish means all of the Currently Harvested specified in § 600.725 of this chapter is prohibited. Coral Reef Taxa and Potentially and § 665.15, it is unlawful for any Harvested Coral Reef Taxa listed in this person to fish for American Samoa § 665.105 At-sea observer coverage. bottomfish MUS using gear prohibited All fishing vessels subject to section and which spend the majority of under § 665.104. §§ 665.100 through 665.105 must carry their non-pelagic (post-settlement) life an observer when directed to do so by stages within waters less than or equal § 665.104 Gear restrictions. the Regional Administrator. to 50 fathoms in total depth. (a) Bottom trawls and bottom set American Samoa Currently Harvested §§ 665.106–665.119 [Reserved] gillnets. Fishing for American Samoa Coral Reef Taxa: bottomfish MUS with bottom trawls and § 665.120 American Samoa coral reef bottom set gillnets is prohibited. ecosystem fisheries [Reserved]. (b) Possession of gear. The possession of a bottom trawl or bottom set gillnet § 665.121 Definitions. within the American Samoa fishery As used in §§ 665.120 through management area is prohibited. 665.139:

Family name Samoan name English common name Scientific name

Acanthuridae (Surgeonfishes) ...... afinamea ...... orange-spot surgeonfish ...... Acanthurus olivaceus. yellowfin surgeonfish ...... Acanthurus xanthopterus. Aanini ...... convict tang ...... Acanthurus triostegus. eye-striped surgeonfish ...... Acanthurus dussumieri. ponepone, gaitolama ...... blue-lined surgeon ...... Acanthurus nigroris. Alogo ...... blue-banded surgeonfish ...... Acanthurus lineatus. pone-i’usama ...... blackstreak surgeonfish ...... Acanthurus nigricauda. laulama, ...... whitecheek surgeonfish ...... Acanthurus nigricans. Maogo ...... white-spotted surgeonfish ...... Acanthurus guttatus. ringtail surgeonfish ...... Acanthurus blochii. ponepone ...... brown surgeonfish ...... Acanthurus nigrofuscus. elongate surgeonfish ...... Acanthurus mata. mimic surgeonfish ...... Acanthurus pyroferus. Pone ...... yellow-eyed surgeonfish ...... Ctenochaetus strigosus. pone, pala’ia, logoulia ...... striped bristletooth ...... Ctenochaetus striatus. two-spot bristletooth ...... Ctenochaetus binotatus. ume-isu ...... bluespine unicornfish ...... Naso unicornus. ili’ilia, umelei ...... orangespine unicornfish ...... Naso lituratus. black tongue unicornfish ...... Naso hexacanthus. ume-masimasi ...... bignose unicornfish ...... Naso vlamingii. whitemargin unicornfish ...... Naso annulatus. ume-ulutao ...... spotted unicornfish ...... Naso brevirostris. barred unicornfish ...... Naso thynnoides. Balistidae (Triggerfishes) ...... sumu, sumu-laulau ...... titan triggerfish ...... Balistoides viridescens. orangestriped triggerfish ...... Balistapus undulatus. sumu-‘apa’apasina, sumu- pinktail triggerfish ...... Melichthys vidua. si’umumu. sumu-uli ...... black triggerfish ...... Melichthys niger.

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Family name Samoan name English common name Scientific name

sumu-laulau ...... blue triggerfish ...... Pseudobalistes fuscus. sumu-uo’uo, sumu-aloalo ...... picassofish ...... Rhinecanthus aculeatus. sumu-gase’ele’ele ...... bridled triggerfish ...... Sufflamen fraenatum. Atule ...... bigeye scad ...... Selar crumenophthalmus. atuleau, namuauli ...... mackerel scad ...... Decapterus macarellus. Carcharhinidae (Sharks) ...... malie-aloalo ...... grey reef shark ...... Carcharhinus amblyrhynchos. Aso ...... silvertip shark ...... Carcharhinus albimarginatus. Malie ...... Galapagos shark ...... Carcharhinus galapagensis. apeape, malie-alamata ...... blacktip reef shark ...... Carcharhinus melanopterus. Malu ...... whitetip reef shark ...... Triaenodon obesus. Holocentridae (Soldierfish, malau-ugatele, malau-va’ava’a ..... bigscale soldierfish ...... Myripristis berndti. squirrelfish. malau-tui ...... bronze soldierfish ...... Myripristis adusta. blotcheye soldierfish ...... Myripristis murdjan. brick soldierfish ...... Myripristis amaena. malau-mamo, malau-va’ava’a ...... scarlet soldierfish ...... Myripristis pralinia. malau-tuauli ...... violet soldierfish ...... Myripristis violacea. whitetip soldierfish ...... Myripristis vittata. yellowfin soldierfish ...... Myripristis chryseres. malau-pu’u ...... pearly soldierfish ...... Myripristis kuntee. double tooth squirrelfish ...... Myripristis hexagona. blackspot squirrelfish ...... Sargocentron melanospilos. malau-tianiu ...... file-lined squirrelfish ...... Sargocentron microstoma. pink squirrelfish ...... Sargocentron tiereoides. malau-tui, malau-talapu’u, malau- crown squirrelfish ...... Sargocentron diadema. tusitusi, malau-pauli. peppered squirrelfish ...... Sargocentron punctatissimum. blue-lined squirrelfish ...... Sargocentron tiere. tamalu, mu-malau, malau-toa ...... saber or long jaw squirrelfish ...... Sargocentron spiniferum. spotfin squirrelfish ...... Neoniphon spp. Kuhliidae (Flagtails) ...... Safole, inato ...... barred flag-tail ...... Kuhlia mugil. Kyphosidae (Rudderfish) ...... nanue, mata-mutu, mutumutu ...... rudderfish ...... Kyphosus cinerascens Kyphosus biggibus. Nanue ...... rudderfish ...... Kyphosus vaigienses. Labridae (Wrasses) ...... lalafi, tagafa malakea ...... napoleon wrasse ...... Cheilinus undulatus. Lalafi-matamumu ...... triple-tail wrasse ...... Cheilinus trilobatus. lalafi-matapua’a ...... floral wrasse ...... Cheilinus chlorourus. lalafi-pulepule ...... harlequin tuskfish ...... Cheilinus fasciatus. sugale ...... bandcheek wrasse ...... Oxycheilinus diagrammus. sugale ...... arenatus wrasse ...... Oxycheilinus arenatus. sugale-tatanu ...... whitepatch wrasse ...... Xyrichtys aneitensis. sugale-mo’o ...... cigar wrasse ...... Cheilio inermis. sugale-laugutu, sugale-uli, sugale- blackeye thicklip ...... Hemigymnus melapterus aloa, sugale-lupe. sugale-gutumafia ...... barred thicklip ...... Hemigymnus fasciatus. lape, sugale-pagota ...... three-spot wrasse ...... Halichoeres trimaculatus. sugale-a’au, sugale-pagota, ifigi ... checkerboard wrasse ...... Halichoeres hortulanus. sugale-uluvela ...... weedy surge wrasse ...... Halichoeres margaritaceus. uloulo-gatala, patagaloa ...... surge wrasse ...... Thalassoma purpureum. lape-moana ...... red ribbon wrasse ...... Thalassoma quinquevittatum. sugale-samasama ...... sunset wrasse ...... Thalassoma lutescens. sugale-la’o, sugale-taili, sugale- rockmover wrasse ...... Novaculichthys taeniourus. gasufi. Mullidae (Goatfishes) ...... i’asina, vete, afulu ...... yellow goatfish ...... Mulloidichthys spp. Vete ...... yellowfin goatfish ...... Mulloidichthys vanicolensis. afolu, afulu ...... yellowstripe goatfish ...... Mulloidichthys flavolineatus. afoul, afulu ...... banded goatfish ...... Parupeneus spp. tusia, tulausaena, ta’uleia ...... dash-dot goatfish ...... Parupeneus barberinus. matulau-moana ...... doublebar goatfish ...... Parupeneus bifasciatus. moana-ula ...... redspot goatfish ...... Parupeneus heptacanthus. i’asina, vete, afulu, moana ...... yellowsaddle goatfish ...... Parupeneus cyclostomas. matulau-ilamutu ...... side-spot goatfish ...... Parupeneus pleurostigma. i’asina, vete, afulu ...... multi-barred goatfish ...... Parupeneus multifaciatus. Mugilidae (Mullets) ...... anae, aua. fuafua ...... fringelip mullet ...... Crenimugil crenilabis. moi, poi ...... false mullet ...... Neomyxus leuciscus. Muraenidae (Moray eels) ...... Pusi ...... yellowmargin moray eel ...... Gymnothorax flavimarginatus. maoa’e ...... giant moray eel ...... Gymnothorax javanicus. pusi-pulepule ...... undulated moray eel ...... Gymnothorax undulatus. Octopodidae (Octopus) ...... fe’e fe’e ...... octopus octopus ...... Octopus cyanea, Octopus ornatus. Polynemidae ...... umiumia, i’ausi ...... threadfin ...... Polydactylus sexfilis. Pricanthidae (Bigeye) ...... matapula ...... glasseye ...... Heteropriacanthus cruentatus. matapula bigeye ...... Priacanthus hamrur. Scaridae (Parrotfishes) ...... Fuga ...... stareye parrotfish ...... Calotomus carolinus.

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Family name Samoan name English common name Scientific name

fuga, galo-uluto’i, fuga-valea, parrotfish ...... Scarus spp. laea-mamanu. ulapokea, laea-ulapokea ...... Pacific longnose parrotfish ...... Hipposcarus longiceps. Scombridae ...... Tagi ...... dogtooth tuna ...... Gymnosarda unicolor. Siganidae (Rabbitfish) ...... loloa, lo ...... forktail rabbitfish ...... Siganus aregenteus. Sphyraenidae (Barracuda) ...... Sapatu ...... heller’s barracuda ...... Sphyraena helleri. Saosao ...... great barracuda ...... Sphyraena barracuda. Turbinidae (turban shells, green Alili ...... green snails ...... Turbo spp. snails.

American Samoa Potentially Harvested Coral Reef Taxa:

Samoan name English common name Scientific name

sugale, sugale-vaolo, sugale-a’a, lalafi, lape- wrasses (Those species not listed as CHCRT) Labrida. a’au, la’ofia. malie, apoapo, moemoeao ...... sharks (Those species not listed as CHCRT) Carcharhinidae, Sphyrnidae. Fai ...... rays and skates ...... Dasyatididae, Myliobatidae. pe’ape’a ...... batfishes ...... Ephippidae. mutumutu, misimisi, ava’ava-moana ...... sweetlips ...... Haemulidae. talitaliuli ...... remoras ...... Echeneidae. mo’o, mo’otai ...... tilefishes ...... Malacanthidae. Tiva ...... dottybacks ...... Pseudochromidae. aneanea, tafuti ...... prettyfins ...... Plesiopidae. Tapua ...... coral crouchers ...... Caracanthidae. flashlightfishes ...... Anomalopidae. gatala, ataata, vaolo, gatala-uli, gatala-sega, groupers ...... Serrandiae. gatala-aleva, ateate, apoua, susami, gatala- (Those species not listed as CHCRT or sina, gatala-mumu. BMUS). lupo, lupota, mamalusi, ulua, sapoanae, jacks and scads (Those species not listed as Carangidae. taupapa, nato, filu, atuleau, malauli- CHCRT or BMUS). apamoana, malauli-sinasama, malauli- matalapo’a, lai. Malau ...... soldierfishes and squirrelfishes (Those spe- Holocentridae. cies not listed as CHCRT). i’asina, vete, afulu, afoul, ulula’oa...... goatfishes (Those species not listed as Mullidae. CHCRT). pone, palagi ...... surgeonfishes (Those species not listed as Acanthuridae. CHCRT). pelupelu, nefu ...... herrings ...... Clupeidae. nefu, file ...... anchovies ...... Engraulidae. mano’o, mano’o-popo, mano’o-fugafuga, gobies ...... Gobiidae. mano’o-apofusami, mano’o-a’au. mu, mu-taiva, tamala, malai, feloitega, mu- snappers (Those species not listed as Lutjanidae. mafalaugutu, savane-ulusama, matala’oa. CHCRT or BMUS). sumu, sumu-papa, sumu-taulau...... trigger fishes (Those species not listed as Balistidae. CHCRT). Lo ...... rabbitfishes (Those species not listed as Siganidae. CHCRT). nanue, matamutu, mutumutu ...... rudderfishes (Those species not listed as Kyphosidae. CHCRT). ulisega, atule-toto ...... fusiliers ...... Caesionidae. filoa, mata’ele’ele, ulamalosi...... emperors (Those species not listed as Lethrinidae. CHCRT or BMUS). pusi, maoa’e, atapanoa, u’aulu, apeape, fafa, eels (Those species not listed as CHCRT) ..... Muraenidae, Chlopsidae, Congridae, gatamea, pusi-solasulu. Moringuidae, Ophichthidae. fo, fo-tusiloloa, fo-si’umu, fo-loloa, fo-tala, fo- cardinalfishes ...... Apogonidae. manifi, fo-aialo, fo-tuauli. pe’ape’a, laulaufau ...... moorish idols ...... Zanclidae. tifitifi, si’u, i’usamasama, tifitifi-segaula, laulafau- butterfly fishes ...... Chaetodontidae. laumea, alosina. tu’u’u, tu’u’u-sama, tu’u’u-lega, tu’u’u-ulavapua, angelfishes ...... Pomacanthidae. tu’u’u-matamalu, tu’u’u-alomu, tu’u’u-uluvela, tu’u’u-atugauli, tu’u’u-tusiuli, tu’u’u-manini. tu’u’u, mutu, mamo, tu’u’u-lumane ...... damselfishes ...... Pomacentridae. i’atala, la’otele, nofu ...... scorpionfishes ...... Scorpaenidae. mano’o, mano’o-mo’o, mano’o-palea, mano’o- blennies ...... Blenniidae. la’o. sapatu ...... barracudas (Those species not listed as Sphyraenidae. CHCRT).

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Samoan name English common name Scientific name

la’o, ulutu’i, lausiva...... hawkfishes (Those species not listed as Cirrhitidae. CHCRT). la’otale, nofu ...... frogfishes ...... Antennariidae. pipefishes and seahorses ...... Syngnathidae. ta’oto ...... sandperches ...... Pinguipedidae. tagi ...... dog tooth tuna ...... Gymnosarda unicolor. taoto-ena, taoto-sama, ‘au’aulauti, taotito ...... trumpetfish ...... Aulostomus chinensis. taotao, taoto-ama ...... cornetfish ...... Fistularia commersoni. sue, sue-vaolo, sue-va’a, sue-lega, sue-mu, puffer fishes and porcupine fishes ...... Tetradontidae. sue-uli, sue-lape, sue-afa, sue-sugale. ali ...... flounders and soles ...... Bothidae, Soleidae. moamoa ...... trunkfishes ...... Ostraciidae. fugafuga, tuitui, sava’e ...... sea cucumbers and sea urchins ...... Echinoderms. amu ...... blue corals ...... Heliopora. amu ...... organpipe corals ...... Tubipora. ahermatypic corals ...... Azooxanthellates. amu ...... mushroom corals ...... Fungiidae. amu ...... small and large coral polyps ...... amu ...... fire corals ...... Millepora. amu ...... soft corals and gorgonians. lumane, matalelei ...... anemones ...... Actinaria. soft zoanthid corals (Those species not listed Zoanthinaria. as CHCRT). Mollusca. sisi-sami ...... sea snails ...... Gastropoda. aliao, alili ...... Trochus spp. sea ...... sea slugs ...... Opistobranches. black lipped pearl oyster ...... Pinctada margaritifera. faisua ...... giant clam ...... Tridacnidae. pipi, asi, fatuaua, tio, pae, fole ...... other clams ...... Other Bivalves. ula, pa’a, kuku, papata ...... lobsters, shrimps, mantis shrimps, true crabs Crustaceans. and hermit crabs (Those species not listed as Crustacean MUS). sea squirts ...... Tunicates. sponges ...... Porifera. amu ...... lace corals ...... Stylasteridae. amu ...... hydroid corals ...... Solanderidae. segmented worms (Those species not listed Annelids. as CHCRT). limu ...... seaweed ...... Algae. Live rock.

All other American Samoa coral reef ecosystem MUS that are marine plants, invertebrates, and fishes that are not listed in the American Samoa CHCRT table or are not American Samoa bottomfish, crustacean, precious coral, or western Pacific pelagic MUS.

§ 665.122 [Reserved] permit if they, or a vessel which they (i) Any person issued a permit to fish operate, is used to fish for any: under any FEP who incidentally catches § 665.123 Relation to other laws. (i) American Samoa coral reef American Samoa coral reef ecosystem To ensure consistency between the MUS while fishing for bottomfish MUS, management regimes of different ecosystem MUS in low-use MPAs as defined in § 665.99; crustacean MUS, western Pacific pelagic Federal agencies with shared MUS, precious coral, or seamount (ii) American Samoa Potentially management responsibilities of fishery groundfish. resources within the American Samoa Harvested Coral Reef Taxa in the coral reef ecosystem management area; or (ii) Any person fishing for American fishery management area, fishing for Samoa CHCRT outside of an MPA, who American Samoa coral reef ecosystem (iii) American Samoa coral reef does not retain any incidentally caught MUS is not allowed within the ecosystem MUS in the coral reef American Samoa PHCRT; and boundary of a National Wildlife Refuge ecosystem management area with any (iii) Any person collecting marine unless specifically authorized by the gear not specifically allowed in this organisms for scientific research as USFWS, regardless of whether that subpart. described in § 665.17, or § 600.745 of refuge was established by action of the (2) Transshipment permit. A receiving this chapter. President or the Secretary of the vessel must be registered for use with a Interior. (b) Validity. Each permit will be valid transshipment permit if that vessel is for fishing only in the fishery § 665.124 Permits and fees. used in the American Samoa coral reef management area specified on the (a) Applicability. Unless otherwise ecosystem management area to land or permit. specified in this subpart, § 665.13 transship PHCRT, or any American (c) General requirements. General applies to coral reef ecosystem permits. Samoa coral reef ecosystem MUS requirements governing application (1) Special permit. Any person of the harvested within low-use MPAs. information, issuance, fees, expiration, United States fishing for, taking or (3) Exceptions. The following persons replacement, transfer, alteration, retaining American Samoa coral reef are not required to have a permit under display, sanctions, and appeals for ecosystem MUS must have a special this section: permits are contained in § 665.13.

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(d) Special permit. The Regional (E) Other biological and ecological (F) The activity proposed under the Administrator shall issue a special information relevant to the proposal. special permit would create a significant permit in accordance with the criteria The applicant will be provided with an enforcement problem. and procedures specified in this section. opportunity to appear in support of the (vi) The Regional Administrator may (1) Application. An applicant for a application. attach conditions to the special permit, special or transshipment permit issued (iii) Following a review of the if it is granted, consistent with the under this section must complete and Council’s recommendation and management objectives of the FEP, submit to the Regional Administrator, a supporting rationale, the Regional including, but not limited to: (A) The Special Coral Reef Ecosystem Fishing Administrator may: maximum amount of each resource that Permit Application Form issued by (A) Concur with the Council’s can be harvested and landed during the NMFS. Information in the application recommendation and, after finding that term of the special permit, including form must include, but is not limited to, it is consistent with the goals and trip limits, where appropriate. a statement describing the objectives of objectives of the FEP, the national (B) The times and places where the fishing activity for which a special standards, the Endangered Species Act, fishing may be conducted. permit is needed, including a general and other applicable laws, approve or (C) The type, size, and amount of gear description of the expected disposition deny a special permit; or which may be used by each vessel of the resources harvested under the (B) Reject the Council’s operated under the special permit. permit (i.e., stored live, fresh, frozen, recommendation, in which case, written (D) Data reporting requirements. preserved; sold for food, ornamental, reasons will be provided by the (E) Such other conditions as may be research, or other use; and a description Regional Administrator to the Council necessary to ensure compliance with the of the planned fishing operation, for the rejection. purposes of the special permit including location of fishing and gear (iv) If the Regional Administrator does consistent with the objectives of the operation, amount and species (directed not receive a recommendation from the FEP. and incidental) expected to be harvested Council within 60 days of Council (4) Appeals of permit actions. (i) and estimated habitat and protected receipt of the permit application, the Except as provided in subpart D of 15 species impacts). Regional Administrator can make a CFR part 904, any applicant for a permit (2) Incomplete applications. The determination of approval or denial or a permit holder may appeal the Regional Administrator may request independently. granting, denial, conditioning, or from an applicant additional (v) Within 30 working days after the suspension of their permit or a permit information necessary to make the consultation in paragraph (d)(3)(ii) of affecting their interests to the Regional determinations required under this this section, or as soon as practicable Administrator. In order to be considered section. An applicant will be notified of thereafter, NMFS will notify the by the Regional Administrator, such an incomplete application within 10 applicant in writing of the decision to appeal must be in writing, must state working days of receipt of the grant or deny the special permit and, if the action(s) appealed, and the reasons application. An incomplete application denied, the reasons for the denial. therefore, and must be submitted within will not be considered until corrected Grounds for denial of a special permit 30 days of the original action(s) by the and completed in writing. include the following: Regional Administrator. The appellant (3) Issuance. (i) If an application (A) The applicant has failed to may request an informal hearing on the contains all of the required information, disclose material information required, appeal. the Regional Administrator will forward or has made false statements as to any (ii) Upon receipt of an appeal copies of the application within 30 days material fact, in connection with his or authorized by this section, the Regional to the Council, the USCG, the fishery her application. Administrator will notify the permit management agency of the affected (B) According to the best scientific applicant, or permit holder, as state, and other interested parties who information available, the directed or appropriate, and will request such have identified themselves to the incidental catch in the season or additional information and in such form Council, and the USFWS. location specified under the permit as will allow action upon the appeal. (ii) Within 60 days following receipt would detrimentally affect any coral Upon receipt of sufficient information, of a complete application, the Regional reef resource or coral reef ecosystem in the Regional Administrator will rule on Administrator will consult with the a significant way, including, but not the appeal in accordance with the Council through its Executive Director, limited to issues related to, spawning permit eligibility criteria set forth in this USFWS, and the Director of the affected grounds or seasons, protected species section and the FEP, as appropriate, state fishery management agency interactions, EFH, and habitat areas of based upon information relative to the concerning the permit application and particular concern (HAPC). application on file at NMFS and the will receive their recommendations for (C) Issuance of the special permit Council and any additional information, approval or disapproval of the would inequitably allocate fishing the summary record kept of any hearing application based on: privileges among domestic fishermen or and the hearing officer’s recommended (A) Information provided by the would have economic allocation as its decision, if any, and such other applicant; sole purpose. considerations as deemed appropriate. (B) The current domestic annual (D) The method or amount of harvest The Regional Administrator will notify harvesting and processing capacity of in the season and/or location stated on all interested persons of the decision, the directed and incidental species for the permit is considered inappropriate and the reasons therefore, in writing, which a special permit is being based on previous human or natural normally within 30 days of the receipt requested; impacts in the given area. of sufficient information, unless (C) The current status of resources to (E) NMFS has determined that the additional time is needed for a hearing. be harvested in relation to the maximum number of permits for a given (iii) If a hearing is requested, or if the overfishing definition in the FEP; area in a given season has been reached Regional Administrator determines that (D) Estimated ecosystem, habitat, and and allocating additional permits in the one is appropriate, the Regional protected species impacts of the same area would be detrimental to the Administrator may grant an informal proposed activity; and resource. hearing before a hearing officer

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designated for that purpose after first vessel originated outside the means of poisons, explosives, or giving notice of the time, place, and management area and this can be intoxicating substances. Possession or subject matter of the hearing in the demonstrated through receipts of use of these materials by any permit Federal Register. Such a hearing shall purchase, invoices, fishing logbooks or holder under this subpart who is normally be held no later than 30 days other documentation. established to be fishing for coral reef following publication of the notice in (b) Fish for, take, or retain any ecosystem MUS in the management area the Federal Register, unless the hearing American Samoa coral reef ecosystem is prohibited. officer extends the time for reasons MUS species: (c) Existing FEP fisheries shall follow deemed equitable. The appellant, the (1) That is determined overfished the allowable gear and methods applicant (if different), and, at the with subsequent rulemaking by the outlined in their respective plans. discretion of the hearing officer, other Regional Administrator; (d) Any person who intends to fish interested parties, may appear (2) By means of gear or methods with new gear not included in this personally and/or be represented by prohibited under § 665.127; section must describe the new gear and counsel at the hearing and may submit (3) In a low-use MPA without a valid its method of deployment in the special information and present arguments as special permit; or permit application. A decision on the determined appropriate by the hearing (4) In violation of any permit issued permissibility of this gear type will be officer. Within 30 days of the last day under §§ 665.13, 665.123, or 665.124. made by the Regional Administrator of the hearing, the hearing officer shall (c) Fish for, take, or retain any wild recommend in writing a decision to the live rock or live hard coral except under after consultation with the Council and Regional Administrator. a valid special permit for scientific the director of the affected state fishery (iv) The Regional Administrator may research, aquaculture seed stock management agency. adopt the hearing officer’s collection or traditional and ceremonial § 665.128 Gear identification. recommended decision, in whole or in purposes by indigenous people. part, or may reject or modify it. In any (a) The vessel number must be affixed event, the Regional Administrator will § 665.126 Notifications. to all fish and crab traps on board the notify interested persons of the Any special permit holder subject to vessel or deployed in the water by any decision, and the reason(s) therefore, in the requirements of this subpart must vessel or person holding a permit under writing, within 30 days of receipt of the contact the appropriate NMFS §§ 665.13 or 665.124 or that is otherwise hearing officer’s recommended decision. enforcement agent in American Samoa, established to be fishing for American The Regional Administrator’s action Guam, or Hawaii at least 24 hours before Samoa coral reef ecosystem MUS in the constitutes final action for the agency landing any coral reef ecosystem MUS management area. for the purposes of the Administrative unit species harvested under a special (b) Enforcement action. (1) Traps not Procedure Act. permit, and report the port and the marked in compliance with paragraph (5) The Regional Administrator may, approximate date and time at which the (a) of this section and found deployed for good cause, extend any time limit catch will be landed. in the coral reef ecosystem management prescribed in this section for a period area will be considered unclaimed or not to exceed 30 days either upon his § 665.127 Allowable gear and gear abandoned property, and may be restrictions. or her own motion or upon written disposed of in any manner considered request from the Council, appellant or (a) American Samoa coral reef appropriate by NMFS or an authorized applicant stating the reason(s) therefore. ecosystem MUS may be taken only with officer. the following allowable gear and (2) Unattended surround nets or bait § 665.125 Prohibitions. methods: seine nets found deployed in the coral (1) Hand harvest; In addition to the general prohibitions reef ecosystem management area will be specified in § 600.725 of this chapter (2) Spear; (3) Slurp gun; considered unclaimed or abandoned and § 665.15 of this part, it is unlawful property, and may be disposed of in any for any person to do any of the (4) Hand net/dip net; (5) Hoop net for Kona crab; manner considered appropriate by following: NMFS or an authorized officer. (a) Fish for, take, retain, possess or (6) Throw net; land any American Samoa coral reef (7) Barrier net; §§ 665.129–665.139 [Reserved] ecosystem MUS in any low-use MPA as (8) Surround/purse net that is defined in § 665.99 unless: attended at all times; § 665.140 American Samoa Crustacean (1) A valid permit has been issued for (9) Hook-and-line (includes handline Fisheries [Reserved]. the hand harvester or the fishing vessel (powered or not), rod-and-reel, and § 665.141 Definitions. operator that specifies the applicable trolling); area of harvest; (10) Crab and fish traps with vessel ID As used in §§ 665.140 through (2) A permit is not required, as number affixed; and (11) Remote- 665.159: outlined in § 665.124; or operating vehicles/submersibles. American Samoa crustacean (3) The American Samoa coral reef (b) American Samoa coral reef management unit species means the ecosystem MUS possessed on board the ecosystem MUS may not be taken by following crustaceans:

Samoan name English common name Scientific name

Ula ...... spiny lobster ...... Panulirus marginatus, Panulirus penicillatus. Papata ...... slipper lobster ...... Scyllaridae. pa’a ...... Kona crab ...... Ranina ranina. deepwater shrimp ...... Heterocarpus spp.

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Crustacean Permit Area 3 (Permit obtained from PIRO and contain the offloading of spiny and slipper lobsters Area 3) includes the EEZ around names and mailing addresses of all will begin. American Samoa. partners or shareholders and their (b) The Regional Administrator will respective percentage of ownership in notify permit holders of any change in § 665.142 Permits. the partnership or corporation. the reporting method and schedule (a) Applicability. (1) The owner of any required in paragraphs (a)(1) and (a)(2) vessel used to fish for lobster in Permit § 665.143 Prohibitions. of this section at least 30 days prior to Area 3 must have a permit issued for In addition to the general prohibitions the opening of the fishing season. that vessel. specified in § 600.725 of this chapter § 665.145 At-sea observer coverage. (2) The owner of any vessel used to and § 665.15, in Crustacean Permit Area fish for deepwater shrimp in Crustacean 3, it is unlawful for any person to fish All fishing vessels subject to Permit Area 3 must have a permit issued for, take, or retain deepwater shrimp §§ 665.140 through 665.145 and subpart for that vessel. without a permit issued under A of this part must carry an observer (b) General requirements. General § 665.142. when requested to do so by the Regional requirements governing application Administrator. information, issuance, fees, expiration, § 665.144 Notifications. §§ 665.146–665.159 [Reserved] replacement, transfer, alteration, (a) The operator of any vessel fishing display, sanctions, and appeals for subject to the requirements of this § 665.160 American Samoa precious coral permits issued under this section, as subpart must: fisheries [Reserved]. applicable, are contained in § 665.13. (c) Application. An application for a (1) Report, not less than 24 hours, but § 665.161 Definitions. permit required under this section will not more than 36 hours, before landing, As used in §§ 665.160 through be submitted to PIRO as described in the port, the approximate date and the 665.169: § 665.13. If the application for a limited approximate time at which spiny and American Samoa precious coral access permit is submitted on behalf of slipper lobsters will be landed. management unit species (American a partnership or corporation, the (2) Report, not less than 6 hours and Samoa precious coral MUS) means any application must be accompanied by a not more than 12 hours before coral of the genus Corallium in addition supplementary information sheet offloading, the location and time that to the following species of corals:

Local name English common name Scientific name

Amu piniki-mumu ...... Pink coral (also known as red coral) ...... Corallium secundum, Corallium regale, Corallium laauense. Amu auro ...... Gold coral ...... Gerardia spp., Callogorgia gilberti, Narella spp., Calyptrophora spp. Amu ofe ...... Bamboo coral ...... Lepidisis olapa, Acanella spp. Amu ofe ...... Black coral ...... Antipathes dichotoma, Antipathes grandis, Antipathes ulex.

American Samoa precious coral (d) No more than one permit will be (b) Fish for, take, or retain any species permit area means the area valid for any one person at any one of American Samoa precious coral MUS encompassing the precious coral beds time. in any precious coral permit area: within the U.S. EEZ around American (e) The holder of a valid permit to fish (1) By means of gear or methods Samoa. Each bed is designated by a one permit area may obtain a permit to prohibited by § 665.164. permit area code and assigned to one of fish another permit area only upon (2) In refugia specified in § 665.161. the following four categories: surrendering to the Regional (1) Established beds. [Reserved] Administrator any current permit for the (3) In a bed for which the quota (2) Conditional beds. [Reserved] precious coral fishery issued under specified in § 665.167 has been attained. (3) Refugia. [Reserved] § 665.13. (4) In violation of any permit issued (4) Exploratory Area. Permit Area X– (f) General requirements governing under § 665.13 or § 665.17. P–AS includes all coral beds, other than application information, issuance, fees, established beds, conditional beds, or (5) In a bed that has been closed expiration, replacement, transfer, pursuant to §§ 665.166 or 665.169. refugia, in the EEZ seaward of American alteration, display, sanctions, and (c) Take and retain, possess, or land Samoa. appeals for permits for the precious any live pink coral or live black coral coral fishery are contained in § 665.13. § 665.162 Permits. from any precious coral permit area that (a) Any vessel of the United States § 665.163 Prohibitions. is less than the minimum height fishing for, taking, or retaining specified in § 665.165 unless: American Samoa precious coral MUS in In addition to the general prohibitions any American Samoa precious coral specified in § 600.725 of this chapter (1) A valid EFP was issued under permit area must have a permit issued and in § 665.15, it is unlawful for any § 665.17 for the vessel and the vessel under § 665.13. person to: was operating under the terms of the (b) Each permit will be valid for (a) Use any vessel to fish for, take, permit; or fishing only in the permit area specified retain, possess or land precious coral in (2) The coral originated outside coral on the permit. Precious Coral Permit any precious coral permit area, unless a beds listed in this paragraph, and this Areas are defined in § 665.161. permit has been issued for that vessel can be demonstrated through receipts of (c) No more than one permit will be and area as specified in § 665.13 and purchase, invoices, or other valid for any one vessel at any one time. that permit is on board the vessel. documentation.

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§ 665.164 Gear restrictions. § 665.167 Quotas. (d) The American Samoa exploratory Only selective gear may be used to (a) General. The quotas limiting the permit area X–P–AS has an annual harvest coral from any precious coral amount of precious coral that may be quota of 1,000 kg for all American Samoa precious coral MUS combined permit area. taken in any precious coral permit area during the fishing year are listed in with the exception of black corals. § 665.165 Size restrictions. § 665.167(d). Only live coral is counted § 665.168 Seasons. toward the quota. The accounting The height of a live coral specimen period for all quotas begins July 1, 1983. The fishing year for precious coral shall be determined by a straight line (b) Conditional bed closure. A begins on July 1 and ends on June 30 the measurement taken from its base to its conditional bed will be closed to all following year. most distal extremity. The stem nonselective coral harvesting after the § 665.169 Gold coral harvest moratorium. diameter of a living coral specimen shall quota for one species of coral has been Fishing for, taking, or retaining any be determined by measuring the greatest taken. gold coral in any precious coral permit diameter of the stem at a point no less (c) Reserves and reserve release. The area is prohibited through June 30, than 1 inch (2.54 cm) from the top quotas for exploratory area X–P–AS will 2013. surface of the living holdfast. be held in reserve for harvest by vessels (a) Live pink coral harvested from any of the United States in the following Subpart C—Hawaii Fisheries precious coral permit area must have manner: attained a minimum height of 10 inches (1) At the start of the fishing year, the § 665.198 Management area. (25.4 cm). reserve for the American Samoa The Hawaii fishery management area (b) Black coral. Live black coral exploratory area will equal the quota is the EEZ seaward of the State of harvested from any precious coral minus the estimated domestic annual Hawaii, including the Main Hawaiian permit area must have attained either a harvest for that year. Islands (MHI) and Northwestern minimum stem diameter of 1 inch (2.54 (2) As soon as practicable after Hawaiian Islands (NWHI), with the cm), or a minimum height of 48 inches December 31 each year, the Regional inner boundary a line coterminous with (122 cm). Administrator will determine the the seaward boundaries of the State of amount harvested by vessels of the Hawaii and the outer boundary a line § 665.166 Closures. United States between July 1 and drawn in such a manner that each point December 31 of the year that just ended on it is 200 nautical miles from the (a) If the Regional Administrator on December 31. baseline from which the territorial sea is determines that the harvest quota for (3) NMFS will release to TALFF an measured. any coral bed will be reached prior to amount of precious coral for each the end of the fishing year, NMFS shall exploratory area equal to the quota § 665.199 Area restrictions [Reserved]. publish a notice to that effect in the minus two times the amount harvested Federal Register and shall use other § 665.200 Hawaii bottomfish and seamount by vessels of the United States in that groundfish fisheries [Reserved]. means to notify permit holders. Any July 1–December 31 period. such notice must indicate the reason for (4) NMFS will publish in the Federal § 665.201 Definitions. the closure, the bed being closed, and Register a notification of the Regional As used in §§ 665.200 through the effective date of the closure. Administrator’s determination and a 665.219: (b) A closure is also effective for a summary of the information on which it Hawaii bottomfish management unit permit holder upon the permit holder’s is based as soon as practicable after the species (Hawaii bottomfish MUS) means actual harvest of the applicable quota. determination is made. the following species:

Local name English common name Scientific name

Lehi ...... silver jaw jobfish ...... Aphareus rutilans. Uku white papio, ulua au ...... gray jobfish ...... Aprion virescens. kea ...... giant trevally ...... Caranx ignobilis. ulua la‘uli ...... black jack ...... Caranx lugubris. ha¯pu‘upu‘u ...... sea bass ...... Epinephalus quernus. Ehuonaga, ‘ula‘ula ...... red snapper ...... Etelis carbunculus. koa‘e ...... longtail snapper ...... Etelis coruscans. ta‘ape ...... blue stripe snapper ...... Lutjanus kasmira. kalekale ...... yellowtail snapper ...... Pristipomoides auricilla. ‘o¯pakapaka ...... pink snapper ...... Pristipomoides filamentosus. kalekale ...... pink snapper ...... Pristipomoides seiboldii. gindai ...... snapper ...... Pristipomoides zonatus. pig ulua, butaguchi ...... thicklip trevally ...... Pseudocaranx dentex. kahala ...... amberjack ...... Seriola dumerili.

Hawaii restricted bottomfish species the permit required by § 665.203(a)(2) to Protected species study zone means fishing year means the year beginning at own or fish from a vessel that is used the waters within 50 nm, as designated 0001 HST on September 1 and ending in any non-commercial vessel-based by the Regional Administrator pursuant at 2400 HST on August 31 of the next fishing, landing, or transshipment of to § 665.208, around the following calendar year. any Hawaii bottomfish MUS in the MHI islands of the NWHI and as measured Main Hawaiian Islands non- Management Subarea. from the following coordinates: commercial bottomfish permit means

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Name N. lat. W. long.

Nihoa Island ...... 23°05′ 161°55′ Necker Island ...... 23°35′ 164°40′ French Frigate Shoals ...... 23°45′ 166°15′ Gardner Pinnacles ...... 25°00′ 168°00′ Maro Reef ...... 25°25′ 170°35′ Laysan Island ...... 25°45′ 171°45′ Lisianski Island ...... 26°00′ 173°55′ Pearl and Hermes Reef ...... 27°50′ 175°50′ Midway Island ...... 28°14′ 177°22′ Kure Island ...... 28°25′ 178°20′

Seamount Groundfish means the with a Ho’omalu Zone permit and a agency that this information is accurate, following species: Mau Zone permit at the same time. Mau to demonstrate participation in the Zone permits issued before June 14, NWHI bottomfish fishery; and Common Scientific name 1999, became invalid June 14, 1999, (iii) If the application is filed by a name except that a permit issued to a person partnership or corporation, the names of Armorhead ... Pseudopentaceros wheeleri. who submitted a timely application each of the individual partners or Alfonsin ...... Beryx splendens. under paragraph (b)(3) of this section is shareholders and their respective Raftfish ...... Hyperoglyphe japonica. valid until the permit holder either percentages of ownership of the receives a Mau Zone limited entry partnership or corporation. § 665.202 Management subareas. permit or until final agency action is (3) Mau Zone limited access permit. taken on the permit holder’s PIRO will not accept applications for a (a) The Hawaii fishery management application. The Ho’omalu Zone and the new Mau Zone permit after June 14, area is divided into subareas with the Mau Zone limited entry systems 1999. In addition to an application following designations and boundaries: described in this section are subject to under § 665.13(c), each applicant for a (1) Main Hawaiian Islands means the abolition, modification, or additional Mau Zone permit must also submit a U.S. EEZ around the Hawaiian effort limitation programs. supplementary information sheet Archipelago lying to the east of 161°20′ (2) MHI non-commercial. The owner provided by PIRO, which must be W. long. (2) Northwestern Hawaiian Islands of a vessel that is used for and any signed by the vessel owner or a designee means the EEZ around the Hawaiian person who participates in non- and include the following information: (i) The qualification criterion that the Archipelago lying to the west of 161°20′ commercial, vessel-based fishing, applicant believes he or she meets for W. long. For the purposes of regulations landing, or transshipment of Hawaii issuance of a limited access permit; issued under this subpart, Midway bottomfish MUS in the MHI (ii) Copy of State of Hawaii catch Island is treated as part of the NWHI management subarea is required to report(s) to demonstrate that the Subarea. obtain an MHI non-commercial (i) Ho’omalu Zone means that portion bottomfish permit or a State of Hawaii permitted vessel had made qualifying of the EEZ around the NWHI west of Commercial Marine License. If one or landings of bottomfish from the Mau 165° W. long. more persons on a vessel-based Zone; and (ii) Mau Zone means that portion of bottomfish fishing trip holds an MHI (iii) If the application is filed by a the EEZ around the NWHI between non-commercial permit, then the entire partnership or corporation, the names of 161°20′ W. long. and 165° W. long. trip is considered non-commercial, and each of the individual partners or (3) Hancock Seamount means that not commercial. However, if any shareholders and their respective portion of the EEZ in the Northwestern commercial fishing occurs during or as percentage of ownership of the Hawaiian Islands west of 180°00′ W. a result of a vessel-based fishing trip, partnership or corporation. long. and north of 28°00′ N. lat. then the fishing trip is considered (c) Sale or transfer of Ho’omalu (b) The inner boundary of each commercial, and not non-commercial. limited access permits to new vessel management subarea is a line Charter boat customers are not subject to owners. coterminous with the seaward the requirements of the section. (1) A Ho’omalu zone permit may not boundaries of the State of Hawaii. (b) Submission. (1) An application for be sold or otherwise transferred to a (c) The outer boundary of each a permit required under this section new owner. management subarea is a line drawn in must be submitted to PIRO as described (2) A Ho’omalu zone permit or such a manner that each point on it is in § 665.13. permits may be held by a partnership or 200 nautical miles from the baseline (2) Ho’omalu Zone limited access corporation. If 50 percent or more of the from which the territorial sea is permit. In addition to an application ownership of the vessel passes to measured. under § 665.13(c), each applicant for a persons other than those listed in the Ho’omalu Zone permit must also submit original application, the permit will § 665.203 Permits. a supplementary information sheet lapse and must be surrendered to the (a) Applicability—(1) Northwestern provided by PIRO, which must be Regional Administrator. Hawaiian Islands. The owner of any signed by the vessel owner or a designee (d) Transfer of Ho’omalu Zone limited vessel used to fish for, land, or transship and include the following information: access permits to replacement vessels. Hawaii bottomfish MUS shoreward of (i) The qualification criterion that the (1) Upon application by the owner of the outer boundary of the NWHI subarea applicant believes he or she meets for a permitted vessel, the Regional must have a permit issued under this issuance of a limited access permit; Administrator will transfer that owner’s section, and the permit must be (ii) A copy of landings receipts or permit to a replacement vessel owned registered for use with that vessel. PIRO other documentation, with a by that owner, provided that the will not register a single vessel for use certification from a state or Federal replacement vessel does not exceed 60

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ft (18.3 m) LOA. The replacement vessel Regional Administrator has determined bottomfish MUS on or before December must be put into service no later than 12 that new permits may be issued, they 17, 1991, shall be assigned 1.5 points. months after the owner applies for the shall be issued to applicants based upon (ii) An owner whose permitted vessel transfer, or the transfer shall be void. eligibility, determined as follows: made at least one qualifying landing of (2) An owner of a permitted vessel (1) Point system. (i) Two points will Hawaii bottomfish MUS during 1991 may apply to the Regional be assigned for each year in which the shall be assigned 0.5 point. Administrator for transfer of that applicant was owner or captain of a (iii) An owner whose permitted vessel owner’s permit to a replacement vessel vessel that made three or more of any made at least one qualifying landing of greater than 60 ft (18.3 m) LOA. The of the following types of landings in the Hawaii bottomfish MUS during 1992 Regional Administrator may transfer the NWHI: shall be assigned 1.0 point. permit upon determining, after (A) Any amount of Hawaii bottomfish (iv) An owner whose permitted vessel consultation with the Council and MUS, regardless of weight, if made on made at least one qualifying landing of considering the objectives of the limited or before August 7, 1985; Hawaii bottomfish MUS during 1993 access program, that the replacement (B) At least 2,500 lb (1,134 kg) of shall be assigned 1.5 points. vessel has catching power that is Hawaii bottomfish MUS, if made after (v) An owner whose permitted vessel comparable to the rest of the vessels August 7, 1985; or made at least one qualifying landing of holding permits for the fishery, or has (C) At least 2,500 lb (1,134 kg) of any Hawaii bottomfish MUS during 1994 catching power that does not exceed fish lawfully harvested from the NWHI, shall be assigned 2.0 points. (vi) An owner whose permitted vessel that of the original vessel, and that the of which at least 50 percent by weight made at least one qualifying landing of transfer is not inconsistent with the was bottomfish, if made after August 7, Hawaii bottomfish MUS during 1995 objectives of the program. The Regional 1985. Administrator shall consider vessel shall be assigned 2.5 points. (ii) One point will be assigned for (vii) An owner whose permitted length, range, hold capacity, gear each year in which the applicant was limitations, and other appropriate vessel made at least one qualifying owner or captain of a vessel that landed landing of Hawaii bottomfish MUS factors in making determinations of at least 6,000 lb (2,722 kg) of bottomfish catching power equivalency and during 1996 shall be assigned 3.0 from the MHI. points. comparability of the catching power of (iii) For any one year, points will be vessels in the fishery. (viii) Before PIRO issues a Mau Zone assigned under either paragraph (g)(1)(i) (e) Ho’omalu Zone limited access permit to fish for bottomfish under this or (g)(1)(ii) of this section, but not under permit renewal. section, the primary operator and relief (1) A qualifying landing for Ho’omalu both paragraphs. operator named on the application form Zone permit renewal is a landing of at (iv) Before the Regional Administrator must have completed a protected least 2,500 lb (1,134 kg) of Hawaii issues a Ho’omalu zone permit to fish species workshop conducted by NMFS. bottomfish MUS from the Ho’omalu for bottomfish under this section, the (2) For purposes of this paragraph (h), Zone or a landing of at least 2,500 lb primary operator and relief operator a ‘‘qualifying landing’’ means any (1,134 kg) of fish from the Ho’omalu named on the application form must amount of Hawaii bottomfish MUS Zone, of which at least 50 percent by have completed a protected species lawfully harvested from the Mau Zone weight was Hawaii bottomfish MUS. A workshop conducted by NMFS. and offloaded for sale. No points shall permit is eligible for renewal for the (2) Restrictions. An applicant must be assigned to an owner for any next calendar year if the vessel covered own at least a 25 percent share in the qualifying landings reported to the State by the permit made three or more vessel that the permit would cover, and of Hawaii more than 1 year after the qualifying landings during the current only one permit will be assigned to any landing. calendar year. vessel. (3) More than one Mau Zone permit (2) The owner of a permitted vessel (3) Order of issuance. New permits may be issued to an owner of two or that did not make three or more shall be awarded to applicants in more vessels, provided each of the qualifying landings of bottomfish in a descending order, starting with the owner’s vessels for which a permit will year may apply to the Regional applicant with the largest number of be registered for use has made the Administrator for a waiver of the points. If two or more persons have an required qualifying landings for the landing requirement. If the Regional equal number of points, and there are owner to be assigned at least three Administrator finds that failure to make insufficient new permits for all such eligibility points. three landings was due to circumstances applicants, the new permits shall be (4) A Mau Zone permit holder who beyond the owner’s control, the awarded by the Regional Administrator does not own a vessel at the time initial Regional Administrator may renew the through a lottery. permits are issued must register the permit. A waiver may not be granted if (4) Notification. The Regional permit for use with a vessel owned by the failure to make three landings was Administrator shall place a notice in the the permit holder within 12 months due to general economic conditions or Federal Register and shall use other from the date the permit was issued. In market conditions, such that the vessel means to notify prospective applicants the interim, the permit holder may operations would not be profitable. of the opportunity to file applications register the permit for use with a leased (f) Issuance of new Ho’omalu Zone for new permits under this program. or chartered vessel. If within 12 months limited access permits. The Regional (h) Eligibility for new Mau Zone of initial permit issuance, the permit Administrator may issue new Ho’omalu limited access permits. holder fails to apply to PIRO to register Zone limited access permits under (1) PIRO will issue an initial Mau the permit for use with a vessel owned § 665.13 if the Regional Administrator Zone permit to a vessel owner who by the permit holder, then the permit determines, in consultation with the qualifies for at least three points under shall expire. Council, that bottomfish stocks in the the following point system: (5) For each of paragraphs (h)(1)(i) Ho’omalu Zone are able to support (i) An owner who held a Mau Zone through (h)(1)(viii) of this section, PIRO additional fishing effort. permit on or before December 17, 1991, shall assign points based on the (g) Eligibility for new Ho’omalu Zone and whose permitted vessel made at landings of one permitted vessel to only limited access permits. When the least one qualifying landing of Hawaii one owner if the vessel did not have

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multiple owners during the time frame chartered vessel for a period not to applicant or permit holder may appear covered by the subordinate paragraphs. exceed 12 months from the date of personally and/or be represented by If a vessel had multiple owners during registration of the leased or chartered counsel at the hearing and submit a time frame covered by any of vessel. If by the end of that 12-month information and present arguments as paragraphs (h)(1)(i) through (h)(1)(viii) period the permit holder fails to apply determined appropriate by the hearing of this section (including joint owners, to PIRO to register the permit for use officer. Within 30 days of the last day partners, or shareholders of a corporate with a vessel owned by the permit of the hearing, the hearing officer shall owner), PIRO will assign the points for holder, then the permit expires. recommend in writing a decision to the that subordinate paragraph to a single (j) Mau Zone limited access permit Regional Administrator. owner if only one owner submits an renewal. (5) The Regional Administrator may application with respect to the landings (1) A Mau Zone permit will be eligible adopt the hearing officer’s of that vessel during that time frame. If for renewal if the vessel for which the recommended decision, in whole or in multiple owners submit separate permit is registered for use made at least part, or may reject or modify it. The applications with respect to the same five separate fishing trips with landings Regional Administrator’s decision on landings of the same vessel during the of at least 500 lb (227 kg) of Hawaii the application is the final same time frame, then PIRO shall: bottomfish MUS per trip during the administrative decision of the (i) Adhere to any written agreement calendar year. Only one landing of Department of Commerce, and is between the applicants with respect to bottomfish MUS per fishing trip to the effective on the date the Administrator who among them shall be assigned the Mau Zone will be counted toward the signs the decision. aggregate point(s) generated by landings landing requirement. during such time frame(s), or (2) If the vessel for which the permit § 665.204 Prohibitions. (ii) If there is no agreement: is registered for use fails to meet the In addition to the general prohibitions (A) Shall issue the applicants a joint landing requirement of paragraph (j)(1) specified in § 600.725 of this chapter permit provided the vessel’s landings of this section, the owner may apply to and § 665.15, it is unlawful for any during such time frames generated at the Regional Administrator for a waiver person to do any of the following: least three points, or of the landing requirement. Grounds for (a) Fish for Hawaii bottomfish or (B) In the event the vessel’s landings a waiver are limited to captain seamount groundfish MUS using gear during such time frame(s) generated less incapacitation, vessel breakdowns, and prohibited under § 665.206. than three points, shall not assign any the loss of the vessel at sea if the event (b) Fish for, or retain on board a points generated by the vessel’s prevented the vessel from meeting the vessel, Hawaii bottomfish MUS in the landings during such time frame(s). landing requirement. Unprofitability is Ho’omalu Zone or the Mau Zone (i) Ownership requirements and not sufficient for waiver of the landing without the appropriate permit registration of Mau Zone limited access requirement. registered for use with that vessel issued permits for use with other vessels. (3) Failure of the permit holder to under § 665.13. (1) A Mau Zone permit may be held register a vessel for use under the permit (c) Serve as primary operator or relief by an individual, partnership, or does not exempt a permit holder from operator on a vessel with a Mau or corporation. No more than 49 percent of the requirements specified in this Ho’omalu Zone permit without the underlying ownership interest in a paragraph. completing a protected species Mau Zone permit may be sold, leased, (k) Appeals of permit actions. workshop conducted by NMFS, as chartered, or otherwise transferred to (1) Except as provided in subpart A of required by § 665.203. another person or entity. If more than 49 15 CFR part 904, any applicant for a (d) Fail to notify the USCG at least 24 percent of the underlying ownership of permit or a permit holder may appeal hours prior to making any landing of the permit passes to persons or entities the granting, denial, or revocation of his bottomfish taken in the Ho’omalu Zone, other than those listed in the original or her permit to the Regional as required by § 665.205. permit application supplemental Administrator. (e) Fish within any protected species information sheet, then the permit (2) In order to be considered by the study zone in the NWHI without expires and must be surrendered to Regional Administrator, such appeal notifying the Regional Administrator of PIRO. must be in writing, must state the action the intent to fish in these zones, as (2) A Mau Zone permit holder may appealed, and the reasons therefore, and required under § 664.205. apply under § 665.13 to PIRO to register must be submitted within 30 days of the (f) Falsify or fail to make or file the permit for use with another vessel appealed action. The appellant may reports of all fishing activities if that vessel is owned by the permit request an informal hearing on the shoreward of the outer boundary of the holder, and is no longer than 60 ft (18.3 appeal. MHI management subarea, in violation m) LOA. (3) The Regional Administrator, in of § 665.14(a) or (b). (3) If a Mau Zone permit holder sells consultation with the Council, will (g) Own a vessel or fish from a vessel the vessel for which the permit is decide the appeal in accordance with that is used to fish non-commercially for registered for use, the permit holder the FEP and implementing regulations any Hawaii bottomfish MUS in the MHI must, within 12 months of the date of and based upon information relative to management subarea without either a sale, apply to PIRO to register the permit the application on file at NMFS and the MHI non-commercial bottomfish permit for use with a vessel owned by the Council, the summary record kept of or a State of Hawaii Commercial Marine permit holder. If the permit holder has any hearing, the hearing officer’s License, in violation of §§ 665.2 or not applied to register a replacement recommended decision, if any, and any 665.203(a)(2). vessel within 12 months, then the other relevant information. (h) Fish for or possess any Hawaii permit expires. (4) If a hearing is requested, or if the Restricted Bottomfish Species as (4) If a permitted vessel owned by the Regional Administrator determines that specified in § 665.210, in the MHI permit holder is sold or becomes one is appropriate, the Regional management subarea after a closure of unseaworthy, the Mau Zone permit with Administrator may grant an informal the fishery, in violation of § 665.211. which the vessel was registered may be hearing before a hearing officer (i) Sell or offer for sale any Hawaii registered for use with a leased or designated for that purpose. The Restricted Bottomfish Species, as

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specified in § 665.210, after a closure of bottom trawls and bottom set gillnets is ensured by installing a curtain or other the fishery, in violation of § 665.211. prohibited. temporary divider, in a two-person (j) Harvest, possess, or land more than (b) Possession of gear. Possession of a cabin shared with a licensed officer of a total of five fish (all species combined) bottom trawl and bottom set gillnet by the vessel. If the cabin assigned to a identified as Hawaii Restricted any vessel having a permit under female observer does not have its own Bottomfish Species in § 665.210 from a § 665.203 or otherwise established to be toilet and shower facilities that can be vessel in the MHI management subarea, fishing for Hawaii bottomfish or provided for the exclusive use of the while holding a MHI non-commercial seamount groundfish MUS in the observer, then a schedule for time- bottomfish permit, or while management subareas is prohibited. sharing of common facilities must be participating as a charter boat customer, (c) Poisons and explosives. The established and approved by the in violation of § 665.212. possession or use of any poisons, Regional Administrator prior to the explosives, or intoxicating substances vessel’s departure from port. § 665.205 Notification. for the purpose of harvesting Hawaii (a) The owner or operator of a fishing bottomfish and seamount groundfish § 665.208 Protected species conservation. vessel subject to § 665.203(a)(1) must MUS is prohibited. The Regional Administrator may inform PIRO at least 72 hours (not § 665.207 At-sea observer coverage. change the size of the protected species study zones defined in § 665.201 of this including weekends and holidays) (a) All fishing vessels subject to subpart: before leaving port, of his or her intent §§ 665.200 though 665.212 must carry to fish within the protected species an observer when directed to do so by (a) If the Regional Administrator study zones defined in § 665.201. The the Regional Administrator. determines that a change in the size of notice must include the name of the (b) PIRO will advise the vessel owner the study zones would not result in vessel, name of the operator, intended or operator of any observer requirement fishing for bottomfish in the NWHI that departure and return date, and a within 72 hours (not including would adversely affect any species telephone number at which the owner weekends or holidays) of receipt of the listed as threatened or endangered or operator may be contacted during the notice provided pursuant to under the ESA. business day (8 a.m. to 5 p.m.) to § 665.205(a). If an observer is required, (b) After consulting with the Council. indicate whether an observer will be the owner or operator will be informed (c) Through notification in the required on the subject fishing trip. of the terms and conditions of observer Federal Register published at least 30 (b) The operator of a fishing vessel coverage, and the time and place of days prior to the effective date or that has taken Hawaii bottomfish MUS embarkation of the observer. through actual notice to the permit in the Ho’omalu Zone must contact the (c) All observers must be provided holders. USCG, by radio or otherwise, at the 14th with sleeping, toilet, and eating District, Honolulu, HI; Pacific Area, San accommodations at least equal to that § 665.209 Fishing moratorium on Hancock Francisco, CA; or 17th District, Juneau, provided to a full crew member. A Seamount. AK, at least 24 hours before landing, mattress or futon on the floor, or a cot, Fishing for Hawaii bottomfish and and report the port and the approximate is not acceptable in place of a regular seamount groundfish MUS on the date and time at which the bottomfish bunk. Meal and other galley privileges Hancock Seamount is prohibited will be landed. must be the same for the observer as for through August 31, 2010. other crew members. § 665.206 Gear restrictions. (d) Female observers on a vessel with § 665.210 Hawaii restricted bottomfish (a) Bottom trawls and bottom set an all-male crew must be species. gillnets. Fishing for Hawaii bottomfish accommodated either in a single-person Hawaii restricted bottomfish species and seamount groundfish MUS with cabin or, if reasonable privacy can be means the following species:

Local name English common name Scientific name

lehi ...... silver jaw jobfish ...... Aphareus rutilans. ehu ...... squirrelfish snapper ...... Etelis carbunculus. onaga ...... longtail snapper ...... Etelis coruscans. opakapaka ...... Pink snapper ...... Pristipomoides filamentosus. kalekale ...... snapper ...... Pristipomoides sieboldii. gindai ...... snapper ...... Pristipomoides zonatus. hapu‘upu‘u ...... sea bass ...... Epinephelus quernus.

§ 665.211 Total Allowable Catch (TAC) other means to notify permit holders of the Office of the Federal Register, until limit. the TAC limit for the year. the end of the fishing year in which the (a) TAC limits will be set annually for (c) When the TAC limit specified in TAC is reached. this section is projected to be reached the fishing year by NMFS, as (d) On and after the date specified in based on analyses of available recommended by the Council, based on § 665.211(c), no person may fish for or information, the Regional Administrator the best available scientific, commercial, shall publish a notice to that effect in possess any Hawaii Restricted and other information, and taking into the Federal Register and shall use other Bottomfish Species as specified in account the associated risk of means to notify permit holders. The § 665.210 in the MHI management overfishing. notice will include an advisement that subarea, except as otherwise allowed in (b) The Regional Administrator shall the fishery will be closed beginning at this section. publish a notice indicating the annual a specified date, which is not earlier (e) On and after the date specified in TAC limit in the Federal Register by than 14 days after the date of filing the § 665.211(c), no person may sell or offer August 31 of each year, and shall use closure notice for public inspection at for sale Hawaii Restricted Bottomfish

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Species as specified in § 665.210, except specified in § 665.210, may be Hawaii coral reef ecosystem as otherwise authorized by law. harvested, possessed, or landed by any management unit species (Hawaii coral (f) Fishing for, and the resultant individual participating in a non- reef ecosystem MUS) means all of the possession or sale of, Hawaii Restricted commercial vessel-based fishing trip in Currently Harvested Coral Reef Taxa Bottomfish Species by vessels legally the MHI management subarea. Charter and Potentially Harvested Coral Reef registered to Mau Zone, Ho‘omalu Zone, boat customers are also subject to the Taxa listed in this section and which or PRIA bottomfish fishing permits and bag limit. spend the majority of their non-pelagic conducted in compliance with all other §§ 665.213–665.219 [Reserved] (post-settlement) life stages within laws and regulations, is exempted from waters less than or equal to 50 fathoms this section. § 665.220 Hawaii coral reef ecosystem in total depth. fisheries [Reserved]. § 665.212 Non-commercial bag limits. Hawaii Currently Harvested Coral No more than a total of five fish (all § 665.221 Definitions. Reef Taxa: species combined) identified as Hawaii As used in §§ 665.220 through Restricted Bottomfish Species as 665.239:

Family name Local name English common name Scientific name

Acanthuridae (Surgeonfishes) ...... na‘ena‘e ...... orange-spot surgeonfish ...... Acanthurus olivaceus. Pualu ...... yellowfin surgeonfish ...... Acanthurus xanthopterus. Manini ...... convict tang ...... Acanthurus triostegus. Palani ...... eye-striped surgeonfish ...... Acanthurus dussumieri. Maiko ...... blue-lined surgeon ...... Acanthurus nigroris. maiko, maikoiko ...... whitebar surgeonfish ...... Acanthurus leucopareius. whitecheek surgeonfish ...... Acanthurus nigricans. ‘api ...... white-spotted surgeonfish ...... Acanthurus guttatus. Pualu ...... ringtail surgeonfish ...... Acanthurus blochii. mai‘i‘i ...... brown surgeonfish ...... Acanthurus nigrofuscus. Kole ...... yellow-eyed surgeonfish ...... Ctenochaetus strigosus. NA ...... striped bristletooth ...... Ctenochaetus striatus. Kala ...... bluespine unicornfish ...... Naso unicornus. kalalei, umaumalei ...... orangespine unicornfish ...... Naso lituratus. Acanthuridae (Surgeonfishes) ...... kala holo ...... black tongue unicornfish ...... Naso hexacanthus. Kala ...... whitemargin unicornfish ...... Naso annulatus. kala lolo ...... spotted unicornfish ...... Naso brevirostris. gray unicornfish ...... Naso caesius. lau‘ipala ...... yellow tang ...... Zebrasoma flavescens. Balistidae (Triggerfish) ...... humuhumu hi‘ukole ...... pinktail triggerfish ...... Melichthys vidua. humuhumu ‘ele‘ele ...... black triggerfish ...... Melichthys niger. humuhumu nukunuku apua‘a ...... picassofish ...... Rhinecanthus aculeatus. bridled triggerfish ...... Sufflamen fraenatum. Carangidae (Jacks) akule, hahalu ...... bigeye scad ...... Selar crumenophthalmus. ‘opelu, ‘opelu mama ...... mackerel scad ...... Decapterus macarellus. Carcharhinidae (Sharks) ...... Mano¯ ...... grey reef shark ...... Carcharhinus amblyrhynchos. Mano¯ ...... galapagos shark ...... Carcharhinus galapagensis. Mano¯ ...... blacktip reef shark ...... Carcharhinus melanopterus. mano¯ lalakea ...... whitetip reef shark ...... Triaenodon obesus. Holocentridae (Soldierfish/Squirrel- menpachi, ‘u‘u ...... bigscale soldierfish ...... Myripristis berndti. fish). menpachi, ‘u‘u ...... brick soldierfish ...... Myripristis amaena. menpachi, ‘u‘u ...... yellowfin soldierfish ...... Myripristis chryseres. menpachi, ‘u‘u ...... pearly soldierfish ...... Myripristis kuntee. ‘ala‘ihi ...... file-lined squirrelfish ...... Sargocentron microstoma. ‘ala‘ihi ...... crown squirrelfish ...... Sargocentron diadema. ‘ala‘ihi ...... peppered squirrelfish ...... Sargocentron punctatissimum. ‘ala‘ihi ...... blue-lined squirrelfish ...... Sargocentron tiere. ‘ala‘ihi ...... Hawaiian squirrelfish ...... Sargocentron xantherythrum. ‘ala‘ihi ...... saber or long jaw squirrelfish ...... Sargocentron spiniferum. ‘ala‘ihi ...... spotfin squirrelfish ...... Neoniphon spp. Kuhliidae (Flagtails) ...... ‘aholehole ...... Hawaiian flag-tail ...... Kuhlia sandvicensis. Kyphosidae (Rudderfish) ...... Nenue ...... rudderfish ...... Kyphosus biggibus. Nenue ...... rudderfish ...... Kyphosus cinerascens. Nenue ...... rudderfish ...... Kyphosus vaigiensis. Labridae (Wrasses) ...... ‘a‘awa ...... saddleback hogfish ...... Bodianus bilunulatus. po‘ou ...... ring-tailed wrasse ...... Oxycheilinus unifasciatus. laenihi, nabeta ...... razor wrasse ...... Xyrichtys pavo. kupoupou ho‘u ...... cigar wrasse ...... Cheilio inermis. surge wrasse ...... Thalassoma purpureum. red ribbon wrasse ...... Thalassoma quinquevittatum. sunset wrasse ...... Thalassoma lutescens. rockmover wrasse ...... Novaculichthys taeniourus. Mullidae (Goatfishes) ...... Weke ...... yellow goatfish ...... Mulloidichthys spp. weke nono ...... orange goatfish ...... Mulloidichthys pfleugeri. weke‘ula ...... yellowfin goatfish ...... Mulloidichthys vanicolensis. weke‘a or weke a‘a ...... yellowstripe goatfish ...... Mulloidichthys flavolineatus. kumu, moano ...... banded goatfish ...... Parupeneus spp.

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Family name Local name English common name Scientific name

Munu ...... doublebar goatfish ...... Parupeneus bifasciatus. moano kea, moano kale ...... yellowsaddle goatfish ...... Parupeneus cyclostomas. Malu ...... side-spot goatfish ...... Parupeneus pleurostigma. Moano ...... multi-barred goatfish ...... Parupeneus multifaciatus. weke pueo ...... bandtail goatfish ...... Upeneus arge. Mugilidae (Mullets) ...... ‘ama‘ama ...... stripped mullet ...... Mugil cephalus. Uouoa ...... false mullet ...... Neomyxus leuciscus. Muraenidae (Moray eels) ...... puhi paka ...... yellowmargin moray eel ...... Gymnothorax flavimarginatus. Puhi ...... giant moray eel ...... Gymnothorax javanicus. puhi laumilo ...... undulated moray eel ...... Gymnothorax undulatus. Puhi ...... dragon eel ...... Enchelycore pardalis. Octopodidae (Octopus) ...... he‘e mauli, tako ...... octopus ...... Octopus cyanea. he‘e, tako ...... octopus ...... Octopus ornatus. Polynemidae ...... Moi ...... threadfin ...... Polydactylus sexfilis. Priacanthidae (Big-eyes) ...... ‘aweoweo ...... glasseye ...... Heteropriacanthus cruentatus. ‘aweoweo ...... bigeye ...... Priacanthus hamrur. Scaridae (Parrotfish) ...... uhu, palukaluka ...... parrotfish ...... Scarus spp. panuhunuhu ...... stareye parrotfish ...... Calotomus carolinus. Sphyraenidae (Barracuda) ...... kawele‘a, kaku ...... Heller’s barracuda ...... Sphyraena helleri. Kaku ...... great barracuda ...... Sphyraena barracuda. Turbinidae ...... green snails turban shells ...... Turbo spp. Zanclidae ...... kihikihi ...... moorish idol ...... Zanclus cornutus. Chaetodontidae ...... kikakapu ...... butterflyfish ...... Chaetodon auriga. kikakapu ...... raccoon butterflyfish ...... Chaetodon lunula. kikakapu ...... saddleback butterflyfish ...... Chaetodon ephippium. Sabellidae ...... featherduster worm.

Hawaii Potentially Harvested Coral Reef Taxa:

Local name English common name Scientific name

Hinalea ...... wrasses (Those species not listed as CHCRT) Labridae. Mano¯ ...... sharks (Those species not listed as CHCRT) Carcharhinidae, Sphyrnidae. Hihimanu ...... rays and skates ...... Dasyatididae, Myliobatidae. roi, hapu‘upu ‘u ...... groupers, seabass (Those species not listed Serrandiae. as CHCRT or in BMUS). tilefishes ...... Malacanthidae. dobe, kagami, pa‘opa‘o, papa, omaka, ulua ...... jacks and scads (Those species not listed as Carangidae. CHCRT or in BMUS). ‘u‘u ...... solderfishes and squirrelfishes (Those species Holocentridae. not listed as CHCRT). weke, moano, kumu...... goatfishes (Those species not listed as Mullidae. CHCRT). na‘ena ‘e, maikoiko ...... surgeonfishes (Those species not listed as Acanthuridae. CHCRT). remoras ...... Echeneidae. Puhi ...... eels (Those species not listed as CHCRT) ..... Muraenidae, Congridae, Ophichthidae. ‘upapalu ...... cardinalfishes ...... Apogonidae. herrings ...... Clupeidae. Nehu ...... anchovies ...... Engraulidae. coral crouchers ...... Caracanthidae. ‘o‘opu ...... gobies ...... Gobiidae. to‘au ...... snappers (Those species not listed as Lutjanidae. CHCRT or in BMUS). Nunu ...... trumpetfish ...... Aulostomus chinensis. nunu peke ...... cornetfish ...... Fistularia commersoni. Kihikihi ...... moorish Idols ...... Zanclidae. Kikakapu ...... butterflyfishes ...... Chaetodontidae. angelfishes ...... Pomacanthidae. Mamo ...... damselfishes ...... Pomacentridae. nohu, okoze ...... scorpionfishes, lionfishes ...... Scorpaenidae. pa o’o ...... blennies ...... Blenniidae. Kaku ...... barracudas (Those species not listed as Sphyraenidae. CHCRT). sandperches ...... Pinguipedidae. paki‘i ...... flounders and soles ...... Bothidae, Soleidae, Pleurnectidae. Makukana ...... trunkfishes ...... Ostraciidae. humu humu ...... trigger fishes (Those species not listed as Balistidae. CHCRT). Nenue ...... rudderfishes (Those species not listed as Kyphosidae. CHCRT).

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Local name English common name Scientific name

po‘opa‘a ...... hawkfishes (Those species not listed as Cirrhitidae. CHCRT). ‘o‘opu hue, fugu ...... puffer fishes and porcupine fishes ...... Tetradontidae. frogfishes ...... Antennariidae. pipefishes and seahorses ...... Syngnathidae. namako, lole, wana ...... sea cucumbers and sea urchins (Those spe- Echinoderms. cies not listed as CHCRT). Mollusca. ko‘a ...... ahermatypic corals ...... Azooxanthellates. ko‘a ...... mushroom corals ...... Fungiidae. ko‘a ...... small and large coral polyps ...... soft corals and gorgonians ...... anemones ...... Actinaria. soft zoanthid corals ...... Zoanthinaria. hydroid corals ...... Solanderidae. ko‘a ...... lace corals ...... Stylasteridae. ula, a‘ama, mo‘ala, ‘alakuma ...... lobsters, shrimps, mantis shrimps, true crabs Crustaceans. and hermit crabs (Those species not listed as CMUS). Hydrozoans, Bryzoans. black-lip pearl oyster ...... Pinctada margaritifera. other clams ...... Other Bivalves. sea squirts ...... Tunicates. sponges ...... Porifera. tako, he‘e ...... octopi ...... Cephalopods. sea snails ...... Gastropoda. sea slugs ...... Opistobranchs. Limu ...... seaweed ...... Algae. Live rock. segmented worms (Those species not listed Annelids. as CHCRT).

All other Hawaii coral reef ecosystem MUS that are marine plants, invertebrates, and fishes that are not listed in the Hawaii CHCRT table or are not Hawaii bottomfish, crustacean, precious coral, seamount groundfish or western Pacific pelagic MUS.

§ 665.222 Management area. retaining Hawaii coral reef ecosystem (iii) Any person collecting marine The Hawaii coral reef ecosystem MUS must have a special permit if they, organisms for scientific research as management area is as follows: or a vessel which they operate, is used described in § 665.17, or § 600.745 of (a) The U.S. EEZ around the Hawaiian to fish for any: this chapter. Archipelago lying to the east of 160°50′ (i) Hawaii coral reef ecosystem MUS (b) Validity. Each permit will be valid W. long. in low-use MPAs as defined in (b) The inner boundary of the § 665.199; for fishing only in the fishery management area is the seaward (ii) Hawaii Potentially Harvested management area specified on the boundary of the State of Hawaii. Coral Reef Taxa in the coral reef permit. (c) The outer boundary of the ecosystem management area; or (c) General requirements. General management area is the outer boundary (iii) Hawaii coral reef ecosystem MUS requirements governing application of the U.S. EEZ. in the coral reef ecosystem management information, issuance, fees, expiration, area with any gear not specifically § 665.223 Relation to other laws. replacement, transfer, alteration, allowed in this subpart. display, sanctions, and appeals for To ensure consistency between the (2) Transshipment permit. A receiving permits are contained in § 665.13. management regimes of different vessel must be registered for use with a Federal agencies with shared transshipment permit if that vessel is (d) Special permit. The Regional management responsibilities of fishery used in the Hawaii coral reef ecosystem Administrator shall issue a special resources within the Hawaii coral reef management area to land or transship permit in accordance with the criteria ecosystem management area, fishing for PHCRT, or any Hawaii coral reef and procedures specified in this section. Hawaii coral reef ecosystem MUS is not ecosystem MUS harvested within low- (1) Application. An applicant for a allowed within the boundary of a use MPAs. special or transshipment permit issued (3) Exceptions. The following persons National Wildlife Refuge unless under this section must complete and specifically authorized by the USFWS, are not required to have a permit under this section: submit to the Regional Administrator a regardless of whether that refuge was Special Coral Reef Ecosystem Fishing established by action of the President or (i) Any person issued a permit to fish Permit Application Form issued by the Secretary of the Interior. under any FEP who incidentally catches Hawaii coral reef ecosystem MUS while NMFS. Information in the application § 665.224 Permits and fees. fishing for bottomfish MUS, crustacean form must include, but is not limited to (a) Applicability. Unless otherwise MUS, western Pacific pelagic MUS, a statement describing the objectives of specified in this subpart, § 665.13 precious coral, or seamount groundfish. the fishing activity for which a special applies to Hawaii coral reef ecosystem (ii) Any person fishing for Hawaii permit is needed, including a general permits. CHCRT outside of an MPA, who does description of the expected disposition (1) Special permit. Any person of the not retain any incidentally caught United States fishing for, taking or Hawaii PHCRT; and

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of the resources harvested under the (B) Reject the Council’s (C) The type, size, and amount of gear permit (i.e., stored live, fresh, frozen, recommendation, in which case, written which may be used by each vessel preserved, sold for food, ornamental, reasons will be provided by the operated under the special permit. research, or other use, and a description Regional Administrator to the Council (D) Data reporting requirements. of the planned fishing operation, for the rejection. (E) Such other conditions as may be including location of fishing and gear (iv) If the Regional Administrator does necessary to ensure compliance with the operation, amount and species (directed not receive a recommendation from the purposes of the special permit and incidental) expected to be harvested Council within 60 days of Council consistent with the objectives of the and estimated habitat and protected receipt of the permit application, the FEP. species impacts). Regional Administrator can make a (4) Appeals of permit actions. (i) (2) Incomplete applications. The determination of approval or denial Except as provided in subpart D of 15 Regional Administrator may request independently. CFR part 904, any applicant for a permit from an applicant additional (v) Within 30 working days after the or a permit holder may appeal the information necessary to make the consultation in paragraph (d)(3)(ii) of granting, denial, conditioning, or determinations required under this this section, or as soon as practicable suspension of their permit or a permit section. An applicant will be notified of thereafter, NMFS will notify the affecting their interests to the Regional an incomplete application within 10 applicant in writing of the decision to Administrator. In order to be considered working days of receipt of the grant or deny the special permit and, if by the Regional Administrator, such application. An incomplete application denied, the reasons for the denial. appeal must be in writing, must state will not be considered until corrected in Grounds for denial of a special permit the action(s) appealed, and the reasons therefore, and must be submitted within writing. include the following: 30 days of the original action(s) by the (3) Issuance. (i) If an application (A) The applicant has failed to Regional Administrator. The appellant contains all of the required information, disclose material information required, may request an informal hearing on the the Regional Administrator will forward or has made false statements as to any copies of the application within 30 days appeal. material fact, in connection with his or (ii) Upon receipt of an appeal to the Council, the USCG, the fishery her application. management agency of the affected authorized by this section, the Regional (B) According to the best scientific Administrator will notify the permit state, and other interested parties who information available, the directed or have identified themselves to the applicant, or permit holder as incidental catch in the season or appropriate, and will request such Council, and the USFWS. location specified under the permit (ii) Within 60 days following receipt additional information in such form as would detrimentally affect any coral will allow action upon the appeal. Upon of a complete application, the Regional reef resource or coral reef ecosystem in Administrator will consult with the receipt of sufficient information, the a significant way, including, but not Regional Administrator will rule on the Council through its Executive Director, limited to, issues related to spawning USFWS, and the Director of the affected appeal in accordance with the permit grounds or seasons, protected species eligibility criteria set forth in this state fishery management agency interactions, EFH, and habitat areas of concerning the permit application and section and the FEP, as appropriate, particular concern (HAPC). based on information relative to the will receive their recommendations for (C) Issuance of the special permit approval or disapproval of the application on file at NMFS and the would inequitably allocate fishing Council and any additional information, application based on: privileges among domestic fishermen or (A) Information provided by the the summary record kept of any hearing would have economic allocation as its and the hearing officer’s recommended applicant; sole purpose. (B) The current domestic annual decision, if any, and such other (D) The method or amount of harvest harvesting and processing capacity of considerations as deemed appropriate. in the season and/or location stated on the directed and incidental species for The Regional Administrator will notify the permit is considered inappropriate which a special permit is being all interested persons of the decision, based on previous human or natural requested; and the reasons therefore, in writing, (C) The current status of resources to impacts in the given area. normally within 30 days of the receipt be harvested in relation to the (E) NMFS has determined that the of sufficient information, unless overfishing definition in the FEP; maximum number of permits for a given additional time is needed for a hearing. (D) Estimated ecosystem, habitat, and area in a given season has been reached (iii) If a hearing is requested, or if the protected species impacts of the and allocating additional permits in the Regional Administrator determines that proposed activity; and same area would be detrimental to the one is appropriate, the Regional (E) Other biological and ecological resource. Administrator may grant an informal information relevant to the proposal. (F) The activity proposed under the hearing before a hearing officer The applicant will be provided with an special permit would create a significant designated for that purpose after first opportunity to appear in support of the enforcement problem. giving notice of the time, place, and application. (vi) The Regional Administrator may subject matter of the hearing in the (iii) Following a review of the attach conditions to the special permit, Federal Register. Such a hearing shall Council’s recommendation and if it is granted, consistent with the normally be held no later than 30 days supporting rationale, the Regional management objectives of the FEP, following publication of the notice in Administrator may: including, but not limited to: the Federal Register, unless the hearing (A) Concur with the Council’s (A) The maximum amount of each officer extends the time for reasons recommendation and, after finding that resource that can be harvested and deemed equitable. The appellant, the it is consistent with the goals and landed during the term of the special applicant (if different), and, at the objectives of the FEP, the national permit, including trip limits, where discretion of the hearing officer, other standards, the Endangered Species Act, appropriate. interested parties, may appear and other applicable laws, approve or (B) The times and places where personally and/or be represented by deny a special permit; or fishing may be conducted. counsel at the hearing and submit

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information and present arguments as (3) In a low-use MPA without a valid section must describe the new gear and determined appropriate by the hearing special permit. its method of deployment in the special officer. Within 30 days of the last day (4) In violation of any permit issued permit application. A decision on the of the hearing, the hearing officer shall under §§ 665.13 or 665.224. permissibility of this gear type will be recommend in writing a decision to the (c) Fish for, take, or retain any wild made by the Regional Administrator Regional Administrator. live rock or live hard coral except under after consultation with the Council and (iv) The Regional Administrator may a valid special permit for scientific the director of the affected state fishery adopt the hearing officer’s research, aquaculture seed stock management agency. recommended decision, in whole or in collection or traditional and ceremonial part, or may reject or modify it. In any purposes by indigenous people. § 665.228 Gear identification. event, the Regional Administrator will (a) The vessel number must be affixed § 665.226 Notifications. notify interested persons of the to all fish and crab traps on board the decision, and the reason(s) therefore, in Any special permit holder subject to vessel or deployed in the water by any writing, within 30 days of receipt of the the requirements of this subpart must vessel or person holding a permit under hearing officer’s recommended decision. contact the appropriate NMFS §§ 665.13 or 665.224 or that is otherwise The Regional Administrator’s action enforcement agent in American Samoa, established to be fishing for Hawaii constitutes final action for the agency Guam, or Hawaii at least 24 hours before coral reef ecosystem MUS in the Hawaii for the purposes of the Administrative landing any Hawaii coral reef ecosystem management area. Procedure Act. MUS unit species harvested under a (b) Enforcement action. (1) Traps not (5) Any time limit prescribed in this special permit, and report the port and marked in compliance with paragraph section may be extended for good cause, the approximate date and time at which (a) of this section and found deployed for a period not to exceed 30 days, by the catch will be landed. in the Hawaii coral reef ecosystem the Regional Administrator, either upon § 665.227 Allowable gear and gear management area will be considered his or her own motion or upon written restrictions. unclaimed or abandoned property, and request from the Council, appellant or (a) Hawaii coral reef ecosystem MUS may be disposed of in any manner applicant stating the reason(s) therefore. may be taken only with the following considered appropriate by NMFS or an authorized officer. § 665.225 Prohibitions. allowable gear and methods: (1) Hand harvest; (2) Unattended surround nets or bait In addition to the general prohibitions (2) Spear; seine nets found deployed in the Hawaii specified in § 600.725 of this chapter (3) Slurp gun; coral reef ecosystem management area and § 665.15 of this part, it is unlawful (4) Hand net/dip net; will be considered unclaimed or for any person to do any of the (5) Hoop net for Kona crab; abandoned property, and may be following: (6) Throw net; disposed of in any manner considered (a) Fish for, take, retain, possess or (7) Barrier net; appropriate by NMFS or an authorized land any Hawaii coral reef ecosystem (8) Surround/purse net that is officer. MUS in any low-use MPA as defined in attended at all times; § 665.199 unless: (9) Hook-and-line (includes handline §§ 665.229–665.239 [Reserved] (1) A valid permit has been issued for (powered or not), rod-and-reel, and the hand harvester or the fishing vessel § 665.240 Hawaii crustacean fisheries trolling); [Reserved]. operator that specifies the applicable (10) Crab and fish traps with vessel ID area of harvest; number affixed; and § 665.241 Definitions. (2) A permit is not required, as (11) Remote-operating vehicles/ As used in §§ 665.240 through outlined in § 665.224; or submersibles. 665.259: (3) The Hawaii coral reef ecosystem (b) Hawaii coral reef ecosystem MUS MUS possessed on board the vessel may not be taken by means of poisons, Hawaii crustacean management area originated outside the management area explosives, or intoxicating substances. is divided into the following areas: and this can be demonstrated through Possession or use of these materials by (1) Crustacean Permit Area 1 (Permit receipts of purchase, invoices, fishing any permit holder under this subpart Area 1) means the EEZ around the logbooks or other documentation. who is established to be fishing for NWHI. (b) Fish for, take, or retain any Hawaii Hawaii coral reef ecosystem MUS in the (2) Crustacean Permit Area 2 (Permit coral reef ecosystem MUS species: Hawaii management area is prohibited. Area 2) means the EEZ around the MHI. (1) That is determined overfished (c) Existing FEP fisheries shall follow (3) Crustacean Permit Area 1 VMS with subsequent rulemaking by the the allowable gear and methods Subarea means an area within the EEZ Regional Administrator. outlined in their respective plans. around the NWHI 50 nm from the center (2) By means of gear or methods (d) Any person who intends to fish geographical positions of the islands prohibited under § 665.227. with new gear not included in this and reefs in the NWHI as follows:

Name N. lat. W. long.

Nihoa Island ...... 23°05′ 161°55′ Necker Island ...... 23°35′ 164°40′ French Frigate Shoals ...... 23°45′ 166°15′ Gardner Pinnacles ...... 25°00′ 168°00′ Maro Reef ...... 25°25′ 170°35′ Laysan Island ...... 25°45′ 171°45′ Lisianski Island ...... 26°00′ 173°55′ Pearl and Hermes Reef ...... 27°50′ 175°50′ Midway Island ...... 28°14′ 177°22′ Kure Island ...... 28°25′ 178°20′

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Name N. lat. W. long.

The remainder of the VMS subarea is delimited by parallel lines tangent to and connecting the 50-nm areas around the following: from Nihoa Is- land to Necker Island; from French Frigate Shoals to Gardner Pinnacles; from Gardner Pinnacles to Maro Reef; from Laysan Island to Lisianski Island; and from Lisianski Island to Pearl and Hermes Reef.

Hawaii crustacean management unit species (Hawaii crustacean MUS) means the following crustaceans:

Local name English common name Scientific name

Ula ...... spiny lobster ...... Panulirus marginatus, Panulirus penicillatus. ula papapa ...... slipper lobster ...... Scyllaridae. papa‘i kua loa ...... Kona crab ...... Ranina ranina. deepwater shrimp ...... Heterocarpus spp.

Interested parties means the State of (3) The owner of any vessel used to partnerships or corporations shall not Hawaii Department of Land and Natural fish for deepwater shrimp in Crustacean insulate a permit holder from this Resources, the Council, holders of Permit Areas 1 or 2 must have a permit requirement. permits issued under § 665.242, and any issued for that vessel. (2) If 50 percent or more of the person who has notified the Regional (4) Harvest of Hawaii crustacean MUS ownership of a limited access permit is Administrator of his or her interest in within the Northwestern Hawaiian passed to persons other than those listed the procedures and decisions described Islands Marine National Monument is on the permit application, PIRO must be in § 665.248, and who has specifically subject to the requirements of 50 CFR notified of the change in writing and requested to be considered an part 404. provided copies of the appropriate ‘‘interested party.’’ (b) General requirements. General documents confirming the changes Lobster grounds refers, singularly or requirements governing application within 30 days. collectively, to the following four areas information, issuance, fees, expiration, (3) Upon the transfer or sale of a in Crustacean Permit Area 1 that shall replacement, transfer, alteration, limited access permit, a new application be used to manage the lobster fishery: display, sanctions, and appeals for must be submitted by the new permit (1) Necker Island Lobster Grounds— permits issued under this section, as owner according to the requirements of waters bounded by straight lines applicable, are contained in § 665.13. § 665.13. The transferred permit is not connecting the following coordinates in (c) Application. An application for a valid until this process is completed. the order presented: 24°00′ N. lat., permit required under this section will (f) Replacement of a vessel covered by 165°00′ W. long.; 24°00′ N. lat., 164°00′ be submitted to PIRO as described in a limited access permit. A limited W. long.; 23°00′ N. lat., 164°00′ W. long.; § 665.13. If the application for a limited access permit issued under this section and 23°00′ N. lat., 165°00′ W. long. access permit is submitted on behalf of may, without limitation as to frequency, (2) Gardner Pinnacles Lobster a partnership or corporation, the be transferred by the permit holder to a Grounds—waters bounded by straight application must be accompanied by a replacement vessel owned by that lines connecting the following supplementary information sheet person. coordinates in the order presented: obtained from PIRO and contain the (g) Issuance of limited access permits 25°20′ N. lat., 168°20′ W. long.; 25°20′ names and mailing addresses of all to future applicants. (1) The Regional N. lat., 167°40′ W. long.; 24°20′ N. lat., partners or shareholders and their Administrator may issue limited access 167°40′ W. long.; and 24°20′ N. lat., respective percentage of ownership in permits under this section when fewer 168°20′ W. long. the partnership or corporation. than 15 vessel owners hold active (3) Maro Reef Lobster Grounds— (d) Lobster Limited Access Permit permits. waters bounded by straight lines Requirements. (1) A lobster limited (2) When the Regional Administrator connecting the following coordinates in access permit is valid for fishing only in has determined that limited access the order presented: 25°40′ N. lat., Crustacean Permit Area 1. permits may be issued to new persons, 171°00′ W. long.; 25°40′ N. lat., 170°20′ (2) Only one permit will be assigned a notice shall be placed in the Federal W. long.; 25°00′ N. lat., 170°20′ W. long.; to any vessel. Register, and other means will be used and 25°00′ N. lat., 171°00′ W. long. (3) No vessel owner will have permits to notify prospective applicants of the (4) General NWHI Lobster Grounds— for a single vessel to harvest lobsters in opportunity to obtain permits under the all waters within Crustacean Permit Permit Areas 1 and 2 at the same time. limited access management program. Area 1 except for the Necker Island, (4) A maximum of 15 limited access (3) A period of 90 days will be Gardner Pinnacles, and Maro Reef permits can be valid at any time. provided after publication of the Lobster Grounds. (e) Transfer or sale of limited access Federal Register notice for submission permits. (1) Permits may be transferred of new applications for a limited access § 665.242 Permits. or sold, but no one individual, permit. (a) Applicability. (1) The owner of any partnership, or corporation will be (4) Limited access permits issued vessel used to fish for lobster in Permit allowed to hold a whole or partial under this paragraph (g) will be issued Area 1 must have a limited access interest in more than one permit, except first to applicants qualifying under permit issued for such vessel. that an owner who qualifies initially for paragraph (g)(4)(i) of this section. If the (2) The owner of any vessel used to more than one permit may maintain number of limited access permits fish for lobster in Permit Area 2 must those permits, but may not obtain available is greater than the number of have a permit issued for such a vessel. additional permits. Layering of applicants that qualify under paragraph

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(g)(4)(i) of this section, then limited (iii) From closed areas for lobsters, as § 665.252(b), unless the vessel has an access permits will be issued to specified in § 665.251. operational VMS unit, certified by applicants under paragraph (g)(4)(ii) of (iv) During a closed season, as NMFS, on board. this section. specified in § 665.250. (b) In Permit Area 2, it is unlawful for (i) First priority to receive limited (v) After the closure date, as specified any person to— access permits under this paragraph (g) in § 665.252, and until the fishery opens (1) Fish for, take, or retain lobsters— goes to owners of vessels that were used again in the following calendar year. (i) By methods other than lobster traps to land lobster from Permit Area 1 (vi) In a lobster grounds after closure or by hand, as specified in § 665.245; or during the period 1983 through 1990, of that grounds as specified in (ii) During a closed season, as and who were excluded from the fishery § 665.252(b). specified in § 665.250(b). (2) Retain or possess on a fishing by implementation of the limited access (2) Fail to report before landing or vessel any lobster taken in Permit Area system. If there are insufficient permits offloading as specified in § 665.244. 2 that is less than the minimum size for all such applicants, the new permits (3) Fail to comply with any protective measures implemented under § 665.248. specified in § 665.249. shall be issued by the Regional (3) Possess on a fishing vessel any Administrator through a lottery. (4) Leave a trap unattended in the Hawaii crustacean management area lobster or lobster part taken in Permit (ii) Second priority to receive limited Area 2 in a condition where the lobster access permits under paragraph (g) goes except as provided in § 665.245. (5) Maintain on board the vessel or in is not whole and undamaged as to owners with the most points, based the water more than 1,200 traps per specified in § 665.249. upon a point system. If two or more fishing vessel, of which no more than (4) Retain or possess on a fishing owners have the same number of points 1,100 can be assembled traps, as vessel, or remove the eggs from, any egg- and there are insufficient permits for all specified in § 665.245. bearing lobster, as specified in such owners, the Regional (6) Land lobsters taken in Permit Area § 665.249. Administrator shall issue the permits 1 after the closure date, as specified in (5) Possess on a fishing vessel that has through a lottery. Under the point § 665.252, until the fishery opens again a permit for Permit Area 2 issued under system, limited access permits will be the following year. this subpart any lobster trap in Permit issued, in descending order, beginning (7) Refuse to make available to an Area 2 when fishing for lobster in the with owners who have the most points authorized officer and employee of MHI is prohibited during the months of and proceeding to owners who have the NMFS designated by the Regional May, June, July, and August. least points, based on the following: Administrator for inspection and (c) In Crustacean Permit Areas 1 and (A) Three points shall be assigned for copying any records that must be made 2, it is unlawful for any person to fish each calendar year after August 8, 1985, available in accordance with for, take, or retain deepwater shrimp that the applicant was the operator of a § 665.14(g)(2). without a permit issued under vessel that was used to land lobster from (8) Possess on a fishing vessel that has § 665.242. Permit Area 1. a limited access permit issued under § 665.244 Notifications. (B) Two points shall be assigned for § 665.242 any lobster trap in Crustacean (a) The operator of any vessel subject each calendar year or partial year after Permit Area 1 when fishing for lobster August 8, 1985, that the applicant was to the requirements of this subpart must: is prohibited as specified in §§ 665.248, (1) Report, not less than 24 hours, but the owner, operator, or crew member of 665.250(a), or 665.252, or except as a vessel engaged in either commercial not more than 36 hours, before landing, allowed under § 665.245(a)(7). the port, the approximate date and the fishing in Permit Area 2 for lobster, or (9) Possess on a fishing vessel that has fishing in Permit Area 1 for fish other approximate time at which spiny and a limited access permit issued under slipper lobsters will be landed. than lobster with an intention to sell all this subpart any lobster trap in or part of the catch. (2) Report, not less than 6 hours and Crustacean Permit Area 1 VMS Subarea not more than 12 hours before (C) One point shall be assigned for when fishing for lobsters is prohibited each calendar year or partial year after offloading, the location and time that as specified in §§ 665.248, 665.250(a), or offloading of spiny and slipper lobsters August 8, 1985, that the applicant was 665.252, except as allowed under the owner, operator, or crew member of will begin. § 665.245(a)(8). (b) The Regional Administrator will a vessel engaged in any other (10) Interfere with, tamper with, alter, notify permit holders of any change in commercial fishing in the EEZ damage, disable, or impede the the reporting method and schedule surrounding Hawaii. operation of a VMS unit or to attempt required in paragraph (a) of this section (5) A holder of a new limited access any of the same while engaged in the at least 30 days prior to the opening of permit must own at least a 50 percent Permit Area 1 fishery; or to move or the fishing season. share in the vessel that the permit remove a VMS unit while engaged in would cover. the Permit Area 1 fishery without first § 665.245 Gear restrictions. notifying the Regional Administrator. (a) Permit Area 1. (1) Lobsters may be § 665.243 Prohibitions. (11) Make a false statement, oral or taken only with lobster traps or by hand. In addition to the general prohibitions written, to the Regional Administrator Lobsters may not be taken by means of specified in 50 CFR §§ 600.725 and or an authorized officer, regarding the poisons, drugs, other chemicals, spears, 665.15, it is unlawful for any person to certification, use, operation, or nets, hook, or explosives. do any of the following: maintenance of a VMS unit used in the (2) The smallest opening of an entry (a) In Permit Area 1, it is unlawful for fishery. way of any lobster trap may not allow any person to— (12) Fail to allow an authorized officer any sphere or cylinder greater than 6.5 (1) Fish for, take, or retain lobsters— to inspect and certify a VMS unit used inches (16.5 cm) in diameter to pass (i) Without a limited access permit in the fishery. from outside the trap to inside the trap. issued under § 665.242. (13) Possess, on a fishing vessel that (3) Each lobster trap must have a (ii) By methods other than lobster has a limited access permit issued under minimum of two escape vent panels that traps or by hand for lobsters, as this subpart, any lobster trap in a lobster meet the following requirements: specified in § 665.245. grounds that is closed under

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(i) Panels must have at least four § 665.246 Gear identification. was related to the lobster fishery, the unobstructed circular holes no smaller In Permit Area 1, the vessel’s official Regional Administrator will: than 67 mm in diameter, with centers at number must be marked legibly on all (1) Advise the interested parties of his least 82 mm apart. traps and floats maintained on board the or her conclusion and the facts upon (ii) The lowest part of any opening in vessel or in the water by that vessel. which it is based. an escape vent panel must not be more § 665.247 At-sea observer coverage. (2) Request from the interested parties than 85 mm above the floor of the trap. their advice on the necessity of (iii) Panels must be placed opposite All fishing vessels subject to protective measures and suggestions for one another in each trap. §§ 665.240 though 665.252 and subpart appropriate protective measures. A of this part must carry an observer (4) A vessel fishing for or in (e) Determination of response. The possession of lobster in any permit area when requested to do so by the Regional Administrator. Regional Administrator will consider all may not have on board the vessel any relevant information discovered during trap that does not meet the requirements § 665.248 Monk seal protective measures. the investigation or submitted by of paragraphs (a)(1), (2), and (3) of this (a) General. This section establishes a interested parties in deciding on the section. procedure that will be followed if the appropriate response. Protective (5) A maximum of 1,200 traps per Regional Administrator receives a report measures may include, but are not vessel may be maintained on board or of a monk seal death that appears to be limited to, changes in trap design, in the water, provided that no more than related to the lobster fishery in Permit changes in gear, closures of specific 1,100 assembled traps are maintained Area 1. areas, or closures for specific periods of on board or in the water. If more than (b) Notification. Upon receipt of a time. 1,100 traps are maintained, the report of a monk seal death that appears (f) Action by the Regional unassembled traps may be carried as to be related to the lobster fishery, the Administrator. If the Regional spares only, in order to replace Regional Administrator will notify all Administrator decides that protective assembled traps that may be lost or interested parties of the facts known measures are necessary and appropriate, become unusable. about the incident. The Regional the Regional Administrator will prepare (6) Traps shall not be left unattended Administrator will also notify them that a document that describes the incident, in any permit area, except in the event an investigation is in progress, and that, the protective measures proposed, and of an emergency, in which case the if the investigation reveals a threat of the reasons for the protective measures; vessel operator must notify the SAC of harm to the monk seal population, provide it to the interested parties; and the emergency that necessitated leaving protective measures may be request their comments. the traps on the grounds, and the implemented. (g) Implementation of protective location and number of the traps, within (c) Investigation. (1) The Regional 24 hours after the vessel reaches port. measures. (1) If, after completing the Administrator will investigate the steps described in paragraph (f) of this (7) A vessel whose owner has a incident reported and will attempt to: section, the Regional Administrator limited access permit issued under this (i) Verify that the incident occurred. concludes that protective measures are subpart and has an operating VMS unit (ii) Determine the extent of the harm necessary and appropriate, the Regional certified by NMFS may enter Crustacean to the monk seal population. Administrator will recommend the Permit Area 1 with lobster traps on (iii) Determine the probability of a protective measures to the Assistant board on or after June 25, but must similar incident recurring. Administrator and provide notice of this remain outside the Crustacean Permit (iv) Determine details of the incident recommendation to the Chairman of the Area 1 VMS Subarea until the NWHI such as: Council and the Director of the Division lobster season opens on July 1. (A) The number of animals involved. of Aquatic Resources, Department of (8) A vessel whose owner has a (B) The cause of the mortality. Land and Natural Resources, State of limited access permit issued under this (C) The age and sex of the dead Hawaii. subpart and has on board an operational animal(s). (2) If the Assistant Administrator VMS unit certified by NMFS may transit (D) The relationship of the incident to concurs with the Regional Crustacean Permit Area 1, including the reproductive cycle, for example, Administrator’s recommendation, Crustacean Permit Area 1 VMS Subarea, breeding season (March–September), NMFS will publish an action in the with lobster traps on board for the non-breeding season (October– Federal Register that includes a purpose of moving to another lobster February). description of the incident that triggered grounds or returning to port following (E) The population estimates or the procedure described in this section, the closure date, as specified in counts of animals at the island where the protective measures, and the reasons § 665.252, providing the vessel does not the incident occurred. for the protective measures. stop or fish and is making steady (F) Any other relevant information. progress to another lobster grounds or (v) Discover and evaluate any (h) Notification of ‘‘no action.’’ If, at back to port as determined by NMFS. extenuating circumstances. any point in the process described in (9) The operator of a permitted vessel (vi) Evaluate any other relevant this section, the Regional Administrator must notify the Regional Administrator factors. or Assistant Administrator decides that or an authorized officer no later than (2) The Regional Administrator will no further action is required, the June 15 of each year if the vessel will make the results of the investigation interested parties will be notified of this use a VMS unit in the fishery and allow available to the interested parties and decision. for inspection and certification of the request their advice and comments. (i) Effective dates. (1) The protective unit. (d) Determination of relationship. The measures will take effect 10 days after (b) Permit Area 2. Lobsters may be Regional Administrator will review and the date of publication in the Federal taken only with lobster traps or by hand. evaluate the results of the investigation Register. Lobsters may not be taken by means of and any comments received from (2) The protective measures will poisons, drugs, other chemicals, spears, interested parties. If there is substantial remain in effect for the shortest of the nets, hooks, or explosives. evidence that the death of the monk seal following time periods:

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(i) Until the Hawaii FEP and this (ii) NMFS will publish the emergency (b) Harvest guideline. (1) The Regional section are amended to respond to the protective measures in the Federal Administrator shall use information problem; Register. from daily lobster catch reports and (ii) Until other action that will (iii) The Regional Administrator will lobster sales reports from previous respond to the problem is taken under notify the interested parties of the years, and may use information from the ESA; emergency protective measures. Holders research sampling and other sources to (iii) Until the Assistant Administrator, of permits to fish in Permit Area I will establish the annual harvest guideline in following the procedures set forth in be notified by certified mail. Permit accordance with the FEP after paragraph (j) of this section, decides that holders that the Regional Administrator consultation with the Council. the protective measures are no longer knows are on the fishing grounds also (2) NMFS shall publish a document required and repeals the measures; or will be notified by radio. indicating the annual harvest guideline in the Federal Register by February 28 (iv) For the period of time set forth in (3) Effective dates. (i) Emergency of each year and shall use other means the Federal Register notification, not to protective measures are effective against to notify permit holders of the harvest exceed 3 months. The measures may be a permit holder at 12:01 a.m., local time, guideline for the year. renewed for 3 months after again of the day following the day the permit (3) The Regional Administrator shall following procedures in paragraphs (b) holder receives actual notice of the determine, on the basis of the through (g) of this section. measures. (ii) Emergency protective measures information reported to NMFS by the (j) Repeal. (1) If the Assistant operator of each vessel fishing, when Administrator decides that protective are effective for 10 days from the day following the day the first permit holder the harvest guideline for each lobster measures may no longer be necessary ground will be reached. for the protection of monk seals, the is notified of the protective measures. (iii) Emergency protective measures (4) Notice of the date when the Assistant Administrator will notify the harvest guideline for a lobster ground is interested parties of this preliminary may be extended for an additional 10 days, if necessary, to allow the expected to be reached and specification decision and the facts upon which it is of the closure date of the lobster based. The Assistant Administrator will completion of the procedures set out in § 665.252. grounds will be provided to each permit request advice on the proposed repeal of holder and/or operator of each the protective measures. § 665.249 Lobster size and condition permitted vessel at least 24 hours in (2) The Assistant Administrator will restrictions in Permit Area 2. advance of the closure. After a closure, consider all relevant information (a) Only spiny lobsters with a the harvest of lobster in that lobster obtained by the Regional Administrator carapace length of 8.26 cm or greater ground is prohibited, and the possession or submitted by interested parties in may be retained (see Figure 1 to this of lobster traps on board the vessel in deciding whether to repeal the part). that lobster ground is prohibited unless protective measures. (b) Any lobster with a punctured or allowed under § 665.245(a)(8). (3) If the Assistant Administrator mutilated body, or a separated carapace (5) With respect to the notification in decides to repeal the protective and tail, may not be retained. paragraph (b)(4) of this section, NMFS measures— (c) A female lobster of any size may shall provide each permit holder and (i) Interested parties will be notified not be retained if it is carrying eggs operator of each permitted vessel with of the decision; and externally. Eggs may not be removed the following information, as (ii) Notification of repeal and the from female lobsters. appropriate: reasons for the repeal will be published (i) Determination of when the overall in the Federal Register. § 665.250 Closed seasons. harvest guideline for Crustacean Permit (k) Monk seal emergency protective (a) Lobster fishing is prohibited in Area 1 will be reached; measures—(1) Determination of Permit Area 1 during the months of (ii) Closure date after which harvest of emergency. If, at any time during the January through June, inclusive. lobster or possession of lobster traps on process described in paragraphs (a) (b) Lobster fishing is prohibited in board the vessel in a lobster grounds is through (j) of this section, the Regional Permit Area 2 during the months of prohibited; (iii) Closure date after which the Administrator determines that an May, June, July, and August. possession of lobster traps on board the emergency exists involving monk seal § 665.251 Closed areas. vessel in Crustacean Permit Area 1 is mortality related to the lobster fishery prohibited by any permitted vessel that and that measures are needed All lobster fishing is prohibited: is not operating a VMS unit certified by immediately to protect the monk seal (a) Within 20 nm of Laysan Island. (b) Within the EEZ landward of the NMFS; and population, the Regional Administrator (iv) Specification of when further will— 10-fathom curve as depicted on National Ocean Survey Charts, Numbers 19022, landings of lobster will be prohibited by (i) Notify the interested parties of this 19019, and 19016. permitted vessels not carrying an determination and request their operational VMS unit, certified by immediate advice and comments. § 665.252 Harvest limitation program. NMFS, on board. (ii) Forward a recommendation for (a) General. Harvest guidelines for the (c) Monitoring and adjustment. The emergency action and any advice and Necker Island Lobster Grounds, Gardner operator of each vessel fishing during comments received from interested Pinnacles Lobster Grounds, Maro Reef the open season shall report lobster parties to the Assistant Administrator. Lobster Grounds, and General NWHI catch (by species) and effort (number of (2) Implementation of emergency Lobster Grounds for Permit Area 1 will trap hauls) data while at sea to NMFS measures. If the Assistant Administrator be set annually for the calendar year and in Honolulu. The Regional agrees with the recommendation for shall: Administrator shall notify permit emergency action— (1) Apply to the total catch of spiny holders of the reporting method, (i) The Regional Administrator will and slipper lobsters. schedule, and logistics at least 30 days determine the appropriate emergency (2) Be expressed in terms of numbers prior to the opening of the fishing protective measures. of lobsters. season.

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§§ 665.253–665.259 [Reserved] Hawaii precious coral management § 665.260 Hawaii precious coral fisheries unit species (Hawaii precious coral [Reserved]. MUS) means any coral of the genus Corallium in addition to the following § 665.261 Definitions. species of corals: As used in §§ 665.260 through 665.270:

English common name Scientific name

Pink coral (also known as red coral) ...... Corallium secundum, Corallium regale, Corallium laauense. Gold coral ...... Gerardia spp., Callogorgia gilberti, Narella spp., Calyptrophora spp. Bamboo coral ...... Lepidisis olapa, Acanella spp. Black coral ...... Antipathes griggi, Antipathes grandis, Antipathes ulex.

Hawaii precious coral permit area on the permit. Precious Coral Permit can be demonstrated through receipts of means the area encompassing the Areas are defined in § 665.261. purchase, invoices, or other precious coral beds within the EEZ (c) No more than one permit will be documentation. around Hawaii. Each bed is designated valid for any one vessel at any one time. by a permit area code and assigned to (d) No more than one permit will be § 665.264 Gear restrictions. one of the following four categories: valid for any one person at any one Only selective gear may be used to (1) Established beds. (i) Makapu’u time. harvest coral from any precious coral (Oahu), Permit Area E–B–1, includes the (e) The holder of a valid permit to fish permit area. one permit area may obtain a permit to area within a radius of 2.0 nm of a point § 665.265 Size restrictions. at 21°18.0′ N. lat., 157°32.5′ W. long. fish another permit area only upon The height of a live coral specimen (ii) Au’au Channel (Maui), Permit surrendering to the Regional shall be determined by a straight line Area E–B–2, includes the area west and Administrator any current permit for the measurement taken from its base to its south of a point at 21°10′ N. lat., 156°40′ precious coral fishery issued under most distal extremity. The stem W. long., and east of a point at 21° N. § 665.13. diameter of a living coral specimen shall lat., 157° W. long., and west and north (f) General requirements governing be determined by measuring the greatest of a point at 20°45′ N. lat., 156°40′ W. application information, issuance, fees, diameter of the stem at a point no less long. expiration, replacement, transfer, than 1 inch (2.54 cm) from the top (2) Conditional beds. (i) Keahole Point alteration, display, sanctions, and surface of the living holdfast. (Hawaii), Permit Area C–B–1, includes appeals for permits for the precious (a) Live pink coral harvested from any the area within a radius of 0.5 nm of a coral fishery are contained in § 665.13. precious coral permit area must have point at 19°46.0′ N. lat., 156°06.0′ W. §665.263 Prohibitions. attained a minimum height of 10 inches long. In addition to the general prohibitions (25.4 cm). (ii) Kaena Point (Oahu), Permit Area specified in 50 CFR 600.725 and in (b) Black coral. Live black coral C–B–2, includes the area within a radius ° ′ 665.15, it is unlawful for any person to: harvested from any precious coral of 0.5 nm of a point at 21 35.4 N. lat., (a) Use any vessel to fish for, take, ° ′ permit area must have attained either a 158 22.9 W. long. retain, possess or land precious coral in minimum stem diameter of 1 inch (2.54 (iii) Brooks Bank, Permit Area C–B–3, any Hawaii precious coral permit area, cm), or a minimum height of 48 inches includes the area within a radius of 2.0 unless a permit has been issued for that ° ′ (122 cm). nm of a point at 24 06.0 N. lat., vessel and area as specified in § 665.13 ° ′ 166 48.0 W. long. and that permit is on board the vessel. § 665.266 Area restrictions. (iv) 180 Fathom Bank, Permit Area C– (b) Fish for, take, or retain any species Fishing for coral on the WestPac Bed B–4, N.W. of Kure Atoll, includes the of Hawaii precious coral MUS in any is not allowed. The specific area closed area within a radius of 2.0 nm of a point precious coral permit area: to fishing is all waters within a 2-nm at 28°50.2′ N. lat., 178°53.4′ W. long. (1) By means of gear or methods radius of the midpoint of 23°18.0′ N. (3) Refugia. Westpac Bed, Permit Area prohibited by § 665.264. lat., 162°35.0′ W. long. R–1, includes the area within a radius (2) In refugia specified in § 665.261. of 2.0 nm of a point at 23°18′ N. lat., (3) In a bed for which the quota § 665.267 Seasons. 162°35′ W. long. specified in § 665.269 has been attained. The fishing year for precious coral (4) Exploratory areas. Permit Area X– (4) In violation of any permit issued begins on July 1 and ends on June 30 the P–H includes all coral beds, other than under §§ 665.13 or 665.17. following year, except at the Makapu’u established beds, conditional beds, or (5) In a bed that has been closed and Au’au Channel Beds, which have a refugia, in the EEZ seaward of the State pursuant to §§ 665.268 or 665.270. two-year fishing period that begins July of Hawaii. (c) Take and retain, possess, or land 1 and ends June 30, two years later. any live pink coral or live black coral § 665.262 Permits. from any precious coral permit area that § 665.268 Closures. (a) Any vessel of the United States is less than the minimum height (a) If the Regional Administrator fishing for, taking, or retaining Hawaii specified in § 665.265 unless: determines that the harvest quota for precious coral MUS in any Hawaiian (1) A valid EFP was issued under any coral bed will be reached prior to Archipelago precious coral permit area § 665.17 for the vessel and the vessel the end of the fishing year, or the end must have a permit issued under was operating under the terms of the of the 2-year fishing period at Makapu’u § 665.13. permit; or Bed or Au’au Channel Bed, NMFS shall (b) Each permit will be valid for (2) The coral originated outside coral publish a notice to that effect in the fishing only in the permit area specified beds listed in this paragraph, and this Federal Register and shall use other

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means to notify permit holders. Any nonselective coral harvesting after the United States between July 1 and such notice must indicate the reason for quota for one species of coral has been December 31 of the year that just ended the closure, the bed being closed, and taken. on December 31. the effective date of the closure. (c) Reserves and reserve release. The (3) NMFS will release to TALFF an (b) A closure is also effective for a quotas for exploratory area X–P–H will amount of Hawaii precious coral for permit holder upon the permit holder’s be held in reserve for harvest by vessels each exploratory area equal to the quota actual harvest of the applicable quota. of the United States in the following minus two times the amount harvested § 665.269 Quotas. manner: by vessels of the United States in that (a) General. The quotas limiting the (1) At the start of the fishing year, the July 1–December 31 period. amount of precious coral that may be reserve for the Hawaii exploratory areas (4) NMFS will publish in the Federal taken in any precious coral permit area will equal the quota minus the Register a notification of the Regional during the fishing year are listed in estimated domestic annual harvest for Administrator’s determination and a § 665.269(d). Only live coral is counted that year. summary of the information on which it toward the quota. The accounting (2) As soon as practicable after is based as soon as practicable after the period for all quotas begins July 1, 1983. December 31 each year, the Regional determination is made. (b) Conditional bed closure. A Administrator will determine the (d) Quotas for precious coral permit conditional bed will be closed to all amount harvested by vessels of the areas.

Number of Type of coral bed Name of coral bed Harvest quota in kilograms years

Established Beds ...... Au’au Channel ...... Black: 5,000 ...... 2 Makapu’u ...... Pink: 2,000 ...... 2 Gold: 0 (zero) ...... Bamboo: 500 ...... 2 Conditional Beds ...... 180 Fathom Bank ...... Pink: 222 ...... 1 Gold: 67 ...... 1 Bamboo: 56 ...... 1 Brooks Bank ...... Pink: 444 ...... 1 Gold: 133 ...... 1 Bamboo: 111 ...... 1 Kaena Point ...... Pink: 67 ...... 1 Gold: 20 ...... 1 Bamboo: 17 ...... 1 Keahole Point ...... Pink: 67 ...... 1 Gold: 20 ...... 1 Bamboo: 17 ...... 1 Refugia ...... Westpac ...... All: 0 (zero) ...... Exploratory Area ...... Hawaii ...... 1,000 per area (all species combined ex- 1 cept black corals). Notes: 1. No fishing for coral is authorized in refugia. 2. A moratorium on gold coral harvesting is in effect through June 30, 2013.

§ 665.270 Gold coral harvest moratorium. which the territorial sea is measured, or CNMI commercial bottomfish permit Fishing for, taking, or retaining any is coterminous with adjacent means the permit required by gold coral in any precious coral permit international maritime boundaries. § 665.404(a)(2) to engage in commercial area is prohibited through June 30, § 665.399 Area restrictions. fishing for Mariana bottomfish MUS in 2013. the CNMI management subarea. Anchoring by all fishing vessels over Guam bottomfish permit means the Subpart D—Mariana Archipelago 50 ft (15.25 m) LOA is prohibited in the Fisheries U.S. EEZ seaward of Guam west of permit required by § 665.404(a)(1) to use 144°30′ E. long. except in the event of a large vessel to fish for, land, or § 665.398 Management area. an emergency caused by ocean transship Mariana bottomfish MUS The Mariana fishery management area conditions or by a vessel malfunction shoreward of the outer boundary of the is the EEZ seaward of Guam and CNMI that can be documented. Guam subarea of the Mariana fishery management area. with the inner boundary a line § 665.400 Mariana bottomfish fisheries coterminous with the seaward [Reserved]. Mariana bottomfish management unit boundaries of Guam and CNMI and the species (Mariana bottomfish MUS) outer boundary a line drawn in such a § 665.401 Definitions. means the following fish: manner that each point on it is 200 As used in §§ 665.400 through nautical miles from the baseline from 665.419:

Local name Chamorro/Carolinian English common name Scientific name

Lehi/maroobw ...... red snapper, silvermouth ...... Aphareus rutilans. Gogunafon/aiwe ...... gray snapper, jobfish ...... Aprion virescens. Tarakitu/etam ...... Giant trevally, jack ...... Caranx ignobilis. Tarakiton attelong/orong ...... Black trevally, jack ...... Caranx lugubris. Gadao/meteyil ...... blacktip grouper ...... Epinephelus fasciatus.

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Local name Chamorro/Carolinian English common name Scientific name

Bueli/bwele ...... lunartail grouper ...... Variola louti. Buninas agaga’/falaghal moroobw ...... red snapper ...... Etelis carbunculus. Abuninas/taighulupegh ...... red snapper ...... Etelis coruscans. Mafuti/atigh ...... redgill emperor ...... Lethrinus rubrioperculatus. Mafuti/loot ...... Ambon emperor ...... Lethrinus amboinensis. Funai/saas ...... blueline snapper ...... Lutjanus kasmira. Buninas/falaghal-maroobw ...... yellowtail snapper ...... Pristipomoides auricilla. Buninas or pakapaka/falaghal-maroobw ...... pink snapper ...... Pristipomoides filamentosus. Buninas/falaghal-maroobw ...... yelloweye snapper ...... Pristipomoides flavipinnis. pink snapper ...... Pristipomoides seiboldii. Buninas rayao amariyu/falaghal-maroobw ...... snapper ...... Pristipomoides zonatus. Tarakiton tadong/Meseyugh ...... amberjack ...... Seriola dumerili.

§ 665.402 Management subareas. Point N. lat. E. long. Mariana bottomfish MUS shoreward of The Mariana fishery management area the outer boundary of the Guam subarea is divided into bottomfish management GU–1–A ...... 14°16′ 144°17′ must have a permit issued under this subareas with the following GU–1–B ...... 13°50′ 143°52′ section, and the permit must be GU–1–C ...... 13°17′ 143°46′ designations and boundaries: ° ′ ° ′ registered for use with that vessel. (a) Guam Management Subarea GU–1–D ...... 12 50 143 54 GU–1–E ...... 12°30′ 144°14′ (2) Commonwealth of the Northern means the EEZ seaward of the Territory GU–1–F ...... 12°25′ 144°51′ Mariana Islands (CNMI) commercial. of Guam, with the inner boundary GU–1–G ...... 12°57′ 145°33′ The owner of any vessel used to defined as a line coterminous with the GU–1–H ...... 13°12′ 145°43′ commercially fish for, transship, seaward boundary of the Territory of GU–1–I ...... 13°29′44″ 145°48′27″ receive, or land Mariana bottomfish Guam. GU–1–A ...... 14°16′ 144°17′ MUS shoreward of the outer boundary (b) CNMI Management Subarea means of the CNMI management subarea must the EEZ seaward of the CNMI. The (b) CNMI medium and large vessel have a permit issued under this section, CNMI Management Subarea is further bottomfish prohibited areas. A medium and the permit must be registered for divided into subareas with the following or large vessel of the United States, as use with that vessel. designations and boundaries: defined in § 665.12, may not be used to (b) Submission. An application for a (1) CNMI Inshore Area means that fish commercially for Mariana permit required under this section must portion of the EEZ within 3 nautical bottomfish MUS in the following areas: be submitted to PIRO as described in (1) CNMI Southern Islands (Area NM– miles from the shoreline of the CNMI. § 665.13. (2) CNMI Offshore Area means that 1). The CNMI Southern Islands portion of the EEZ seaward of 3 nautical prohibited area is defined as the waters § 665.405 Prohibitions. miles from the shoreline of the CNMI. of the U.S. EEZ surrounding CNMI that In addition to the general prohibitions (c) The outer boundary of each fishery are enclosed by straight lines connecting specified in § 600.725 of this chapter management area is a line drawn in the following coordinates in the order and § 665.15, it is unlawful for any such a manner that each point on it is listed: person to do any of the following: 200 nautical miles from the baseline (a) Fish for Mariana bottomfish MUS from which the territorial sea is Point N. lat. E. long. using gear prohibited under § 665.406. measured, or is coterminous with ° ′ ° ′ (b) Use a large vessel that does not adjacent international maritime NM–1–A ...... 14 9 144 15 ° ′ ″ ° ′ have a valid Guam bottomfish permit boundaries, except that the outer NM–1–B ...... 16 10 47 145 12 NM–1–C ...... 16°10′47″ 146°53′ registered for use with that vessel to fish boundary of the CNMI Inshore Area is NM–1–D ...... 14°48′ 146°33′ for, land, or transship Mariana 3 nautical miles from the shoreline. The NM–1–E ...... 13°27′ 145°43′ bottomfish MUS shoreward of the outer boundary between the fishery ° ′ ° ′ NM–1–A ...... 14 9 144 15 boundary of the Guam management management areas of Guam and CNMI subarea of the bottomfish fishery extends to those points which are (2) CNMI Alamagan Island (Area NM– management area in violation of equidistant between Guam and the 2). The CNMI Alamagan Island § 665.404(a). island of Rota in the CNMI. CNMI and prohibited area is defined as the waters (c) Use a large vessel to fish for Guam management subareas are divided of the U.S. EEZ surrounding CNMI that Mariana bottomfish MUS within the by a line intersecting these two points: are enclosed by straight lines connecting Guam large vessel bottomfish prohibited 148° E. long., 12° N. lat., and 142° E. the following coordinates in the order area, as defined in § 665.403(a). long., 16° N. lat. listed: (d) Land or transship, shoreward of § 665.403 Bottomfish fishery area Point N. lat. E. long. the outer boundary of the Guam management. management subarea of the bottomfish (a) Guam large vessel bottomfish NM–2–A ...... 17°26′ 145°40′ fishery management area, Mariana prohibited area (Area GU–1). A large NM–2–B ...... 17°46′ 145°40′ bottomfish MUS that were harvested in vessel of the United States, as defined NM–2–C ...... 17°46′ 146°00′ violation of § 665.405(c). NM–2–D ...... 17°26′ 146°00′ in § 665.12, may not be used to fish for ° ′ ° ′ (e) Use a vessel to fish commercially Mariana bottomfish MUS in the Guam NM–2–A ...... 17 26 145 40 for Mariana bottomfish MUS shoreward large vessel bottomfish prohibited area, of the outer boundary of the CNMI defined as the U.S. EEZ waters § 665.404 Permits. management subarea without a valid surrounding Guam that are enclosed by (a) Applicability—(1) Guam large CNMI commercial bottomfish permit straight lines connecting the following vessel. The owner of any large vessel registered for use with that vessel, in coordinates in the order listed: used to fish for, land, or transship violation of § 665.404(a)(2).

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(f) Use a medium or large vessel, as of the outer boundary of the CNMI an observer when directed to do so by defined in § 665.12, to fish for Mariana management subarea in violation of the Regional Administrator. bottomfish MUS within the CNMI § 665.14(b). medium and large vessel bottomfish §§ 665.408–665.419 [Reserved] § 665.406 Gear restrictions. prohibited areas, as defined in (a) Bottom trawls and bottom set § 665.420 Mariana coral reef ecosystem § 665.403(b). fisheries [Reserved]. (g) Retain, land, possess, sell, or offer gillnets. Fishing for bottomfish with for sale, shoreward of the outer bottom trawls and bottom set gillnets is § 665.421 Definitions. boundary of the CNMI management prohibited. (b) Possession of gear. Possession of a As used in §§ 665.420 through subarea, Mariana bottomfish MUS that bottom trawl and bottom set gillnet by 665.439: were harvested in violation of any vessel having a permit under § 665.405(f), except that Mariana Mariana coral reef ecosystem § 665.404 or otherwise established to be bottomfish MUS that are harvested management unit species (Mariana fishing for bottomfish in the legally may be transferred to a receiving coral reef ecosystem MUS) means all of management subareas is prohibited. the Currently Harvested Coral Reef Taxa vessel shoreward of the outer boundary (c) Poisons and explosives. The of the CNMI medium and large vessel and Potentially Harvested Coral Reef possession or use of any poisons, Taxa listed in this section and which bottomfish prohibited area as defined in explosives, or intoxicating substances § 665.403(b). spend the majority of their non-pelagic for the purpose of harvesting bottomfish (post-settlement) life stages within (h) Falsify or fail to make, keep, is prohibited. maintain, or submit a Federal logbook as waters less than or equal to 50 fathoms required under § 665.14(b) when using a § 665.407 At-sea observer coverage. in total depth. vessel to engage in commercial fishing All fishing vessels subject to Mariana Currently Harvested Coral for Mariana bottomfish MUS shoreward §§ 665.400 through 665.407 must carry Reef Taxa:

Local name (Chamorro/ Family name Carolinian) English common name Scientific name

Acanthuridae (Surgeonfishes) ...... orange-spot surgeonfish ...... Acanthurus olivaceus. hugupao dangulo/mowagh ...... yellowfin surgeonfish ...... Acanthurus xanthopterus. Kichu/limell ...... convict tang ...... Acanthurus triostegus. eye-striped surgeonfish ...... Acanthurus dussumieri. blue-lined surgeon ...... Acanthurus nigroris. whitebar surgeonfish ...... Acanthurus leucopareius. whitebar surgeonfish ...... Acanthurus leucopareius. Hiyok/filaang ...... blue-banded surgeonfish ...... Acanthurus lineatus. blackstreak surgeonfish ...... Acanthurus nigricauda. whitecheek surgeonfish ...... Acanthurus nigricans. white-spotted surgeonfish ...... Acanthurus guttatus. ringtail surgeonfish ...... Acanthurus blochii. brown surgeonfish ...... Acanthurus nigrofuscus. mimic surgeonfish ...... Acanthurus pyroferus. Yellow tang ...... Zebrasoma flavescens. striped bristletooth ...... Ctenochaetus striatus. twospot bristletooth ...... Ctenochaetus binotatus. tataga/igh-falafal ...... bluespine unicornfish ...... Naso unicornus. hangon/bwulaalay ...... orangespine unicornfish ...... Naso lituratus. humpnose unicornfish ...... Naso tuberosus. black tongue unicornfish ...... Naso hexacanthus. bignose unicornfish ...... Naso vlamingii. whitemargin unicornfish ...... Naso annulatus. spotted unicornfish ...... Naso brevirostris. humpback unicornfish ...... Naso brachycentron. gray unicornfish ...... Naso caesius. Balistidae (Triggerfishes) ...... titan triggerfish ...... Balistoides viridescens. clown triggerfish ...... Balistoides conspicillum. orange striped triggerfish ...... Balistapus undulatus. pinktail triggerfish ...... Melichthys vidua. black triggerfish ...... Melichthys niger. blue triggerfish ...... Pseudobalistes fuscus. Picassofish ...... Rhinecanthus aculeatus. wedged Picassofish ...... Balistoides rectangulus. bridled triggerfish ...... Sufflamen fraenatus. Carangidae (Jacks) ...... atulai/peti ...... Bigeye scad ...... Selar crumenophthalmus. mackerel scad ...... Decapterus macarellus. Carcharhinidae (Sharks) ...... grey reef shark ...... Carcharhinus amblyrhynchos. silvertip shark ...... Carcharhinus albimarginatus. Galapagos shark ...... Carcharhinus galapagensis. blacktip reef shark ...... Carcharhinus melanopterus. whitetip reef shark ...... Triaenodon obesus. Holocentridae (Solderfish/ saksak/mweel ...... bigscale soldierfish ...... Myripristis berndti. Squirrelfish. sagamelon ...... bronze soldierfish ...... Myripristis adusta. sagamelon ...... blotcheye soldierfish ...... Myripristis murdjan. sagamelon ...... brick soldierfish ...... Myripristis amaena.

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Local name (Chamorro/ Family name Carolinian) English common name Scientific name

sagamelon ...... scarlet soldierfish ...... Myripristis pralinia. sagamelon ...... violet soldierfish ...... Myripristis violacea. sagamelon ...... whitetip soldierfish ...... Myripristis vittata. sagamelon ...... yellowfin soldierfish ...... Myripristis chryseres. sagamelon ...... pearly soldierfish ...... Myripristis kuntee. sagamelon ...... tailspot squirrelfish ...... Sargocentron caudimaculatum. file-lined squirrelfish ...... Sargocentron microstoma. chalak ...... crown squirrelfish ...... Sargocentron diadema. sagsag/leet ...... blue-lined squirrelfish ...... Sargocentron tiere. sisiok ...... saber or long jaw squirrelfish ...... Sargocentron spiniferum. sagsag/leet ...... spotfin squirrelfish ...... Neoniphon spp. Kuhliidae (Flagtails) ...... barred flag-tail ...... Kuhlia mugil. Kyphosidae (Rudderfish) ...... Guili ...... rudderfish ...... Kyphosus biggibus. Guili/schpwul ...... rudderfish ...... Kyphosus cinerascens. guilen puengi/reel ...... rudderfish ...... Kyphosus vaigienses. Labridae (Wrasses) ...... tangison/maam ...... floral wrasse ...... Cheilinus chlorourus. tangison/maam ...... napoleon wrasse ...... Cheilinus undulatus. lalacha mamate/Porou ...... triple-tail wrasse ...... Cheilinus trilobatus. harlequin tuskfish, red-breasted Cheilinus fasciatus. wrasse. ring-tailed wrasse ...... Oxycheilinus unifasciatus. razor wrasse ...... Xyrichtys pavo. whitepatch wrasse ...... Xyrichtys aneitensis. cigar wrasse ...... Cheilio inermis. blackeye thicklip ...... Hemigymnus melapterus. barred thicklip ...... Hemigymnus fasciatus. three-spot wrasse ...... Halichoeres trimaculatus. checkerboard wrasse ...... Halichoeres hortulanus. weedy surge wrasse ...... Halichoeres margaritacous. three-spot wrasse ...... Halichoeres trimaculatus. surge wrasse ...... Thalassoma purpureum. red ribbon wrasse ...... Thalassoma quinquevittatum. sunset wrasse ...... Thalassoma lutescens. longface wrasse ...... Hologynmosus doliatus. rockmover wrasse ...... Novaculichthys taeniourus. Mullidae (Goatfishes) ...... yellow goatfish ...... Mulloidichthys spp. satmoneti/wichigh ...... yellowfin goatfish ...... Mulloidichthys vanicolensis. satmoneti (adult) ti’ao (juvenile) ... yellowstripe goatfish ...... Mulloidichthys flaviolineatus. banded goatfish ...... Parupeneus spp. satmonetiyo/failighi ...... dash-dot goatfish ...... Parupeneus barberinus. satmoneti acho/sungoongo ...... doublebar goatfish ...... Parupeneus bifasciatus. redspot goatfish ...... Parupeneus heptacanthus. satmoneti (adult) ti’ao (juvenile) ... white-lined goatfish ...... Parupeneus ciliatus. satmoneti (adult) ti’ao (juvenile) ... yellowsaddle goatfish ...... Parupeneus cyclostomas. satmoneti (adult) ti’ao (juvenile) ... side-spot goatfish ...... Parupeneus pleurostigma. satmoneti (adult) ti’ao (juvenile) ... multi-barred goatfish ...... Parupeneus multifaciatus. band tail goatfish ...... Upeneus arge. Mugilidae (Mullets) ...... laiguan (adult) Agues (juvenile) .... striped mullet ...... Mugil cephalus. laiguan (adult) Agues (juvenile) .... Engel’s mullet ...... Moolgarda engeli. laiguan (adult) Agues (juvenile) .... fringelip mullet ...... Crenimugil crenilabis. Muraenidae (Moray eels) ...... yellowmargin moray eel ...... Gymnothorax flavimarginatus. giant moray eel ...... Gymnothorax javanicus. undulated moray eel ...... Gymnothorax undulatus. Octopodidae (Octopus) ...... gamsun ...... octopus ...... Octopus cyanea. gamsun ...... octopus ...... Octopus ornatus. Polynemidae ...... threadfin ...... Polydactylus sexfilis. Pricanthidae (Bigeye) ...... glasseye ...... Heteropriacanthus cruentatus. Bigeye ...... Priacanthus hamrur. Scaridae (Parrotfishes) ...... atuhong/roow ...... humphead parrotfish ...... Bolbometopon muricatum. palakse (sm.) laggua (lg.) ...... parrotfish ...... Scarus spp. gualafi/oscha ...... Pacific longnose parrotfish ...... Hipposcarus longiceps. palaksin chaguan ...... stareye parrotfish ...... Calotomus carolinus. Scombridae ...... White tuna/ayul ...... dogtooth tuna ...... Gymnosarda unicolor. Siganidae (Rabbitfish) ...... hiting/manahok/llegh ...... forktail rabbitfish ...... Siganus aregentus. hiting ...... golden rabbitfish ...... Siganus guttatus. hiting galagu ...... gold-spot rabbitfish ...... Siganus punctatissimus. Randall’s rabbitfish ...... Siganus randalli. hiting/sesyon/palawa ...... scribbled rabbitfish ...... Siganus spinus. hiting ...... vermiculate rabbitfish ...... Siganus vermiculatus. Sphyraenidae (Barracuda) ...... Heller’s barracuda ...... Sphyraena helleri. great barracuda ...... Sphyraena barracuda. Turbinidae (turban/green snails) .... aliling pulan/aliling tulompu ...... green snails ...... Turbo spp. turban shells.

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Mariana Potentially Harvested Coral Reef Taxa:

English common name Scientific name

Wrasses (Those species not listed as Currently Harvested Coral Reef Labridae. Taxa or CHCRT). Sharks ...... Carcharhinidae, Sphyrnidae. Rays and skates ...... Dasyatididae, Myliobatidae. Groupers (Those species not listed as CHCRT or Bottomfish Manage- Serrandiae. ment Unit Species or BMUS). Jacks and Scads (Those species not listed as CHCRT or BMUS) ...... Carangidae. Solderfishes and Squirrelfishes (Those species not listed as CHCRT) .. Holocentridae. Goatfishes (Those species not listed as CHCRT) ...... Mullidae. Surgeonfishes (Those species not listed as CHCRT) ...... Acanthuridae. Batfishes ...... Ephippidae. Monos ...... Monodactylidae. Sweetlips ...... Haemulidae. Remoras ...... Echeneidae. Tilefishes ...... Malacanthidae. Emperors (Those species not listed as CHCRT) ...... Lethrinidae. Dottybacks ...... Pseudochromidae. Prettyfins ...... Plesiopidae. Eels (Those species not listed as CHCRT) ...... Muraenidae, Chlopsidae, Congridae, Ophichthidae. Cardinalfishes ...... Apogonidae. Moorish Idols ...... Zanclidae. Trumpetfish ...... Aulostomus chinensis. Cornetfish ...... Fistularia commersoni. Butterfly fishes ...... Chaetodontidae. Angelfishes ...... Pomacanthidae. Damselfishes ...... Pomacentridae. Scorpionfishes ...... Scorpaenidae. Coral crouchers ...... Caracanthidae. Flashlightfishes ...... Anomalopidae. Herrings ...... Clupeidae. Anchovies ...... Engraulidae. Gobies ...... Gobiidae. Blennies ...... Blenniidae. Barracudas (Those species not listed as CHCRT) ...... Sphyraenidae. Snappers (Those species not listed as CHCRT or BMUS) ...... Lutjanidae. Trigger fishes (Those species not listed as CHCRT) ...... Balistidae. Rabbitfishes (Those species not listed as CHCRT) ...... Siganidae. Sandperches ...... Pinguipedidae. Dog tooth tuna ...... Gymnosarda unicolor. Rudderfishes (Those species not listed as CHCRT) ...... Kyphosidae. Flounders, Soles ...... Bothidae. Soleidae. Trunkfishes ...... Ostraciidae. Fusiliers ...... Caesionidae. Hawkfishes ...... Cirrhitidae. Frogfishes ...... Antennariidae. Pipefishes, Seahorses ...... Syngnathidae. Puffer fishes, Porcupine fishes ...... Tetradontidae. Blue corals ...... Heliopora. Organpipe corals ...... Tubipora. Ahermatypic corals ...... Azooxanthellates. Sea cucumbers, Sea urchins (Those species not listed as CHCRT) ...... Echinoderms. Mollusca. Sea snails ...... Gastropoda. Turban shells ...... Trochus spp. Sea slugs ...... Opistobranchs. Black lipped pearl oyster ...... Pinctada margaritifera. Giant clam ...... Tridacnidae. Other Clams ...... Other Bivalves. Mushroom corals ...... Fungiidae. Small and large coral polyps. Fire corals ...... Millepora. Soft corals, Gorgonians. Anemones ...... Actinaria. Soft zoanthid corals ...... Zoanthinaria. Hydrozoans, Bryzoans. Sea squirts ...... Tunicates. Sponges ...... Porifera.

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English common name Scientific name

Cephalopods. Lobsters, Shrimps/Mantis shrimps, true crabs and hermit crabs (Those Crustacea. species not listed as CMUS). Lace corals ...... Stylasteridae. Hydroid corals ...... Solanderidae. Seaweed ...... Algae. Segmented worms ...... Annelids. Live rock.

All other Mariana coral reef ecosystem MUS that are marine plants, invertebrates, and fishes that are not listed in the Mariana CHCRT table or are not Mariana bottomfish, crustacean, precious coral or western Pacific pelagic MUS.

§ 665.422 Management area. gear not specifically allowed in this permit (i.e., stored live, fresh, frozen, The Mariana coral reef management subpart. preserved; sold for food, ornamental, area consists of the U.S. EEZ around (2) Transshipment permit. A receiving research, or other use; and a description Guam and the offshore area of the CNMI vessel must be registered for use with a of the planned fishing operation, or that portion of the U.S. EEZ around transshipment permit if that vessel is including location of fishing and gear CNMI between three nautical miles used in the Mariana coral reef operation, amount and species (directed offshore and the outer boundary of the ecosystem management area to land or and incidental) expected to be harvested U.S. EEZ. The inner boundary of the transship Mariana PHCRT, or any and estimated habitat and protected management area is the seaward Mariana coral reef ecosystem MUS species impacts). boundaries of the Territory of Guam, harvested within low-use MPAs. (2) Incomplete applications. The and a line three nautical miles seaward (3) Exceptions. The following persons Regional Administrator may request from the shoreline of CNMI. The outer are not required to have a permit under from an applicant additional boundary of the management area is the this section: information necessary to make the outer boundary of the U.S. EEZ or (i) Any person issued a permit to fish determinations required under this adjacent international maritime under any FEP who incidentally catches section. An applicant will be notified of boundaries. The CNMI and Guam Mariana coral reef ecosystem MUS an incomplete application within 10 management area is divided by a line while fishing for bottomfish MUS, working days of receipt of the intersecting these two points: 148° E. crustacean MUS, western Pacific pelagic application. An incomplete application long., 12° N. lat., and 142° E. long., 16° MUS, precious coral, or seamount will not be considered until corrected N. lat. groundfish. and completed in writing. (ii) Any person fishing for Mariana (3) Issuance. (i) If an application § 665.423 Relation to other laws. CHCRT outside of an MPA, who does contains all of the required information, To ensure consistency between the not retain any incidentally caught the Regional Administrator will forward management regimes of different Mariana PHCRT. copies of the application within 30 days Federal agencies with shared (iii) Any person collecting marine to the Council, the USCG, the fishery management responsibilities of fishery organisms for scientific research as management agency of the affected resources within the Mariana coral reef described in § 665.17, or § 600.745 of state, and other interested parties who ecosystem management area, fishing for this chapter. have identified themselves to the Mariana coral reef ecosystem MUS is (b) Validity. Each permit will be valid Council, and the USFWS. not allowed within the boundary of a for fishing only in the fishery (ii) Within 60 days following receipt National Wildlife Refuge unless management area specified on the of a complete application, the Regional specifically authorized by the USFWS, permit. Administrator will consult with the (c) General requirements. General regardless of whether that refuge was Council through its Executive Director, requirements governing application established by action of the President or USFWS, and the Director of the affected information, issuance, fees, expiration, the Secretary of the Interior. state fishery management agency replacement, transfer, alteration, concerning the permit application, and § 665.424 Permits and fees. display, sanctions, and appeals for will receive their recommendations for (a) Applicability. Unless otherwise permits are contained in § 665.13. approval or disapproval of the specified in this subpart, § 665.13 (d) Special permit. The Regional application based on: applies to coral reef ecosystem permits. Administrator shall issue a special (A) Information provided by the (1) Special permit. Any person of the permit in accordance with the criteria applicant; United States fishing for, taking or and procedures specified in this section. (B) The current domestic annual retaining Mariana coral reef ecosystem (1) Application. An applicant for a harvesting and processing capacity of MUS must have a special permit if they, special or transshipment permit issued the directed and incidental species for or a vessel which they operate, is used under this section must complete, and which a special permit is being to fish for any: submit to the Regional Administrator, a requested; (i) Mariana coral reef ecosystem MUS Special Coral Reef Ecosystem Fishing (C) The current status of resources to in low-use MPAs as defined in Permit Application Form issued by be harvested in relation to the § 665.399; NMFS. Information in the application overfishing definition in the FEP; (ii) Mariana Potentially Harvested form must include, but is not limited to, (D) Estimated ecosystem, habitat, and Coral Reef Taxa in the coral reef a statement describing the objectives of protected species impacts of the ecosystem management area; or the fishing activity for which a special proposed activity; and (iii) Mariana Coral reef ecosystem permit is needed, including a general (E) Other biological and ecological MUS in the Mariana coral reef description of the expected disposition information relevant to the proposal. ecosystem management area with any of the resources harvested under the The applicant will be provided with an

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opportunity to appear in support of the (vi) The Regional Administrator may subject matter of the hearing in the application. attach conditions to the special permit, Federal Register. Such a hearing shall (iii) Following a review of the if it is granted, consistent with the normally be held no later than 30 days Council’s recommendation and management objectives of the FEP, following publication of the notice in supporting rationale, the Regional including, but not limited to: the Federal Register, unless the hearing Administrator may: (A) The maximum amount of each officer extends the time for reasons (A) Concur with the Council’s resource that can be harvested and deemed equitable. The appellant, the recommendation and, after finding that landed during the term of the special applicant (if different), and, at the it is consistent with the goals and permit, including trip limits, where discretion of the hearing officer, other objectives of the FEP, the national appropriate. interested parties, may appear standards, the Endangered Species Act, (B) The times and places where personally and/or be represented by and other applicable laws, approve or fishing may be conducted. counsel at the hearing and submit deny a special permit; or (C) The type, size, and amount of gear information and present arguments as (B) Reject the Council’s which may be used by each vessel determined appropriate by the hearing recommendation, in which case, written operated under the special permit. officer. Within 30 days of the last day reasons will be provided by the (D) Data reporting requirements. of the hearing, the hearing officer shall (E) Such other conditions as may be Regional Administrator to the Council recommend in writing a decision to the necessary to ensure compliance with the for the rejection. Regional Administrator. (iv) If the Regional Administrator does purposes of the special permit (iv) The Regional Administrator may not receive a recommendation from the consistent with the objectives of the adopt the hearing officer’s Council within 60 days of Council FEP. recommended decision, in whole or in (4) Appeals of permit actions. receipt of the permit application, the part, or may reject or modify it. In any Regional Administrator can make a (i) Except as provided in subpart D of 15 CFR part 904, any applicant for a event, the Regional Administrator will determination of approval or denial notify interested persons of the independently. permit or a permit holder may appeal the granting, denial, conditioning, or decision, and the reason(s) therefore, in (v) Within 30 working days after the writing, within 30 days of receipt of the consultation in paragraph (d)(3)(ii) of suspension of their permit or a permit affecting their interests to the Regional hearing officer’s recommended decision. this section, or as soon as practicable The Regional Administrator’s action thereafter, NMFS will notify the Administrator. In order to be considered by the Regional Administrator, such constitutes final action for the agency applicant in writing of the decision to for the purposes of the Administrative grant or deny the special permit and, if appeal must be in writing, must state the action(s) appealed, and the reasons Procedure Act. denied, the reasons for the denial. (5) The Regional Administrator may therefore, and must be submitted within Grounds for denial of a special permit extend, for good cause, any time limit 30 days of the original action(s) by the include the following: prescribed in this section for a period Regional Administrator. The appellant (A) The applicant has failed to not to exceed 30 days, either upon his may request an informal hearing on the disclose material information required, or her own motion or upon written or has made false statements as to any appeal. (ii) Upon receipt of an appeal request from the Council, appellant or material fact, in connection with his or applicant stating the reason(s) therefore. her application. authorized by this section, the Regional (B) According to the best scientific Administrator will notify the permit § 665.425 Prohibitions. information available, the directed or applicant, or permit holder as In addition to the general prohibitions incidental catch in the season or appropriate, and will request such specified in § 600.725 of this chapter location specified under the permit additional information and in such form and § 665.15 of this part, it is unlawful would detrimentally affect any coral as will allow action upon the appeal. for any person to do any of the reef resource or coral reef ecosystem in Upon receipt of sufficient information, following: a significant way, including, but not the Regional Administrator will rule on (a) Fish for, take, retain, possess or limited to, issues related to spawning the appeal in accordance with the land any Mariana coral reef ecosystem grounds or seasons, protected species permit eligibility criteria set forth in this MUS in any low-use MPA as defined in interactions, EFH, and habitat areas of section and the FEP, as appropriate, § 665.399 unless: particular concern (HAPC). based upon information relative to the (1) A valid permit has been issued for (C) Issuance of the special permit application on file at NMFS and the the hand harvester or the fishing vessel would inequitably allocate fishing Council and any additional information, operator that specifies the applicable privileges among domestic fishermen or the summary record kept of any hearing area of harvest; would have economic allocation as its and the hearing officer’s recommended (2) A permit is not required, as sole purpose. decision, if any, and such other outlined in § 665.424 of this part; or (D) The method or amount of harvest considerations as deemed appropriate. (3) The Mariana coral reef ecosystem in the season and/or location stated on The Regional Administrator will notify MUS possessed on board the vessel the permit is considered inappropriate all interested persons of the decision, originated outside the management area based on previous human or natural and the reasons therefore, in writing, and this can be demonstrated through impacts in the given area. normally within 30 days of the receipt receipts of purchase, invoices, fishing (E) NMFS has determined that the of sufficient information, unless logbooks or other documentation. maximum number of permits for a given additional time is needed for a hearing. (b) Fish for, take, or retain any area in a given season has been reached (iii) If a hearing is requested, or if the Mariana coral reef ecosystem MUS and allocating additional permits in the Regional Administrator determines that species: same area would be detrimental to the one is appropriate, the Regional (1) That is determined overfished resource. Administrator may grant an informal with subsequent rulemaking by the (F) The activity proposed under the hearing before a hearing officer Regional Administrator. special permit would create a significant designated for that purpose after first (2) By means of gear or methods enforcement problem. giving notice of the time, place, and prohibited under § 665.427.

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(3) In a low-use MPA without a valid (9) Hook-and-line (includes handline coral reef ecosystem MUS in the special permit. (powered or not), rod-and-reel, and management area. (4) In violation of any permit issued trolling); (b) Enforcement action. (1) Traps not under §§ 665.13 or 665.424. (10) Crab and fish traps with vessel ID marked in compliance with paragraph (c) Fish for, take, or retain any wild number affixed; and (a) of this section and found deployed live rock or live hard coral except under (11) Remote-operating vehicles/ in the coral reef ecosystem management a valid special permit for scientific submersibles. area will be considered unclaimed or research, aquaculture seed stock (b) Mariana coral reef ecosystem MUS abandoned property, and may be collection or traditional and ceremonial may not be taken by means of poisons, disposed of in any manner considered purposes by indigenous people. explosives, or intoxicating substances. appropriate by NMFS or an authorized Possession or use of these materials by § 665.426 Notifications. officer. any permit holder under this subpart Any special permit holder subject to who is established to be fishing for (2) Unattended surround nets or bait the requirements of this subpart must Mariana coral reef ecosystem MUS in seine nets found deployed in the coral contact the appropriate NMFS the management area is prohibited. reef ecosystem management area will be enforcement agent in American Samoa, (c) Existing FEP fisheries shall follow considered unclaimed or abandoned Guam, or Hawaii at least 24 hours before the allowable gear and methods property, and may be disposed of in any landing any Mariana coral reef outlined in their respective plans. manner considered appropriate by ecosystem MUS unit species harvested (d) Any person who intends to fish NMFS or an authorized officer. under a special permit, and report the with new gear not included in this §§ 665.429–665.439 [Reserved] port and the approximate date and time section must describe the new gear and at which the catch will be landed. its method of deployment in the special § 665.440 Mariana crustacean fisheries. § 665.427 Allowable gear and gear permit application. A decision on the [Reserved] permissibility of this gear type will be restrictions. § 665.441 Definitions. (a) Mariana coral reef ecosystem MUS made by the Regional Administrator may be taken only with the following after consultation with the Council and As used in §§ 665.440 through allowable gear and methods: the director of the affected state fishery 665.459: (1) Hand harvest; management agency. Crustacean Permit Area 5 (Permit (2) Spear; § 665.428 Gear identification. Area 5) means the EEZ around Guam (3) Slurp gun; (a) The vessel number must be affixed and the EEZ seaward of points 3 (4) Hand net/dip net; nautical miles from the shoreline of the (5) Hoop net for Kona crab; to all fish and crab traps on board the CNMI. (6) Throw net; vessel or deployed in the water by any (7) Barrier net; vessel or person holding a permit under Mariana crustacean management unit (8) Surround/purse net that is §§ 665.13 or 665.424 or that is otherwise species means the following attended at all times; established to be fishing for Mariana crustaceans:

Local name English common name Scientific name

Mahonggang ...... spiny lobster ...... Panulirus marginatus, Panulirus penicillatus. pa’pangpang ...... slipper lobster ...... Scyllaridae. Kona crab ...... Ranina ranina. deepwater shrimp ...... Heterocarpus spp.

§ 665.442 Permits. supplementary information sheet (2) Report, not less than 6 hours and (a) Applicability. (1) The owner of any obtained from PIRO and contain the not more than 12 hours before vessel used to fish for lobster in Permit names and mailing addresses of all offloading, the location and time that Area 3 must have a permit issued for partners or shareholders and their offloading of spiny and slipper lobsters such a vessel. respective percentage of ownership in will begin. the partnership or corporation. (2) The owner of any vessel used to (b) The Regional Administrator will fish for deepwater shrimp in Crustacean § 665.443 Prohibitions. notify permit holders of any change in Permit Area 5 must have a permit issued In addition to the general prohibitions the reporting method and schedule for that vessel. specified in § 600.725 of this chapter required in paragraphs (a)(1) and (2) of (b) General requirements. General and § 665.15, it is unlawful for any this section at least 30 days prior to the requirements governing application person in Crustacean Permit Area 5 to opening of the fishing season. information, issuance, fees, expiration, fish for, take, or retain deepwater replacement, transfer, alteration, shrimp without a permit issued under § 665.445 At-sea observer coverage. display, sanctions, and appeals for § 665.442. permits issued under this section, as All fishing vessels subject to applicable, are contained in § 665.13. § 665.444 Notifications. §§ 665.440 through 665.445 and subpart (c) Application. An application for a (a) The operator of any vessel subject A of this part must carry an observer permit required under this section shall to the requirements of this subpart must: when requested to do so by the Regional be submitted to PIRO as described in (1) Report, not less than 24 hours, but Administrator. § 665.13. If the application for a limited not more than 36 hours, before landing, access permit is submitted on behalf of the port, the approximate date and the a partnership or corporation, the approximate time at which spiny and application must be accompanied by a slipper lobsters will be landed.

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§§ 665.446–665.459 [Reserved] genus Corallium in addition to the § 665.460 Mariana precious coral fisheries following species of corals: [Reserved]. § 665.461 Definitions. Mariana precious coral management unit species means any coral of the

English common name Scientific name

Pink coral (also known as red coral) ...... Corallium secundum, Corallium regale, Corallium laauense. Gold coral ...... Gerardia spp., Callogorgia gilberti, Narella spp., Calyptrophora spp. Bamboo coral ...... Lepidisis olapa, Acanella spp. Black coral ...... Antipathes dichotoma, Antipathes grandis, Antipathes ulex.

Mariana precious coral permit area and in § 665.15, it is unlawful for any (b) Black coral. Live black coral means the area encompassing the person to: harvested from any precious coral precious coral beds within the EEZ (a) Use any vessel to fish for, take, permit area must have attained either a around the Mariana Archipelago. Each retain, possess or land Mariana precious minimum stem diameter of 1 inch (2.54 bed is designated by a permit area code coral MUS in any Mariana precious cm), or a minimum height of 48 inches and assigned to one of the following coral permit area, unless a permit has (122 cm). four categories: been issued for that vessel and area as (1) Established beds. [Reserved] specified in § 665.13 and that permit is § 665.466 Closures. (2) Conditional beds. [Reserved] on board the vessel. (a) If the Regional Administrator (3) Refugia. [Reserved] (b) Fish for, take, or retain any species determines that the harvest quota for (4) Exploratory Area. of Mariana precious coral MUS in any any coral bed will be reached prior to (i) Permit Area X–P–G includes all Mariana precious coral permit area: the end of the fishing year, NMFS shall coral beds, other than established beds, (1) By means of gear or methods publish a notice to that effect in the conditional beds, or refugia, in the EEZ prohibited by § 665.464. Federal Register and shall use other seaward of Guam. (2) In refugia specified in § 665.461. means to notify permit holders. Any (ii) Permit Area X–P–CNMI includes (3) In a bed for which the quota such notice must indicate the reason for all coral beds, other than established specified in § 665.467 has been attained. the closure, the bed being closed, and beds, conditional beds, or refugia, in the (4) In violation of any permit issued the effective date of the closure. EEZ seaward of points 3 nautical miles under §§ 665.13 or 665.17. from the shoreline of the CNMI. (5) In a bed that has been closed (b) A closure is also effective for a pursuant to §§ 665.466 or 665.469. permit holder upon the permit holder’s § 665.462 Permits. (c) Take and retain, possess, or land actual harvest of the applicable quota. (a) Any vessel of the United States any live pink coral or live black coral § 665.467 Quotas. fishing for, taking, or retaining Mariana from any precious coral permit area that precious coral MUS in any Mariana is less than the minimum height (a) General. The quotas limiting the Archipelago precious coral permit area specified in § 665.465 unless: (1) A valid amount of precious coral that may be must have a permit issued under EFP was issued under § 665.17 for the taken in any precious coral permit area § 665.13. vessel and the vessel was operating during the fishing year are listed in (b) Each permit will be valid for under the terms of the permit; or § 665.467(d). Only live coral is counted fishing only in the permit area specified (2) The coral originated outside coral toward the quota. The accounting on the permit. Precious Coral Permit beds listed in this paragraph, and this period for all quotas begins July 1, 1983. Areas are defined in § 665.461. can be demonstrated through receipts of (b) Conditional bed closure. A (c) No more than one permit will be purchase, invoices, or other conditional bed will be closed to all valid for any one vessel at any one time. documentation. nonselective coral harvesting after the (d) No more than one permit will be quota for one species of coral has been valid for any one person at any one § 665.464 Gear restrictions. taken. time. Only selective gear may be used to (c) Reserves and reserve release. The (e) The holder of a valid permit to fish harvest coral from any precious coral quotas for exploratory areas X–P–G and one permit area may obtain a permit to permit area. X–P–CNMI will be held in reserve for fish another permit area only upon § 665.465 Size restrictions. harvest by vessels of the United States surrendering to the Regional in the following manner: Administrator any current permit for the The height of a live coral specimen (1) At the start of the fishing year, the precious coral fishery issued under shall be determined by a straight line reserve for the Guam and CNMI § 665.13. measurement taken from its base to its (f) General requirements governing most distal extremity. The stem exploratory areas will equal the quota application information, issuance, fees, diameter of a living coral specimen shall minus the estimated domestic annual expiration, replacement, transfer, be determined by measuring the greatest harvest for that year. alteration, display, sanctions, and diameter of the stem at a point no less (2) As soon as practicable after appeals for permits for the precious than 1 inch (2.54 cm) from the top December 31 each year, the Regional coral fishery are contained in § 665.13. surface of the living holdfast. Administrator will determine the (a) Live pink coral harvested from any amount harvested by vessels of the § 665.463 Prohibitions. precious coral permit area must have United States between July 1 and In addition to the general prohibitions attained a minimum height of 10 inches December 31 of the year that just ended specified in § 600.725 of this chapter (25.4 cm). on December 31.

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(3) NMFS will release to TALFF an Subpart E—Pacific Remote Island Area Ocean Survey Chart Numbers 83116 and amount of precious coral for each Fisheries 83153. exploratory area equal to the quota (b) Low-use MPAs. The following U.S. minus two times the amount harvested § 665.598 Management area. EEZ waters in the Western Pacific by vessels of the United States in that The PRIA fishery management area is Region are low-use MPAs: All waters July 1–December 31 period. the EEZ seaward of Palmyra Atoll, between the shoreline and the 50 fm (4) NMFS will publish in the Federal Kingman Reef, Jarvis Island, Baker (91.5 m) curve around Johnston Atoll, Register a notification of the Regional Island, Howland Island, Johnston Atoll, Palmyra Atoll, and Wake Island as Administrator’s determination and a and Wake Island, Pacific Remote Island depicted on National Ocean Survey summary of the information on which it Areas with the inner boundary a line Chart Numbers 83637, 83157 and 81664. is based as soon as practicable after the coterminous with the seaward determination is made. § 665.600 PRIA bottomfish fisheries boundaries of the above atolls, reefs and [Reserved]. (d) The Guam and CNMI exploratory islands PRIA and the outer boundary a permit areas, X–P–GU and X–P–CNMI, line drawn in such a manner that each § 665.601 Definitions. each have annual quotas of 1,000 kg for point on it is 200 nautical miles from As used in §§ 665.600 through all precious coral MUS combined with the baseline from which the territorial 665.619: the exception of black corals. sea is measured, or is coterminous with PRIA bottomfish fishing permit means § 665.468 Seasons. adjacent international maritime the permit required by § 665.603 to use The fishing year for precious coral boundaries. a vessel to fish for PRIA bottomfish MUS in the EEZ around the PRIA, or to begins on July 1 and ends on June 30 the § 665.599 Area restrictions. following year. land bottomfish MUS shoreward of the (a) Fishing is prohibited in all no-take outer boundary of the EEZ around the § 665.469 Gold coral harvest moratorium. MPAs. The following U.S. EEZ waters PRIA, with the exception of EEZ waters Fishing for, taking, or retaining any are no-take MPAs: Landward of the 50 around Midway Atoll. gold coral in any precious coral permit fathom (fm) (91.5 m) curve at Jarvis, PRIA bottomfish management unit area is prohibited through June 30, Howland, and Baker Islands, and species (PRIA bottomfish MUS) means 2013. Kingman Reef; as depicted on National the following fish:

English common name Scientific name

Silver jaw jobfish ...... Aphareus rutilans. Giant trevally ...... Caranx ignobilis. Black jack ...... Caranx lugubris. Blacktip grouper ...... Epinephelus fasciatus. Sea bass ...... Epinephelus quernus. Red snapper ...... Etelis carbunculus. Longtail snapper ...... Etelis coruscans. Redgill emperor ...... Lethrinus rubrioperculatus. Yellowtail snapper ...... Pristipomoides auricilla. Pink snapper ...... Pristipomoides filamentosus. Pink snapper ...... Pristipomoides seiboldii. Lunartail, lyretail grouper ...... Variola louti.

§ 665.602 [Reserved] PRIA without the appropriate permit explosives, or intoxicating substances registered for use with that vessel issued for the purpose of harvesting PRIA § 665.603 Permits. under § 665.13. bottomfish is prohibited. (a) Applicability. PRIA. The owner of (c) Falsify or fail to make or file all any vessel used to fish for, land, or § 665.606 At-sea observer coverage. reports of PRIA bottomfish MUS transship PRIA bottomfish MUS landings taken in the PRIA, containing All fishing vessels subject to shoreward of the outer boundary of the all data in the exact manner, as §§ 665.600 through 665.606 must carry PRIA subarea must have a permit issued specified in § 665.14(b). an observer when directed to do so by under this section, and the permit must the Regional Administrator. be registered for use with that vessel. § 665.605 Gear restrictions. (b) Submission. An application for a (a) Bottom trawls and bottom set §§ 665.607–665.619 [Reserved] permit required under this section must gillnets. Fishing for PRIA bottomfish be submitted to PIRO as described in § 665.620 PRIA coral reef ecosystem MUS with bottom trawls and bottom set fisheries [Reserved]. § 665.13. gillnets is prohibited. § 665.621 Definitions. § 665.604 Prohibitions. (b) Possession of gear. Possession of a In addition to the general prohibitions bottom trawl and bottom set gillnet by As used in §§ 665.620 through specified in § 600.725 of this chapter any vessel having a permit under 665.639: and § 665.16, it is unlawful for any § 665.603 or otherwise established to be PRIA coral reef ecosystem person to do any of the following: fishing for PRIA bottomfish MUS in the management unit species (PRIA coral (a) Fish for PRIA bottomfish MUS PRIA fishery management area is reef ecosystem MUS) means all of the using gear prohibited under § 665.605. prohibited. Currently Harvested Coral Reef Taxa (b) Fish for, or retain on board a (c) Poisons and explosives. The and Potentially Harvested Coral Reef vessel, PRIA bottomfish MUS in the possession or use of any poisons, Taxa listed in this section and which

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spend the majority of their non-pelagic waters less than or equal to 50 fathoms PRIA Currently Harvested Coral Reef (post-settlement) life stages within in total depth. Taxa:

Family name English common name Scientific name

Acanthuridae (Surgeonfishes) orange-spot ...... Acanthurus olivaceus. surgeonfish. yellowfin surgeonfish ...... Acanthurus xanthopterus. convict tang ...... Acanthurus triostegus. eye-striped surgeonfish ...... Acanthurus dussumieri. blue-lined surgeon ...... Acanthurus nigroris. Whitebar surgeonfish ...... Acanthurus leucopareius. blue-banded surgeonfish ...... Acanthurus lineatus. blackstreak surgeonfish ...... Acanthurus nigricauda. whitecheek surgeonfish ...... Acanthurus nigricans. white-spotted surgeonfish ...... Acanthurus guttatus. Ringtail surgeonfish ...... Acanthurus blochii. brown surgeonfish ...... Acanthurus nigrofuscus. yellow-eyed surgeonfish ...... Ctenochaetus strigosus. striped bristletooth ...... Ctenochaetus striatus. twospot bristletooth ...... Ctenochaetus binotatus. Yellow tang ...... Zebrasoma flavescens. bluespine unicornfish ...... Naso unicornus. orangespine unicornfish ...... Naso lituratus. black tongue unicornfish ...... Naso hexacanthus. bignose unicornfish ...... Naso vlamingii. whitemargin unicornfish ...... Naso annulatus. spotted unicornfish ...... Naso brevirostris. Labridae (Wrasses) ...... Napoleon wrasse ...... Cheilinus undulatus. Triple-tail wrasse ...... Cheilinus trilobatus. Floral wrasse ...... Cheilinus chlorourus. ring-tailed wrasse ...... Oxycheilinus unifasciatus. bandcheek wrasse ...... Oxycheilinus diagrammus. Barred thicklip ...... Hemigymnus fasciatus. three-spot wrasse ...... Halichoeres trimaculatus. red ribbon wrasse ...... Thalassoma quinquevittatum. Sunset wrasse ...... Thalassoma lutescens. Mullidae (Goatfishes) ...... Yellow goatfish ...... Mulloidichthys. spp. Orange goatfish ...... Mulloidichthys pfleugeri. yellowstripe goatfish ...... Mulloidichthys flavolineatus. Banded goatfish ...... Parupeneus. spp. Mullidae (Goatfishes) ...... dash-dot goatfish ...... Parupeneus barberinus. yellowsaddle goatfish ...... Parupeneus cyclostomas. multi-barred goatfish ...... Parupeneus multifaciatus. bantail goatfish ...... Upeneus arge. Mugilidae (Mullets) ...... fringelip mullet ...... Crenimugil crenilabis. engel’s mullet ...... Moolgarda engeli. false mullet ...... Neomyxus leuciscus. Muraenidae (Moray eels) ...... yellowmargin moray eel ...... Gymnothorax flavimarginatus. giant moray eel ...... Gymnothorax javanicus. undulated moray eel ...... Gymnothorax undulatus. Octopodidae ...... Octopus ...... Octopus cyanea. Octopus ...... Octopus ornatus. Pricanthidae (Bigeye) ...... Glasseye ...... Heteropriacanthus cruentatus. Scaridae (Parrotfishes) ...... Humphead parrotfish ...... Bolbometopon muricatum. parrotfish ...... Scarus. spp. pacific longnose parrotfish ...... Hipposcarus longiceps. stareye parrotfish ...... Calotomus carolinus. Scombridae ...... Dogtooth tuna ...... Gymnosarda unicolor. Sphyraenidae (Barracuda) ...... great barracuda ...... Sphyraena barracuda.

PRIA Potentially Harvested Coral Reef Taxa:

English common name Scientific name

wrasses (Those species not listed as CHCRT) ...... Labridae. sharks (Those species not listed as CHCRT) ...... Carcharhinidae, Sphyrnidae. rays and skates ...... Myliobatidae, Mobulidae. groupers (Those species not listed as CHCRT or as BMUS) ...... Serrandiae. jacks and scads (Those species not listed as CHCRT or as BMUS) ..... Carangidae. solderfishes and squirrelfishes (Those species not listed as CHCRT) ... Holocentridae. goatfishes (Those species not listed as CHCRT) ...... Mullidae.

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English common name Scientific name

Batfishes ...... Ephippidae. Sweetlips ...... Haemulidae. Remoras ...... Echeneidae. Tilefishes ...... Malacanthidae. Dottybacks ...... Pseudochromidae. Prettyfins ...... Plesiopidae. surgeonfishes (Those species not listed as CHCRT) ...... Acanthuridae. emperors (Those species not listed as CHCRT or as BMUS) ...... Lethrinidae. Herrings ...... Clupeidae. Gobies ...... Gobiidae. snappers (Those species not listed as CHCRT or as BMUS) ...... Lutjanidae. trigger fishes (Those species not listed as CHCRT) ...... Balistidae. rabbitfishes (Those species not listed as CHCRT) ...... Siganidae. eels (Those species not listed as CHCRT) ...... Muraenidae, Chlopsidae, Congridae, Ophichthidae. Cardinalfishes ...... Apogonidae. moorish idols ...... Zanclidae. butterfly fishes ...... Chaetodontidae. Angelfishes ...... Pomacanthidae. Damselfishes ...... Pomacentridae. Scorpionfishes ...... Scorpaenidae. Blennies ...... Blenniidae. barracudas (Those species not listed as CHCRT) ...... Sphyraenidae. Sandperches ...... Pinguipedidae. rudderfishes (Those species not listed as CHCRT) ...... Kyphosidae. Fusiliers ...... Caesionidae. hawkfishes (Those species not listed as CHCRT) ...... Cirrhitidae. Frogfishes ...... Antennariidae. pipefishes, seahorses ...... Syngnathidae. flounders, soles ...... Bothidae. Trunkfishes ...... Ostraciidae. puffer fishes, porcupine fishes ...... Tetradontidae. Trumpetfish ...... Aulostomus chinensis. Cornetfish ...... Fistularia commersoni. blue corals ...... Heliopora. organpipe corals ...... Tubipora. ahermatypic corals ...... Azooxanthellates. mushroom corals ...... Fungiidae. small and large coral polyps ...... fire corals ...... Millepora. soft corals, gorgonians ...... Anemones ...... Actinaria. soft zoanthid corals ...... Zoanthinaria. Hydrozoans, Bryzoans. sea squirts ...... Tunicates. sea cucumbers and sea urchins ...... Echinoderms. Those species not listed as CHCRT ...... Mollusca. sea snails ...... Gastropoda. Trochus. sea slugs ...... Opistobranchs. black lipped pearl oyster ...... Pinctada margaritifera. giant clam ...... Tridacnidae. other clams ...... Other Bivalves. Cephalopods. lobsters, shrimps/mantis shrimps, true crabs and hermit crabs ...... Crustaceans. (Those species not listed as CMUS) ...... Sponges ...... Porifera. lace corals ...... Stylasteridae. hydroid corals ...... Solanderidae. segmented worms ...... Annelids. Seaweed ...... Algae. Live rock.

All other PRIA coral reef ecosystem MUS that are marine plants, invertebrates, and fishes that are not listed in the PRIA CHCRT table or are not PRIA bottomfish, crustacean, precious coral, or western Pacific pelagic MUS.

§ 665.622 [Reserved] management responsibilities of fishery authorized by the USFWS, regardless of resources within the PRIA fishery whether that refuge was established by § 665.623 Relation to other laws. management area, fishing for PRIA coral action of the President or the Secretary To ensure consistency between the reef ecosystem MUS is not allowed of the Interior. management regimes of different within the boundary of a National Federal agencies with shared Wildlife Refuge unless specifically

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§ 665.624 Permits and fees. description of the expected disposition and other applicable laws, approve or (a) Applicability. Unless otherwise of the resources harvested under the deny a special permit; or specified in this subpart, § 665.13 permit (i.e., stored live, fresh, frozen, (B) Reject the Council’s applies to coral reef ecosystem permits. preserved; sold for food, ornamental, recommendation, in which case, written (1) Special permit. Any person of the research, or other use; and a description reasons will be provided by the United States fishing for, taking or of the planned fishing operation, Regional Administrator to the Council retaining PRIA coral reef ecosystem including location of fishing and gear for the rejection. MUS must have a special permit if they, operation, amount and species (directed (iv) If the Regional Administrator does or a vessel which they operate, is used and incidental) expected to be harvested not receive a recommendation from the to fish for any: and estimated habitat and protected Council within 60 days of Council (i) PRIA Coral reef ecosystem MUS in species impacts). receipt of the permit application, the low-use MPAs as defined in § 665.599; (2) Incomplete applications. The Regional Administrator can make a (ii) PRIA Potentially Harvested Coral Regional Administrator may request determination of approval or denial Reef Taxa in the PRIA coral reef from an applicant additional independently. ecosystem management area; or information necessary to make the (v) Within 30 working days after the (iii) PRIA Coral reef ecosystem MUS determinations required under this consultation in paragraph (d)(3)(ii) of in the PRIA coral reef ecosystem section. An applicant will be notified of this section, or as soon as practicable management area with any gear not an incomplete application within 10 thereafter, NMFS will notify the specifically allowed in this subpart. working days of receipt of the applicant in writing of the decision to (2) Transshipment permit. A receiving application. An incomplete application grant or deny the special permit and, if vessel must be registered for use with a will not be considered until corrected denied, the reasons for the denial. transshipment permit if that vessel is and completed in writing. Grounds for denial of a special permit used in the PRIA coral reef ecosystem (3) Issuance. (i) If an application include the following: management area to land or transship contains all of the required information, (A) The applicant has failed to PRIA PHCRT, or any PRIA coral reef the Regional Administrator will forward disclose material information required, ecosystem MUS harvested within low- copies of the application within 30 days or has made false statements as to any use MPAs. to the Council, the USCG, the fishery material fact, in connection with his or (3) Exceptions. The following persons management agency of the affected her application. are not required to have a permit under state, and other interested parties who (B) According to the best scientific this section: have identified themselves to the information available, the directed or (i) Any person issued a permit to fish Council, and the USFWS. incidental catch in the season or under any FEP who incidentally catches (ii) Within 60 days following receipt location specified under the permit PRIA coral reef ecosystem MUS while of a complete application, the Regional would detrimentally affect any coral fishing for bottomfish MUS, crustacean Administrator will consult with the reef resource or coral reef ecosystem in MUS, western Pacific pelagic MUS, Council through its Executive Director, a significant way, including, but not precious coral, or seamount groundfish. (ii) Any person fishing for PRIA USFWS, and the Director of the affected limited to issues related to, spawning CHCRT outside of an MPA, who does state fishery management agency grounds or seasons, protected species not retain any incidentally caught PRIA concerning the permit application and interactions, EFH, and habitat areas of PHCRT. will receive their recommendations for particular concern (HAPC). (iii) Any person collecting marine approval or disapproval of the (C) Issuance of the special permit organisms for scientific research as application based on: would inequitably allocate fishing described in § 665.17, or § 600.745 of (A) Information provided by the privileges among domestic fishermen or this chapter. applicant; would have economic allocation as its (b) Validity. Each permit will be valid (B) The current domestic annual sole purpose. for fishing only in the fishery harvesting and processing capacity of (D) The method or amount of harvest management area specified on the the directed and incidental species for in the season and/or location stated on permit. which a special permit is being the permit is considered inappropriate (c) General requirements. General requested; based on previous human or natural requirements governing application (C) The current status of resources to impacts in the given area. information, issuance, fees, expiration, be harvested in relation to the (E) NMFS has determined that the replacement, transfer, alteration, overfishing definition in the FEP; maximum number of permits for a given display, sanctions, and appeals for (D) Estimated ecosystem, habitat, and area in a given season has been reached permits are contained in § 665.13. protected species impacts of the and allocating additional permits in the (d) Special permit. The Regional proposed activity; and same area would be detrimental to the Administrator shall issue a special (E) Other biological and ecological resource. permit in accordance with the criteria information relevant to the proposal. (F) The activity proposed under the and procedures specified in this section. The applicant will be provided with an special permit would create a significant (1) Application. An applicant for a opportunity to appear in support of the enforcement problem. special or transshipment permit issued application. (vi) The Regional Administrator may under this section must complete and (iii) Following a review of the attach conditions to the special permit, submit to the Regional Administrator a Council’s recommendation and if it is granted, consistent with the Special Coral Reef Ecosystem Fishing supporting rationale, the Regional management objectives of the FEP, Permit Application Form issued by Administrator may: including but not limited to: NMFS. Information in the application (A) Concur with the Council’s (A) The maximum amount of each form must include, but is not limited to, recommendation and, after finding that resource that can be harvested and a statement describing the objectives of it is consistent with the goals and landed during the term of the special the fishing activity for which a special objectives of the FEP, the national permit, including trip limits, where permit is needed, including a general standards, the Endangered Species Act, appropriate.

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(B) The times and places where personally and/or be represented by § 665.626 Notifications. fishing may be conducted. counsel at the hearing and submit Any special permit holder subject to (C) The type, size, and amount of gear information and present arguments as the requirements of this subpart must which may be used by each vessel determined appropriate by the hearing contact the appropriate NMFS operated under the special permit. officer. Within 30 days of the last day enforcement agent in American Samoa, (D) Data reporting requirements. of the hearing, the hearing officer shall Guam, or Hawaii at least 24 hours before (E) Such other conditions as may be recommend in writing a decision to the landing any PRIA coral reef ecosystem necessary to ensure compliance with the Regional Administrator. MUS unit species harvested under a purposes of the special permit (iv) The Regional Administrator may special permit, and report the port and consistent with the objectives of the adopt the hearing officer’s the approximate date and time at which FEP. recommended decision, in whole or in the catch will be landed. (4) Appeals of permit actions. part, or may reject or modify it. In any (i) Except as provided in subpart D of § 665.627 Allowable gear and gear event, the Regional Administrator shall 15 CFR part 904, any applicant for a restrictions. notify interested persons of the permit or a permit holder may appeal (a) Coral reef ecosystem MUS may be the granting, denial, conditioning, or decision, and the reason(s) therefore, in writing, within 30 days of receipt of the taken only with the following allowable suspension of their permit or a permit gear and methods: affecting their interests to the Regional hearing officer’s recommended decision. The Regional Administrator’s action (1) Hand harvest; Administrator. In order to be considered (2) Spear; by the Regional Administrator, such constitutes final action for the agency for the purposes of the Administrative (3) Slurp gun; appeal must be in writing, must state (4) Hand net/dip net; Procedure Act. the action(s) appealed, and the reasons (5) Hoop net for Kona crab; therefore, and must be submitted within (5) The Regional Administrator may, (6) Throw net; 30 days of the original action(s) by the for good cause, extend any time limit (7) Barrier net; Regional Administrator. The appellant prescribed in this section for a period (8) Surround/purse net that is may request an informal hearing on the not to exceed 30 days, either upon his attended at all times; appeal. or her own motion or upon written (9) Hook-and-line (includes handline (ii) Upon receipt of an appeal request from the Council, appellant or (powered or not), rod-and-reel, and authorized by this section, the Regional applicant stating the reason(s) therefore. trolling); Administrator will notify the permit § 665.625 Prohibitions. (10) Crab and fish traps with vessel ID applicant, or permit holder as number affixed; and appropriate, and will request such In addition to the general prohibitions (11) Remote-operating vehicles/ additional information and in such form specified in § 600.725 of this chapter submersibles. as will allow action upon the appeal. and § 665.15, it is unlawful for any (b) PRIA coral reef ecosystem MUS Upon receipt of sufficient information, person to do any of the following: may not be taken by means of poisons, the Regional Administrator will rule on (a) Fish for, take, retain, possess or explosives, or intoxicating substances. the appeal in accordance with the land any PRIA coral reef ecosystem Possession or use of these materials by permit eligibility criteria set forth in this MUS in any low-use MPA as defined in any permit holder under this subpart section and the FEP, as appropriate, § 665.599 unless: who is established to be fishing for coral based upon information relative to the (1) A valid permit has been issued for reef ecosystem MUS in the management application on file at NMFS and the the hand harvester or the fishing vessel area is prohibited. Council and any additional information, operator that specifies the applicable (c) PRIA coral reef ecosystem MUS the summary record kept of any hearing area of harvest; may not be taken by means of and the hearing officer’s recommended (2) A permit is not required, as spearfishing with SCUBA at night (from decision, if any, and such other outlined in § 665.624; 6 p.m. to 6 a.m.) in the U.S. EEZ waters considerations as deemed appropriate. (3) The PRIA coral reef ecosystem around Howland Island, Baker Island, The Regional Administrator will notify MUS possessed on board the vessel Jarvis Island, Wake Island, Kingman all interested persons of the decision, originated outside the management area Reef, Johnston Atoll and Palmyra Atoll. and the reasons therefor, in writing, and this can be demonstrated through (d) Existing FEP fisheries shall follow normally within 30 days of the receipt receipts of purchase, invoices, fishing the allowable gear and methods of sufficient information, unless logbooks or other documentation. outlined in their respective plans. additional time is needed for a hearing. (b) Fish for, take, or retain any PRIA (e) Any person who intends to fish (iii) If a hearing is requested, or if the coral reef ecosystem MUS species: with new gear not included in this Regional Administrator determines that (1) That is determined overfished section must describe the new gear and one is appropriate, the Regional its method of deployment in the special Administrator may grant an informal with subsequent rulemaking by the Regional Administrator. permit application. A decision on the hearing before a hearing officer permissibility of this gear type will be (2) By means of gear or methods designated for that purpose after first made by the Regional Administrator prohibited under § 665.627. giving notice of the time, place, and after consultation with the Council and subject matter of the hearing in the (3) In a low-use MPA without a valid the director of the affected state fishery Federal Register. Such a hearing shall special permit. management agency. normally be held no later than 30 days (4) In violation of any permit issued following publication of the notice in under §§ 665.13 or 665.624. § 665.628 Gear identification. the Federal Register, unless the hearing (c) Fish for, take, or retain any wild (a) The vessel number must be affixed officer extends the time for reasons live rock or live hard coral except under to all fish and crab traps on board the deemed equitable. The appellant, the a valid special permit for scientific vessel or deployed in the water by any applicant (if different), and, at the research, aquaculture seed stock vessel or person holding a permit under discretion of the hearing officer, other collection or traditional and ceremonial §§ 665.13 or 665.624 or that is otherwise interested parties, may appear purposes by indigenous people. established to be fishing for PRIA coral

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reef ecosystem MUS in the PRIA fishery considered unclaimed or abandoned Atoll, Kingman Reef, Jarvis Island, management area. property, and may be disposed of in any Baker Island, Howland Island, Johnston (b) Enforcement action. (1) Traps not manner considered appropriate by Atoll, and Wake Island. marked in compliance with paragraph NMFS or an authorized officer. PRIA crustacean fishing permit means (a) of this section and found deployed the permit required by § 665.642 to use in the PRIA fishery management area §§ 665.629–665.639 [Reserved] a vessel to fish for PRIA crustacean will be considered unclaimed or § 665.640 PRIA crustacean fisheries MUS in the PRIA fishery management abandoned property, and may be [Reserved]. disposed of in any manner considered area, or to land crustacean MUS appropriate by NMFS or an authorized § 665.641 Definitions. shoreward of the outer boundary of the officer. As used in §§ 665.640 through PRIA fishery management area. (2) Unattended surround nets or bait 665.659: PRIA crustacean management unit seine nets found deployed in the coral Crustacean Permit Area 4 (Permit species means the following reef ecosystem management area will be Area 4) means the EEZ around Palmyra crustaceans:

English common name Scientific name

Spiny lobster ...... Panulirus marginatus, Panulirus penicillatus. Slipper lobster ...... Scyllaridae. Kona crab ...... Ranina ranina. Deepwater shrimp ...... Heterocarpus. spp.

§ 665.642 Permits. partners or shareholders and their (b) The Regional Administrator will (a) Applicability. (1) The owner of any respective percentage of ownership in notify permit holders of any change in vessel used to fish for lobster in Permit the partnership or corporation. the reporting method and schedule Area 4 must have a permit issued for required in paragraphs (a)(1) and (2) of that vessel. § 665.643 Prohibitions. this section at least 30 days prior to the (2) The owner of any vessel used to In addition to the general prohibitions opening of the fishing season. fish for deepwater shrimp in Crustacean specified in § 600.725 of this chapter Permit Area 4 must have a permit issued and § 665.15, it is unlawful for any § 665.645 At-sea observer coverage. for that vessel. person in Crustacean Permit Area 4 to All fishing vessels subject to (b) General requirements. General fish for, take, or retain deepwater §§ 665.640 through 665.645 and subpart requirements governing application shrimp without a permit issued under A of this part must carry an observer information, issuance, fees, expiration, § 665.642. when requested to do so by the Regional replacement, transfer, alteration, Administrator. display, sanctions, and appeals for § 665.644 Notifications. §§ 665.646–665.659 [Reserved] permits issued under this section, as (a) The operator of any vessel subject applicable, are contained in § 665.13. to the requirements of this subpart must: § 665.660 PRIA precious coral fisheries (c) Application. An application for a (1) Report, not less than 24 hours, but [Reserved]. permit required under this section will not more than 36 hours, before landing, be submitted to PIRO as described in the port, the approximate date and the § 665.661 Definitions. § 665.13. If the application for a limited approximate time at which spiny and As used in §§ 665.660 through access permit is submitted on behalf of slipper lobsters will be landed. 665.669: a partnership or corporation, the (2) Report, not less than 6 hours and PRIA precious coral management unit application must be accompanied by a not more than 12 hours before species (PRIA precious coral MUS) supplementary information sheet offloading, the location and time that means any coral of the genus Corallium obtained from PIRO and contain the offloading of spiny and slipper lobsters in addition to the following species of names and mailing addresses of all will begin. corals:

English common name Scientific name

Pink coral (also known as red coral) ...... Corallium secundum, Corallium regale, Corallium laauense. Gold coral ...... Gerardia spp., Callogorgia gilberti, Narella spp., Calyptrophora spp. Bamboo coral ...... Lepidisis olapa, Acanella spp. Black coral ...... Antipathes dichotoma, Antipathes grandis, Antipathes ulex.

PRIA precious coral permit area established beds, conditional beds, or precious coral permit area must have a means the area encompassing the refugia, in the EEZ seaward Palmyra permit issued under § 665.13. precious coral beds within the EEZ Atoll, Kingman Reef, Jarvis Island, (b) Each permit will be valid for around the PRIA. Each bed is designated Baker Island, Howland Island, Johnston fishing only in the permit area specified by a permit area code and assigned to Atoll and Wake Island. on the permit. Precious Coral Permit one of the following four categories: Areas are defined in § 665.661. (1) Established beds. [Reserved] § 665.662 Permits. (c) No more than one permit will be (2) Conditional beds. [Reserved] (a) Any vessel of the United States valid for any one vessel at any one time. (3) Refugia. [Reserved] fishing for, taking, or retaining PRIA (d) No more than one permit will be (4) Exploratory Area. Permit Area X– precious coral MUS in any PRIA valid for any one person at any one P–PI includes all coral beds, other than time.

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(e) The holder of a valid permit to fish attained a minimum height of 10 inches § 665.668 Seasons. one permit area may obtain a permit to (25.4 cm). The fishing year for precious coral fish another permit area only upon (b) Black coral. Live black coral begins on July 1 and ends on June 30 the surrendering to the Regional harvested from any precious coral following year. Administrator any current permit for the permit area must have attained either a § 665.669 Gold coral harvest moratorium. precious coral fishery issued under minimum stem diameter of 1 inch (2.54 § 665.13. cm), or a minimum height of 48 inches Fishing for, taking, or retaining any (f) General requirements governing (122 cm). gold coral in any precious coral permit application information, issuance, fees, area is prohibited through June 30, expiration, replacement, transfer, § 665.666 Closures. 2013. alteration, display, sanctions, and (a) If the Regional Administrator appeals for permits for the precious Subpart F—Western Pacific Pelagic determines that the harvest quota for Fisheries coral fishery are contained in § 665.13. any coral bed will be reached prior to § 665.663 Prohibitions. the end of the fishing year, NMFS shall § 665.798 Management area. In addition to the general prohibitions publish a notice to that effect in the The western Pacific Pelagic fishery specified in § 600.725 of this chapter Federal Register and shall use other management area includes all areas of and in § 665.15, it is unlawful for any means to notify permit holders. Any fishing operations in the EEZ or on the person to: such notice must indicate the reason for high seas for any vessels of the United (a) Use any vessel to fish for, take, the closure, the bed being closed, and States or persons that: retain, possess or land PRIA precious the effective date of the closure. (a) Fish for, possess, or transship coral MUS in any precious coral permit (b) A closure is also effective for a western Pacific pelagic fishery MUS area, unless a permit has been issued for permit holder upon the permit holder’s within the EEZ waters around American that vessel and area as specified in actual harvest of the applicable quota. Samoa, CNMI, Guam, Hawaii, or PRIA; § 665.13 and that permit is on board the or § 665.667 Quotas. vessel. (b) Land western Pacific pelagic (b) Fish for, take, or retain any species (a) General. The quotas limiting the fishery MUS in American Samoa, CNMI, of PRIA precious coral MUS in any amount of precious coral that may be Guam, Hawaii, or PRIA. precious coral permit area: taken in any precious coral permit area (1) By means of gear or methods during the fishing year are listed in § 665.799 Area restrictions. prohibited by § 665.664. § 665.667(d). Only live coral is counted (a) Fishing is prohibited in all no-take (2) In refugia specified in § 665.661. toward the quota. The accounting MPAs designated in this section. (3) In a bed for which the quota period for all quotas begins July 1, 1983. (b) No-take MPAs. The following U.S. specified in § 665.667 has been attained. (b) Conditional bed closure. A EEZ waters are no-take MPAs: (4) In violation of any permit issued (1) Landward of the 50-fathom (fm) under §§ 665.13 or 665.17. conditional bed will be closed to all nonselective coral harvesting after the (91.5-m) curve at Jarvis, Howland, and (5) In a bed that has been closed Baker Islands, and Kingman Reef; as pursuant to §§ 665.666 or 665.669. quota for one species of coral has been taken. depicted on National Ocean Survey (c) Take and retain, possess, or land Chart Numbers 83116 and 83153; any live pink coral or live black coral (c) Reserves and reserve release. The (2) Landward of the 50-fm (91.5-m) from any precious coral permit area that quotas for exploratory area, X–P–PI, will curve around Rose Atoll, as depicted on is less than the minimum height be held in reserve for harvest by vessels National Ocean Survey Chart Number specified in § 665.665 unless: of the United States in the following 83484. (1) A valid EFP was issued under manner: (1) At the start of the fishing § 665.17 for the vessel and the vessel year, the reserve for the PRIA § 665.800 Definitions. was operating under the terms of the exploratory area will equal the quota As used in §§ 665.798 through permit; or minus the estimated domestic annual 665.818: (2) The coral originated outside coral harvest for that year. (2) As soon as American Samoa longline limited beds listed in this paragraph, and this practicable after December 31 each year, access permit means the permit can be demonstrated through receipts of the Regional Administrator will required by § 665.801 to use a vessel purchase, invoices, or other determine the amount harvested by shoreward of the outer boundary of the documentation. vessels of the United States between EEZ around American Samoa to fish for § 665.664 Gear restrictions. July 1 and December 31 of the year that western Pacific pelagic MUS using just ended on December 31. (3) NMFS Only selective gear may be used to longline gear or to land or transship will release to TALFF an amount of western Pacific pelagic MUS that were harvest coral from any precious coral precious coral for each exploratory area permit area. caught in the EEZ around American equal to the quota minus two times the Samoa using longline gear. § 665.665 Size restrictions. amount harvested by vessels of the American Samoa pelagics mailing list The height of a live coral specimen United States in that July 1–December means the list maintained by PIRO of shall be determined by a straight line 31 period. (4) NMFS will publish in the names and mailing addresses of parties measurement taken from its base to its Federal Register a notification of the interested in receiving notices of most distal extremity. The stem Regional Administrator’s determination availability for American Samoa diameter of a living coral specimen shall and a summary of the information on longline limited access permits. be determined by measuring the greatest which it is based as soon as practicable Basket-style longline gear means a diameter of the stem at a point no less after the determination is made. type of longline gear that is divided into than 1 inch (2.54 cm) from the top (d) PRIA exploratory permit area, X– units called ‘‘baskets’’ each consisting of surface of the living holdfast. P–PI, has an annual quota of 1,000 kg a segment of main line to which 10 or (a) Live pink coral harvested from any for all precious coral MUS combined more branch lines with hooks are precious coral permit area must have with the exception of black corals. spliced. The mainline and all branch

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lines are made of multiple braided to use a vessel to fish for western Pacific PRIA pelagic troll and handline strands of cotton, nylon, or other pelagic MUS with longline gear in the fishing permit means the permit synthetic fibers impregnated with tar or EEZ around Hawaii or to land or required by § 665.801 to use a vessel other heavy coatings that cause the lines transship longline-caught western shoreward of the outer boundary of the to sink rapidly in seawater. Pacific pelagic MUS shoreward of the EEZ around the PRIA to fish for western Deep-set or Deep-setting means the outer boundary of the EEZ around Pacific pelagic MUS using pelagic deployment of, or deploying, Hawaii. handline or troll fishing methods. respectively, longline gear in a manner Longline fishing prohibited area Receiving vessel permit means a consistent with all the following means the portions of the EEZ in which permit required by § 665.801(c) for a criteria: With all float lines at least 20 longline fishing is prohibited as receiving vessel to transship or land meters in length; with a minimum of 15 specified in § 665.806. western Pacific pelagic MUS taken by branch lines between any two floats Longline fishing vessel means a vessel other vessels using longline gear. (except basket-style longline gear which that has longline gear on board the Shallow-set or shallow-setting means may have as few as 10 branch lines vessel. between any two floats); without the use the deployment of, or deploying, Longline gear means a type of fishing respectively, longline gear in a manner of light sticks; and resulting in the gear consisting of a main line that possession or landing of no more than that does not meet the definition of exceeds 1 nm in length, is suspended deep-set or deep-setting as defined in 10 swordfish (Xiphias gladius) at any horizontally in the water column either time during a given trip. As used in this this section. anchored, floating, or attached to a definition ‘‘float line’’ means a line used vessel, and from which branch or Squid jig fishing means fishing for to suspend the main longline beneath a dropper lines with hooks are attached; squid that are western Pacific pelagic float and ‘‘light stick’’ means any type of except that, within the protected species MUS using a hook or hooks attached to light emitting device, including any zone as defined in § 665.806, longline a line that is raised and lowered in the fluorescent ‘‘glow bead,’’ chemical, or gear means a type of fishing gear water column by manual or mechanical electrically powered light that is affixed consisting of a main line of any length means. underwater to the longline gear. Western Pacific general longline Fish dealer means any person who: that is suspended horizontally in the permit means the permit authorized (1) Obtains, with the intention to water column either anchored, floating, resell, western Pacific pelagic MUS, or or attached to a vessel, and from which under § 665.801 to use a vessel portions thereof, that were harvested or branch or dropper lines with hooks are shoreward of the outer boundary of the received by a vessel that holds a permit attached. EEZ around Guam, CNMI, Johnston or or is otherwise regulated under Pelagic handline fishing means Palmyra Atolls, Kingman Reef, or Wake, bottomfish fisheries in this subpart; or fishing for western Pacific pelagic MUS Jarvis, Baker or Howland Islands to fish (2) Provides recordkeeping, purchase, from a stationary or drifting vessel using for western Pacific pelagic MUS using or sales assistance in obtaining or hook and line gear other than longline longline gear or to land or to transship selling such MUS (such as the services gear. western Pacific pelagic MUS that were provided by a wholesale auction Pelagic troll fishing (trolling) means caught using longline gear. facility). fishing for western Pacific pelagic MUS Western Pacific pelagic management Hawaii longline limited access permit from a moving vessel using hook and unit species means the following means the permit required by § 665.801 line gear. species:

English common name Scientific name

Tunas: Albacore ...... Thunnus alalunga. bigeye tuna ...... Thunnus obesus. yellowfin tuna ...... Thunnus albacares. northern bluefin tuna ...... Thunnus thynnus. skipjack tuna ...... Katsuwonus pelamis. Kawakawa ...... Euthynnus affinis. other tuna relatives ...... Auxis spp., Scomber spp., Allothunnus spp. Billfishes: Indo-Pacific blue marlin ...... Makaira mazara. black marlin ...... Makaira indica. striped marlin ...... Tetrapturus audax. shortbill spearfish ...... Tetrapturus angustirostris. Swordfish ...... Xiphias gladius. Sailfish ...... Istiophorus platypterus. Sharks: pelagic thresher shark ...... Alopias pelagicus. bigeye thresher shark ...... Alopias superciliosus. common thresher shark ...... Alopias vulpinus. silky shark ...... Carcharhinus falciformis. oceanic whitetip shark ...... Carcharhinus longimanus. blue shark ...... Prionace glauca. shortfin mako shark ...... Isurus oxyrinchus. longfin mako shark ...... Isurus paucus. salmon shark ...... Lamna ditropis. Other pelagic fishes: mahimahi (dolphinfish) ...... Coryphaena spp. Wahoo ...... Acanthocybium solandri. Moonfish ...... Lampris spp.

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English common name Scientific name

Oilfish ...... Gempylidae. Pomfret ...... Bramidae. Squid: diamondback squid ...... Thysanoteuthis rhombus. neon flying squid ...... Ommastrephes bartramii. purpleback flying squid ...... Sthenoteuthis oualaniensis.

§ 665.801 Permits. EEZ around American Samoa, Hawaii, 46 U.S.C. 12102(a) may be issued or (a) A vessel of the United States must Guam, CNMI, or PRIA, western Pacific may hold (by ownership or otherwise) a be registered for use with a valid permit pelagic MUS that were harvested using Hawaii longline limited access permit. under the High Seas Fishing longline gear. (o) Permit appeals. Except as provided Compliance Act if that vessel is used to (f) A vessel of the United States must in subpart D of 15 CFR part 904, any fish on the high seas, as required under be registered for use with a valid PRIA applicant for a permit or any permit § 300.15 of this title. pelagic troll and handline fishing permit owner may appeal to the Regional (b) A vessel of the United States must if that vessel is used to fish for western Administrator the granting, denial, be registered for use under a valid Pacific pelagic MUS using pelagic conditioning, suspension, or transfer of Hawaii longline limited access permit if handline or trolling fishing methods in a permit or requested permit under this that vessel is used: the EEZ around the PRIA (with the section. To be considered by the (1) To fish for western Pacific pelagic exception of Midway Atoll). Regional Administrator, the appeal must MUS using longline gear in the EEZ (g) A vessel of the United States must be in writing, must state the action(s) around the Hawaiian Archipelago; or be registered for use under a Western appealed, and the reasons therefore, and (2) To land or transship, shoreward of Pacific squid jig fishing permit, if that must be submitted within 30 days of the the outer boundary of the EEZ around vessel is more than 50 ft (15.4 m) LOA action(s) by the Regional Administrator. the Hawaiian Archipelago, western and is used to squid jig fish in EEZ The appellant may request an informal Pacific pelagic MUS that were harvested waters around American Samoa, CNMI, hearing on the appeal. using longline gear. Guam, Hawaii, or PRIA. (1) Upon receipt of an appeal (c) A vessel of the United States must (h) Any required permit must be valid authorized by this section, the Regional be registered for use under a valid and on board the vessel and available Administrator may request additional American Samoa longline limited access for inspection by an authorized agent, information. Upon receipt of sufficient permit, in accordance with § 665.816, if except that, if the permit was issued (or information, the Regional Administrator that vessel is used to: registered to the vessel) during the will decide the appeal in accordance (1) Fish for western Pacific pelagic fishing trip in question, this with the criteria set out in this part for MUS using longline gear in the EEZ requirement applies only after the start qualifying for, or renewing, limited around American Samoa; of any subsequent fishing trip. access permits. In making such (2) Land shoreward of the outer (i) A permit is valid only for the decision, the Administrator will review boundary of the EEZ around American vessel for which it is registered. A relevant portions of the Western Pacific Samoa western Pacific pelagic MUS that permit not registered for use with a Pelagic FEP, to the extent such review were harvested using longline gear in particular vessel may not be used. would clarify the criteria in this part. the EEZ around American Samoa; or (j) An application for a permit Such decision will be based upon (3) Transship shoreward of the outer required under this section will be information relative to the application boundary of the EEZ around American submitted to PIRO as described in on file at NMFS and the Council and Samoa western Pacific pelagic MUS that § 665.13. any additional information available; were harvested using longline gear in (k) General requirements governing the summary record kept of any hearing the EEZ around American Samoa or on application information, issuance, fees, and the hearing officer’s recommended the high seas. expiration, replacement, transfer, decision, if any, as provided in (d) A vessel of the United States must alteration, display, and sanctions for paragraph (o)(3) of this section; and be registered for use under a valid permits issued under this section, as such other considerations as deemed Western Pacific general longline permit, applicable, are contained in § 665.13. appropriate. The Regional American Samoa longline limited access (l) A Hawaii longline limited access Administrator will notify the appellant permit, or Hawaii longline limited permit may be transferred as follows: of the decision and the reasons access permit if that vessel is used to: (1) The owner of a Hawaii longline therefore, in writing, normally within 30 (1) Fish for western Pacific pelagic limited access permit may apply to days of the receipt of sufficient MUS using longline gear in the EEZ transfer the permit: information, unless additional time is around Guam, CNMI, or PRIA (with the (i) To a different person for needed for a hearing. exception of Midway Atoll); or registration for use with the same or (2) If a hearing is requested, or if the (2) Land or transship shoreward of the another vessel; or Regional Administrator determines that outer boundary of the EEZ around (ii) For registration for use with one is appropriate, the Regional Guam, CNMI, or PRIA (with the another U.S. vessel under the same Administrator may grant an informal exception of Midway Atoll), western ownership. hearing before a hearing officer Pacific pelagic MUS that were harvested (2) [Reserved] designated for that purpose. Such a using longline gear. (m) A Hawaii longline limited access hearing normally shall be held no later (e) A receiving vessel of the United permit will not be registered for use than 30 days following receipt of the States must be registered for use with a with a vessel that has a LOA greater appeal, unless the hearing officer valid receiving vessel permit if that than 101 ft (30.8 m). extends the time. The appellant and, at vessel is used to land or transship, (n) Only a person eligible to own a the discretion of the hearing officer, shoreward of the outer boundary of the documented vessel under the terms of other interested persons, may appear

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personally and/or be represented by (d) Use a vessel shoreward of the registered for use for that vessel, in counsel at the hearing and submit outer boundary of the EEZ around the violation of § 665.801(f). information and present arguments as Hawaiian Archipelago without a valid (l) Fish in the fishery after failing to determined appropriate by the hearing Hawaii longline limited access permit comply with the notification officer. Within 30 days of the last day registered for use with that vessel, to requirements in § 665.803. of the hearing, the hearing officer shall land or transship western Pacific pelagic (m) Fail to comply with notification recommend, in writing, a decision to the MUS that were harvested with longline requirements set forth in § 665.803 or in Regional Administrator. gear, in violation of § 665.801(b)(2). any EFP issued under § 665.17. (3) The Regional Administrator may (e) Use a vessel in the EEZ around (n)–(u) [Reserved] adopt the hearing officer’s American Samoa without a valid (v) Fish with longline gear within a recommended decision, in whole or in American Samoa longline limited access longline fishing prohibited area, except part, or may reject or modify it. In any permit registered for use with that as allowed pursuant to an exemption event, the Regional Administrator will vessel, to fish for western Pacific pelagic issued under §§ 665.17 or 665.807, in notify the appellant, and interested MUS using longline gear, in violation of violation of § 665.806. persons, if any, of the decision, and the § 665.801(c)(1). (w) Fish for western Pacific pelagic reason(s) therefore, in writing, within 30 (f) Use a vessel shoreward of the outer MUS with longline gear within the days of receipt of the hearing officer’s boundary of the EEZ around American protected species zone, in violation of recommended decision. The Regional Samoa without a valid American Samoa § 665.806(b). Administrator’s action shall constitute longline limited access permit registered (x) Fail to comply with a term or final Agency action for purposes of the for use with that vessel, to land western condition governing the observer Pacific pelagic MUS that were caught Administrative Procedure Act. program established in § 665.808, if with longline gear within the EEZ (4) In the case of a timely appeal from using a vessel registered for use with a around American Samoa, in violation of an American Samoa longline limited Hawaii longline limited access permit, § 665.801(c)(2). access permit initial permit decision, (g) Use a vessel within the EEZ or a vessel registered for use with a size the Regional Administrator will issue around American Samoa without a valid Class B, C or D American Samoa the appellant a temporary American American Samoa longline limited access longline limited access permit, to fish Samoa longline limited access permit. A permit registered for use with that for western Pacific pelagic MUS using temporary permit will expire 20 days vessel, to transship western Pacific longline gear. after the Regional Administrator’s final pelagic MUS that were caught with (y) Fail to comply with other terms decision on the appeal. In no event will longline gear, in violation of and conditions that the Regional a temporary permit be effective for § 665.801(c)(3). Administrator imposes by written notice longer than 60 days. (h) Use a vessel in the EEZ around to either the permit holder or the (5) With the exception of temporary Guam, CNMI, or PRIA (with the designated agent of the permit holder to permits issued under paragraph (o)(4) of exception of Midway Atoll) without facilitate the details of observer this section, the Regional Administrator, either a valid Western Pacific general placement. for good cause, may extend any time longline permit, American Samoa (z) Fail to fish in accordance with the limit prescribed in this section for a longline limited access permit or a seabird take mitigation techniques set period not to exceed 30 days, either Hawaii longline limited access permit forth at §§ 665.815(a)(1) or 665.815(a)(2) upon his/her own motion or upon registered for use with that vessel, to when operating a vessel registered for written request from the appellant fish for western Pacific pelagic MUS use under a Hawaii longline limited stating the reason(s) therefore. using longline gear, in violation of access permit. (aa)–(bb) [Reserved] § 665.802 Prohibitions. § 665.801(d)(1). (i) Use a vessel shoreward of the outer (cc) Own or operate a vessel registered In addition to the prohibitions boundary of the EEZ around Guam, for use under any longline permit issued specified in § 600.725 of this chapter, it CNMI, or PRIA (with the exception of under § 665.801 while engaged in is unlawful for any person to do any of Midway Atoll) without either a valid longline fishing for western Pacific the following: Western Pacific general longline permit, pelagic MUS and fail to be certified for (a) Falsify or fail to make and/or file American Samoa longline limited access completion of a NMFS protected species all reports of western Pacific pelagic permit or a Hawaii longline limited workshop, in violation of § 665.814(a). MUS landings, containing all data and access permit registered for use with (dd) Own or operate a vessel in the exact manner, as required by that vessel, to land or transship western registered for use under any longline applicable state law or regulation, as Pacific pelagic MUS that were harvested permit issued under § 665.801 while specified in § 665.14(a), provided that using longline gear, in violation of engaged in longline fishing for western the person is required to do so by § 665.801(d)(2). Pacific pelagic MUS without having on applicable state law or regulation. (j) Use a vessel shoreward of the outer board a valid protected species (b) Use a vessel without a valid permit boundary of the EEZ around American workshop certificate issued by NMFS or issued under the High Seas Fishing Samoa, CNMI, Guam, Hawaii, or PRIA, a legible copy thereof, in violation of Compliance Act to fish for western to land or transship western Pacific § 665.814(d). Pacific pelagic MUS using longline gear, pelagic MUS caught by other vessels (ee) Possess light sticks on board a on the high seas, in violation of using longline gear, without a valid vessel registered for use under a Hawaii §§ 665.801(a), and 300.15 of this title. receiving vessel permit registered for longline limited access permit at any (c) Use a vessel in the EEZ around the use with that vessel, in violation of time during a trip for which notification Hawaiian Archipelago without a valid § 665.801(e). to NMFS under § 665.803(a) indicated Hawaii longline limited access permit (k) Use a vessel in the EEZ around the that deep-setting would be done, in registered for use with that vessel, to PRIA employing handline or trolling violation of § 665.813(d). fish for western Pacific pelagic MUS methods to fish for western Pacific (ff) Fail to carry, or fail to use, a line using longline gear, in violation of pelagic MUS without a valid PRIA clipper, dip net, or dehooker on a vessel § 665.801(b)(1). pelagic troll and handline fishing permit registered for use under any longline

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permit issued under § 665.801, in (ss) Engage in shallow-setting from a occurs in western Pacific EEZ waters. violation of § 665.812. vessel registered for use under a Hawaii The vessel operator will be presumed to (gg)–(hh) [Reserved] longline limited access permit after the be an agent designated by the permit (ii) When operating a vessel registered shallow-set component of the longline holder unless the Regional for use under any longline limited fishery has been closed pursuant to Administrator is otherwise notified by access permit issued under § 665.801, § 665.813(b), in violation of § 665.813(i). the permit holder. fail to comply with the sea turtle (tt) Fail to immediately retrieve (c) For purposes of this section, the handling, resuscitation, and release longline fishing gear upon receipt of notice must be provided to the office or requirements, in violation of actual notice that the shallow-set telephone number designated by the § 665.812(b). component of the longline fishery has Regional Administrator. The notice (jj) Engage in shallow-setting from a been closed pursuant to § 665.813(b), in must provide the official number of the vessel registered for use under any violation of § 665.813(i). vessel, the name of the vessel, the longline permit issued under § 665.801 (uu)–(vv) [Reserved] intended departure date, time, and north of the Equator (0° lat.) with hooks (ww) Fail to handle seabirds other location, the name of the operator of the other than circle hooks sized 18/0 or than short-tailed albatrosses that are vessel, and the name and telephone larger with an offset not to exceed 10 caught by pelagic longline gear in a number of the permit holder or degrees, in violation of § 665.813(f). manner that maximizes the probability designated agent to be available between (kk) Engage in shallow-setting from a of their long-term survival, in violation 8 a.m. and 5 p.m. (local time) on vessel registered for use under any of § 665.815(c). weekdays for NMFS to contact to longline permit issued under § 665.801 (xx) Use a large vessel to fish for arrange observer placement. north of the Equator (0° lat.) with bait western Pacific Pelagic MUS within an (d) The operator of any vessel subject other than mackerel-type bait, in American Samoa large vessel prohibited to the requirements of this subpart who violation of § 665.813(g). area except as allowed pursuant to an does not have on board a VMS unit while transiting the protected species (ll) [Reserved] exemption issued under § 665.818. (yy) Fish for western Pacific pelagic zone as defined in § 665.806, must (mm) Fail to use a line setting MUS using gear prohibited under notify the NMFS Special-Agent-In- machine or line shooter, with weighted § 665.810 or not permitted by an EFP Charge immediately upon entering and branch lines, to set the main longline issued under § 665.17. immediately upon departing the when operating a vessel that is (zz) Use a vessel that is greater than protected species zone. The notification registered for use under a Hawaii 50 ft (15.4 m) LOA to squid jig fish in must include the name of the vessel, longline limited access permit and EEZ waters around American Samoa, name of the operator, date and time equipped with monofilament main CNMI, Guam, Hawaii, or PRIA, without (GMT) of access or exit from the longline, when making deep sets north a Western Pacific squid jig fishing protected species zone, and location by of 23° N. lat., in violation of permit registered for use with that latitude and longitude to the nearest § 665.815(a)(1) or (a)(2). vessel, in violation of § 665.801(g). minute. (nn) Fail to employ basket-style (e) The permit holder for any longline gear such that the mainline is § 665.803 Notifications. American Samoa longline limited access deployed slack when operating a vessel (a) The permit holder, or designated permit, or an agent designated by the registered for use under a Hawaii agent, for any vessel registered for use ° permit holder, must notify the Regional longline limited access north of 23 N. under a Hawaii longline limited access Administrator in writing within 30 days lat., in violation of § 665.815(a)(2)(v). permit, or for any vessel greater than 40 of any change to the permit holder’s (oo) Fail to maintain and use blue dye ft (12.2 m) LOA that is registered for use contact information or any change to the to prepare thawed bait when operating under an American Samoa longline vessel documentation associated with a a vessel registered for use under a limited access permit, shall provide a permit registered to an American Samoa Hawaii longline limited access permit notice to the Regional Administrator at ° longline limited access permit. that is fishing north of 23 N. lat., in least 72 hours (not including weekends Complete changes in the ownership of violation of § 665.815(a)(2)(vi) through and Federal holidays) before the vessel the vessel registered to an American (viii). leaves port on a fishing trip, any part of Samoa longline limited access permit (pp) Fail to retain, handle, and which occurs in the EEZ around the must also be reported to PIRO in writing discharge fish, fish parts, and spent bait, Hawaiian Archipelago or American within 30 days of the change. Failure to strategically when operating a vessel Samoa. The vessel operator will be report such changes may result in a registered for use under a Hawaii presumed to be an agent designated by delay in processing an application, longline limited access permit that is the permit holder unless the Regional permit holders failing to receive ° fishing north of 23 N. lat., in violation Administrator is otherwise notified by important notifications, or sanctions of § 665.815(a)(2)(i) through (iv). the permit holder. The permit holder or pursuant to the Magnuson-Stevens Act (qq) Fail to be begin the deployment designated agent for a vessel registered at 16 U.S.C. 1858(g) or 15 CFR part 904, of longline gear at least 1 hour after for use under Hawaii longline limited subpart D. local sunset or fail to complete the access permits must also provide setting process before local sunrise from notification of the trip type (either deep- § 665.804 Gear identification. a vessel registered for use under a setting or shallow-setting). (a) Identification. The operator of each Hawaii longline limited access permit (b) The permit holder, or designated permitted vessel in the fishery while shallow-setting north of 23° N. agent, for any vessel registered for use management area must ensure that the lat., in violation of § 665.815(a)(4). under a Western Pacific squid jig fishing official number of the vessel be affixed (rr) Fail to handle short-tailed permit that is greater than 50 ft (15.4 m) to every longline buoy and float, albatrosses that are caught by pelagic LOA, shall provide a notice to the including each buoy and float that is longline gear in a manner that Regional Administrator at least 72 hours attached to a radar reflector, radio maximizes the probability of their long- (not including weekends and Federal antenna, or flag marker, whether term survival, in violation of holidays) before the vessel leaves port attached to a deployed longline or § 665.815(b). on a fishing trip, any part of which possessed on board the vessel. Markings

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must be legible and permanent, and considered appropriate by NMFS or an fishing prohibited areas as defined in must be of a color that contrasts with authorized officer. paragraphs (b), (c), and (d) of this the background material. section. (b) Enforcement action. Longline gear § 665.805 [Reserved] (b) Longline protected species zone. not marked in compliance with § 665.806 Longline fishing prohibited area (1) The protected species zone is 50 nm paragraph (a) of this section and found management. deployed in the EEZ will be considered from the center geographical positions unclaimed or abandoned property, and (a) Prohibited areas. Longline fishing of certain islands and reefs in the may be disposed of in any manner shall be prohibited in the longline NWHI, as follows:

Name N. lat. W. long.

Nihoa Island ...... 23°05′ 161°55′ Necker Island ...... 23°35′ 164°40′ French Frigate Shoals ...... 23°45′ 166°15′ Gardner Pinnacles ...... 25°00′ 168°00′ Maro Reef ...... 25°25′ 170°35′ Laysan Island ...... 25°45′ 171°45′ Lisianski Island ...... 26°00′ 173°55′ Pearl and Hermes Reef ...... 27°50′ 175°50′ Midway Island ...... 28°14′ 177°22′ Kure Island ...... 28°25′ 178°20′

(2) Where the areas are not Point N. lat. W. long. landed western Pacific pelagic MUS contiguous, parallel lines drawn tangent taken on longline gear in an area that is to and connecting those semicircles of P ...... 20°20′ 154°55′ now within the Hawaii longline fishing the 50-nm areas that lie between Nihoa Q ...... 20°35′ 155°30′ prohibited area; ° ′ ° ′ Island and Necker Island, French Frigate R ...... 21 00 155 35 (3) Was the owner or operator of a S ...... 22°30′ 157°35′ Shoals and Gardner Pinnacles, Gardner ° ′ ° ′ vessel that landed western Pacific T ...... 22 40 159 35 pelagic MUS taken on longline gear in Pinnacles and Maro Reef, and Lisianski U ...... 22°25′ 160°20′ Island and Pearl and Hermes Reef, shall V ...... 21°55′ 160°55′ an area that is now within the Hawaii delimit the remainder of the protected W ...... 21°40′ 161°00′ longline fishing prohibited area, in at species zone. E ...... 21°40′ 161°55′ least 5 calendar years after 1969, which (c) Main Hawaiian Islands (MHI). (1) D ...... 20°40′ 161°40′ need not be consecutive; and From February 1–September 30 each C ...... 20°00′ 157°30′ (4) In any one of the 5 calendar years, year, the longline fishing prohibited B ...... 18°20′ 156°25′ was the owner or operator of a vessel ° ′ ° ′ area around the MHI is the portion of A ...... 18 05 155 40 that harvested at least 80 percent of its the EEZ seaward of Hawaii bounded by total landings, by weight, of longline- straight lines connecting the following (d) Guam. The longline fishing caught western Pacific pelagic MUS in coordinates in the order listed: prohibited area around Guam is the an area that is now in the Hawaii waters seaward of Guam bounded by longline fishing prohibited area. Point N. lat. W. long. straight lines connecting the following (b) Each exemption shall specify the coordinates in the order listed: portion(s) of the Hawaii longline fishing A ...... 18°05′ 155°40′ prohibited area, bounded by B ...... 18°20′ 156°25′ Point N. lat. E. long. longitudinal and latitudinal lines drawn ° ′ ° ′ C ...... 20 00 157 30 to include each statistical area, as D ...... 20°40′ 161°40′ A ...... 14°25′ 144°00′ E ...... 21°40′ 161°55′ B ...... 14°00′ 143°38′ appearing on Hawaii State Commercial F ...... 23°00′ 161°30′ C ...... 13°41′ 143°33′33″ Fisheries Charts, in which the G ...... 23°05′ 159°30′ D ...... 13°00′ 143°25′30″ exemption holder made the harvest H ...... 22°55′ 157°30′ E ...... 12°20′ 143°37′ documented for the exemption I ...... 21°30′ 155°30′ F ...... 11°40′ 144°09′ application under paragraph (a)(4) of J ...... 19°50′ 153°50′ G ...... 12°00′ 145°00′ this section. K ...... 19°00′ 154°05′ H ...... 13°00′ 145°42′ (c) Each exemption is valid only A ...... 18°05′ 155°40′ I ...... 13°27′ 145°51′ within the portion(s) of the Hawaii longline fishing prohibited area (2) From October 1 through the § 665.807 Exemptions for longline fishing specified on the exemption. following January 31 each year, the prohibited areas; procedures. (d) A person seeking an exemption longline fishing prohibited area around (a) An exemption permitting a person under this section must submit an the MHI is the portion of the EEZ to use longline gear to fish in a application and supporting seaward of Hawaii bounded by straight portion(s) of the Hawaii longline fishing documentation to PIRO at least 15 days lines connecting the following prohibited area will be issued to a before the desired effective date of the coordinates in the order listed: person who can document that he or exemption. she: (e) If the Regional Administrator Point N. lat. W. long. (1) Currently owns a Hawaii longline determines that a gear conflict has A ...... 18°05′ 155°40′ limited access permit issued under this occurred and is likely to occur again in L ...... 18°25′ 155°40′ part and registered for use with his or the Hawaii longline fishing prohibited M ...... 19°00′ 154°45′ her vessel; area between a vessel used by a person N ...... 19°15′ 154°25′ (2) Before 1970, was the owner or holding an exemption under this section O ...... 19°40′ 154°20′ operator of a vessel when that vessel and a non-longline vessel, the Regional

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Administrator may prohibit all longline (c) When NMFS notifies the permit (1) Upon observer verification of fishing in the Hawaii longline fishing holder or designated agent of the vessel accommodations and the number prohibited area around the island where obligation to carry an observer in of assigned days on board, NMFS will the conflict occurred, or in portions response to a notification under this reimburse vessel owners a reasonable thereof, upon notice to each holder of an subpart, or as a condition of an EFP amount for observer subsistence as exemption who would be affected by issued under § 665.17, the vessel may determined by the Regional such a prohibition. not engage in the fishery without taking Administrator. (f) The Council will consider the observer. (2) If requested and properly information provided by persons with (d) A NMFS observer shall arrive at documented, NMFS will reimburse the Hawaii longline limited access permits the observer’s assigned vessel 30 vessel owner for the following: issued under this part who believe they minutes before the time designated for (i) Communications charges incurred have experienced extreme financial departure in the notice or the notice as by the observer. hardship resulting from the Hawaii modified, and will wait 1 hour for (ii) Lost fishing time arising from a longline area closure, and will consider departure. seriously injured or seriously ill recommendations of the Pelagic (e) A permit holder must observer, provided that notification of Advisory Review Board to assess accommodate a NMFS observer the nature of the emergency is whether exemptions under this section assigned under these regulations. The transmitted to the Observer Program, should continue to be allowed, and, if Regional Administrator’s office, and not NMFS (see address for PIRO Regional appropriate, revise the qualifying the observer, will address any concerns Administrator) at the earliest practical criteria in paragraph (a) of this section raised over accommodations. time. NMFS will reimburse the owner only for those days during which the to permit additional exemptions. (f) The permit holder, vessel operator, vessel is unable to fish as a direct result (1) If additional exemptions are and crew must cooperate with the of helping the NMFS employee who is needed, the Council will advise the observer in the performance of the seriously injured or seriously ill. Lost Regional Administrator in writing of its observer’s duties, including: fishing time is based on time traveling recommendation, including criteria by (1) Allowing for the embarking and to and from the fishing grounds and any which financial hardships will be debarking of the observer. mitigated, while retaining the documented out-of-pocket expenses for (2) Allowing the observer access to all medical services. Payment will be based effectiveness of the longline fishing areas of the vessel necessary to conduct prohibited area. on the current target fish market prices observer duties. and that vessel’s average target fish (2) Following a review of the (3) Allowing the observer access to Council’s recommendation and catch retained per day at sea for the communications equipment and previous 2 years, but shall not exceed supporting rationale, the Regional navigation equipment as necessary to Administrator may: $5,000 per day or $20,000 per claim. perform observer duties. Detailed billing with receipts and (i) Reject the Council’s (4) Allowing the observer access to recommendation, in which case written supporting records are required for VMS units to verify operation, obtain allowable communication and lost reasons will be provided by the data, and use the communication Regional Administrator to the Council fishing time claims. The claim must be capabilities of the units for official completed in ink, showing the for the rejection; or purposes. (ii) Concur with the Council’s claimant’s printed name, address, vessel (5) Providing accurate vessel locations recommendation and, after finding that name, observer name, trip dates, days by latitude and longitude or loran it is consistent with the goals and observer was on board, an explanation coordinates, upon request by the objectives of the Pelagics FEP, the of the charges, and claimant’s dated observer. national standards, and other applicable signature with a statement verifying the (6) Providing sea turtle, marine law, initiate rulemaking to implement claim to be true and correct. Requested mammal, or seabird specimens as the Council’s recommendations. reimbursement claims must be requested. submitted to the Fisheries Observer § 665.808 Conditions for at-sea observer (7) Notifying the observer in a timely Branch, Pacific Islands Region, NMFS. coverage. fashion when commercial fishing NMFS will not process reimbursement (a) NMFS shall advise the permit operations are to begin and end. invoices and documentation submitted holder or the designated agent of any (g) The permit holder, operator, and more than 120 days after the occurrence. observer requirement at least 24 hours crew must comply with other terms and (j) If a vessel normally has cabins for (not including weekends and Federal conditions to ensure the effective crew members, female observers on a holidays) before any trip for which deployment and use of observers that vessel with an all-male crew must be NMFS received timely notice in the Regional Administrator imposes by accommodated either in a single person compliance with these regulations. written notice. cabin or, if NMFS concludes that (b) The ‘‘Notice Prior to Fishing Trip’’ (h) The permit holder must ensure adequate privacy can be ensured by requirements in this subpart commit the that assigned observers are provided installing a curtain or other temporary permit holder to the representations in living quarters comparable to crew divider, in a two-person shared cabin. If the notice. The notice can be modified members and are provided the same the vessel normally does not have by the permit holder or designated agent meals, snacks, and amenities as are cabins for crew members, alternative because of changed circumstance, if the normally provided to other vessel accommodations must be approved by Regional Administrator is promptly personnel. A mattress or futon on the NMFS. If a cabin assigned to a female provided a modification to the notice floor or a cot is not acceptable if a observer does not have its own toilet that complies with the notice regular bunk is provided to any crew and shower facilities that can be requirements. The notice will also be member, unless other arrangements are provided for the exclusive use of the considered modified if the Regional approved in advance by the Regional observer, or if no cabin is assigned, then Administrator and the permit holder or Administrator. arrangements for sharing common designated agent agrees to placement (i) Reimbursement requirements are facilities must be established and changes. as follows: approved in advance by NMFS.

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§ 665.809 Port privileges and transiting for eye of an embedded hook, as well as ingested hooks from sea turtles that unpermitted U.S. longline vessels. wire or bolt cutters capable of cutting cannot be boated, and to engage a loose A U.S. longline fishing vessel that through the vessel’s hooks. hook when a turtle is entangled but not does not have a permit under subpart A (4) Handline, troll, pole-and-line, and hooked and line is being removed. One of this part may enter waters of the other vessels using hooks other than long-handled dehooker for ingested fishery management area with western longline vessels. Any owner or operator hooks is required on board. The Pacific pelagic MUS on board, but may of a vessel fishing under the Pelagics minimum design and performance not land or transship any western FEP with hooks other than longline gear standards are as follows: Pacific pelagic MUS on board the vessel. are not required to carry specific (A) Hook removal device. The hook The vessel’s longline gear must be mitigation gear, but must comply with removal device must be constructed of stowed or secured so it is rendered the handling requirements set forth in 5⁄16 inch (7.94 mm) 316L stainless steel unusable during the time the vessel is paragraph (b) of this section. and have a dehooking end no larger in those waters. (5) Line clippers. Line clippers are than 17⁄8 inches (4.76 cm) outside intended to cut fishing line as close as § 665.810 Prohibition of drift gillnetting. diameter. The device must be capable of possible to hooked or entangled sea securely engaging and controlling the Fishing with drift gillnets in the turtles. NMFS has established minimum leader while shielding the barb of the fishery management area is prohibited, design standards for line clippers. The hook to prevent the hook from re- except where authorized by an EFP Arceneaux line clipper (ALC) is a model issued under § 665.17. engaging during removal. It must not line clipper that meets these minimum have any unprotected terminal points § 665.811 [Reserved] design standards and may be fabricated (including blunt ones), as these could from readily available and low-cost cause injury to the esophagus during § 665.812 Sea turtle take mitigation materials (see Figure 3 to this part). The hook removal. The device must be of a measures. minimum design standards are as size capable of securing the range of (a) Possession and use of required follows: hook sizes and styles used by the vessel. mitigation gear. The gear required in (i) A protected cutting blade. The (B) Extended reach handle. The hook paragraph (a) of this section must be cutting blade must be curved, recessed, removal device must be securely used according to the sea turtle contained in a holder, or otherwise fastened to an extended reach handle or handling requirements set forth in afforded some protection to minimize pole with a length equal to or greater paragraph (b) of this section. direct contact of the cutting surface with (1) Hawaii longline limited access than 150 percent of the vessel’s sea turtles or users of the cutting blade. freeboard or 6 ft (1.83 m), whichever is permits. Any owner or operator of a (ii) Cutting blade edge. The blade vessel registered for use under a Hawaii greater. It is recommended that the must be capable of cutting 2.0–2.1 mm handle be designed so that it breaks longline limited access permit must monofilament line and nylon or carry aboard the vessel line clippers down into sections. The handle must be polypropylene multistrand material sturdy and strong enough to facilitate meeting the minimum design standards commonly known as braided mainline specified in paragraph (a)(5) of this the secure attachment of the hook or tarred mainline. removal device. section, dip nets meeting the minimum (iii) An extended reach holder for the (ii) Long-handled dehooker for design standards specified in paragraph cutting blade. The line clipper must external hooks. This item is intended to (a)(6) of this section, and dehookers have an extended reach handle or pole be used to remove externally-hooked meeting the minimum design and of at least 6 ft (1.82 m). performance standards specified in (iv) Secure fastener. The cutting blade hooks from sea turtles that cannot be paragraph (a)(7) of this section. must be securely fastened to the boated. The long-handled dehooker for (2) Other longline vessels with extended reach handle or pole to ensure ingested hooks described in paragraph freeboards of more than 3 ft (0.91m). effective deployment and use. (a)(7)(i) of this section meets this Any owner or operator of a longline (6) Dip nets. Dip nets are intended to requirement. The minimum design and vessel with a permit issued under facilitate safe handling of sea turtles and performance standards are as follows: § 665.801 other than a Hawaii limited access to sea turtles for purposes of (A) Construction. The device must be 5 access longline permit and that has a cutting lines in a manner that minimizes constructed of ⁄16 inch (7.94 mm) 316 freeboard of more than 3 ft (0.91 m) injury and trauma to sea turtles. The L stainless steel rod. A 5 inch (12.70 cm) must carry aboard the vessel line minimum design standards for dip nets tube T-handle of 1 inch (2.54 cm) clippers meeting the minimum design that meet the requirements of this outside diameter is recommended, but standards specified in paragraph (a)(5) section nets are: not required. The dehooking end must of this section, dip nets meeting the (i) An extended reach handle. The dip be blunt with all edges rounded. The minimum design standards specified in net must have an extended reach handle device must be of a size capable of paragraph (a)(6) of this section, and of at least 6 ft (1.82 m) of wood or other securing the range of hook sizes and dehookers meeting this minimum rigid material able to support a styles used by the vessel. design and performance standards minimum of 100 lb (34.1 kg) without (B) Handle. The handle must have a specified in paragraph (a)(7) of this breaking or significant bending or length equal to or greater than the section. distortion. vessel’s freeboard or 3 ft (0.91 m), (3) Other longline vessels with (ii) Size of dip net. The dip net must whichever is greater. freeboards of 3 ft (0.91 m) or less. Any have a net hoop of at least 31 inches (iii) Long-handled device to pull an owner or operator of a longline vessel (78.74 cm) inside diameter and a bag ‘‘inverted V.’’ This item is intended to be with a permit issued under § 665.801 depth of at least 38 inches (96.52 cm). used to pull an ‘‘inverted V’’ in the other than a Hawaii limited access The bag mesh openings may be no more fishing line when disentangling and longline permit and that has a freeboard than 3 inches by 3 inches (7.62 cm by dehooking entangled sea turtles. One of 3 ft (0.91 m) or less must carry aboard 7.62 cm). long-handled device to pull an ‘‘inverted their vessels line clippers capable of (7) Dehookers. (i) Long-handled V’’ is required on the vessel. The cutting the vessels fishing line or leader dehooker for ingested hooks. This item minimum design and performance within approximately 1 ft (0.3 m) of the is intended to be used to remove standards are as follows:

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(A) Hook end. It must have a hook- this requirement. The minimum design keep them open when removing shaped end, like that of a standard boat and performance standards are as ingested hooks in a way that allows the hook or gaff, which must be constructed follows: hook or line to be removed without of stainless steel or aluminum. (A) Hook removal device. The hook causing further injury to the turtle. At (B) Handle. The handle must have a removal device must be constructed of least two of the seven different types of length equal to or greater than 150 5⁄16 inch (7.94 cm) 316 L stainless steel, mouth openers and gags described percent of the vessel’s freeboard or 6 ft and the design must be such that a hook below are required on board. The seven (1.83 m), whichever is greater. The can be rotated out without pulling it out types and their minimum design handle must be sturdy and strong at an angle. The dehooking end must be standards are as follows. enough to allow the hook end to be blunt, and all edges rounded. The (i) A block of hard wood. A block of effectively used to engage and pull an device must be of a size appropriate to hard wood is intended to be used to gag ‘‘inverted V’’ in the line. secure the range of hook sizes and styles open a turtle’s mouth by placing it in (C) The long-handled dehookers used by the vessel. the corner of the jaw. It must be made described in paragraphs (a)(7)(i) and (ii) (B) Shaft and handle. The shaft must of hard wood of a type that does not of this section meet this requirement. be 16 to 24 inches (40.64 to 60.69 cm) splinter (for example, maple), and it (iv) Short-handled dehooker for in length, and must have a T-handle 4 must have rounded and smoothed ingested hooks. This item is intended to to 6 inches (10.16 to 15.24 cm) in length edges. The dimensions must be 10 to 12 3 1 be used to remove ingested hooks, and ⁄4 to 1 ⁄4 inches (1.90 to 3.18 cm) inches (24.50 to 30.48 cm) by 3⁄4 to 11⁄4 externally hooked hooks, and hooks in in diameter. inches (1.90 to 3.18 cm) by 3⁄4 to 11⁄4 the front of the mouth of sea turtles that (8) Tire. This item is intended to be inches (1.90 to 3.18 cm). can be boated. One short-handled used for supporting a turtle in an (ii) A set of three canine mouth gags. dehooker for ingested hooks is required upright orientation while it is on board. A canine mouth gag is intended to be on board. The minimum design and One tire is required on board, but an used to gag open a turtle’s mouth while performance standards are as follows: assortment of sizes is recommended to allowing hands-free operation after it is (A) Hook removal device. The hook accommodate a range of turtle sizes. The in place. A set of canine mouth gags removal device must be constructed of tire must be a standard passenger must include one of each of the 1⁄4 inch (6.35 mm) 316 L stainless steel, vehicle tire and must be free of exposed following sizes: small (5 inches, 12.7 and the design of the dehooking end steel belts. cm), medium (6 inches, 15.2 cm), and must be such to allow the hook to be (9) Long-nose or needle-nose pliers. large (7 inches, 17.8 cm). They must be secured and the barb shielded without This item is intended to be used to constructed of stainless steel. A 13⁄4 inch re-engaging during the hook removal remove deeply embedded hooks from (4.45 cm) long piece of vinyl tubing (3⁄4 process. The dehooking end must be no the turtle’s flesh that must be twisted in inch, 1.91 cm) outside diameter and 5⁄8 larger than 1–5/16 inch (3.33 cm) order to be removed, and also to hold inch (1.59 cm) inside diameter) must be outside diameter. It must not have any in place PVC splice couplings when placed over the ends of the gags to unprotected terminal points (including used as mouth openers. One pair of protect the turtle’s beak. blunt ones), as this could cause injury long-nose or needle-nose pliers is (iii) A set of two sturdy canine chew to the esophagus during hook removal. required on board. The minimum design bones. A canine chew bone is intended The dehooking end must be of a size standards are as follows: The pliers to be used to gag open a turtle’s mouth appropriate to secure the range of hook must be 8 to 14 inches (20.32 to 35.56 by placing it in the corner of the jaw. sizes and styles used by the vessel. cm) in length. It is recommended that They must be constructed of durable (B) Sliding plastic bite block. The they be constructed of stainless steel nylon, zylene resin, or thermoplastic dehooker must have a sliding plastic material. polymer, and strong enough to bite block, which is intended to be used (10) Wire or bolt cutters. This item is withstand biting without splintering. To to protect the sea turtle’s beak and intended to be used to cut through accommodate a variety of turtle beak facilitate hook removal if the turtle bites hooks in order to remove all or part of sizes, a set must include one large (51⁄2 down on the dehooker. The bite block the hook. One pair of wire or bolt to 8 inches (13.97 to 20.32 cm) in must be constructed of a 3⁄4 inch (1.91 cutters is required on board. The length) and one small (31⁄2 to 41⁄2 inches cm) inside diameter high impact plastic minimum design and performance (8.89 to 11.43 cm) in length) canine cylinder (for example, Schedule 80 standards are as follows: The wire or chew bones. PVC) that is 10 inches (25.40 cm) long. bolt cutters must be capable of cutting (iv) A set of two rope loops covered The dehooker and bite block must be hard metals, such as stainless or carbon with hose. A set of two rope loops configured to allow for 5 inches (12.70 steel hooks, and they must be capable of covered with a piece of hose is intended cm) of slide of the bite block along the cutting through the hooks used by the to be used as a mouth opener and to shaft of the dehooker. vessel. keep a turtle’s mouth open during hook (C) Shaft and handle. The shaft must (11) Monofilament line cutters. This and/or line removal. A set consists of be 16 to 24 inches (40.64 to 60.69 cm) item is intended to be used to cut and two 3-foot (0.91 m) lengths of poly braid in length, and must have a T-handle 4 remove fishing line as close to the eye rope, each covered with an 8 inch (20.32 to 6 inches (10.16 to 15.24 cm) in length of the hook as possible if the hook is cm) section of 1⁄2 inch (1.27 cm) or 3⁄4 and 3⁄4 to 11⁄4 inches (1.90 to 3.18 cm) swallowed or cannot be removed. One inch (1.91 cm) light-duty garden hose, in diameter. pair of monofilament line cutters is and each tied into a loop. (v) Short-handled dehooker for required on board. The minimum design (v) A hank of rope. A hank of rope is external hooks. This item is intended to standards are as follows: Monofilament intended to be used to gag open a sea be used to remove externally hooked line cutters must be 6 to 9 inches (15.24 turtle’s mouth by placing it in the corner hooks from sea turtles that can be to 22.86 cm) in length. The blades must of the jaw. A hank of rope is made from boated. One short-handled dehooker for be 13⁄4 (4.45 cm) in length and 5⁄8 inches a 6 foot (1.83 m) lanyard of braided external hooks is required on board. The (1.59 cm) wide when closed. nylon rope that is folded to create a short-handled dehooker for ingested (12) Mouth openers and gags. These hank, or looped bundle, of rope. The hooks required to comply with items are intended to be used to open hank must be 2 to 4 inches (5.08 to paragraph (a)(7)(v) of this section meets the mouths of boated sea turtles, and to 10.16 cm) in thickness.

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(vi) A set of four PVC splice (i) Place the sea turtle on its belly (on and the annual limit for loggerhead sea couplings. PVC splice couplings are the bottom shell or plastron) so that the turtles (Caretta caretta) is 46. intended to be used to allow access to sea turtle is right side up and its (ii) If any annual sea turtle interaction the back of the mouth of a turtle for hindquarters elevated at least 6 inches limit in paragraph (b)(i) of this section hook and line removal by positioning (15.24 cm) for a period of no less than is exceeded in a calendar year, the them inside a turtle’s mouth and 4 hours and no more than 24 hours. The annual limit for that sea turtle species holding them in place with long-nose or amount of the elevation varies with the will be adjusted downward the needle-nose pliers. The set must consist size of the sea turtle; greater elevations following year by the number of of the following Schedule 40 PVC splice are needed for larger sea turtles; interactions by which the limit was coupling sizes: 1 inch (2.54 cm), 11⁄4 (ii) Administer a reflex test at least exceeded. inches (3.18 cm), 11⁄2 inches (3.81 cm), once every 3 hours. The test is to be (iii) No later than January 31 of each and 2 inches (5.08 cm). performed by gently touching the eye year the Regional Administrator will (vii) A large avian oral speculum. A and pinching the tail of a sea turtle to publish a notice in the Federal Register large avian oral speculum is intended to determine if the sea turtle is responsive; of the applicable annual sea turtle be used to hold a turtle’s mouth open (iii) Keep the sea turtle shaded and interaction limits established pursuant and control the head with one hand damp or moist (but under no to paragraphs (b)(i) and (b)(ii) of this while removing a hook with the other circumstances place the sea turtle into section. hand. It must be 9 inches (22.86 cm) in a container holding water). A water- (2) Upon determination by the Regional Administrator that, based on length and constructed of 3⁄16 inch (4.76 soaked towel placed over the eyes, mm) wire diameter surgical stainless carapace and flippers is the most data from NMFS observers, either of the steel (Type 304). It must be covered effective method of keeping a sea turtle two sea turtle interaction limits has with 8 inches (20.32 cm) of clear vinyl moist; and been reached during a given calendar year: tubing 5⁄16 inch (7.94 mm) outside (iv) Return to the sea any sea turtle (i) As soon as practicable, the 3 that revives and becomes active in the diameter, ⁄16 inch (4.76 mm) inside Regional Administrator will file for diameter. manner described in paragraph (b)(4) of this section. Sea turtles that fail to publication at the Office of the Federal (b) Handling requirements. If a sea Register a notification of the sea turtle turtle is observed to be hooked or revive within the 24-hour period must also be returned to the sea in the interaction limit having been reached. entangled in fishing gear from any The notification will include an vessel fishing under the Pelagics FEP, manner described in paragraph (b)(4) of this section. advisement that the shallow-set vessel owners and operators must use component of the longline fishery shall the required mitigation gear set forth in (4) Sea turtle release. After handling a sea turtle in accordance with the be closed, and that shallow-set longline paragraph (a) of this section to comply fishing north of the Equator by vessels with these handling requirements. Any requirements of paragraphs (b)(2) and (b)(3) of this section, the sea turtle must registered for use under Hawaii longline hooked or entangled sea turtle must be limited access permits will be handled in a manner to minimize injury be returned to the ocean after identification unless NMFS requests the prohibited beginning at a specified date, and promote survival. until the end of the calendar year in (1) Sea turtles that cannot be brought retention of a dead sea turtle for research. In releasing a sea turtle the which the sea turtle interaction limit aboard. In instances where a sea turtle was reached. Coincidental with the is too large to be brought aboard or the vessel owner or operator must: (i) Place the vessel engine in neutral filing of the notification, the Regional sea turtle cannot be brought aboard Administrator will also provide actual without causing further injury to the sea gear so that the propeller is disengaged and the vessel is stopped, and release notice that the shallow-set component turtle, the vessel owner or operator must of the longline fishery shall be closed, disentangle and remove the gear, or cut the sea turtle away from deployed gear; and and that shallow-set longline fishing the line as close as possible to the hook north of the Equator by vessels or entanglement, to remove the (ii) Observe that the turtle is safely away from the vessel before engaging registered for use under Hawaii longline maximum amount of the gear from the limited access permits will be sea turtle. the propeller and continuing operations. (5) Other sea turtle requirements. No prohibited beginning at a specified date, (2) Sea turtles that can be brought sea turtle, including a dead turtle, may to all holders of Hawaii longline limited aboard. In instances where a sea turtle be consumed or sold. A sea turtle may access permits via telephone, satellite is not too large to be brought aboard, or be landed, offloaded, transshipped or telephone, radio, electronic mail, the sea turtle can be brought aboard kept below deck only if NMFS requests facsimile transmission, or post. without causing further injury to the the retention of a dead sea turtle for (ii) Beginning on the fishery closure turtle, the vessel owner or operator must research. date indicated by the Regional take the following actions: Administrator in the notification (i) Immediately bring the sea turtle § 665.813 Western Pacific longline fishing provided to vessel operators and permit aboard; restrictions. holders and published in the Federal (ii) Handle the sea turtle in (a) [Reserved] Register under paragraph (b)(2)(i) of this accordance with the procedures in (b) Limits on sea turtle interactions. section, until the end of the calendar paragraphs (b)(3) and (b)(4) of this (1) Maximum annual limits are year in which the sea turtle interaction section; and established on the number of physical limit was reached, the Hawaii-based (iii) Disentangle and remove the gear, interactions that occur each calendar shallow-set component of the longline or cut the line as close as possible to the year between leatherback and fishery shall be closed. hook or entanglement, to remove the loggerhead sea turtles and vessels (c) [Reserved] maximum amount of the gear from the registered for use under Hawaii longline (d) Vessels registered for use under a sea turtle. limited access permits while shallow- Hawaii longline limited access permit (3) Sea turtle resuscitation. If a sea setting. may not have on board at any time turtle appears dead or comatose, the (i) The annual limit for leatherback during a trip for which notification to following actions must be taken: sea turtles (Dermochelys coriacea) is 16, NMFS under § 665.803(a) indicated that

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deep-setting would be done any float for completion of a workshop conducted diameter of 20 mm (0.8 in); and branch lines less than 20 meters in length or by NMFS on interaction mitigation streamers attached to each main light sticks. As used in this paragraph techniques for sea turtles, seabirds and streamer at the end opposite from the ‘‘float line’’ means a line used to suspend other protected species. pole, each of which is long enough to the main longline beneath a float and (b) A protected species workshop drag on the sea surface in the absence ‘‘light stick’’ means any type of light certificate will be issued by NMFS of wind, and each of which has a emitting device, including any annually to any person who has minimum diameter 10 mm (0.4 in). fluorescent ‘‘glow bead,’’ chemical, or completed the workshop. (2) Alternative to side-setting. Owners electrically powered light that is affixed (c) An owner of a vessel registered for and operators of vessels that do not underwater to the longline gear. use under any longline permit issued side-set must do the following: (e) [Reserved] under § 665.801 must have a valid (i) Discharge fish, fish parts (offal), or (f) Any owner or operator of a vessel protected species workshop certificate spent bait while setting or hauling registered for use under any longline issued by NMFS to the owner of the longline gear, on the opposite side of the permit issued under § 665.801 must use vessel, in order to maintain or renew vessel from where the longline gear is only circle hooks sized 18/0 or larger, their vessel registration. being set or hauled, when seabirds are with an offset not to exceed 10 degrees, (d) An owner and an operator of a present; when shallow-setting north of the vessel registered for use under any (ii) Retain sufficient quantities of fish, Equator (0° lat.). As used in this longline permit issued under § 665.801 fish parts, or spent bait between the paragraph, an offset circle hook sized must have on board the vessel a valid setting of longline gear for the purpose 18/0 or larger is one with an outer protected species workshop certificate of strategically discharging it in diameter at its widest point no smaller issued by NMFS to the operator of the accordance with paragraph (a)(2)(i) of than 1.97 inches (50 mm) when vessel, or a legible copy thereof. this section; measured with the eye of the hook on (iii) Remove all hooks from fish, fish the vertical axis (y-axis) and § 665.815 Pelagic longline seabird parts, or spent bait prior to its discharge mitigation measures. perpendicular to the horizontal axis (x- in accordance with paragraph (a)(2)(i) of axis). As used in this paragraph, the (a) Seabird mitigation techniques. this section; allowable offset is measured from the When deep-setting or shallow-setting (iv) Remove the bill and liver of any ° barbed end of the hook, and is relative north of 23 N. lat. or shallow-setting swordfish that is caught, sever its head ° to the parallel plane of the eyed-end, or south of 23 N. lat., owners and from the trunk and cut it in half shank, of the hook when laid on its side. operators of vessels registered for use vertically and periodically discharge the (g) Any owner or operator of a vessel under a Hawaii longline limited access butchered heads and livers in registered for use under any longline permit, must either side-set according to accordance with paragraph (a)(2)(i) of permit issued under § 665.801 must use paragraph (a)(1) of this section, or fish this section; only mackerel-type bait when shallow- in accordance with paragraph (a)(2) of (v) When using basket-style longline setting north of the Equator (0° lat.). As this section. gear north of 23° N. lat., ensure that the used in this paragraph, mackerel-type (1) Side-setting. Owners and operators main longline is deployed slack to bait means a whole fusiform fish with of vessels opting to side-set under this maximize its sink rate; a predominantly blue, green or gray section must fish according to the (vi) Use completely thawed bait that back and predominantly gray, silver or following specifications: has been dyed blue to an intensity level white lower sides and belly. (i) The mainline must be deployed as specified by a color quality control card (h) Owners and operators of vessels far forward on the vessel as practicable, issued by NMFS; registered for use under a Hawaii and at least 1 m (3.3 ft) forward from the (vii) Maintain a minimum of two cans longline limited access permit may stern of the vessel; (each sold as 0.45 kg or 1 lb size) make sets only of the type (shallow- (ii) The mainline and branch lines containing blue dye on board the vessel; setting or deep-setting) indicated in the must be set from the port or the and notification to NMFS pursuant to starboard side of the vessel; (viii) Follow the requirements in § 665.803(a). (iii) If a mainline shooter is used, the paragraphs (a)(3) and (a)(4) of this (i) Vessels registered for use under mainline shooter must be mounted as section, as applicable. Hawaii longline limited access permits far forward on the vessel as practicable, (3) Deep-setting requirements. The may not be used to engage in shallow- and at least 1 m (3.3 ft) forward from the following additional requirements apply setting north of the Equator (0° lat.) any stern of the vessel; to vessels engaged in deep-setting using time during which the shallow-set (iv) Branch lines must have weights a monofilament main longline north of component of the longline fishery is with a minimum weight of 45 g (1.6 oz); 23° N. lat. that do not side-set. Owners closed pursuant to paragraph (b)(2)(ii) of (v) One weight must be connected to and operators of these vessels must do this section. each branch line within 1 m (3.3 ft) of the following: (j) Owners and operators of vessels each hook; (i) Employ a line shooter; and registered for use under a Hawaii (vi) When seabirds are present, the (ii) Attach a weight of at least 45 g (1.6 longline limited access permit may land longline gear must be deployed so that oz) to each branch line within 1 m (3.3 or possess no more than 10 swordfish baited hooks remain submerged and do ft) of the hook. from a fishing trip for which the permit not rise to the sea surface; and (4) Shallow-setting requirement. In holder notified NMFS under (vii) A bird curtain must be deployed. addition to the requirements set forth in § 665.803(a) that the vessel would Each bird curtain must consist of the paragraphs (a)(1) and (a)(2) of this engage in a deep-setting trip. following three components: a pole that section, owners and operators of vessels is fixed to the side of the vessel aft of engaged in shallow-setting that do not § 665.814 Protected species workshop. the line shooter and which is at least 3 side-set must begin the deployment of (a) Each year, both the owner and the m (9.8 ft) long; at least three main longline gear at least 1 hour after local operator of a vessel registered for use streamers that are attached at regular sunset and complete the deployment no under any longline permit issued under intervals to the upper 2 m (6.6 ft) of the later than local sunrise, using only the § 665.801 must attend and be certified pole and each of which has a minimum minimum vessel lights to conform with

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navigation rules and best safety veterinarian must be placed on the sea (i) Ownership of a vessel that was practices. surface; used to fish in the EEZ around (b) Short-tailed albatross handling (10) If the hook has been ingested or American Samoa, or techniques. If a short-tailed albatross is is inaccessible, keep the bird in a safe, (ii) Evidence of work on a fishing trip hooked or entangled by a vessel enclosed place and submit it to NMFS during which longline gear was used to registered for use under a Hawaii immediately upon the vessel’s return to harvest western Pacific pelagic MUS in longline limited access permit, owners port. Do not give the bird food or water; the EEZ around American Samoa. If the and operators must ensure that the and applicant does not possess the necessary following actions are taken: (11) Complete the short-tailed documentation of evidence of work on (1) Stop the vessel to reduce the albatross recovery data form issued by a fishing trip based on records available tension on the line and bring the bird on NMFS. only from NMFS or the Government of board the vessel using a dip net; (c) Non-short-tailed albatross seabird American Samoa (e.g., creel survey (2) Cover the bird with a towel to handling techniques. If a seabird other record or logbook), the applicant may protect its feathers from oils or damage than a short-tailed albatross is hooked or issue a request to PIRO to obtain such while being handled; entangled by a vessel registered for use records from the appropriate agencies, if (3) Remove any entangled lines from under a Hawaii longline limited access available. The applicant should provide the bird; and permit owners and operators must sufficient information on the fishing trip (4) Determine if the bird is alive or ensure that the following actions are to allow PIRO to retrieve the records. dead. taken: (2) Family means those people related (1) Stop the vessel to reduce the (i) If dead, freeze the bird immediately by blood, marriage, and formal or tension on the line and bring the seabird with an identification tag attached informal adoption. on board the vessel using a dip net; directly to the specimen listing the (c) Vessel size classes. The Regional species, location and date of mortality, (2) Cover the seabird with a towel to protect its feathers from oils or damage Administrator shall issue American and band number if the bird has a leg Samoa longline limited access permits band. Attach a duplicate identification while being handled; (3) Remove any entangled lines from in the following size classes: tag to the bag or container holding the (1) Class A: Vessels less than or equal bird. Any leg bands present must the seabird; (4) Remove any external hooks by to 40 ft (12.2 m) LOA. The maximum remain on the bird. Contact NMFS, the cutting the line as close as possible to number will be reduced as Class B–1, USCG, or the USFWS at the numbers the hook, pushing the hook barb out C–1, and D–1 permits are issued under listed on the Short-tailed Albatross point first, cutting off the hook barb paragraph (f)(5) of this section. Handling Placard distributed at the using bolt cutters, and then removing (2) Class B: Vessels over 40 ft (12.2 m) NMFS protected species workshop, the hook shank; to 50 ft (15.2 m) LOA. inform them that you have a dead short- (5) Cut the fishing line as close as (3) Class B–1: Maximum number of 14 tailed albatross on board, and submit possible to ingested or inaccessible permits for vessels over 40 ft (12.2 m) the bird to NMFS within 72 hours hooks; to 50 ft (15.2 m) LOA, to be made following completion of the fishing trip. (6) Leave the bird in a safe enclosed available according to the following (ii) If alive, handle the bird in space to recover until its feathers are schedule: accordance with paragraphs (b)(5) dry; and (i) Four permits in the first calendar through (11) of this section. (7) After recovered, release seabirds year after the Regional Administrator (5) Place the bird in a safe enclosed by placing them on the sea surface. has issued all initial permits in Classes place; (6) Immediately contact NMFS, the § 665.816 American Samoa longline A, B, C, and D (initial issuance); USCG, or the USFWS at the numbers limited entry program. (ii) In the second calendar year after listed on the Short-tailed Albatross (a) General. Under § 665.801(c), initial issuance, any unissued, Handling Placard distributed at the certain U.S. vessels are required to be relinquished, or revoked permits of the NMFS protected species workshop and registered for use under a valid first four, plus four additional permits; request veterinary guidance; American Samoa longline limited access (iii) In the third calendar year after (7) Follow the veterinary guidance permit. With the exception of initial issuance, any unissued, regarding the handling and release of reductions in permits in vessel size relinquished, or revoked permits of the the bird; Class A under paragraph (c)(1) of this first eight, plus four additional permits; (8) If the bird is externally hooked and section, the maximum number of and no veterinary guidance is received permits will be capped at the number of (iv) In the fourth calendar year after within 24–48 hours, handle the bird in initial permits actually issued under initial issuance, any unissued, accordance with paragraphs (c)(4) and paragraph (f) of this section. relinquished, or revoked permits of the (c)(5) of this section, and release the (b) Terminology. For purposes of this first 12, plus two additional permits. bird only if it meets the following section, the following terms have these (4) Class C: Vessels over 50 ft (15.2 m) criteria: meanings: to 70 ft (21.3 m) LOA. (i) Able to hold its head erect and (1) Documented participation means (5) Class C–1: Maximum number of respond to noise and motion stimuli; participation proved by, but not six permits for vessels over 50 ft (15.2) (ii) Able to breathe without noise; necessarily limited to, a properly to 70 ft (21.3 m) LOA, to be made (iii) Capable of flapping and retracting submitted NMFS or American Samoa available according to the following both wings to normal folded position on logbook, an American Samoa creel schedule: its back; survey record, a delivery or payment (i) Two permits in the first calendar (iv) Able to stand on both feet with record from an American Samoa-based year after initial issuance; toes pointed forward; and cannery, retailer or wholesaler, an (ii) In the second calendar year after (v) Feathers are dry. American Samoa tax record, an initial issuance, any unissued, (9) Any seabird that is released in individual wage record, ownership title, relinquished, or revoked permits of the accordance with paragraph (b)(8) of this vessel registration, or other official first two, plus two additional permits; section or under the guidance of a documents showing: and

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(iii) In the third calendar year after Regional Administrator, containing the permits in the Federal Register. A initial issuance, any unissued, names and mailing addresses of all complete application must include relinquished, or revoked permits of the owners, partners, and corporate officers. documented participation in the fishery first four, plus two additional permits. (2) Only permits of Class A, B, C, and in accordance with § 665.816(b)(1). The (6) Class D: Vessels over 70 ft (21.3 m) D will be made available for initial Regional Administrator shall issue LOA. issuance. Permits of Class B–1, C–1, and permits to persons according to the (7) Class D–1: Maximum number of 6 D–1, will be made available in following priority standard: permits for vessels over 70 ft (21.3 m) subsequent calendar years. (i) First priority accrues to the person LOA, to be made available according to (3) Within 30 days of receipt of a with the earliest documented the following schedule: completed application, the Assistant participation in the pelagic longline (i) Two permits in the first calendar Regional Administrator for Sustainable fishery in the EEZ around American year after initial issuance; Fisheries, PIRO, shall make a decision Samoa on a Class A sized vessel. (ii) In the second calendar year after on whether the applicant qualifies for (ii) The next priority accrues to the initial issuance, any unissued, an initial permit and will notify the person with the earliest documented relinquished, or revoked permits of the successful applicant by a dated letter. participation in the pelagic longline first two, plus two additional permits; The successful applicant must register a fishery in the EEZ around American and vessel, of the equivalent size class or Samoa on a Class B size, Class C size, (iii) In the third calendar year after smaller to which the qualifying vessel or Class D size vessel, in that order. initial issuance, any unissued, would have belonged, to the permit (iii) In the event of a tie in the priority relinquished, or revoked permits of the within 120 days of the date of the letter ranking between two or more first four, plus two additional permits. of notification, and maintain this vessel applicants, the applicant whose second (d) A vessel subject to this section registration to the permit for at least 120 documented participation in the pelagic may only be registered with an days. The successful applicant must longline fishery in the EEZ around American Samoa longline limited access also submit a supplementary American Samoa is first in time will be permit of a size class equal to or larger information sheet, obtained from the ranked first in priority. If there is still than the vessel’s LOA. Regional Administrator, containing the a tie between two or more applicants, (e) Initial permit qualification. Any name and mailing address of the owner the Regional Administrator will select U.S. national or U.S. citizen or of the vessel to which the permit is the successful applicant by an impartial company, partnership, or corporation registered. If the registered vessel is lottery. qualifies for an initial American Samoa owned by any entity other than a sole (2) Applications must be made, and longline limited access permit if the owner, the names and mailing addresses application fees paid, in accordance person, company, partnership, or of all owners, partners, and corporate with §§ 665.13(c)(1), 665.13(d), and corporation, on or prior to March 21, officers must be included. 665.13(f)(2). If the applicant is any 2002, owned a vessel that was used (4) An appeal of a denial of an entity other than a sole owner, the during the time of their ownership to application for an initial permit shall be application must be accompanied by a harvest western Pacific pelagic MUS processed in accordance with supplementary information sheet, with longline gear in the EEZ around § 665.801(o) of this subpart. obtained from the Regional American Samoa, and that fish was (5) After all appeals on initial permits Administrator, containing the names landed in American Samoa: are concluded in any vessel size class, and mailing addresses of all owners, (1) Prior to March 22, 2002; or the maximum number of permits in that partners, and corporate officers that (2) Prior to June 28, 2002, provided class shall be the number of permits comprise ownership of the vessel for that the person or business provided to issued during the initial issuance which the permit application is NMFS or the Council, prior to March 22, process (including appeals). The prepared. 2002, a written notice of intent to maximum number of permits will not (3) Within 30 days of receipt of a participate in the pelagic longline change, except that the maximum completed application, the Assistant fishery in the EEZ around American number of Class A permits will be Regional Administrator for Sustainable Samoa. reduced if Class A permits are replaced Fisheries shall make a decision on (f) Initial permit issuance. by B–1, C–1, or D–1 permits under whether the applicant qualifies for a (1) Any application for issuance of an paragraph (h) of this section. Thereafter, permit and will notify the successful initial permit must be submitted to if any Class A, B, C, or D permit applicant by a dated letter. The PIRO no later than 120 days after the becomes available, the Regional successful applicant must register a effective date of this final rule. The Administrator shall re-issue that permit vessel of the equivalent vessel size or Regional Administrator shall publish a according to the process set forth in smaller to the permit within 120 days of notice in the Federal Register, send paragraph (g) of this section. the date of the letter of notification. The notices to persons on the American (g) Additional permit issuance. successful applicant must also submit a Samoa pelagics mailing list, and use (1) If the number of permits issued in supplementary information sheet, other means to notify prospective Class A, B, C, or D, falls below the obtained from the Regional applicants of the availability of permits. maximum number of permits, the Administrator, containing the name and Applications for initial permits must be Regional Administrator shall publish a mailing address of the owner of the made, and application fees paid, in notice in the Federal Register, send vessel to which the permit is registered. accordance with §§ 665.13(c)(1), 665.13 notices to persons on the American If the registered vessel is owned by any (d), and 665.13 (f)(2). A complete Samoa pelagics mailing list, and use entity other than a sole owner, the application must include documented other means to notify prospective names and mailing addresses of all participation in the fishery in applicants of any available permit(s) in owners, partners, and corporate officers accordance with § 665.816(b)(1). If the that class. Any application for issuance must be included. If the successful applicant is any entity other than a sole of an additional permit must be applicant fails to register a vessel to the owner, the application must be submitted to PIRO no later than 120 permit within 120 days of the date of accompanied by a supplementary days after the date of publication of the the letter of notification, the Assistant information sheet obtained from the notice on the availability of additional Regional Administrator for Sustainable

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Fisheries shall issue a letter of (i) Permit transfer. The holder of an (1) Use requirements. An American notification to the next person on the American Samoa longline limited access Samoa longline limited access permit priority list or, in the event that there permit may transfer the permit to will not be renewed following 3 are no more prospective applicants on another individual, partnership, consecutive calendar years (beginning the priority list, re-start the issuance corporation, or other entity as described with the year after the permit was process pursuant to paragraph (g)(1) of in this section. Applications for permit issued in the name of the current permit this section. Any person who fails to transfers must be submitted to the holder) in which the vessel(s) to which register the permit to a vessel under this Regional Administrator within 30 days it is registered landed less than: paragraph (g)(3) within 120 days shall of the transfer date. If the applicant is (i) For permit size Classes A or B: a not be eligible to apply for a permit for any entity other than a sole owner, the total of 1,000 lb (455 kg) of western 6 months from the date those 120 days application must be accompanied by a Pacific pelagic MUS harvested in the expired. supplementary information sheet, EEZ around American Samoa using (4) An appeal of a denial of an obtained from the Regional longline gear, or application for a permit shall be Administrator, containing the names (ii) For permit size Classes C or D: a processed in accordance with and mailing addresses of all owners, § 665.801(o). total of 5,000 lb (2,273 kg) of western partners, and corporate officers. After Pacific pelagic MUS harvested in the (h) Class B–1, C–1, and D–1 Permits. such an application has been made, the (1) Permits of Class B–1, C–1, and D– EEZ around American Samoa using permit is not valid for use by the new longline gear. 1 will be initially issued only to persons permit holder until the Regional who hold a Class A permit and who, Administrator has issued the permit in (2) [Reserved] prior to March 22, 2002, participated in the new permit holder’s name under (k) Concentration of ownership of the pelagic longline fishery around § 665.13(c). permits. No more than 10 percent of the American Samoa. (1) Permits of all size classes except maximum number of permits, of all size (2) The Regional Administrator shall Class A. An American Samoa longline classes combined, may be held by the issue permits to persons for Class B–1, limited access permit of any size class same permit holder. Fractional interest C–1, and D–1 permits based on each except Class A may be transferred (by will be counted as a full permit for the person’s earliest documented sale, gift, bequest, intestate succession, purpose of calculating whether the 10– participation, with the highest priority barter, or trade) to the following persons percent standard has been reached. given to that person with the earliest only: (l) Three year review. Within 3 years date of documented participation. (i) A western Pacific community of the effective date of this final rule, the (3) A permit holder who receives a located in American Samoa that meets Council shall consider appropriate Class B–1, C–1, or D–1 permit must the criteria set forth in § 305(I)(2) of the revisions to the American Samoa relinquish his or her Class A permit and Magnuson-Stevens Act, 16 U.S.C. limited entry program after reviewing that permit will no longer be valid. The § 1855(I)(2), and its implementing the effectiveness of the program with maximum number of Class A permits regulations, or respect to its biological and will be reduced accordingly. (ii) Any person with documented socioeconomic objectives, concerning (4) Within 30 days of receipt of a participation in the pelagic longline gear conflict, overfishing, enforceability, completed application for a Class B–1, fishery in the EEZ around American compliance, and other issues. C–1, and D–1 permit, the Regional Samoa. Administrator shall make a decision on (2) Class A Permits. An American § 665.817 American Samoa pelagic fishery whether the applicant qualifies for a Samoa longline limited access permit of area management. permit and will notify the successful Class A may be transferred (by sale, gift, (a) Large vessel prohibited areas. A applicant by a dated letter. The bequest, intestate succession, barter, or large vessel of the United States may not successful applicant must register a trade) to the following persons only: be used to fish for western Pacific vessel of the equivalent vessel size or (i) A family member of the permit pelagic MUS in the American Samoa smaller to the permit within 120 days of holder, large vessel prohibited areas as defined the date of the letter of notification. The (ii) A western Pacific community in paragraphs (b) and (c) of this section, successful applicant must also submit a located in American Samoa that meets except as allowed pursuant to an supplementary information sheet, the criteria set forth in § 305(I)(2) of the exemption issued under § 665.818. obtained from the Regional Magnuson-Stevens Act, 16 U.S.C. 1855, (b) Tutuila Island, Manu’a Islands, Administrator, containing the name and and its implementing regulations, or and Rose Atoll (AS–1). The large vessel mailing address of the owner of the (iii) Any person with documented prohibited area around Tutuila Island, vessel to which the permit is registered. participation in the pelagic longline the Manu’a Islands, and Rose Atoll If the registered vessel is owned by any fishery on a Class A size vessel in the consists of the waters of the EEZ around entity other than a sole owner, the EEZ around American Samoa prior to American Samoa enclosed by straight names and mailing addresses of all March 22, 2002. lines connecting the following owners, partners, and corporate officers (3) Class B–1, C–1, and D–1 Permits. coordinates: must be included. Class B–1, C–1, and D–1 permits may (5) An appeal of a denial of an not be transferred to a different owner Point S. lat. W. long. application for a Class B–1, C–1, or D– for 3 years from the date of initial 1 permit shall be processed in issuance, except by bequest or intestate AS–1–A ...... 13°30′ 167°25′ accordance with § 665.801(o). succession if the permit holder dies AS–1–B ...... 15°13′ 167°25′ (6) If a Class B–1, C–1, or D–1 permit during those 3 years. After the initial 3 is relinquished, revoked, or not renewed years, Class B–1, C–1, and D–1 permits and from Point AS–1–A westward along the ° ′ pursuant to paragraph (j)(1) of this may be transferred only in accordance latitude 13 30 S. until intersecting the U.S. section, the Regional Administrator with the restrictions in paragraph (i)(1) EEZ boundary with Samoa, and from Point shall make that permit available AS–1–B westward along the latitude of this section. 15°13′ S. until intersecting the U.S. EEZ according to the procedure described in (j) Permit renewal and registration of boundary with Samoa. paragraph (g) of this section. vessels.

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(c) Swains Island (AS–2). The large vessel to use that vessel to fish for prior to November 13, 1997, or for a vessel prohibited area around Swains western Pacific pelagic MUS in the replacement vessel of equal or smaller Island consists of the waters of the EEZ American Samoa large vessel prohibited LOA than the vessel that was initially around American Samoa enclosed by management areas, if the person seeking registered for use with a Western Pacific straight lines connecting the following the exemption had been the owner of general longline permit on or prior to coordinates: that vessel when it was registered for November 13, 1997. use with a Western Pacific general (d) An exemption is valid only for the Point S. lat. W. long. longline permit, and has made at least vessel for which it is registered. An one landing of western Pacific pelagic exemption not registered for use with a AS–2–A ...... 11°48′ 171°50′ MUS in American Samoa on or prior to particular vessel may not be used. AS–2–B ...... 11°48′ 170°20′ November 13, 1997. (b) A landing of western Pacific (e) An exemption may not be and from Point AS–2–A northward along the transferred to another person. ° ′ pelagic MUS for the purpose of this longitude 171 50 W. until intersecting the section must have been properly (f) If more than one person, e.g., a U.S. EEZ boundary with Tokelau, and from partnership or corporation, owned a Point AS–2–B northward along the lon- recorded on a NMFS Western Pacific gitude 170°20′ W. until intersecting the Federal daily longline form that was large vessel when it was registered for U.S. EEZ boundary with Tokelau. submitted to NMFS, as required in use with a Western Pacific general § 665.14. longline permit and made at least one (c) An exemption is valid only for a landing of western Pacific pelagic MUS § 665.818 Exemptions for American Samoa large vessel prohibited areas. vessel that was registered for use with in American Samoa on or prior to a Western Pacific general longline November 13, 1997, an exemption (a) An exemption will be issued to a permit and landed western Pacific issued under this section will be issued person who currently owns a large pelagic MUS in American Samoa on or to only one person.

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[FR Doc. E9–30972 Filed 1–13–10; 8:45 am] BILLING CODE 3510–22–C

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Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for Bull Trout in the Coterminous United States; Proposed Rule

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DEPARTMENT OF THE INTERIOR Public Hearing: We will hold a public 378-5243; facsimile 208-378-5262. If you hearing in Boise, Idaho on February 25, use a telecommunications device for the Fish and Wildlife Service 2010, from 7 p.m. to 9 p.m.; and public deaf (TDD), call the Federal Information meetings in: Relay Service (FIRS) at 800-877-8339. 50 CFR Part 17 • Bend, Oregon on February 2, 2010, SUPPLEMENTARY INFORMATION: 5:30 p.m. to 7:30 p.m.; [Docket No. FWS-R1-ES-2009-0085] • [[MO 92210-0-0009] Chiloquin, Oregon on February 3, Public Comments 2010, 6 p.m. to 8 p.m.; We intend that any final action [RIN 1018-AW88] • LaGrande, Oregon on February 4, resulting from this proposed rule will be 2010, 5:30 p.m. to 7:30 p.m.; Endangered and Threatened Wildlife based on the best scientific and • Post Falls, Idaho on February 11, and Plants; Revised Designation of commercial data available and be as 2010, 4 p.m. to 7 p.m.; Critical Habitat for Bull Trout in the accurate and as effective as possible. • Missoula, Montana on February 16, Coterminous United States Therefore, we request comments or 2010, 3 p.m. to 8 p.m.; information from the public, other • Elko, Nevada on February 17, 2010, AGENCY: Fish and Wildlife Service, concerned government agencies, the 5 p.m. to 7 p.m.; Interior. scientific community, industry, or other • Wenatchee, Washington on February ACTION: Proposed rule, announcement of interested parties concerning this 23, 2010, 6 p.m. to 8 p.m.; and public hearing, and announcement of proposed rule. Verbal testimony or • Boise, Idaho on February 25, 2010, 4 availability of draft economic analysis. written comments may also be p.m. to 6 p.m. presented during the public hearing (see SUMMARY: We, the U.S. Fish and ADDRESSES: You may submit comments the Public Hearing section below for Wildlife Service (Service), propose to by one of the following methods: • more information). We will consider revise the designation of critical habitat Federal eRulemaking Portal: http:// information and recommendations from for the bull trout (Salvelinus www.regulations.gov. Search for docket all interested parties. We particularly confluentus) under the Endangered FWS-R1-ES-2009-0085 and then follow seek comments concerning: Species Act of 1973, as amended. In the instructions for submitting (1) The reasons why we should or total, approximately 36,498 kilometers comments. should not designate habitat as ‘‘critical • (km) (22,679 miles (mi)) of streams U.S. mail or hand-delivery: Public habitat’’ under section 4 of the (which includes 1,585.7 km (985.30 mi) Comments Processing, Attn: FWS-R1- Endangered Species Act of 1973, as of marine shoreline area in the Olympic ES-2009-0085; Division of Policy and amended (Act) (16 U.S.C. 1531 et seq.), Peninsula and Puget Sound), and Directives Management; U.S. Fish and including whether there are threats to 215,870 hectares (ha) (533,426 acres Wildlife Service; 4401 N. Fairfax Drive, the species from human activity, the (ac)) of reservoirs or lakes are being Suite 222; Arlington, VA 22203. • degree to which threats can be expected proposed for the revised critical habitat Public Hearing: We will hold the to increase due to the designation, and designation. The revised proposed public hearing at Boise Centre on the whether that increase in threat critical habitat is located in Adams, Grove, 850 W. Front Street, Boise, outweighs the benefit of designation; Benewah, Blaine, Boise, Bonner, Idaho. (2) Specific information on: • Boundary, Butte, Camas, Canyon, Public Meetings: We will hold the • The amount and distribution of bull Clearwater, Custer, Elmore, Gem, Idaho, public meetings at: trout habitat, Kootenai, Lemhi, Lewis, Nez Perce, o Hollingshead Barn, 1235 NE Jones • What areas occupied at the time of Owyhee, Shoshone, Valley, and Road, Bend Oregon; listing that contain features essential to Washington counties in Idaho; Deer o Chiloquin Community Center, 140 the conservation of the species should Lodge, Flathead, Glacier, Granite, Lake, S. 1st Street, Chiloquin, Oregon; be included in the designation and why, Lewis and Clark, Lincoln, Mineral, o Blue Mountain Conference Center, • Special management considerations Missoula, Powell, Ravalli, and Sanders 404 12th Street, la Grande, Oregon; or protections that the features essential counties in Montana; Baker, Clatsop, o Red Lion Templins Inn, 414 East 1st to the conservation of the bull trout that Columbia, Deschutes, Gilliam, Grant, Avenue, Post Falls, Idaho; have been identified in this proposal Harney, Hood River, Jefferson, Klamath, o Montana Fish, Wildlife, and Parks may require, including managing for the Lake, Lane, Linn, Malheur, Morrow, Headquarters, 3201 Spurgin Road, potential effects of climate change, and Multnomah, Sherman, Umatilla, Union, Missoula, Montana; • What areas not occupied at the time Wallowa, Wasco, and Wheeler counties o Elko Convention Center, Gold Room, of listing are essential to the in Oregon; Asotin, Benton, Chelan, 700 Moren Way, Elko, Nevada; conservation of the species and why; Clallam, Clark, Columbia, Cowlitz, o Wenatchee-Okanogan National (3) Land use designations and current Douglas, Franklin, Garfield, Grant, Forest Headquarters, 215 Melody Lane, or planned activities in the areas Grays Harbor, Island, Jefferson, King, Wenatchee, Washington; and occupied by the species, and their Kittitas, Klickitat, Mason, Okanogan, o Boise Centre on the Grove, 850 W. possible impacts on proposed critical Pend Oreille, Pierce, Skagit, Skamania, Front Street, Boise, Idaho. habitat; Snohomish, Thurston, Wahkiakum, We will post all comments on http:// (4) Any foreseeable economic, Walla Walla, Whatcom, Whitman, and www.regulations.gov. This generally national security, or other relevant Yakima counties in Washington; and means that we will post any personal impacts of designating any area that Elko county, Nevada. information you provide us (see the may be included in the final DATES: Written Comments: We will Public Comments section below for designation. We are particularly accept comments received or more information). interested in any impacts on small postmarked on or before March 15, FOR FURTHER INFORMATION CONTACT: Jeff entities, and the benefits of including or 2010. Because of the anticipated interest Foss, Field Supervisor, U.S. Fish and excluding areas that exhibit these in this proposed designation, we are Wildlife Service, Idaho Fish and impacts; planning on holding a public hearing Wildlife Office, 1387 South Vinnell (5) Whether the benefits of excluding and several public meetings. Way, Boise, ID 83702; telephone 208- any particular area from critical habitat

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outweigh the benefits of including that (8) Specific information on areas of (14) We have organized the Primary area as critical habitat under section habitat that were historically occupied, Constituent Elements (PCEs) of bull 4(b)(2) of the Act, after considering the or areas for which we have limited trout critical habitat based on the life- potential impacts and benefits of the evidence of occupancy, which we do history needs of the species. We are proposed critical habitat designation. not consider to be essential to the considering reorganizing the PCEs in Under section 4(b)(2) of the Act, we may conservation of the species in this order to improve clarity, into broad exclude an area from critical habitat if proposed rule. These areas include habitat attributes (water bodies and we determine that the benefits of such Okanogan River; Lake Chelan and migratory corridors), and identify exclusion outweigh the benefits of Stehekin River; west side tributaries to specific needs of bull trout within these including that particular area as critical Hood Canal (e.g., Dosewallips River, broad categories. This approach would habitat, unless failure to designate that Duckabush River, Quilcene River); and likely require repetition of specific specific area as critical habitat will Willapa River; features, but may be more result in the extinction of the species. (9) Specific information on areas understandable by making clear the We request specific information on: believed to be unoccupied in the relationships between the needs of the • The benefits of including specific Klamath River basin, but essential for species and the specific locations where areas in the final designation and FMO habitat; those needs are provided. We request supporting rationale, (10) Specific information as to comments on whether this • The benefits of excluding specific whether the six recovery units reorganization would improve clarity of areas from the final designation and identified in the ‘‘Critical Habitat the PCEs. supporting rationale, and Background’’ section accurately reflect (15) Whether we could improve or • Whether any specific exclusions the conservation needs of bull trout; modify our approach to designating may result in the extinction of the (11) Information on the projected and critical habitat in any way to provide for species and why (see Exclusions section reasonably likely impacts of climate greater public participation and below). change on bull trout, and any special understanding, or to better (6) Whether our exemptions under management needs or protections that accommodate public concerns and section 4(a)(3)(B) of the Act of the lands may be needed in the critical habitat comments; and (16) Specific information on ways to on Department of Defense (DOD) land at areas we are proposing. improve the clarity of this rule as it the Bayview Acoustic Research (12) Information on the extent to pertains to completion of consultations Detachment (ARD) Naval Surface which the description of potential under section 7 of the Endangered Warfare Center, Bayview Idaho; Naval economic impacts in the DEA is Species Act. Radio Station Jim Creek in western complete and accurate, and specifically: • You may submit your comments and Washington; Naval Station Everett in Whether regulatory protections and materials concerning this proposed rule western Washington; Naval Air Station conservation activities already being by one of the methods listed in the Whidbey Island in western Washington, implemented for salmon, steelhead, bull ADDRESSES section. and U.S. Army Fort Lewis Installation trout , other species, or other concerns We will post your entire comment— in western Washington, are or are not (e.g., water quality) in areas proposed as including your personal identifying appropriate, and why; critical habitat are appropriate to information—on http:// (7) Specific information on the include as baseline costs (e.g., costs that www.regulations.gov. If you provide following areas considered to be would occur regardless of critical personal identifying information, in essential to the conservation of the habitat designation for bull trout) for addition to the required items specified species: purposes of our economic analysis, and in the previous paragraphs, such as your • Mainstem and tributary habitats if not, why not; street address, phone number, or e-mail within the White Salmon River Critical • Whether there are incremental costs address, you may request at the top of Habitat Subunit (CHSU) that are of critical habitat designation (e.g., costs your document that we withhold this believed to be unoccupied, but which attributable solely to critical habiatat information from public review. are considered essential for providing designation) that have not been However, we cannot guarantee that we foraging, migration, and overwintering appropriately identified or considered will be able to do so. (FMO) habitat or spawning and rearing in our economic analysis, including Comments and materials we receive, areas to reestablish a population within costs associated with future as well as supporting documentation we this system; administrative costs or project used in preparing this proposed rule, • Unoccupied tributaries within the modifications that may be required by will be available for public inspection Lake Pend Oreille, Pend Oreille River, Federal agencies related to section 7 on http://www.regulations.gov, or by and lower Priest River CHSU that are consultation under the Act; appointment, during normal business considered essential for providing • Whether there are incremental hours, at the U.S. Fish and Wildlife spawning and rearing areas to economic benefits of critical habitat Service, Idaho Fish and Wildlife Office reestablish a population within the designation that have not been (see FOR FURTHER INFORMATION CONTACT). Pend Oreille River; and appropriately identified or considered We are holding a public hearing on • Areas of mainstem habitat in the in our economic analysis. the date listed in the DATES section at Yakima River (Yakima River Critical (13) Information on whether existing the address listed in the ADDRESSES Habitat Unit (CHU)) and Touchet River special management considerations or section. We are holding this public (Walla Walla River Basin CHU) for protections being implemented in areas hearing to provide interested parties an which we have limited or no designated as critical habitat for salmon opportunity to present verbal testimony documented evidence of occupancy, but by the National Marine Fisheries (formal, oral comments) or written which are currently believed to be Service (NOAA Fisheries) are adequate comments regarding the proposed essential for providing connectivity to for conserving essential bull trout critical habitat designation and the the mainstem Columbia River and Walla habitat where proposed bull trout associated Draft Economic Analysis. An Walla River, respectively, for the fluvial critical habitat overlaps, and if not, why informational session will precede the life-history form; not. hearing from 4 p.m. to 6 p.m. During

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this session, Service biologists will be distribution of populations, however, is bull trout throughout the conterminous available to provide information and scattered and patchy (Goetz 1989, p. 4; United States. After consulting with address questions on the proposed rule Ziller 1992, p. 6; Rieman and McIntyre biologists from states, Federal agencies, in advance of the formal hearing. 1993, p. 3; Light et al. 1996, p. 44; and Native American tribes, and People needing reasonable Quigley and Arbelbide 1997, p. 1176). applying the best scientific information accommodations in order to attend and Bull trout exhibit a number of life- available, we identified six recovery participate in the public hearings history strategies. Stream-resident bull units for bull trout in the conterminous should contact Jeff Foss, Idaho Fish and trout complete their entire life cycle in United States. Please refer to the Wildlife Office, at 208-378-5243 as soon the tributary streams where they spawn ‘‘Critical Habitat’’ section below for as possible (see FOR FURTHER and rear. Most bull trout are migratory, additional information on this topic. INFORMATION CONTACT section). In order spawning in tributary streams where Previous Federal Actions to allow sufficient time to process juvenile fish usually rear from one to requests, please call no later than one four years before migrating to either a On November 29, 2002, we proposed week before the hearing date. larger river (fluvial) or lake (adfluvial) to designate critical habitat for the We are also holding public meetings where they spend their adult life, Klamath River and Columbia River bull on the dates listed in the DATES section returning to the tributary stream to trout populations (67 FR 71235). On at the addresses listed in the ADDRESSES spawn (Fraley and Shepard 1989, p. October 6, 2004, we finalized the critical section. During the public meetings, 133). Resident and migratory forms may habitat designation for the Klamath Service biologists will be available to be found together, and either form can River and Columbia River bull trout provide information and address produce resident or migratory offspring populations (69 FR 59995). On June 25, questions on the proposed rule. (Rieman and McIntyre 1993, p. 2). 2004, we proposed to designate critical However, we will not accept verbal Bull trout, coastal cutthroat trout habitat for the Jarbidge, Coastal–Puget testimony at these public meetings. (Oncorhynchus clarki clarki), Pacific Sound, and Saint Mary–Belly River bull Information regarding this notice is salmon (Oncorhynchus spp.), and some trout populations (69 FR 35767). On available in alternative formats upon other species are commonly referred to September 26, 2005, we designated request. as anadromous (fish that can migrate critical habitat for the Klamath River, from saltwater to freshwater to Columbia River, Jarbidge River, Coastal– Background reproduce). However, bull trout, coastal Puget Sound, and Saint Mary–Belly It is our intent to discuss only those cutthroat trout, and some other species River populations of bull trout (70 FR topics directly relevant to the that enter the marine environment are 56212). Please refer to the above- designation of critical habitat in this more properly termed amphidromous. mentioned rules for a detailed summary proposed rule. For further information Unlike strictly anadromous species, of previous Federal actions completed on the bull trout biology and habitat, such as Pacific salmon, amphidromous prior to publication of this proposed population abundance and trend, species often return seasonally to fresh rule. distribution, demographic features, water as subadults, sometimes for On January 5, 2006, a complaint was habitat use and conditions, threats, and several years, before returning to spawn filed in Federal district court by the conservation measures, please see the (Wilson 1997, p. 5). The amphidromous Alliance for the Wild Rockies, Inc. and Bull Trout 5-year Review Summary and life-history form of bull trout is unique Friends of the Wild Swan, alleging the Evaluation, completed April 25, 2008. to the Coastal–Puget Sound population Service failed to designate adequate This document is available on the Idaho (64 FR 58921; November 1, 1999). For critical habitat, failed to rely on the best Fish and Wildlife Office web site at additional information on the biology of scientific and commercial data http://ecos.fws.gov/docs/ this life form, see our June 25, 2004, available, failed to consider the relevant five_year_review/doc1907.pdf. proposed critical habitat designation for factors that led to listing, and failed to the Jarbidge River, Coastal–Puget properly assess the economic benefits Description, Distribution, Habitat and Sound, and Saint Mary–Belly River and costs of critical habitat designation. Recovery populations of bull trout (69 FR 35767). Other allegations included an Bull trout have more specific habitat The decline of bull trout is primarily inadequate analysis and the unlawful requirements than most other salmonids due to habitat degradation and use of exclusions. On March 23, 2009, (Rieman and McIntyre 1993, p. 4). fragmentation, blockage of migratory the Service provided notice to the U.S. Habitat components that particularly corridors, poor water quality, past District Court for the District of Oregon influence their distribution and fisheries management practices, that we would seek remand of the final abundance include water temperature, impoundments, dams, water diversions, critical habitat rule for bull trout based cover, channel form and stability, and the introduction of nonnative on the findings of an Investigative spawning and rearing substrate species (63 FR 31647; June 10, 1998; 64 Report by the Department of the Interior conditions, and migratory corridors FR 17112; April 8, 1999). Finalization of Inspector General (USDI 2008, pp. 10– (Fraley and Shepard 1989, p. 138; Goetz the 2002 draft recovery plan was held in 38). On July 1, 2009, the court granted 1989, p. 19; Watson and Hillman 1997, abeyance pending completion of the 5– our request for a voluntary remand of p. 247). This proposed rule identifies year review process, and was also the 2005 final rule and directed the those physical and biological features affected by resource demands associated Service to submit a new proposed rule essential to bull trout conservation. with the litigation discussed below. The to the Federal Register by December 31, Bull trout are members of the char bull trout 5–year review (Service 2008, 2009, and to submit a final decision on subgroup of the family Salmonidae and p. 45) recommended that the recovery that proposed rule to the Federal are native to waters of western North units identified in the 2002 draft Register by September 30, 2010 America. Bull trout range throughout recovery plan be updated throughout (Alliance for the Wild Rockies v. Allen, the Columbia River and Snake River their range based on assemblages of bull 2009 U.S. Dist. LEXIS 63122 (D. Or., basins, extending east to headwater trout core areas (metapopulations or July 1, 2009)). The court directed that streams in Montana and Idaho, into interacting breeding populations) that the existing critical habitat rule shall Canada, and in the Klamath River basin retain genetic and ecological integrity remain in effect until completion of the of south-central Oregon. The and are significant to the distribution of remanded decision.

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Summary of Changes from Previously November 29, 2002, proposed and refined information on the Designated Critical Habitat designation for the Klamath River and importance of certain habitats, we are Approximately 36,498 km (22,679 mi) Columbia River bull trout populations proposing to designate 3 percent more of streams (which includes 1,585.7 km (67 FR 71235) and the June 25, 2004, critical habitat in streams (measured on (985.3 mi) of marine shoreline area, and proposed designation for the Jarbidge, a linear basis) and 10 percent less 215,870 ha (533,426 ac) of reservoirs or Coastal–Puget Sound, and Saint Mary– critical habitat in lakes and reservoirs lakes) are being proposed as revised Belly River bull trout populations (69 (measured by area) than were proposed critical habitat in this rule. Areas that FR 35767) are identified in Table 1 in the combined 2002 and 2004 were proposed as critical habitat in the below. Based on better occupancy data proposed rules.

TABLE 1.—EXTENT OF PROPOSED BULL TROUT CRITICAL HABITAT IN THE COMBINED 2002 AND 2004 PROPOSED RULES (67 FR 71235; 69 FR 35767)

Stream length Lakes, Reservoirs and Marshes Marine shoreline Bull Trout States Population km mi ha ac km mi

Klamath DPS...... 476 296 13,735 33,939 ...... OR Columbia River DPS (CDPS) ...... 14,416 8,958 83,219 205,639 ...... ID CDPS ...... 5,341 3,319 88,051 217,577 ...... MT CDPS ...... 5,460 3,391 18,077 44,670 ...... OR CDPS ...... 4,034 2,507 12,503 30,897 ...... WA Jarbidge ...... 211 131 ...... ID/NV Coastal–Puget Sound ...... 3,685 2,290 21,262 52,540 1,585 985 WA St. Mary–Belly...... 142 88 2,548 6,295 ...... MT

Total ...... 33,765 20,980 239,395 591,577 1,585 985

This proposed rule differs from the critical habitat under section 4(b)(2) of conservation actions for the species. September 26, 2005, final critical habitat the Act (70 FR 56232). These areas Therefore, in this proposed rule, we are designation for bull trout (70 FR 56212) included several DOD facilities; certain asking for specific information regarding in the following ways: Tribal lands; Nisqually National whether the effects of these actions are In the 2005 final rule, we designated Wildlife Refuge lands; lands subject to such that the benefits of excluding these approximately 6,161 km (3,828 mi) of Habitat Conservation Plans (HCPs); particular areas from critical habitat streams and 57,9578 ha (143,218 ac) of lands subject to Federal or State outweigh the benefits of including these lakes in Idaho, Montana, Oregon, and management plans (including PACFISH, area as critical habitat under section Washington; and 1,585 km (985 mi) of INFISH, Interior Columbia Basin 4(b)(2) of the Act (see ‘‘Application of shoreline paralleling marine habitat in Ecosystem Management Project, Section 4(b)(2) of the Act’’ below). Washington as critical habitat (70 FR Northwest Forest Plan, Southwest Idaho In addition, we are exempting several 56212). No critical habitat was Land and Resource Management Plan, DOD facilities under section 4(a)(3) of designated in the Jarbidge River basin Southeast Oregon Resource the Act based on existing Integrated (70 FR 56249–56251). In this rule, we Management Plan, Federal Columbia Natural Resource Management Plans are proposing to designate 36,498 km River Power System, Snake River Basin that provide a benefit to bull trout, and (22,679 mi) of streams (which includes Adjudication); waters impounded we are considering excluding certain 1,585.7 km (985.3 mi) of marine behind dams; and all lands that were non-Federal lands under section 4(b)(2) shoreline area in the Olympic Peninsula proposed as critical habitat in the of the Act based on other conservation and Puget Sound), and 215,870 ha Jarbidge River in Nevada. management considerations (see (533,426 ac) of lakes and reservoirs as ‘‘Exemptions under Section 4(a)(3) of the critical habitat, which includes 266.9 Federal agencies have an independent Act’’ and ‘‘Application of Section 4(b)(2) km (165.9 mi) of streams in the Jarbidge responsibility under section 7(a)(1) of of the Act’’ below). We are also River basin. the Act to use their programs in In the 2005 final rule, we did not furtherance of the Act and to utilize proposing to designate 266.9 km (165.9 designate any unoccupied critical their authorities to carry out programs mi) of streams in the Jarbidge River habitat because the Secretary concluded for the conservation of endangered and basin. that it was not possible to make a threatened species. We consider the Two economic analyses related to determination that such lands were development and implementation of previous bull trout critical habitat essential to the conservation of the land management plans by Federal proposed rules were prepared in 2004 species (70 FR 56232). In this rule, we agencies to be consistent with this and 2005, which followed a co- are proposing to designate 1,495 km statutory obligation under section extensive analytical approach, (929 mi) of streams (four percent of the 7(a)(1) of the Act. For this reason, consistent with recent court rulings. total) that are outside the geographical Federal land management plans, in and Those analyses considered conservation area occupied by the species at the time of themselves, are generally not an and protection activities for bull trout, it was listed that have been determined appropriate basis for excluding essential without distinguishing between impacts to be essential for the conservation of habitat, thus this rule does not propose associated with listing the species and the species. to exclude any Federal lands under those associated with the designation of In the 2005 rule, a variety of areas section 4(b)(2) of the Act. However, in critical habitat. The economic analysis were exempted from critical habitat some areas, Federal land management prepared for this proposed rule does not designation under section 4(a)(3) of the agencies actively manage for bull trout follow the coextensive analytical Act or excluded from designation as and its habitat and conduct specific approach, and differentiates between

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baseline and incremental economic previously understood. All areas known recovery, or enhancement measures by impacts. Under this approach, because to contain the most important bull trout the landowner. Where a landowner of the conservation measures already in habitat and PCEs, or that may be seeks or requests Federal agency place for salmon, steelhead, the Klamath unoccupied but essential to their funding or authorization for an action suckers, and other protected fish conservation, are proposed in this rule. that may affect a listed species or species, our analysis indicates that the Copies of the previous proposed and critical habitat, the consultation incremental economic impact in areas final bull trout critical habitat rules and requirements of section 7(a)(2) would occupied by bull trout will be small, a map showing the relationship of the apply but even in the event of a and the most significant incremental 2005 final rule and this proposed rule destruction or adverse modification effect will be in those areas not are available on the Idaho Fish and finding, the Federal action agency’s and currently occupied (less than four Wildlife Office web site at http:// the applicant’s obligation is not to percent of the areas being proposed as www.fws.gov/pacific/bulltrout. restore or recover the species, but to critical habitat). The majority of forecast implement reasonable and prudent incremental costs are associated with Critical Habitat alternatives to avoid destruction or unoccupied critical habitat in the Upper Background adverse modification of critical habitat. Willamette River Basin and are For inclusion in a critical habitat Critical habitat is defined in section 3 associated with conservation efforts designation, habitat within the of the Act as: undertaken at flood control facilities. geographical area occupied by the (1) The specific areas within the The discussion under ‘‘Draft Economic species at the time it was listed must geographical area occupied by the Analysis’’ below provides additional contain the physical and biological species, at the time it is listed in information in this regard. features that are essential to the The PCEs in this rule are similar to accordance with the Act, on which are conservation of the species, and be those described in the 2005 final found those physical or biological included only if those features may designation (70 FR 56236); however, we features require special management are proposing an additional PCE related (a) essential to the conservation of the considerations or protection. Critical to the presence of nonnative fish that species, and habitat designations identify habitat may prey on, compete with, or inbreed (b) which may require special areas that provide essential life cycle with, bull trout. In addition, we are management considerations or needs of the species (areas on which are considering reorganizing the PCEs, as protection; and found the physical and biological noted above, into broad habitat (2) specific areas outside the features (PBFs) laid out in the attributes (water bodies and migratory geographical area occupied by the appropriate quantity and spatial corridors), and identify specific needs of species at the time it is listed, upon a arrangement for the conservation of the bull trout within these broad categories. determination that such areas are species), based on the best scientific This reorganization would keep all of essential for the conservation of the data available. Under the regulation at the PCEs presented in this proposal species. 50 CFR 424.12(e), we can designate intact, but organizing them in such a Conservation, as defined under critical habitat in areas outside the way as to show the most important section 3 of the Act, means the use of geographical area occupied by the broad categories first, and then breaking all methods and procedures that are species at the time it is listed only when them down into specific descriptions. necessary to bring an endangered or we determine that those areas are A small proportion of critical habitat threatened species to the point at which essential for the conservation of the designated in the 2005 final rule is not the measures provided pursuant to the species and that designation limited to being proposed as critical habitat in this Act are no longer necessary. Such those areas occupied at the time of revision. These areas include streams methods and procedures include, but listing would be inadequate to ensure and lakes determined either not to are not limited to, all activities the conservation of the species. When include bull trout or any of their PCEs, associated with scientific resources the best available scientific data do not or not to be essential to their management such as research, census, demonstrate that the conservation needs conservation. For example, Sycan Marsh law enforcement, habitat acquisition of the species require such additional in the Klamath River basin no longer and maintenance, propagation, live areas, we will not designate critical holds enough water to support bull trapping, and transplantation, and, in habitat in areas outside the geographical trout, so we propose the stream the extraordinary case where population area occupied by the species at the time channels through the marsh as critical pressures within a given ecosystem of listing. An area currently occupied by habitat, allowing connectivity among cannot be otherwise relieved, may the species but that was not occupied at populations, instead of the entire marsh. include regulated taking. the time of listing may, however, be The remainder of the areas designated Critical habitat receives protection essential to the conservation of the in the 2005 final rule would remain under section 7 of the Act through the species and may be included in the designated as critical habitat if this prohibition against Federal agencies critical habitat designation. proposed revision is finalized. A carrying out, funding, or authorizing the Section 4 of the Act requires that we similarly small proportion of habitat destruction or adverse modification of designate critical habitat on the basis of proposed in this rule was not designated critical habitat. Section 7(a)(2) of the Act the best scientific and commercial data in the 2005 final rule. These areas requires consultation on Federal actions available. Further, our Policy on include streams and lakes since that may affect critical habitat. The Information Standards Under the determined to be occupied by bull trout, designation of critical habitat does not Endangered Species Act (published in to provide one or more PCEs, or as affect land ownership or establish a the Federal Register on July 1, 1994 (59 essential to their conservation. For refuge, wilderness, reserve, preserve, or FR 34271)), the Information Quality Act example, the mainstem Columbia River other conservation area. Such (section 515 of the Treasury and General and the lower portions of connecting designation does not allow the Government Appropriations Act for tributaries such as the John Day River government or public to access private Fiscal Year 2001 (Pub. L. 106-554; H.R. have been found to be more important lands. Such designation does not 5658)), and our associated Information for FMO habitat for bull trout than was require implementation of restoration, Quality Guidelines, provide criteria,

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establish procedures, and provide designation will not control the determining the geographic arrangement guidance to ensure that our decisions direction and substance of future of the updated recovery units included are based on the best scientific data recovery plans, habitat conservation ensuring (1) resiliency by protecting available. They require our biologists, to plans (HCPs), or other species large areas of high-quality habitat; (2) the extent consistent with the Act and conservation planning efforts if new redundancy by protecting multiple with the use of the best scientific data information available at the time of populations; and (3) representation by available, to use primary and original these planning efforts calls for a protecting diverse genetic and life- sources of information as the basis for different outcome. history aspects of bull trout populations recommendations to designate critical Relationship of Critical Habitat to distributed throughout the range of the habitat. listed entity (Tear et al. 2005, p. 841). When we are determining which areas Recovery Planning should be proposed as critical habitat, In developing this proposed rule, we Bull trout are listed under the Act as our primary source of information is considered the conservation ‘‘Threatened’’ throughout the generally the information developed relationship between the proposed coterminous United States primarily during the listing process for the critical habitat designation and recovery due to habitat threats. In 2008 the species. Additional information sources planning. Although recovery plans Service completed a 5–year review of may include the recovery plan for the formulate the recovery strategy for a bull trout status and concluded in part species, articles in peer-reviewed species, they are not regulatory that it should reevaluate the number of journals, conservation plans developed documents, and there are no specific bull trout Distinct Population Segments by States and counties, scientific status protections, prohibitions, or (DPSs), and consider reclassifying bull surveys and studies, biological requirements afforded a species based trout into separate DPSs. The Service assessments, or other unpublished solely on a recovery plan. Furthermore, subsequently recommended not materials and expert opinion or although critical habitat designation can immediately pursuing reclassification personal knowledge. contribute to the overall recovery due to time and cost constraints, but Habitat is often dynamic, and species strategy for a species, it does not, by applied relevant factors in its 1996 DPS may move from one area to another over itself, achieve recovery plan goals. The policy. As a result, six draft recovery time. Furthermore, we recognize that Act states in section 3(5)(C), ‘‘except in units (RUs) were identified. Subsequent critical habitat designated at a particular those circumstances determined by the to identifying these six RUs, we point in time may not include all of the Secretary, critical habitat shall not evaluated each RU and determined that habitat areas that we may later include the entire geographical area they were needed to ensure a resilient, determine are necessary for the recovery which can be occupied by the redundant, and representative ’’ of the species, based on scientific data threatened or endangered species. In distribution of bull trout populations not now available to the Service. For most cases, it is not the intent of the Act throughout the range of the listed entity. to designate critical habitat for every these reasons, a critical habitat To accomplish these goals, we need to designation does not signal that habitat population and every documented protect large areas of high-quality outside the designated area is historical location of a species. Instead, habitat, protect multiple populations, unimportant or may not be required for the focus of critical habitat designation and protect diverse genetic and life- recovery of the species. is on habitat that contains the physical Areas that are important to the and biological features essential to history aspects. conservation of the species, but are conservation of the species. The six draft recovery units identified outside the critical habitat designation, The 5–year review (Service 2008, p. for bull trout in the conterminous will continue to be subject to 45) recommended, in part, that we United States include: Mid-Columbia conservation actions Federal agencies update recovery units from the 2002 recovery unit; Saint Mary recovery unit; implement under section 7(a)(1) of the draft recovery plan for bull trout Columbia Headwaters recovery unit; Act. Areas that support populations are throughout their range (Service 2002), Coastal recovery unit; Klamath recovery also subject to the regulatory protections based on assemblages of bull trout core unit; and Upper Snake recovery unit afforded by the section 7(a)(2) jeopardy areas (metapopulations or interacting (Figure 1). Conserving each RU is standard, as determined on the basis of breeding populations) that retain genetic essential to conserving the listed entity the best available scientific information and ecological integrity and are as a whole. These six new biologically at the time of the agency action. significant to the distribution of bull based recovery units will be proposed to Federally funded or permitted projects trout throughout the conterminous replace the 27 recovery units previously affecting listed species outside their United States. To complete the recovery identified in the bull trout draft designated critical habitat areas may unit update, we consulted with recovery plan (Service 2002, Chapter 1, still result in jeopardy findings in some biologists from States, Federal agencies, p. 3). cases. Similarly, critical habitat and Native American tribes, using the designations made on the basis of the best scientific information available. Figure 1. Map of bull trout draft best available information at the time of Factors that were considered in recovery units

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BILLING CODE 4310–55–S

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Areas that support populations, but historic, geographical, and ecological occupied by adfluvial and fluvial are outside the critical habitat distributions of a species. populations. In these headwater designation, may continue to be subject As discussed in greater detail below, streams, resident bull trout are to conservation actions we implement we derived nine specific PCEs required associated with deep pools and in- under section 7(a)(1) of the Act. They for bull trout from the biological needs stream cover, and most stream-resident are also subject to the regulatory of the species as described or referred to populations are dwarfed (McPhail and protections afforded by the section in the Background section of this Baxter 1996, p. 12). The use of migratory 7(a)(2) jeopardy standard, as determined proposed rule and the following corridors by bull trout also results in on the basis of the best available information. The nine PCEs relate to (1) increased dispersion, facilitating gene scientific information at the time of the water quality; (2) migration corridors; flow among local populations agency action. Federally funded or (3) food availability; (4) instream (interbreeding groups) when individuals permitted projects affecting listed habitat; (5) water temperature; (6) from different local populations species outside their designated critical substrate characteristics; (7) stream interbreed, stray, or return to non-natal habitat areas may still result in jeopardy flow; (8) water quantity; and (9) streams. Also, local populations that findings in some cases. Similarly, nonnative species. have been extirpated by catastrophic critical habitat designations made on the Space for Individual and Population events may become reestablished basis of the best available information at Growth and for Normal Behavior because of movements by bull trout the time of designation will not control through migratory corridors (Rieman the direction and substance of future Streams and groundwater sources and McIntyre 1993, p. 7; MBTSG 1998, recovery plans, HCPs, or other species with high water quality and cold p. 45). conservation planning efforts if new temperatures, complex habitat, and Lakes and reservoirs also figure migratory corridors provide space for information available to these planning prominently in meeting the life-cycle individual and population growth and efforts calls for a different outcome. requirements of bull trout. For adfluvial for normal behavior for bull trout. (migrating between lakes and rivers or Methods Bull trout exhibit a number of life- streams) bull trout populations, lakes As required by section 4(b)(2) of the history strategies. Stream-resident bull and reservoirs provide an important Act, we use the best scientific data trout complete their entire life cycle in component of the core FMO habitat and available in determining areas that the tributary streams where they spawn are integral to maintaining the adfluvial contain the features that are essential to and rear. Some bull trout are migratory, life-history strategy that is commonly the conservation of bull trout. Data spawning in tributary streams where exhibited by bull trout. When juvenile sources include research published in juvenile fish usually rear from one to bull trout emigrate downstream to a lake peer-reviewed journals and previous four years before migrating to either a or reservoir from the spawning and Service documents on the species, larger river (fluvial form) or lake rearing streams in its headwaters, they including the final listing determination (adfluvial form) where they spend their enter a more productive lentic (still or adult life, returning to the tributary (FR 64 58909–58933; November 1, slow-moving water) environment that stream to spawn (Fraley and Shepard 1999), the bull trout draft recovery plan allows them to achieve rapid growth 1989, p. 133). These migratory forms (Service 2002), and the bull trout 5–year and energy storage. occur in areas where conditions allow review (Service 2008). Additionally, we Some reservoirs may have adversely for movement from upper watershed utilized regional Geographic affected bull trout, while others have spawning streams to larger downstream Information System (GIS) shape files for provided benefits. For example, the waters that contain greater foraging area calculations and mapping. basin of Hungry Horse Reservoir has opportunities (Dunham and Rieman functioned adequately for 50 years as a Primary Constituent Elements 1999, p. 646). Resident and migratory surrogate home for stranded Flathead In accordance with section 3(5)(A)(i) forms may be found together, and either Lake bull trout trapped upstream of the of the Act and regulations at 50 CFR form can produce resident or migratory dam when it was completed. While this 424.12(b), in determining which areas offspring (Rieman and McIntyre 1993, p. is an artificial impoundment, the habitat occupied at the time of listing to 2). Where ocean environments are the reservoir provides and the presence propose as critical habitat, we consider accessible to bull trout they may also of an enhanced prey base of native the physical and biological features that migrate to and from salt water minnows, suckers, and whitefish within are essential to the conservation of the (amphidromy). the reservoir sustain a large adfluvial species and that may require special The ability to migrate is important to bull trout population. Additionally, management considerations or the persistence of bull trout local while barriers to migration are often protection. These features are the PCEs populations (Rieman and McIntyre viewed as a negative consequence of laid out in the appropriate quantity and 1993, p. 2; Gilpin 1997, p. 4; Rieman dams, the connectivity barrier at Hungry spatial arrangement for conservation of and Clayton 1997, p 6; Rieman et al. Horse Dam has served an important, the species. These include, but are not 1997, p. 1121). Bull trout rely on albeit unintended, function in limited to: migratory corridors to move from restricting the proliferation of nonnative (1) Space for individual and spawning and rearing habitats to Salvelinus species (including brook population growth and for normal foraging and overwintering habitats and trout (Salvelinus fontinalis) and lake behavior; back. Migratory bull trout become much trout (Salvelinus namaycush)) from (2) Food, water, air, light, minerals, or larger than resident fish in the more downstream areas upstream above the other nutritional or physiological productive waters of larger streams and dam. lakes, leading to increased reproductive requirements; Food, Water, Air, Light, Minerals, or (3) Cover or shelter; potential. Stream resident populations (4) Sites for breeding, reproduction, or are associated with headwater streams Other Nutritional or Physiological rearing (or development) of offspring; in mountainous regions where cold Requirements and water and velocity barriers are common. Bull trout are opportunistic feeders (5) Habitats that are protected from Typically, these streams are smaller and that prey upon other organisms. Prey disturbance or are representative of the have higher gradients than those selection is primarily a function of size

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and life-history strategy. Resident and (Rieman and McIntyre 1993, p. 4). degradation (Fraley and Shepard 1989, juvenile migratory bull trout prey on Habitat components that particularly p. 141). Increases in fine sediment terrestrial and aquatic insects, macro- influence their distribution and appear to reduce egg survival and zooplankton, and small fish (Donald abundance include water temperature, emergence (Pratt 1992, p. 6). Juveniles and Alger 1993, p. 244; McPhail and cover, channel form and stability, are likely also affected. High juvenile Baxter 1996, p. 15). Adult migratory bull spawning and rearing substrate densities have been reported in areas trout feed almost exclusively on other conditions, and migratory corridors characterized by a diverse cobble fish (Rieman and McIntyre 1993, p. 3). (Fraley and Shepard 1989, p. 138; Goetz substrate and a low percent of fine Habitats must provide the necessary 1989, p. 19; Watson and Hillman 1997, sediments (Shepard et al. 1984, p. 6). aquatic and adjacent terrestrial p. 247). Habitats with cold water temperature, conditions to harbor prey species in Watson and Hillman (1997, p. 248) appropriately-sized stream substrate, sufficient quantity and diversity to meet concluded watersheds must have and stream substrate with a low level of the physiological requirements specific physical characteristics to fine material (i.e., less than 12 percent necessary to maintain bull trout provide the necessary habitat of fine substrate less than 0.85 populations. An abundant food base, requirements for bull trout spawning millimeter (mm) (0.03 inch (in.)) in including a broad array of terrestrial and rearing, and that the characteristics diameter) are necessary factors for egg organisms of riparian origin, aquatic are not necessarily ubiquitous incubation and juvenile rearing that macroinvertebrates, and forage fish, throughout the watersheds in which supports individual and population supports individual and population bull trout occur. The preferred growth (WFPB 1997, pp. 98, F-25). growth and allows for normal bull trout spawning habitat of bull trout consists behavior. of low-gradient stream reaches with Habitats Protected from Disturbance or loose, clean gravel (Fraley and Shepard Representative of the Historic, Cover or Shelter 1989, p. 133). Bull trout typically spawn Geographical, and Ecological At all life stages, bull trout require from August to November during Distributions of the Species complex forms of cover, including large periods of decreasing water There are some habitats throughout woody debris, undercut banks, temperatures (Swanberg 1997, p. 735). the range of the species that are well boulders, and pools (Fraley and Shepard However, migratory forms are known to protected from disturbance and 1989, pp. 137-138; Watson and Hillman begin spawning migrations as early as representative of ideal ecological 1997, p. 249). Juveniles and adults April and to move upstream as much as conditions of the species. These areas frequently inhabit side channels, stream 250 km (155 mi) to spawning areas mainly include wilderness, national margins, and pools with suitable cover (Fraley and Shepard 1989 p. 138; parks, and other public lands (Sexauer and James 1997, p. 368). Swanberg 1997, p. 735). specifically protected from most human McPhail and Baxter (1996, p. 11) Fraley and Shepard (1989, p. 137) disturbance (e.g., State parks), and often reported that newly emerged fry are reported that initiation of spawning by constitute bull trout ‘‘strongholds’’ with secretive and hide in gravel along bull trout in the Flathead River system robust, well-distributed populations. stream edges and side channels. They appeared to be related largely to water Some populations outside of these areas also reported that juveniles are found temperature, with spawning initiated may still be well protected for other mainly in pools but also in riffles and when water temperatures dropped reasons (e.g., conservation easements, runs, maintain focal sites near the below 10 °Celsius (°C) (50 °Fahrenheit Habitat Conservation Plans, Safe Harbor bottom, and are strongly associated with (°F)). Goetz (1989, pp. 22–32) reported Agreements), but many other instream cover, particularly overhead a temperature range from 4 to 10 °C (39 populations are threatened by human cover such as woody debris or riparian to 50 °F). Such areas often are associated vegetation. Bull trout have been with cold-water springs or groundwater actions. observed overwintering in deep beaver upwelling (Rieman et al. 1997, p. 1121; Water diversion and reservoir ponds or pools containing large woody Baxter et al. 1999, p. 137). Fraley and development can reduce stream flow, debris (Jakober 1995, p. 90). Adult bull Shepard (1989, p. 137) also found that reduce the amount of water available in trout migrating to spawning areas have groundwater influence and proximity to a stream channel, change water quality, been recorded as staying two to four cover are important factors influencing and alter groundwater regimes. These weeks at the mouths of spawning spawning site selection. They reported changes may collectively impact habitat tributaries in deeper holes or near logs the combination of relatively specific and passage for bull trout and can cause or cover debris (Fraley and Shepard requirements resulted in a restricted increases in water temperatures. 1989, p. 137). Bull trout may also use spawning distribution in relation to Impoundments may also increase lotic (swift-flowing water) and in some available stream habitat. nonnative species predation and cases saltwater environments seasonally Depending on water temperature, egg competition, which can significantly for reasons that include use as cover. incubation is normally 100 to 145 days affect bull trout populations. Some Riparian vegetation; large wood; (Pratt 1992, p. 5). Water temperatures of nonnative fish species that prey on bull variable stream channel morphology 1.2 to 5.4 °C (34.2 to 41.7 °F) have been trout include lake trout, walleye (Sander including deep pools, side-channels, reported for incubation, with an vitreum), northern pike (Esox lucius), undercut banks and substrates; and in optimum (best embryo survivorship) smallmouth bass (Micropterus some cases access to downstream temperature reported to be from 2 to 4 dolomieu), and brown trout (Salmo environments provide cover and shelter, °C (36 to 39 °F) (Fraley and Shepard trutta). Brown trout or other introduced which support individual and 1989, p. 138; McPhail and Baxter 1996, salmonids such as rainbow trout population growth and allow for normal p. 10). Juveniles remain in the substrate (Onchorynchus mykiss), as well as bull trout behavior. after hatching, such that the time from smallmouth bass, northern pike, egg deposition to emergence of fry can walleye, and other species also compete Sites for Breeding, Reproduction, or exceed 200 days. During the relatively with bull trout for limited resources. Rearing (or Development) of Offspring long incubation period in the gravel, Brook trout commonly hybridize with Bull trout have more specific habitat bull trout eggs are especially vulnerable bull trout (Ratliff and Howell 1992, p. requirements than most other salmonids to fine sediments and water quality 16; Leary et al. 1993, p. 857).

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The stability of stream channels and (1) Springs, seeps, groundwater management considerations or stream flows are important habitat sources, and subsurface water protection, and areas outside of the characteristics for bull trout populations connectivity (hyporehic flows) to geographical area occupied at the time (Rieman and McIntyre 1993, p. 5). The contribute to water quality and quantity of listing that are essential for bull trout side channels, stream margins, and and provide thermal refugia. conservation (Service 2009; also see pools with suitable cover for bull trout (2) Migratory habitats with minimal ‘‘Previous Federal Actions’’ section). The are sensitive to activities that directly or physical, biological, or water quality steps we followed in identifying critical indirectly affect stream channel stability impediments between spawning, habitat were: and alter natural flow patterns. For rearing, overwintering, and freshwater (1) Our initial step in identifying example, altered stream flow in the fall and marine foraging habitats, including critical habitat was to determine, in may disrupt bull trout during the but not limited to permanent, partial, accordance with section 3(5)(A)(i) of the spawning period, and channel intermittent, or seasonal barriers. Act and regulations at 50 CFR 424.12, instability may decrease survival of eggs (3) An abundant food base, including the physical and biological habitat and young juveniles in the gravel during terrestrial organisms of riparian origin, features essential to the conservation of winter through spring (Fraley and aquatic macroinvertebrates, and forage the species, as explained in the previous Shepard 1989, p. 141; Pratt 1992, p. 6; fish. section. We reviewed the best available Pratt and Huston 1993, p. 70). Streams (4) Complex river, stream, lake, scientific data pertaining to the habitat with a natural hydrograph (those with reservoir, and marine shoreline aquatic requirements of this species, including normal discharge variations over time as environments and processes with consulting with biologists from partner a response to seasonal precipitation); features such as large wood, side agencies and entities including Federal, permanent water; and an absence of channels, pools, undercut banks and State, tribal, and private biologists; nonnative species are representative of substrates, to provide a variety of experts from other scientific disciplines the highest quality ecological habitat of depths, gradients, velocities, and such as hydrology and forestry; resource the species. Streams with these structure. users; and other stakeholders with an characteristics provide space for (5) Water temperatures ranging from 2 interest in bull trout and the habitats ° ° individual and population growth. to 15 C (36 to 59 F), with adequate they depend on for survival and thermal refugia available for recovery. We also reviewed available We propose bull trout habitats of two temperatures at the upper end of this data concerning bull trout habitat use primary use types: spawning and range. Specific temperatures within this and preferences, habitat conditions, rearing (SR), and foraging, migration, range will vary depending on bull trout threats, limiting factors, population and overwintering (FMO). All nine PCEs life-history stage and form; geography; demographics, and known locations, listed below may be found in, or be elevation; diurnal and seasonal distribution, and abundances of bull essential to, bull trout in each of these variation; shade, such as that provided trout. two habitat use types. This proposed by riparian habitat; and local (2) We then identified the rule identifies over 3,500 water body groundwater influence. geographical areas occupied by bull segments as either SR or FMO habitat. (6) Substrates of sufficient amount, trout at the time of listing and areas not Due to a lack of sufficiently detailed size, and composition to ensure success occupied that may be essential for the data, we do not identify the specific of egg and embryo overwinter survival, conservation of bull trout. We used data PCEs present for each water body fry emergence, and young-of-the-year gathered during the bull trout recovery segment. Future consultations with the and juvenile survival. A minimal planning process and the bull trout draft Service on specific agency actions will amount (e.g., less than 12 percent) of recovery plan (Service 2002), and help identify those PCEs that are most fine substrate less than 0.85 mm (0.03 supplemented that data with recent data important in a specific water body in.) in diameter and minimal developed by State agencies, tribes, the segment. Factors such as time of year, embeddedness of these fines in larger U.S. Forest Service (USFS), and other seasonal precipitation, drought substrates are characteristic of these entities. This data was used to update conditions, and other phenomenon can conditions. bull trout status and distribution data influence the essential physical and (7) A natural hydrograph, including for purposes of the proposed critical biological features present at any peak, high, low, and base flows within habitat designation. For areas where we particular location at any particular time historic and seasonal ranges or, if flows had data gaps, we solicited expert across its range given the variability of are controlled, they minimize opinions from knowledgeable fisheries habitats used by bull trout. In addition, departures from a natural hydrograph. biologists in the local area. Material attributes such as stream flow and (8) Sufficient water quality and reviewed included data in reports substrate size and composition are quantity such that normal reproduction, submitted during section 7 influenced by stream order and growth, and survival are not inhibited. consultations, reports from biologists gradient. Accordingly, establishing an (9) Few or no nonnative predatory holding section 10(a)(1)(A) recovery upper and lower range of conditions for (e.g., lake trout, walleye, northern pike, permits, research published in peer- specific attributes in some cases may be smallmouth bass; inbreeding (e.g., brook reviewed scientific journals, academic impracticable. trout); or competitive (e.g., brown trout) theses, State and Federal government Primary Constituent Elements for Bull species present. agency reports, and regional GIS Trout overlays. Criteria Used To Identify Critical (3) We identified specific areas within Based on the above needs and our Habitat each of the six new draft recovery units current knowledge of the life-history, As required by section 4(b) of the Act, described above that contain the biology, and ecology of the species and we used the best scientific and physical and biological features the characteristics of the habitat commercial data available in essential to bull trout conservation, necessary to sustain the essential life- determining areas that contain the considering distribution, abundance, history functions of the species, we have physical and biological features trend, and connectivity needs. The identified the following PCEs for bull essential to the conservation of bull objective was to ensure the areas trout critical habitat. trout that may require special proposed for designation as critical

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habitat would effectively serve the goals by low fall and winter water considerations in addressing this we believe are important for recovery: temperatures, and existing thermally potential impact. (a) conserve the opportunity for diverse suitable habitat patches are often Over 30 years of research into wildlife life-history expression; (b) conserve the isolated from one another (Rieman et al. population sizes required for long-term opportunity for genetic diversity; (c) 2007, p. 1,553). With a warming climate, viability (avoiding extinction) suggests ensure that bull trout are distributed thermally suitable bull trout spawning that a minimum number of 5,000 across representative habitats; (d) ensure and rearing areas are predicted to shrink individuals may be needed in light of sufficient connectivity among during warm seasons, in some cases rapidly changing environmental populations; (e) ensure sufficient habitat very dramatically, becoming even more conditions such as accelerated climate to support population viability (e.g., isolated from one another under change (Traill et al. 2009, p. 3). abundance, trend indices); (f) address moderate climate change scenarios Although the minimum number of threats (see ‘‘Special Management (Rieman et al. 2007, pp. 1,558–1,562; individuals may vary depending on the Considerations or Protection’’ below), Porter and Nelitz 2009, pp. 5–7). species involved, for bull trout, we have including climate change (see below); Climate change will likely interact included additional unoccupied and (g) ensure sufficient redundancy in with other stressors, such as habitat loss habitats in those areas where occupied conserving population units. The above and fragmentation (Rieman et al. 2007, habitats currently support far less than recovery goals take into account the pp. 1,558–1,560; Porter and Nelitz 2009, this number of individuals, so there are threats and physical and biological p. 3); invasions of nonnative fish (Rahel adequate PCEs for those small needs of the species throughout its et al. 2008, pp. 552–553); diseases and populations to recover. For example, in range, and focus on its range-wide parasites (McCullough et al 2009, p. the Klamath basin where bull trout recovery needs. 104); predators and competitors status is weak and threats are high (that All critical habitat areas being (McMahon et al. 2007, pp. 1,313–1,323; is, where there are low number of proposed occur within the six new draft Rahel et al. 2008, pp. 552–553); and individuals or populations, and poor recovery units described above. Some flow alteration (McCullough et al. 2009, habitat quality), we are proposing to areas contained the physical and pp. 106–108), to render some current designate all occupied habitat and some biological features, but did not meet one spawning, rearing, and migratory unoccupied habitat to ensure sufficient or more of the above recovery goals habitats marginal or wholly unsuitable. connectivity among existing bull trout because those features were not present For example, introduced congeneric populations. Unoccupied habitat in an appropriate quantity and spatial populations of brook trout are widely proposed for protection is in FMO arrangement. Accordingly, we distributed throughout the range of bull habitat, and is intended to ensure determined that such areas are not trout. McMahon et al. (2007, p. 1,320) connectivity among existing, currently essential to bull trout conservation. For demonstrated the presence of brook isolated bull trout populations. example, some areas contained trout has a marked negative effect on Conversely, examples of occupied areas spawning habitat (PCEs 5 and 6), but are bull trout, an effect that is magnified at that are not proposed as critical habitat disconnected from other populations higher water temperatures (16–20 °C include those where bull trout occur in and not large enough to support viable (60–68 °F)). Changes and complex low densities in very isolated or tenuous bull trout populations. Other areas were interactions are difficult to predict at a populations, areas where bull trout are not included in this proposal because of spatial scale relevant to bull trout heavily compromised by nonnative limited habitat, marginal habitat, low conservation efforts, and key gaps exist species, or areas where available habitat bull trout density, or only sporadic in our understanding of whether bull is restricted. presence of bull trout recorded. trout (and other coldwater fishes) can Predicted global climate change behaviorally adapt to climate change. (4) In selecting areas to propose as appears likely to pose additional threats We considered probable effects of critical habitat, we considered factors to bull trout in many parts of their range climate change on bull trout by first specific to each river system, such as in the coterminous United States; qualitatively screening core areas to size (i.e., stream order), gradient, downscaled regional climate models for assess those which might be most channel morphology, connectivity to the Columbia River basin predict a vulnerable to climate change effects, other aquatic habitats, and habitat general air temperature warming of 1.0 and highlighting them in our 2008 complexity and diversity, as well as to 2.5 °C (33.8 to 36.5 °F) or more by update of status and threats data in the range-wide recovery considerations. We 2050 (Reiman et al. 2007, p. 1,552). This core area template documents (Service took into account the fact that bull trout predicted temperature trend will have 2008, p. 15). For example, in many habitat preference ranges from small important effects on the regional locations we prioritized cold water headwater streams used largely for distribution and local extent of habitats spring habitats for conservation because spawning and rearing, to downstream available to salmonids (Rieman et al. they may be among the most resistant mainstem portions of river networks 2007, p. 1,552). The optimal water habitats to climate change effects. In used for rearing, foraging, migration, or temperatures for bull trout appear to be other locations we deemphasized overwintering. substantially lower than those for other protection of some already low- To help determine which of these salmonids (Rieman et al. 2007, p. elevation, warmer, marginal bull trout specific areas are essential to bull trout 1,553). Coldwater fish do not physically habitats, anticipating that they would conservation, we considered the adapt well to thermal increases become even less valuable for the future species’ status in each recovery unit by (McCullough et al. 2009, pp. 96–101). conservation of bull trout. Over a period evaluating whether: (a) bull trout are Instead, they are more likely to change of decades, climate change may directly rare and exposed to threats, such that their behavior, alter the timing of certain threaten the integrity of the essential recovery needs include removing threats behaviors, experience increased physical and biological features from essentially all existing occurrences physical and biochemical stress, and described in PCEs 1, 2, 3, 5, 7, 8 and 9. and restoring bull trout to portions of exhibit reduced growth and survival Protecting bull trout strongholds and their historic range, or (b) bull trout are (McCullough et al. 2009, pp. 98–100). cold water refugia from disturbance and declining and exposed to threats, such Bull trout spawning and initial rearing ensuring connectivity among that recovery needs include stopping areas are currently largely constrained populations were important the decline and eliminating threats

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across key portions of their range, such of listing have been determined to be the physical and biological features in as currently occupied strongholds. essential for the conservation of the the adjacent critical habitat. NatureServe is a nonprofit species and are being proposed as We are proposing for designation of conservation organization whose critical habitat. In those areas, bull trout critical habitat lands that we have mission is to provide the scientific basis habitat and population loss over time determined were occupied at the time of for effective conservation action. The necessitates reestablishing bull trout in listing and contain sufficient PBFs to NatureServe database is sometimes used currently unoccupied habitat areas to support life-history functions essential as one of several factors in identifying achieve recovery. for the conservation of the species and species which may warrant listing Based on the considerations described lands outside of the geographical area under the Act, but in other cases the above, we propose a greater proportion occupied at the time of listing that we information in the NatureServe database of occupied habitat and more have determined are essential for the is limited in its usefulness for that unoccupied habitat for protection in conservation of bull trout. purpose. Additionally, NatureServe has areas where bull trout demonstrate less We are proposing to designate 32 developed a computer spreadsheet tool resiliency, redundancy, and critical habitat units (CHUs) within the used world-wide for evaluating a suite representation, and less critical habitat geographical area occupied by the of factors related to rarity, trends, and elsewhere. We find that areas occupied species at the time of listing. These threats to assess the extinction or at the time of listing are inadequate to units have an appropriate quantity and extirpation risk of species and ensure the conservation of the species. spatial arrangement of physical and ecosystems. We did use this spreadsheet Therefore, we are proposing additional biological features present that supports tool in analyzing the data we have for areas outside the geographical area bull trout metapopulations, life the bull trout. The protocol for assigning occupied by the species at the time it is processes, and overall species conservation. Twenty-nine of the units a conservation status rank to a species listed. For example, in the Klamath contain all of the physical and or population of a species is based on Basin Recovery Unit where threats to biological features identified in this using biological data to derive a score bull trout are greatest, we are proposing proposed rule, supporting multiple life- for each of ten conservation status to designate all habitat known to be history requirements. Three of the factors, which are grouped into three occupied at the time of listing that mainstem river units in the Columbia categories based on the characteristic of contains the physical and biological and Snake River basins contain most of the factor: rarity (six factors such as features essential to the conservation of the physical and biological features population size or habitat area), trends the species and which may require (two factors), and threats (two factors) necessary to support the bull trout’s special management considerations or (Master et al. 2007, pp. 6–11). By particular use of that habitat, other than protection, and we propose designating inserting extensive biological data for those associated with PCEs 5 and 6, a substantial proportion of unoccupied bull trout collected by the Service and which relate to breeding habitat. Lakes habitat outside of the geographical area its partners through 2007 into the and reservoirs within these units also occupied by the species at the time of NatureServe status assessment ranking contain most of the physical and listing that has been determined to be tool spreadsheet for each of 118 bull biological features necessary to support essential for bull trout conservation. Our trout core areas or watersheds bull trout, other than those associated primary consideration in proposing throughout their range, we were able to with PCEs 1, 4, and 6. Marine nearshore critical habitat for occupied areas is to determine the relative status and threats habitats within the Olympic Peninsula within each of the 118 bull trout core protect species strongholds for and Puget Sound CHUs contain only a areas or watersheds and each of the 6 spawning and rearing and FMO subset of the identified physical and draft recovery units. habitats. Our primary consideration for biological features for bull trout (PCEs 2, The proposed critical habitat most unoccupied areas is restoring 3, 5, and 8). However, these habitats are designation identifies specific areas connectivity among populations by important to conserving a diverse life- essential to the conservation of the bull protecting FMO habitats. history expression and representative trout local populations and spawning When determining proposed critical habitats. and rearing streams of highest habitat boundaries within this proposed Special Management Considerations or conservation value. Factors taken into rule, we made every effort to avoid Protection account at the smaller local population including developed areas such as lands scale included the largest areas or covered by buildings, pavement, and The term critical habitat is defined in populations, most highly connected other structures because such lands lack section 3(5)(A) of the Act, in part, as populations, and areas with the highest physical and biological features geographical areas on which are found conservation potential (i.e., the quantity essential for bull trout. The scale of the those physical and biological features and quality of physical and biological maps we prepared under the parameters essential to the conservation of the features present). At the larger core area for publication within the Code of species and which may require special scale, the proposed designation also Federal Regulations may not reflect the management considerations or focuses on areas having the highest exclusion of such developed lands. Any protections. Accordingly, when conservation value by applying the such lands inadvertently left inside designating critical habitat, we assess factors that were applied at the local critical habitat boundaries shown on the whether the specific areas within the population scale. At both the local maps of this proposed rule have been geographical area occupied by the population and core area scales, the excluded by text in the proposed rule species at the time of listing contain proposed designation emphasizes and are not proposed for designation as features that are essential to the essential FMO habitats of highest critical habitat. Therefore, if the critical conservation of the species and which conservation value, such as habitats that habitat is finalized as proposed, a may require special management connect local populations and core Federal action involving these lands considerations or protection. Although areas and provide required space for would not trigger section 7 consultation the determination that special life-history functions. In some areas, with respect to critical habitat and the management considerations or specific areas outside the geographical requirement of no adverse modification protection may be required is not a area occupied by bull trout at the time unless the specific action would affect prerequisite to designating critical

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habitat in areas essential to the trout embryo survival and juvenile bull integrity of the essential physical and conservation of the species that were trout rearing densities (Shepard et al. biological features described in PCEs 1– unoccupied at the time of listing, all 1984, p. 6; Pratt 1992, p. 6). An 8. Special management for the essential areas being proposed as critical habitat assessment of the interior Columbia features could include best management require some level of management to Basin ecosystem revealed that practices that could include project address current and future threats to increasing road densities were modifications specifically designed to bull trout, to maintain or enhance the associated with declines in four reduce these types of impacts in streams physical and biological features nonanadromous salmonid species (bull with bull trout, such as fencing essential to its conservation, and to trout; Yellowstone cutthroat trout livestock from streamsides, moving ensure the recovery of the species. (Oncorhyncus clarki bouvieri); animal feeding operations away from The primary land and water westslope cutthroat trout (O. c. lewisi); surface waters, using riparian buffer management activities impacting the and redband trout (O. mykiss ssp.)) strips near crop fields, minimizing physical and biological features within the Columbia River basin, likely water withdrawal from streams, essential to the conservation of bull through a variety of factors associated avoiding stream channel and spring trout which may require special with roads. Bull trout were less likely to head manipulation, and avoiding stream management considerations within the use highly roaded basins for spawning dewatering. proposed critical habitat units include and rearing and, if present, were likely Dams constructed without fish timber harvest and road building (forest to be at lower population levels passage features, or with poorly management practices), agriculture and (Quigley and Arbelbide 1997, p. 1183). designed fish passage features, create agricultural diversions, livestock These activities can directly and barriers to migratory bull trout, grazing, dams, mining, and nonnative immediately threaten the integrity of the precluding access to suitable spawning, species presence or introduction essential physical and biological rearing, and migration habitats. Dams (Beschta et al. 1987, p. 194; Chamberlin features described in PCEs 1–6. Special disrupt the connectivity within and et al. 1991, p. 194; Furniss et al. 1991, management considerations or between watersheds essential for p. 297; Meehan 1991, pp. 6–10; Nehlsen protections that may be needed for the maintaining aquatic ecosystem function et al. 1991, p. 4; Sedell and Everest essential features include the (Naiman et al. 1992, p. 127; Spence et 1991, p. 6; Craig and Wissmar 1993, p. implementation of best management al. 1996, p. 141) and bull trout 18; Frissell 1993, p. 350; Henjum et al. practices that could result in project subpopulation interaction (Rieman and 1994, p. 6; McIntosh et al. 1994, p. 37; modifications specifically designed to McIntyre 1993, p. 15). Natural Wissmar et al. 1994, p. 28; MBTSG reduce these impacts in streams with recolonization of historically occupied 1995a, p. i; MBTSG 1995b, p. i; MBTSG bull trout, particularly in spawning and sites can be precluded by migration 1995c, p. i; MBTSG 1995d, p. 1; USDA rearing habitat. Such best management barriers (e.g., McCloud Dam in and USDI 1995, p. 8, 1997, pp. 132–144; practices could result in project California). These activities can directly Light et al. 1996, p. 6; MBTSG 1996a, p. modifications that require measures to and immediately threaten the integrity ii; MBTSG 1996b, p. 1; MBTSG 1996c, ensure that road stream crossings do not of the essential physical and biological p. i; MBTSG 1996d, p. i; MBTSG 1996e, impede fish migration or occur in or features described in PCEs 2–7 and 9. p. i; MBTSG 1996f, p. 1; MBTSG 1996g, near spawning/rearing areas, or increase Special management considerations that p. 7; MBTSG 1996h, p. 7). Urbanization road surface drainage. may be needed for the essential features and residential development may also include the implementation of best impact the physical and biological Agricultural practices and associated management practices that could result features, and these features may require activities adjacent to streams and in in project modifications, such as special management considerations or upland portions of watersheds also can providing fish passage, specifically protections due to these development adversely affect the physical and designed to reduce these impacts in impacts. biological features essential to bull trout streams with bull trout. Timber harvest and road building in, conservation. Irrigation withdrawals, Mining can degrade aquatic systems or close to, riparian areas can including diversions, can dewater by generating sediment and heavy immediately reduce stream shading and spawning and rearing streams, impede metals pollution, altering water pH cover, channel stability, and large fish passage and migration, and entrain levels, and changing stream channels woody debris recruitment, and it can fish into the irrigation ditch from the and flow (Martin and Platts 1981, p. 2). increase sedimentation and peak stream river. Discharging pollutants such as These activities can directly and flows (Chamberlin et al. 1991, p. 180). nutrients, agricultural chemicals, animal immediately threaten the integrity of the These activities can subsequently lead waste, and sediment into spawning and essential physical and biological to increased stream temperatures and rearing waters is also detrimental features described in PCEs 1, 6, 7, and bank erosion and decreased long-term (Spence et al. 1996, p. 128). Agricultural 8, even if they occur some distance stream productivity. The effects of road practices regularly include stream upstream from critical habitat. Special construction and associated channelization and diking, large woody management for these essential features maintenance account for a majority of debris and riparian vegetation removal, could require best management sediment loads to streams in forested and bank armoring (Spence et al. 1996, practices that could result in project areas. In addition, stream crossings also p. 127). Improper livestock grazing can modifications specifically designed to can impede fish passage (Shepard et al. promote streambank erosion and reduce these impacts in streams with 1984, p. 1; Cederholm and Reid 1987, p. sedimentation and limit the growth of bull trout, such as avoiding surface 392; Furniss et al. 1991, p. 301). riparian vegetation important for water impacts from mining activities Sedimentation affects streams by temperature control, streambank and neutralizing or containing toxic reducing pool depth, altering substrate stability, fish cover, and detrital input materials generated. composition, reducing interstitial space, (Platts 1991, pp. 397–399). In addition, Introductions of nonnative species by and causing braiding of channels grazing often results in increased the Federal Government, State fish and (Rieman and McIntyre 1993, p. 6), organic nutrient input in streams (Platts game departments, and unauthorized which reduce carrying capacity. 1991, p. 423). These activities can private parties across the range of bull Sedimentation negatively affects bull directly and immediately threaten the trout have resulted in predation,

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declines in abundance, local nearshore marine areas, urbanization bankfull elevation is not evident on extirpations, and hybridization of bull and residential development has led to either bank, the ordinary high-water line trout (Bond 1992, p. 3; Howell and significant loss or physical alteration of determines the lateral extent of critical Buchanan 1992, p. viii; Donald and intertidal and shoreline habitats, as well habitat. The lateral extent of critical Alger 1993, p. 245; Leary et al. 1993, p. as led to the contamination of many habitat in lakes is defined by the 857; Pratt and Huston 1993, p. 75; estuarine and nearshore areas (PSWQAT perimeter of the water body as mapped MBTSG 1995b, p. 10; MBTSG 1995d, p. 2000, p. 47; BMSL et al. 2001, ch. 10, on standard 1:24,000 scale topographic 21; Platts et al. 1995, p. 9; MBTSG pp. 1–27 ; Fresh et al. 2004, p. 1). maps. In marine nearshore areas, the 1996g, p. 7; Palmisano and Kaczynski, Activities associated with urbanization inshore extent of critical habitat is the in litt.1997, p. 29). Nonnative species and residential development can mean higher high-water (MHHW) line, may exacerbate stresses on bull trout incrementally threaten the integrity of including tidally influenced freshwater from habitat degradation, fragmentation, the essential physical and biological heads of estuaries. Critical habitat isolation, and species interactions features described in PCEs 1–5, 7, and extends offshore to the depth of 10 (Rieman and McIntyre 1993, p. 3). These 8. Special management for these meters (m) (33 feet (ft)) relative to the activities can, over time, directly essential features could require best mean low low-water (MLLW) line. threaten the integrity of the essential management practices that could result The critical habitat areas we describe physical and biological features in project modifications specifically below constitute our current best described in PCE 9. Special designed to reduce these impacts in assessment of areas that meet the management needs and considerations streams with bull trout, such as setting definition of critical habitat for bull for this essential feature could require back developments from riparian areas, trout. A total of 36,497.70 km (22,678.5 the implementation of best management minimizing water runoff from urban mi) of streams (which includes 1,587.7 practices that could result in project areas directly to streams, minimizing km (985.3 mi) of marine shoreline area modifications specifically designed to hard surfaces such as pavement in (Table 2), and 215,870.1 ha (533,426.4 reduce these impacts in streams with watersheds, and minimizing impacts ac) of reservoir and lake surface area bull trout, such as avoiding future related to fertilizer application. (Table 3) are proposed as bull trout introductions, eradicating or controlling critical habitat. A total of 1,495 km (929 Proposed Critical Habitat Designation introduced species, and managing mi; four percent) of stream and marine habitat to favor bull trout over other We are proposing 32 critical habitat shoreline distance was unoccupied at species. units in 6 recovery units for bull trout. the time of listing, with the remainder Urbanization and residential Each CHU is comprised of a number of occupied. A total of 17,422 km (10,825 development in watersheds has led to specific streams or reservoir/lake areas, mi; 48 percent) of stream habitat is used decreased habitat complexity (uniform which are identified as subunits in this for spawning and rearing, with the stream channels and simple proposed rule. remainder—and all reservoirs and nonfunctional riparian areas), In freshwater areas, critical habitat lakes—used for FMO. Tables 4 and 5 impediments and blockages to fish includes the stream channels within the present total stream shoreline distance passage, increased surface runoff (more designated stream reaches and a lateral and reservoir and lake surface area frequent and severe flooding), and extent as defined by the bankfull proposed in each state. Table 6 presents decreased water quality and quantity elevation on one bank to the bankfull the ownership for all stream shoreline (Spence et al. 1996, pp. 130–134). In elevation on the opposite bank. If distances proposed as critical habitat.

TABLE 2.—STREAM/SHORELINE DISTANCE PROPOSED FOR DESIGNATION AS BULL TROUT CRITICAL HABITAT BY CRITICAL HABITAT UNIT AND REFERENCING RECOVERY UNIT

Kilo- Recovery Unit Critical habitat unit meters Miles

Coastal ...... 1.Olympic Peninsula ...... 1,292.9 803.4 1.Olympic Peninsula (Marine) ...... 673.8 418.7 2.Puget Sound ...... 2,737.3 1,700.8 2.Puget Sound (Marine) ...... 911.9 566.6 3.Lower Columbia River Basins ...... 360.9 224.3 4.Upper Willamette River ...... 304.9 189.5 5.Hood River ...... 113.1 70.3 6.Lower Deschutes River ...... 463.2 287.8 7.Odell Lake ...... 27.4 17.0 8.Mainstem Lower Columbia River ...... 342.2 212.6 Klamath ...... 9.Klamath River Basin ...... 440.0 273.4 Mid-Columbia ...... 10.Upper Columbia River Basins ...... 1,125.9 699.6 11.Yakima River ...... 1,191.4 740.3 12.John Day River ...... 1,176.4 731.0 13.Umatilla River ...... 211.8 131.6 14.Walla Walla River Basin ...... 452.7 281.3 15.Lower Snake River Basins ...... 284.2 176.6 16.Grande Ronde River ...... 1,057.7 657.2 17.Imnaha River ...... 285.7 177.5 18.Sheep and Granite Creeks ...... 47.9 29.7 19.Hells Canyon Complex ...... 399.3 248.1 20.Powder River Basin ...... 404.3 251.2 21.Clearwater River ...... 2,702.1 1,679.0 22.Mainstem Upper Columbia River ...... 522.7 324.8 23.Mainstem Snake River ...... 552.2 343.1

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TABLE 2.—STREAM/SHORELINE DISTANCE PROPOSED FOR DESIGNATION AS BULL TROUT CRITICAL HABITAT BY CRITICAL HABITAT UNIT AND REFERENCING RECOVERY UNIT—Continued

Kilo- Recovery Unit Critical habitat unit meters Miles

Upper Snake ...... 24. Malheur River Basin ...... 250.7 155.8 25.Jarbidge River ...... 266.9 165.9 26.Southwest Idaho River Basins ...... 2,716.7 1,688.1 27.Salmon River Basin ...... 8,119.4 5,045.1 28.Little Lost River ...... 206.6 128.4 Columbia Headwaters ...... 29.Coeur d’Alene River Basin ...... 819.6 509.3 30.Kootenai River Basin ...... 587.0 364.7 31.Clark Fork River Basin ...... 5,332.1 3,313.2 Saint Mary ...... 32.Saint Mary River Basin ...... 116.8 72.6

Total ...... 36,497.7 22,678.5

TABLE 3.—AREA OF RESERVOIRS OR LAKES PROPOSED FOR DESIGNATION AS BULL TROUT CRITICAL HABITAT BY CRITICAL HABITAT UNIT

Critical habitat unit Hectares Acres

1.Olympic Peninsula ...... 3,366.2 8,318.1 2.Puget Sound ...... 17,890.5 44,208.3 3.Lower Columbia River Basins ...... 4,856.1 11,999.7 4.Upper Willamette River ...... 3,601.5 8,899.6 5.Hood River ...... 36.9 91.1 6.Lower Deschutes River ...... 1,670.2 4,127.3 7.Odell Lake ...... 1,387.1 3,427.6 9.Klamath River Basin ...... 3,775.5 9,329.5 10.Upper Columbia River Basins ...... 1,033.2 2,553.1 11.Yakima River ...... 6,285.2 15,531.0 16.Grande Ronde River ...... 605.2 1,495.5 21.Clearwater River ...... 6,721.9 16,610.2 24.Malheur River Basin ...... 715.9 1,768.9 26.Southwest Idaho River Basins ...... 15,540.2 38,400.6 27.Salmon River Basin ...... 1,659.5 4,100.6 29.Coeur d’Alene River Basin ...... 12,606.9 31,152.2 30.Kootenai River Basin ...... 12,089.2 29,873.1 31.Clark Fork River Basin ...... 119,473.5 295,225.5 32.Saint Mary River Basin ...... 2,555.4 6,314.5

Total ...... 215,870.1 533,426.40

TABLE 4.—STREAM/SHORELINE DISTANCE PROPOSED FOR DESIGNATION AS BULL TROUT CRITICAL HABITAT BY STATE

State Kilometers Miles

Idaho ...... 15,563.4 9,670.6 Montana ...... 4,978.8 3,093.7 Nevada ...... 137.3 85.3 Oregon ...... 4,988.3 3,099.6 Oregon/Idaho ...... 273.8 170.1 Washington ...... 8,421.1 5,232.6 Washington Marine ...... 1,585.7 985.3 Washington/Idaho ...... 59.9 37.2 Washington/Oregon ...... 489.0 303.9

Total ...... 36,497.30 22,678.30

TABLE 5.—AREA OF RESERVOIRS OR LAKES PROPOSED FOR DESIGNATION AS BULL TROUT CRITICAL HABITAT BY STATE

State Hectares Acres

Idaho ...... 80,093.2 19,7914.7 Montana ...... 90,553.3 22,3762.2 Oregon ...... 11,792.3 29,139.5 Washington ...... 33,431.2 82,610.3

Total ...... 215,870.1 533,426.40

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TABLE 6.—STREAM/SHORELINE DISTANCE PROPOSED FOR DESIGNATION AS BULL TROUT CRITICAL HABITAT BY OWNERSHIP

Ownership Kilometers Miles

Federal ...... 21,276 13,220 Federal/Private ...... 422 262 Federal/State ...... 4 2 State ...... 889 552 Tribal ...... 683 424 Private ...... 13,223 8,216

Total ...... 36,497 22,676

We present a brief description of all to the north, the Pacific Ocean to the Counties in Washington. The major critical habitat designated in each of 32 west, and the Lower Columbia River river basins initiate from the Cascade units below, organized by recovery unit. Basins and Puget Sound CHUs to the Range and flow west, discharging into Maps depicting the units and subunits south. It extends across portions of Puget Sound, with the exception of the are included with the proposed Grays Harbor, Clallam, Mason, Pacific, Chilliwack River system, which flows amendatory language below. For a more and Jefferson Counties. All of the major northwest into British Columbia, detailed textual and graphic description river basins initiate from the Olympic discharging into the Fraser River. The of all units and subunits, please see our Mountains. The Olympic Peninsula Puget Sound CHU is divided into 13 website at http://www.fws.gov/pacific/ CHU is divided into 10 CHSUs. CHSUs. The subunits within this unit bulltrout, or contact the Idaho Fish and Although delta areas and small islands provide spawning, rearing, foraging, Wildlife Office (see FOR FURTHER are difficult to map and may not be migratory, connecting, and INFORMATION CONTACT above). The areas specifically identified by name, overwintering habitat. For a detailed being proposed as critical habitat below included within the critical habitat description of this unit and subunits, for satisfy each of the above ‘‘Criteria Used proposal are delta areas where streams justification of why this CHU, included to Identify Critical Habitat’’ form sloughs and braids and the CHSUs, or in some cases individual considerations, and will conserve the nearshore of small islands found within water bodies are proposed as critical opportunity for diverse life-history the proposed marine areas. The State of habitat, and for documentation of expression and genetic diversity; ensure Washington has assigned most streams occupancy by bull trout, see Service that bull trout are distributed across a stream catalog number. Typically, if (2009 pp. 11–13), or http:// representative habitats; ensure sufficient an unnamed stream or stream with no www.fws.gov/pacific/bulltrout. connectivity among populations; ensure official U.S. Geological Survey name is Unit 3: Lower Columbia River Basins sufficient habitat to support population proposed for critical habitat within the Unit viability; address threats; and ensure Puget Sound CHU, the stream catalog sufficient redundancy in conserving number is provided for reference. In The Lower Columbia River Basins population units. The characteristics of those cases where tributary streams do CHU consists of portions of the Lewis, each Critical Habitat Unit, Subunit, and not have a catalog number, they are White Salmon, and Klickitat Rivers and in some cases water body segment that referred to as ‘‘unnamed’’ or a locally associated tributaries in southwestern establish why a specific area is essential accepted name is used. The subunits and south-central Washington. The CHU to the conservation of bull trout are within this unit provide spawning, extends across Clark, Cowlitz, Klickitat, identified in the reference (Service rearing, foraging, migratory, connecting, Skamania, and Yakima Counties. 2009). Examples of attributes that were and overwintering habitat. For a Approximately 360.9 km (224.3 mi) of considered include habitat use (FMO, detailed description of this unit and stream and 4,856.1 ha (11,999.7 ac) of spawning and rearing), occupancy data, subunits, for justification of why this reservoir surface area are proposed as geographic limits, accessibility, CHU, included CHSUs, or in some cases critical habitat. There are three bull presence or absence of barriers, genetic individual water bodies are proposed as trout local populations in the Lewis analysis (used in metapopulation critical habitat, and for documentation River watershed and one in the Klickitat context), population data, habitat of occupancy by bull trout, see Service River watershed. The subunits within condition, and presence of anadromous (2009 pp. 9–11), or http://www.fws.gov/ this unit provide spawning, rearing, salmonids. pacific/bulltrout. foraging, migratory, connecting, and Coastal Recovery Unit overwintering habitat. For a detailed Unit 2: Puget Sound Unit description of this unit and subunits, for Unit 1: Olympic Peninsula Unit The Puget Sound CHU includes justification of why this CHU, included The Olympic Peninsula CHU is approximately 2,737.3 km (1,700.8 mi) CHSUs, or in some cases individual located in northwestern Washington. of streams; 17,890.5 ha (44,208.3 ac) of water bodies are proposed as critical Bull trout populations inhabiting the lake surface area; and 911.9 km (566.6 habitat, and for documentation of Olympic Peninsula comprise the coastal mi) of marine shoreline proposed as occupancy by bull trout, see Service component of the Coastal–Puget Sound critical habitat. The CHU is bordered by (2009 p. 14), or http://www.fws.gov/ population. The unit includes the Cascade Range to the east, Puget pacific/bulltrout. approximately 1,292.9 km (803.4 mi) of Sound to the west, Lower Columbia stream, 3,366.2 ha (8,318.1 ac) of lake River Basins and Olympic Peninsula Unit 4: Upper Willamette River Unit surface area, and 673.8 km (418.7 mi) of CHUs to the south, and the U.S.–Canada The Upper Willamette River CHU marine shoreline proposed as critical border to the north. The CHU extends includes 304.9 km (189.5 mi) of streams habitat. This CHU is bordered by Hood across Whatcom, Skagit, Snohomish, and 3,601.5 ha (8,899.6 ac) of lake Canal to the east, Strait of Juan de Fuca King, Pierce, Thurston, and Island surface area is proposed as critical

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habitat in the McKenzie River and Shitike Creek; (3) Whitewater River; (4) Unit 8: Mainstem Lower Columbia River Middle Fork Willamette River subbasins Jefferson Creek–Candle Creek Complex; Unit of western Oregon. This unit is located and (5) Jack Creek–Canyon Creek– The Mainstem Lower Columbia River primarily within Lane County, but also Heising Spring Complex. CHU extends from the mouth of the extends into Linn County. The Lower Deschutes River CHU Columbia River to John Day Dam and is There are three known bull trout local located in the states of Oregon and populations in the McKenzie River includes (1) the Metolius River basin, Washington. It includes Clatsop, subbasin and one bull trout local consisting of Canyon Creek, Jack Creek, Columbia, Multnomah, Hood River, population in the Middle Fork Heising Spring, Candle Creek, Jefferson Wasco, and Sherman Counties in Willamette River subbasin. With the Creek, Whitewater River, the mainstem Oregon and Pacific, Wahkiakum, exception of a short reach of the Metolius River, and Lake Billy Chinook; Cowlitz, Clark, Skamania, and Klickitat mainstem Willamette River and the (2) the mainstem Deschutes River from Counties in Washington. A total of 342.2 mainstem Middle Fork Willamette River Lake Billy Chinook to Big Falls; (3) (including reservoirs) below Hills Creek Whychus Creek upstream to the USFS km (212.6 mi) of stream are being Dam, segments proposed as critical 6360 Road crossing; (4) Crooked River proposed as critical habitat. This unit habitat are occupied by bull trout. The from its confluence with Lake Billy provides connecting habitat. For a stream segments that make up the Chinook upstream to Highway 97; (5) detailed description of this unit, for Willamette River Unit are described Shitike Creek; (6) Warm Springs River; justification of why this CHU, included below. This unit provides spawning, and (7) mainstem Deschutes River from CHSUs, or in some cases individual rearing, foraging, migratory, connecting, the Pelton Regulating Dam downstream water bodies are proposed as critical and overwintering habitat. For a to the Columbia River. habitat, and for documentation of detailed description of this unit, for occupancy by bull trout, see Service Approximately 463.2 km (287.8 mi) of (2009 p. 16), or http://www.fws.gov/ justification of why this CHU, included streams and 1,670.2 ha (4,127.3 ac) of CHSUs, or in some cases individual pacific/bulltrout. lake and reservoir surface area in the Unit 9: Klamath River Basin Unit water bodies are proposed as critical lower Deschutes River basin are habitat, and for documentation of (Klamath Recovery Unit) proposed as critical habitat. A portion of occupancy by bull trout, see Service The Klamath River Basin CHU is the reaches occur on the Confederated (2009 pp. 14–15), or http:// located in south-central Oregon and Tribes of Warm Springs lands. The www.fws.gov/pacific/bulltrout. includes three CHSUs: (1) Upper following stream segments are included Klamath Lake CHSU; (2) Sycan River Unit 5: Hood River Unit in the Lower Deschutes River CHU. This CHSU; and (3) Upper Sprague River The Hood River CHU includes the unit provides spawning, rearing, CHSU. It includes portions of Klamath mainstem Hood River and three major foraging, migratory, connecting, and and Lake Counties in Oregon. Total tributaries: Clear Branch Hood River, overwintering habitat. For a detailed proposed critical habitat in this unit West Fork Hood River, and East Fork description of this unit, for justification includes 440.0 km (273.4 mi) of streams Hood River. A total of 113.1 km (70.3 of why this CHU, included CHSUs, or and 3,775.5 ha (9,329.5 ac) of lake mi) of stream and 36.9 ha (91.1 ac) of in some cases individual water bodies surface area. The subunits within this lake surface is proposed as critical are proposed as critical habitat, and for unit provide spawning, rearing, habitat. Portions of the mainstem documentation of occupancy by bull foraging, migratory, connecting, and Columbia River utilized as FMO by trout, see Service (2009 p. 15), or http:// overwintering habitat. For a detailed Hood River bull trout are discussed in www.fws.gov/pacific/bulltrout. description of this unit and subunits, for the Lower Mainstem Columbia River justification of why this CHU, included Unit 7: Odell Lake Unit section of this document. CHSUs, or in some cases individual The Hood River CHU, located on the The Odell Lake CHU lies entirely water bodies are proposed as critical habitat, and for documentation of western slopes of the Cascades within the Deschutes National Forest in occupancy by bull trout, see Service Mountains in northwest Oregon, lies Deschutes and Klamath Counties, (2009 pp. 16–18), or http:// entirely within Hood River County, Oregon. Total proposed critical habitat www.fws.gov/pacific/bulltrout. Oregon. There are two local populations in this unit includes 27.4 km (17.0 mi) identified as essential: (1) Clear Branch Unit 10: Upper Columbia River Basins of streams and 1,387.1 ha (3,427.6 ac) of Unit (Mid-Columbia Recovery Unit) Hood River above Clear Branch Dam lake surface area. The single Odell Lake and (2) Hood River and tributaries The Upper Columbia River Basins bull trout population has been isolated below Clear Branch Dam. This unit CHU includes the entire drainages of from the Deschutes River population by provides spawning and rearing habitat. three CHSUs in central and north- a lava flow that impounded Odell Creek For a detailed description of this unit, central Washington on the east slopes of and formed Davis Lake approximately for justification of why this CHU, the Cascade Range and east of the 5,500 years ago. Odell Lake is the only included CHSUs, or in some cases Columbia River between Wenatchee, individual water bodies are proposed as remaining natural adfluvial population Washington, and the Okanogan River critical habitat, and for documentation of bull trout in Oregon. The following drainage: (1) Wenatchee River CHSU in of occupancy by bull trout, see Service lake area and stream segments are Chelan County; (2) Entiat River CHSU in (2009 p. 15), or http://www.fws.gov/ included in this CHU. This unit Chelan County; and (3) Methow River pacific/bulltrout. provides spawning and rearing habitat. CHSU in Okanogan County. The Upper For a detailed description of this unit, Columbia River Basins CHU also Unit 6: Lower Deschutes River Unit for justification of why this CHU, includes the Lake Chelan basin (with The Lower Deschutes River CHU is included CHSUs, or in some cases some proposed critical habitat and located in Wasco, Sherman, Jefferson, individual water bodies are proposed as Okanogan River basin) which Deschutes, and Crook Counties in critical habitat, and for documentation historically provided spawning and central Oregon. There are five known of occupancy by bull trout, see Service rearing and FMO habitat. But it is local population in the lower Deschutes (2009 p. 16), or http://www.fws.gov/ unclear what role these drainages may River basin: (1) Warm Springs River; (2) pacific/bulltrout. play in recovery. A total of 1,125.9 km

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(699.6 mi) of streams and 1,033.2 ha includes portions of the mainstem John Washington. There are five known bull (2,553.1 ac) of lake surface area in this Day River, North Fork John Day River, trout local populations in this unit: two CHU are proposed as critical habitat to Middle Fork John Day River, and their in the Walla Walla River basin and three provide for spawning and rearing, FMO tributary streams within Wheeler, Grant, in the Touchet River basin. The habitat to support three core areas and Umatilla Counties in Oregon. A subunits within this unit provide essential for conservation and recovery. total of 1,176.4 km (731.0 mi) of streams spawning, rearing, foraging, migratory, The subunits within this unit provide are proposed as critical habitat. connecting, and overwintering habitat. spawning, rearing, foraging, migratory, Four CHSUs are defined for the John For a detailed description of this unit connecting, and overwintering habitat. Day River CHU: Lower Mainstem John and subunits, for justification of why For a detailed description of this unit Day River, Upper Mainstem John Day this CHU, included CHSUs, or in some and subunits, for justification of why River, North Fork John Day River, and cases individual water bodies are this CHU, included CHSUs, or in some Middle Fork John Day River. The latter proposed as critical habitat, and for cases individual water bodies are three generally correspond to core areas. documentation of occupancy by bull proposed as critical habitat, and for All proposed critical habitat trout, see Service (2009 p. 21), or http:// documentation of occupancy by bull designations are essential to the long- www.fws.gov/pacific/bulltrout. trout, see Service (2009 pp. 18–19), or term conservation of the species. The Unit 15: Lower Snake River Basins Unit http://www.fws.gov/pacific/bulltrout. subunits within this unit provide spawning, rearing, foraging, migratory, The Lower Snake River Basins CHU is Unit 11: Yakima River Unit connecting, and overwintering habitat. located in southeast Washington and The Yakima River CHU supports For a detailed description of this unit contains two CHSUs: (1) Tucannon adfluvial, fluvial, and resident life- and subunits, for justification of why River basin CHSU located in Columbia history forms of bull trout. This CHU this CHU, included CHSUs, or in some and Garfield Counties and (2) Asotin includes the mainstem Yakima River cases individual water bodies are Creek basin CHSU within Garfield and and tributaries from its confluence with proposed as critical habitat, and for Asotin Counties. Approximately 284.2 the Columbia River upstream from the documentation of occupancy by bull km (176.6 mi) of stream are proposed as mouth of the Columbia River upstream trout, see Service (2009 p. 20), or http:// critical habitat for bull trout within this to its headwaters at the crest of the www.fws.gov/pacific/bulltrout. unit. The subunits within this unit Cascade Range. The Yakima River CHU provide spawning, rearing, foraging, is located on the eastern slopes of the Unit 13: Umatilla River Unit migratory, connecting, and Cascade Range in south-central The Umatilla River CHU is located in overwintering habitat. For a detailed Washington and encompasses the entire northeastern Oregon in Umatilla and description of this unit and subunits, for Yakima River basin located between the Union Counties. There are two local justification of why this CHU, included Klickitat and Wenatchee Basins. The populations in this unit: one in the CHSUs, or in some cases individual Yakima River basin is one of the largest North Fork Umatilla River and one in water bodies are proposed as critical basins in the State of Washington; it North Fork Meacham Creek. Bull trout habitat, and for documentation of drains southeast into the Columbia in this basin are primarily fluvial occupancy by bull trout, see Service River near the town of Richland, migrants that overwinter in middle and (2009 pp. 21–22), or http:// Washington. The basin occupies most of lower sections of the mainstem Umatilla www.fws.gov/pacific/bulltrout. Yakima and Kittitas Counties, about half River. Unit 16: Grande Ronde River Unit of Benton County, and a small portion Approximately 211.8 km (131.8 mi) of of Klickitat County. This CHU does not stream is proposed as critical habitat for The Grande Ronde River CHU is contain any subunits because it bull trout in the Umatilla River basin. located in northeast Oregon and supports one core area. A total of Approximately 48.7 km (30.3 mi) of southeast Washington and includes the 1,191.4 km (740.3 mi) of stream habitat stream within the Confederated Tribes Grande Ronde core area and the Little and 6,285.2 ha (15,531.0 ac) of lake and of the Umatilla Indian Reservation lands Minam core area. The Grande Ronde reservoir surface area in this CHU are is being proposed as critical habitat. The core area includes large portions of proposed as critical habitat. One of the stream segments that make up the Union and Wallowa Counties and a largest populations of bull trout (South Umatilla River CHU are described small portion of Umatilla County in Fork Tieton River population) in central below. This unit provides spawning, Oregon and about one-third of Asotin Washington is located above the Tieton rearing, foraging, migratory, connecting, County and small portions of Columbia Dam and supports the core area. This and overwintering habitat. For a and Garfield Counties in Washington. CHU supports two potential resident detailed description of this unit, for The Little Minam core area is located local populations identified in the U.S. justification of why this CHU, included entirely within the Eagle Cap Fish and Service’s 2008 five year review CHSUs, or in some cases individual Wilderness on the western edge of the (Service 2008, p. 6). This unit provides water bodies are proposed as critical Wallowa subbasin in both Union and spawning, rearing, foraging, migratory, habitat, and for documentation of Wallowa Counties in Oregon. connecting, and overwintering habitat. occupancy by bull trout, see Service The Grande Ronde River CHU For a detailed description of this unit, (2009 p. 21), or http://www.fws.gov/ contains at least ten local populations in for justification of why this CHU, pacific/bulltrout. the Grande Ronde River basin: (1) Upper included CHSUs, or in some cases Grande Ronde; (2) Catherine; (3) Indian; Unit 14: Walla Walla River Basin Unit individual water bodies are proposed as (4) Minam/Deer; (5) Lostine/Bear; (6) critical habitat, and for documentation The Walla Walla River Basin CHU Upper Hurricane; (7) North Fork of occupancy by bull trout, see Service straddles the Oregon–Washington State Wenaha; (8) South Fork Wenaha; (9) (2009 pp. 19–20), or http:// line in the eastern part of both States Butte and West Fork Butte; and (10) www.fws.gov/pacific/bulltrout. and includes two CHSUs. The unit Lookingglass. The Little Minam River, a includes 452.7 km (281.3 mi) of stream, separate core area and a tributary to the Unit 12: John Day River Unit extending across portions of Umatilla Minam River, encompasses tributaries The John Day River CHU in the John and Wallowa Counties in Oregon and containing one local population located Day River basin in eastern Oregon Walla Walla and Columbia Counties in above a barrier falls at approximately

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9.0 km (5.6 mi) upstream, as well as the as critical habitat. The subunits within (2009 pp. 24–26), or http:// Little Minam River below the barrier to this unit provide spawning, rearing, www.fws.gov/pacific/bulltrout. its confluence with the Minam River. foraging, migratory, connecting, and Unit 22: Mainstem Upper Columbia The Grande Ronde River CHU includes overwintering habitat. For a detailed River Unit 1,057.7 km (657.2 mi) of streams and description of this unit and subunits, for 605.2 ha (1,495.5 ac) of lakes and justification of why this CHU, included The Mainstem Upper Columbia River reservoirs proposed as critical habitat. CHSUs, or in some cases individual CHU includes the Columbia River from This unit provides spawning, rearing, water bodies are proposed as critical John Day Dam upstream 522.7 km foraging, migratory, connecting, and habitat, and for documentation of (324.8 mi) to Chief Joseph Dam. The overwintering habitat. For a detailed occupancy by bull trout, see Service Columbia River generally flows south description of this unit, for justification (2009 pp. 23–24), or http:// from Canada, southwest through of why this CHU, included CHSUs, or www.fws.gov/pacific/bulltrout. Washington, and west through Oregon. in some cases individual water bodies The Columbia River drains from its are proposed as critical habitat, and for Unit 20: Powder River Basin Unit headwaters in Alberta, Canada, and the documentation of occupancy by bull The Powder River Basin CHU west slopes of the Rocky Mountains in trout, see Service (2009 pp. 22–23), or includes approximately 404.3 km (251.2 Montana. This reach of river is heavily http://www.fws.gov/pacific/bulltrout. mi) of stream proposed as critical influenced by Grand Coulee Dam habitat and is located within Baker, operations, which provide Unit 17: Imnaha River Unit hydroelectricity and irrigation water. Union, and Wallowa Counties in The Imnaha River CHU extends across The Mainstem Upper Columbia River northeastern Oregon. This unit is Wallowa, Baker, and Union Counties in CHU supports FMO habitat for fluvial thought to contain 10 local populations northeastern Oregon. The CHU contains bull trout; several accounts exist of bull of bull trout and 1 potential local approximately 285.7 km (177.5 mi) of trout in the Columbia River between the population. Several unoccupied river proposed as critical habitat and Yakima and John Day Rivers. The sections of the Powder River mainstem four local populations: (1) Mainstem Mainstem Upper Columbia River CHU have been proposed to provide Imnaha River; (2) Big Sheep Creek and provides connectivity to the Mainstem connectivity and recovery opportunities tributary streams (Big Sheep Creek is Lower Columbia River CHU and 13 for local populations. The stream considered to be one local population additional CHUs (Clearwater River, segments that make up the Powder above and below the Wallowa Valley Powder River Basin, Imnaha River, River Basin CHU are described below. Irrigation Canal); (3) Little Sheep Creek Grande Ronde River, Walla Walla River This unit provides spawning, rearing, and tributary streams; and (4) McCully Basin, Umatilla River, John Day River, foraging, migratory, connecting, and Creek, which could be considered one Yakima River, Mainstem Snake River, overwintering habitat. For a detailed or two local populations depending if Lower Snake River Basins, Hells Canyon description of this unit, for justification Big Sheep Creek above and below the Complex, Sheep and Granite Creeks, of why this CHU, included CHSUs, or diversion are separated. This unit and Upper Columbia River Basins). The in some cases individual water bodies provides spawning, rearing, foraging, Mainstem Upper Columbia River CHU are proposed as critical habitat, and for migratory, connecting, and is located in north-central, central, and documentation of occupancy by bull overwintering habitat. For a detailed south-central Washington and north- trout, see Service (2009 p. 24), or http:// description of this unit, for justification central and northeast Oregon. This CHU www.fws.gov/pacific/bulltrout. of why this CHU, included CHSUs, or is within Klickitat, Franklin, Benton, in some cases individual water bodies Unit 21: Clearwater River Unit Grant, Yakima, Kittitas, Chelan, are proposed as critical habitat, and for Douglas, and Okanogan Counties in documentation of occupancy by bull The Clearwater River CHU is located Washington and Sherman, Gilliam, trout, see Service (2009 p. 23), or http:// east of Lewiston, Idaho, and extends Morrow, and Umatilla Counties in www.fws.gov/pacific/bulltrout. from the Snake River confluence at Oregon. Several dams, all of which have Lewiston on the west to headwaters in reports of bull trout using their ladders, Unit 18: Sheep and Granite Creeks Unit the Bitterroot Mountains along the are located throughout this portion of This CHU is located within Adams Idaho–Montana border on the east in the Columbia River, including John Day, and Idaho Counties in Idaho, Nez Perce, Latah, Lewis, Clearwater, McNary, Priest Rapids, Wanapum, Rock approximately 21.0 km (13.0 mi) east of Idaho, and Shoshone Counties. This Island, Rocky Reach, and Wells Dams. Riggins, Idaho. In the Sheep and Granite unit includes five CHSUs: Lower/ For a justification of why this CHU, Creeks CHU, 47.9 km (29.7 mi) of Middle Fork Clearwater River; North included CHSUs, or in some cases streams are proposed as critical habitat. Fork Clearwater River (and Fish Lake); individual water bodies are proposed as This unit provides spawning, rearing, South Fork Clearwater River; Lochsa critical habitat, and for documentation foraging, migratory, connecting, and River (and Fish Lake); and the Selway of occupancy by bull trout, see Service overwintering habitat. For a detailed River. In the Clearwater River CHU, (2009 p. 26), or http://www.fws.gov/ description of this unit, for justification 2,702.1 km (1,679.0 mi) of streams and pacific/bulltrout. of why this CHU, included CHSUs, or 6,721.9 ha (16,610.2 ac) of lake and Unit 23: Mainstem Snake River Unit in some cases individual water bodies reservoir surface area are proposed as are proposed as critical habitat, and for critical habitat. The subunits within this The Mainstem Snake River CHU is documentation of occupancy by bull unit provide spawning, rearing, located from the confluence with the trout, see Service (2009 p. 23), or http:// foraging, migratory, connecting, and Columbia River upstream to the head of www.fws.gov/pacific/bulltrout. overwintering habitat. For a detailed Brownlee Reservoir. The Snake River is description of this unit and subunits, for the largest tributary to the Columbia Unit 19: Hells Canyon Complex Unit justification of why this CHU, included River and forms the border between The Hells Canyon Complex is located CHSUs, or in some cases individual Washington and Idaho from Clarkston/ in Adams County, Idaho, and Baker water bodies are proposed as critical Lewiston upstream to Oregon. The County, Oregon. This CHU contains habitat, and for documentation of Snake River also forms the boundary 399.3 km (248.1 mi) of streams proposed occupancy by bull trout, see Service between Idaho and Oregon, and at that

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point upstream to the upper limit of Unit 25: Jarbidge River Unit Unit 27: Salmon River Basin Unit Brownlee Reservoir, forms this CHU. The Salmon River basin extends The Snake River is within Franklin, The Jarbidge River CHU encompasses the Jarbidge and Bruneau River basins, across central Idaho from the Snake Walla Walla, Columbia, Whitman, and River to the Montana–Idaho border. The Asotin Counties in Washington; which drain into the Snake River within C.J. Strike Reservoir upstream of Grand Salmon River Basin CHU extends across Wallowa, Whitman, Baker, and Malheur portions of Adams, Blaine, Custer, Counties in Oregon; and Nez Perce, View, Idaho. The Jarbidge River CHU is Idaho, Lemhi, Nez Perce, and Valley Idaho, Adams, and Washington located approximately 70 miles north of Counties in Idaho. There are 10 CHSUs: Counties in Idaho. Elko within Owyhee County in In the lower section of the Snake Little-Lower Salmon River, Opal Lake, southwestern Idaho and Elko County in Lake Creek, South Fork Salmon River, River are a series of dams and locks northeastern Nevada. built by the U.S. Army Corps of Middle Salmon–Panther River, Middle The Jarbidge River CHU includes Engineers (COE). The Lower Granite, Fork Salmon River, Middle Salmon Little Goose, Lower Monumental, and 266.9 km (165.9 mi) of streams proposed Chamberlain River, Upper Salmon Ice Harbor Dams generate hydroelectric as critical habitat. The Jarbidge River River, Lemhi River, and Pahsimeroi power and provide barge traffic CHU contains six local populations of River. The Salmon River Basin CHU navigation to Lewiston, Idaho. The resident and migratory bull trout and includes 8,119.4 km (5,045.1 mi) of major features in the Hells Canyon the stream segments in the Jarbidge stream and 1,659.5 ha (4,100.6 ac) of Hydroelectric Complex reach of the River CHU provide either FMO or lake and reservoir surface area proposed Snake River are Hells Canyon, Oxbow, spawning and rearing habitat. These as critical habitat. The subunits within and Brownlee Dams and their habitats maintain the population and this unit provide spawning, rearing, reservoirs. These projects are owned the migratory life-history form essential foraging, migratory, connecting, and and operated by the Idaho Power to the species’ long-term conservation overwintering habitat. For a detailed Company to produce electrical power. and provide habitat necessary for the description of this unit and subunits, for The Mainstem Snake River CHU recovered distribution of bull trout justification of why this CHU, included includes 552.2 km (343.1 mi) of streams (Service 2004b, pp. 7–9). The stream CHSUs, or in some cases individual proposed as critical habitat. This unit segments that make up the Jarbidge Unit water bodies are proposed as critical provides foraging, migratory, are described below. This unit provides habitat, and for documentation of occupancy by bull trout, see Service connecting, and overwintering habitat. spawning, rearing, foraging, migratory, (2009 pp. 29–30), or http:// For a detailed description of this unit, connecting, and overwintering habitat. www.fws.gov/pacific/bulltrout. for justification of why this CHU, For a detailed description of this unit, included CHSUs, or in some cases for justification of why this CHU, Unit 28: Little Lost River Unit individual water bodies are proposed as included CHSUs, or in some cases critical habitat, and for documentation Located within Butte, Custer, and individual water bodies are proposed as Lemhi Counties in east-central Idaho, of occupancy by bull trout, see Service critical habitat, and for documentation (2009 p. 26), or http://www.fws.gov/ near the town of Arco, Idaho, designated of occupancy by bull trout, see Service pacific/bulltrout. critical habitat in the Little Lost River (2009 p. 27), or http://www.fws.gov/ CHU includes 206.6 km (128.4 mi) of Unit 24: Malheur River Basin Unit pacific/bulltrout. streams proposed as critical habitat. (Upper Snake Recovery Unit) Unit 26: Southwest Idaho River Basins This unit provides spawning, rearing, The Malheur River Basin CHU is in Unit foraging, migratory, connecting, and eastern Oregon within Grant, Baker, overwintering habitat. For a detailed Harney, and Malheur Counties. A total The Southwest Idaho River Basins description of this unit, for justification of 250.7 km (155.8 mi) of streams and CHU is located in southwest Idaho in of why this CHU, included CHSUs, or 715.9 ha (1,768.9 ac) of reservoir surface the following counties: Adams, Boise, in some cases individual water bodies area are proposed as critical habitat. Camas, Canyon, Elmore, Gem, Valley, are proposed as critical habitat, and for There are two local bull trout and Washington. This unit includes documentation of occupancy by bull populations (Upper Malheur and North eight CHSUs: Anderson Ranch, trout, see Service (2009 p. 30), or http:// Fork Malheur Rivers (Service 2002, pp. Arrowrock Reservoir, South Fork www.fws.gov/pacific/bulltrout. 34–35)). The Bull Trout Draft Recovery Payette River, Deadwood River, Middle Unit 29: Coeur d’Alene River Basin Unit Plan also identified several streams, Fork Payette River, North Fork Payette (Columbia Headwaters Recovery Unit) including Bosonberg Creek, McCoy River, Squaw Creek, and Weiser River. Creek, and Corral Basin Creek, for Located in Kootenai, Shoshone, The Southwest Idaho River Basins CHU expansion of bull trout range within the Benewah, Bonner, and Latah Counties upper Malheur River local population includes approximately 2,716.7 km in Idaho, the Coeur d’Alene River Basin (Service 2002, pp. 34–35). Summit (1,688.1 mi) of streams and 15,540.2 ha CHU includes the entire Coeur d’Alene Creek is considered potential suitable (38,400.6 ac) of lake and reservoir Lake basin in northern Idaho. A total of bull trout habitat and is included in the surface area proposed as critical habitat. 819.6 km (509.3 mi) of streams and proposed designation. This unit The subunits within this unit provide 12,606.9 ha (31,152.2 ac) of lake surface provides spawning, rearing, foraging, spawning, rearing, foraging, migratory, area are proposed as critical habitat. migratory, connecting, and connecting, and overwintering habitat. There are no subunits within the Coeur overwintering habitat. For a detailed For a detailed description of this unit d’Alene River Basin CHU. This unit description of this unit, for justification and subunits, for justification of why provides spawning, rearing, foraging, of why this CHU, included CHSUs, or this CHU, included CHSUs, or in some migratory, connecting, and in some cases individual water bodies cases individual water bodies are overwintering habitat. For a detailed are proposed as critical habitat, and for proposed as critical habitat, and for description of this unit, for justification documentation of occupancy by bull documentation of occupancy by bull of why this CHU, included CHSUs, or trout, see Service (2009 p. 27), or http:// trout, see Service (2009 pp. 27–28), or in some cases individual water bodies www.fws.gov/pacific/bulltrout. http://www.fws.gov/pacific/bulltrout. are proposed as critical habitat, and for

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documentation of occupancy by bull of streams and 119,473.5 ha (295,225.5 (50 CFR 402.02) (see Gifford Pinchot trout, see Service (2009 p. 31), or http:// ac) of 45 lakes and reservoirs proposed Task Force v. U.S. Fish and Wildlife www.fws.gov/pacific/bulltrout. as critical habitat. The subunits within Service, 378 F.3d 1059 (9th Cir. 2004) this unit provide spawning, rearing, and Sierra Club v. U.S. Fish and Unit 30: Kootenai River Basin Unit foraging, migratory, connecting, and Wildlife Service et al., 245 F.3d 434, The Kootenai River Basin CHU is overwintering habitat. For a detailed 442 (5th Cir. 2001)), and we do not rely located in the northwestern corner of description of this unit and subunits, for on this regulatory definition when Montana and the northeastern tip of the justification of why this CHU, included analyzing whether an action is likely to Idaho panhandle and includes the CHSUs, or in some cases individual destroy or adversely modify critical Kootenai River watershed upstream and water bodies are proposed as critical habitat. Under the statutory provisions downstream of Libby Dam. The habitat, and for documentation of of the Act, we determine destruction or Kootenai River flows in a unique occupancy by bull trout, see Service adverse modification on the basis of horseshoe configuration, entering the (2009 pp. 32–36), or http:// whether, with implementation of the United States from British Columbia, www.fws.gov/pacific/bulltrout. proposed Federal action, the affected Canada, and then traversing across critical habitat would remain functional northwest Montana and the northern Unit 32: Saint Mary River Basin Unit (or retain those physical or biological Idaho panhandle before returning to (Saint Mary Recovery Unit) features that relate to the ability of the British Columbia from Idaho where it We are proposing to designate critical area to periodically support the species) eventually joins the upper Columbia habitat for bull trout in identified stream to serve its intended conservation role River drainage. The Kootenai River segments and lakes in the Saint Mary for the species. Basin CHU includes two CHSUs: the River Basin CHU in Montana. The entire Federal activities that may affect bull downstream Kootenai River CHSU in U.S. portion of the Saint Mary River trout or its designated critical habitat Boundary County, Idaho, and Lincoln drainage, which forms the Saint Mary require section 7 consultation under the County, Montana, and the upstream River Basin CHU, is located in Glacier Act. Activities on State, Tribal, local, or Lake Koocanusa CHSU in Lincoln County, Montana. The total stream private lands requiring a Federal permit County, Montana. The entire Kootenai distance proposed for designation as (such as a permit from the U.S. Army River Basin CHU includes 587.0 km critical habitat in Montana is about Corps of Engineers under section 404 of (364.7 mi) of streams and 12,089.2 ha 116.8 km (72.6 mi), and the five lakes the Clean Water Act (33 U.S.C. 1251 et (29,873.1 ac) of lake and reservoir have a surface area of about 2,555.4 ha seq.) or a permit from us under section surface area proposed as critical habitat. (6,314.5 ac). 10 of the Act) or involving some other The subunits within this unit provide Most high-elevation waters in Glacier Federal action (such as funding from the spawning, rearing, foraging, migratory, National Park were historically fishless. Federal Highway Administration, connecting, and overwintering habitat. Due to natural migration barriers, bull Federal Aviation Administration, or the For a detailed description of this unit trout occupancy in the headwaters of Federal Emergency Management and subunits, for justification of why the Belly River drainage (directly west Agency) are subject to the section 7 this CHU, included CHSUs, or in some of and adjacent to the Saint Mary River consultation process. Federal actions cases individual water bodies are drainage) was confined to only a very not affecting listed species or critical proposed as critical habitat, and for minor portion of the U.S habitat near habitat, and actions on State, Tribal, documentation of occupancy by bull the international border. Due to this local or private lands that are not trout, see Service (2009 pp. 31–32), or restricted U.S. distribution and the fact federally funded, authorized, or http://www.fws.gov/pacific/bulltrout. that all FMO habitat for these permitted do not require section 7 Unit 31: Clark Fork River Basin Unit populations is in Alberta, Canada, the consultation. If a species is listed or critical habitat The Clark Fork River Basin CHU Belly River headwaters in unroaded backcountry of Glacier National Park are is designated, section 7(a)(2) of the Act includes the northeastern corner of requires Federal agencies to ensure the Washington (Pend Oreille County), the not included in this proposed critical habitat designation. This unit provides activities they authorize, fund, or carry panhandle portion of northern Idaho out are not likely to jeopardize the (Boundary, Bonner, and Kootenai spawning, rearing, foraging, migratory, connecting, and overwintering habitat. continued existence of the species or Counties), and most of western Montana destroy or adversely modify its critical (Lincoln, Flathead, Sanders, Lake, For a detailed description of this unit, for justification of why this CHU, habitat. If a Federal action may affect a Mineral, Missoula, Powell, Lewis and listed species or its critical habitat, the Clark, Ravalli, Granite, and Deer Lodge included CHSUs, or in some cases individual water bodies are proposed as responsible Federal agency (action Counties). This unit includes 12 CHSUs, agency) must enter into consultation organized primarily on the basis of critical habitat, and for documentation of occupancy by bull trout, see Service with us. As a result of this consultation, major watersheds: Lake Pend Oreille, we document compliance with the Pend Oreille River, and lower Priest (2009 p. 36), or http://www.fws.gov/ pacific/bulltrout. requirements of section 7(a)(2) through River (Lake Pend Oreille); Priest Lakes our issuance of: and Upper Priest River (Priest Lakes); Effects of Critical Habitat Designation (1) A concurrence letter for Federal Lower Clark Fork River; Middle Clark actions that may affect, but are not Section 7 Consultation Fork River; Upper Clark Fork River; likely to adversely affect, listed species Flathead Lake, Flathead River, and Section 7(a)(2) of the Act requires or critical habitat; or Headwater Lakes (Flathead); Swan River Federal agencies, including the Service, (2) A biological opinion for Federal and Lakes (Swan); Hungry Horse to ensure that actions they fund, actions that may affect, and are likely to Reservoir, South Fork Flathead River, authorize, or carry out are not likely to adversely affect, listed species or critical and Headwater Lakes (South Fork destroy or adversely modify critical habitat. Flathead); Bitterroot River; Blackfoot habitat. Decisions by the U.S. Courts of When we issue a biological opinion River; Clearwater River and Lakes; and Appeal for the Fifth and Ninth Circuits concluding that a project is likely to Rock Creek. The Clark Fork River Basin have invalidated our definition of jeopardize the continued existence of a CHU includes 5,332.1 km (3,313.2 mi) ‘‘destruction or adverse modification’’ listed species or destroy or adversely

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modify critical habitat, we also provide species to survive and recover. An be comparable. As such, we do not reasonable and prudent alternatives to emphasis is also placed on anticipate, for many circumstances, that the project, if any are identifiable. We characterizing the condition of bull the outcome of the consultation to define ‘‘reasonable and prudent trout in the area affected by the address critical habitat will result in any alternatives’’ at 50 CFR 402.02 as proposed Federal action and the role of significant additional project alternative actions identified during affected populations in the survival and modifications or measures. consultation that: recovery of bull trout. That context is When consulting under section 7(a)(2) • Can be implemented in a manner then used to determine the significance in designated critical habitat, consistent with the intended purpose of of adverse and beneficial effects of the independent analyses are conducted for the action; proposed Federal action and any jeopardy to the species and adverse • Can be implemented consistent with cumulative effects for purposes of modification of critical habitat. In the scope of the Federal agency’s legal making the jeopardy determination. occupied bull trout habitat, any adverse authority and jurisdiction; Core areas form the building blocks that modification determination would • Are economically and provide for conserving the bull trout’s likely also result in a jeopardy technologically feasible; and evolutionary legacy as represented by determination for the same action. As • Would, in the Director’s opinion, major genetic groups. The jeopardy such, project modifications that may be avoid jeopardizing the continued analysis also considers any conservation needed to minimize impacts to the existence of the listed species or measures that may be proposed by a species would coincidentally minimize destroying or adversely modifying Federal action agency to minimize or impacts to critical habitat. Accordingly, critical habitat. compensate for adverse project effects to in occupied critical habitat it is unlikely Reasonable and prudent alternatives the bull trout or to promote its recovery. that an analysis would identify a can vary from slight project If a proposed Federal action is difference between measures needed to modifications to extensive redesign or incompatible with the viability of the avoid the destruction or adverse relocation of the project. Costs affected core area population(s), modification of critical habitat from associated with implementing a inclusive of associated habitat measures needed to avoid jeopardizing reasonable and prudent alternative are conditions, a jeopardy finding may be the species. Alternatively, in similarly variable. warranted, because of the relationship unoccupied critical habitat, we would Regulations at 50 CFR 402.16 require of each core area population to the not conduct a jeopardy analysis, Federal agencies to reinitiate survival and recovery of the species as however, measures to avoid the consultation on previously reviewed a whole. destruction or adverse modification may be necessary to ensure that the affected actions in instances where we have Adverse Modification Standard listed a new species or subsequently critical habitat area can continue to designated critical habitat that may be The analytical framework described serve its intended conservation role for affected and the Federal agency has in the Director’s December 9, 2004, the species, or retain the physical and retained discretionary involvement or memorandum is used to complete biological features related to the ability control over the action (or the agency’s section 7(a)(2) analyses for Federal of the area to periodically support the discretionary involvement or control is actions affecting bull trout critical species. habitat. The key factor related to the authorized by law). Consequently, The adverse modification analysis adverse modification determination is Federal agencies may sometimes need to focuses on the range-wide status of whether, with implementation of the request reinitiation of consultation with critical habitat, the factors responsible proposed Federal action, the affected us on actions for which consultation has for that condition, and what is necessary critical habitat would continue to serve been completed, if those actions with for critical habitat to provide the its intended conservation role for the discretionary involvement or control necessary conservation value to the bull species, or retain those physical and may affect subsequently listed species trout. An emphasis is placed on biological features that relate to the or designated critical habitat. characterizing the functional condition ability of the area to periodically of critical habitat PCEs in the area Application of the ‘‘Jeopardy’’ and support the species. Activities that may affected by the proposed Federal action. ‘‘Adverse Modification’’ Standards destroy or adversely modify critical This analysis then addresses how the habitat are those that alter the physical critical habitat PCEs will be affected, Jeopardy Standard and biological features to an extent that and in turn, how this will influence the Currently, the Service applies an appreciably reduces the conservation conservation role of critical habitat units analytical framework for bull trout value of critical habitat for bull trout. As in support of viable core area jeopardy analysis that relies heavily on discussed above, the role of critical populations. That context is then used the importance of known core area habitat is to support the life-history to determine the significance of adverse populations to the survival and recovery needs of the species and provide for the and beneficial effects of the proposed of bull trout. The section 7(a)(2) of the conservation of the species. Generally, Federal action and any cumulative Act analysis is focused not only on the conservation role of bull trout effects for purposes of making the these populations, but also on the critical habitat units is to support viable adverse modification determination at habitat conditions that support them. core area populations. the range-wide scale. If a proposed The jeopardy analysis usually Since the primary threat to bull trout Federal action would alter the physical expresses the survival and recovery is habitat loss or degredation, the or biological features of critical habitat needs of bull trout in a qualitative jeopardy analysis under section 7 of the to an extent that appreciably reduces the fashion without making distinctions Act for a project with a Federal nexus conservation function of critical habitat between what is necessary for survival will most likely evaluate the effects of for the bull trout, an adverse and what is necessary for recovery. the action on the conservation or modification finding for the proposed Generally, the jeopardy analysis focuses functionality of the habitat for the bull action is considered to be warranted. on the range-wide status of bull trout, trout. Because of this, we believe that in The intended purpose of critical habitat the factors responsible for that many cases the analysis of the project to to support viable core areas establishes condition, and what is necessary for this address designated critical habitat will a sensitive scale for relating effects of an

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action on CHUs or subunits to the changes in channel morphology by Exemptions conservation function of the entire altering sediment production, debris Application of Section 4(a)(3) of the Act designated critical habitat. loading, and peak flows. Section 4(b)(8) of the Act requires us (4) Detrimental alterations to the The Sikes Act Improvement Act of to briefly evaluate and describe, in any water chemistry in any of the designated 1997 (Sikes Act) (16 U.S.C. § 670a) proposed or final regulation that stream segments. Possible actions would required each military installation that designates critical habitat, activities include release of chemical or biological includes land and water suitable for the involving a Federal action that may pollutants into the surface water or conservation and management of destroy or adversely modify such connected groundwater at a point natural resources to complete an habitat, or that may be affected by such source or by dispersed releases Integrated Natural Resources designation. Activities that, when (nonpoint). Management Plan (INRMP) by carried out, funded, or authorized by a (5) Proposed activities that are likely November 17, 2001. An INRMP Federal agency, may affect critical to result in the introduction, spread, or integrates implementation of the habitat and, therefore, result in augmentation of nonnative species in military mission of the installation with consultation for the bull trout include, any of the designated stream segments. stewardship of the natural resources but are not limited to: Possible actions would include fish found on the base. Each INRMP (1) Detrimental alteration of the includes: stocking, use of live bait fish, • minimum flow or the natural flow aquaculture, improper construction and An assessment of the ecological regime of any of the designated stream operation of canals, and interbasin needs on the installation, including the segments. Possible actions would water transfers. need to provide for the conservation of include groundwater pumping, listed species; (6) Proposed activities that are likely impoundment, water diversion, and • A statement of goals and priorities; to create significant instream barriers to hydropower generation. We note that • A detailed description of bull trout movement. Possible actions such flow alterations resulting from management actions to be implemented would include water diversions, actions affecting tributaries of the to provide for these ecological needs; impoundments, and hydropower designated stream reaches may also and generation where effective fish passage destroy or adversely modify critical A monitoring and adaptive facilities, mechanisms, or procedures habitat. management plan. (2) Alterations to the designated are not provided. Among other things, each INRMP stream segments that could indirectly We consider all 32 CHUs to contain must, to the extent appropriate and cause significant and detrimental effects features essential to the conservation of applicable, provide for fish and wildlife to bull trout habitat. Possible actions the bull trout. All units are within the management; fish and wildlife habitat include vegetation manipulation, timber geographic range of the species, and enhancement or modification; wetland harvest, road construction and portions of all units were occupied by protection, enhancement, and maintenance, prescribed fire, livestock the species at the time of listing (based restoration where necessary to support grazing, off-road vehicle use, powerline on observations made within the last 20 fish and wildlife; and enforcement of or pipeline construction and repair, years). All units are likely to be used by applicable natural resource laws. mining, and development. Riparian the bull trout for foraging, migrating, The National Defense Authorization vegetation profoundly influences overwintering, spawning, or rearing. Act for Fiscal Year 2004 (Publ. L. 108– instream habitat conditions by Federal agencies already consult with 136) amended the Act to limit areas providing shade, organic matter, root us on activities in areas currently eligible for designation of critical strength, bank stability, and large woody occupied by the bull trout to ensure that habitat. Specifically, section 4(a)(3)(B)(i) debris inputs to streams. These their actions do not jeopardize the of the Act (16 U.S.C. § 1533(a)(3)(B)(i)) characteristics influence water continued existence of the bull trout. now provides, ‘‘The Secretary shall not temperature, structure and physical These agencies may need to request designate as critical habitat any lands or attributes (useable habitat space, depth, reinitiation on some of their existing other geographical areas owned or width, channel roughness, cover activities if the agency has continued controlled by the Department of complexity), and food supply. discretional involvement or control and Defense, or designated for its use, that (3) Detrimental alteration of the if the activity may affect designated are subject to an integrated natural channel morphology of any of the critical habitat. However, we anticipate resources management plan prepared designated stream segments. Possible the burden of reinitiation will be minor under section 101 of the Sikes Act (16 actions would include channelization; because of the aforementioned U.S.C. § 670a), if the Secretary impoundment; road and bridge similarity between measures needed to determines in writing that such plan construction; deprivation of substrate avoid the destruction or adverse provides a benefit to the species for source; destruction and alteration of modification of critical habitat and which critical habitat is proposed for aquatic or riparian vegetation; reduction measures needed to avoid jeopardizing designation.’’ of available floodplain; removal of the species. In addition, consultation We consult with the military on the gravel or floodplain terrace materials; tools such as streamlining and development and implementation of and excessive sedimentation from programmatic consultations are INRMPs for installations with listed mining, livestock grazing, road commonly implemented to minimize species. We analyzed INRMPs construction, timber harvest, off-road the administrative costs associated with developed by military installations vehicle use, and other watershed and consultation within the range of the bull located within the range of the floodplain disturbances. We note that trout. We expect these tools will Columbia and Coastal-Puget Sound such actions in the upper watershed continue be used for any reinitiations of populations of bull trout and which (beyond the riparian area) may also consultation for bull trout critical contain those features essential to the destroy or adversely modify critical habitat, thereby minimizing any species’ conservation, to determine if habitat. For example, timber harvest additional administrative costs these installations may warrant activities and associated road associated with designating the critical consideration for exemption under construction in upland areas can lead to habitat. section 4(a)(3) of the Act. Each of the

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Department of Defense (DOD) section 4(a)(3) of the Act. We are not through (1) protecting and enhancing installations identified below has been including approximately 7 ha (16 ac) of wetlands (e.g., all wetlands–marshes, conducting surveys and habitat habitat in this proposed critical habitat lakes, rivers, and streams are protected management to benefit the bull trout, designation because of this exemption. with 300-foot-wide riparian buffers to and reporting the results of their efforts maintain cold water temperatures, Naval Radio Station Jim Creek, Naval to the Service. Cooperation between the Station Everett, Naval Air Station prevent sediment from entering the DOD installations and the Service on Whidbey Island, and U.S. Army Fort streams, and to provide for woody specific conservation measures Lewis Installation debris); (2) controlling invasive plant continues. species that often diminish water Naval Radio Station Jim Creek in quality and impact native plants and Approved Integrated Natural Resources western Washington has an approved Management Plans animals; and (3) restoring salmon INRMP. The Naval Radio Station Jim spawning habitat and access to increase We have examined the INRMPs for Creek occurs in the Jim Creek salmon productivity, which contributes each of these military installations to watershed. The lower reaches of Jim to and enhances the bull trout prey base. determine whether they provide Creek provide foraging habitat for Habitat features essential to bull trout benefits to bull trout. subadult and adult bull trout. The Naval conservation are present within or Radio Station Jim Creek INRMP Acoustic Research Detachment (ARD) immediately adjacent to each of these provides benefits to bull trout through Naval Surface Warfare Center DOD installations, and each installation (1) restoration of riparian buffers along has an approved INRMP. Activities The Bayview Acoustic Research Jim Creek, (2) protection of Jim Creek occurring on these installations are Detachment (ARD) Naval Surface from erosion and sedimentation, and (3) being conducted in a manner that Warfare Center, Bayview, Idaho, has an protection of Jim Creek from provides a benefit to bull trout. In approved INRMP. This property contaminants and herbicides. addition, these installations already includes approximately 9.0 ha (22.0 ac) Naval Station Everett in western consult with us under section 7 of the of developed land on the shore of Lake Washington has an approved INRMP. Act on their actions (including those Pend Oreille and 7.0 ha (17.3 ac) of lake The Naval Station Everett property occurring in the open water training and area. There are no tributary streams includes land on or near the shores of testing areas) that may adversely affect within this area utilized by bull trout for Puget Sound that contain important spawning or early life rearing, but the bull trout and their habitat. foraging and migration habitat for Based on the above considerations, lake area does contain important FMO amphidromous (fish that move between and in accordance with section habitat for bull trout. fresh and salt water but not to breed) Bayview ARD’s INRMP outlines 4(a)(3)(B)(i) of the Act, we have bull trout. The Naval Station Everett’s determined that the identified lands are protection and management strategies INRMP benefits bull trout by providing subject to the Naval Radio Station Jim for natural resources on the center, (1) protection to bull trout in the marine Creek, Naval Station Everett, Naval Air including fish species and their habitats. environment from oil spills around Station Whidbey Island, and U.S. Army The plan benefits bull trout through the berthing naval vessels; (2) bioswales to Fort Lewis Installation INRMPs and that protection of kokanee salmon spawning prevent the release of toxins, conservation efforts identified in the habitat, a primary food source for bull contaminants, and oils from reaching INRMPs will provide a benefit to bull trout. The Bayview ARD property in the water column through storm drains; trout occurring in habitats within or Scenic Bay hosts from 40 to 70 percent and (3) restoration of riparian habitat on adjacent to DOD installations. of the kokanee spawning activity in Navy lands located along the Middle Therefore, lands within these Lake Pend Oreille, depending on the Fork Quilceda Creek. year. The INRMP includes measures to Naval Air Station Whidbey Island in installations are exempt from critical minimize impacts to kokanee habitat by western Washington has an approved habitat designation under section 4(a)(3) limiting facility boat traffic during INRMP. The Naval Station Whidbey of the Act. We are not including spawning periods (November– Island property includes land on or near approximately a total of 40 km (24.9 mi) December) and implementing sediment the shores of Puget Sound that contain of habitat determined to contain features control measures. Furthermore, important foraging and migration essential to the conservation of the bull interpretive signs have been placed habitat for amphidromous bull trout. trout in this proposed critical habitat throughout the property to educate Naval Aviation Station Whidbey designation because of these employees and the public regarding Island’s INRMP benefits bull trout exemptions. various aspects of the region’s natural through (1) monitoring and managing . resources, threatened or endangered livestock grazing, (2) managing road Exclusions species (including bull trout), and building and maintenance to prevent geological history. The INRMP requires erosion and sedimentation of bull trout Application of Section 4(b)(2) of the Act the natural resource manager to provide habitat, (3) assuring proper disposal of Section 4(b)(2) of the Act states that ARD INRMP awareness training to hazardous materials, and (4) the Secretary must designate or make facilitate INRMP implementation. implementation of their Integrated Pest revisions to critical habitat on the basis Based on the above considerations Management Plan’s best management of the best available scientific data after and in accordance with section practices to protect aquatic taking into consideration the economic 4(a)(3)(B)(i) of the Act, we have environments. impact, national security impact, and determined that the identified lands are The U.S. Army Fort Lewis Installation any other relevant impacts of specifying subject to the Bayview ARD INRMP and (Fort Lewis) located in western any particular area as critical habitat. that conservation efforts identified in Washington has an approved INRMP. The Secretary may exclude an area from the INRMP will provide a benefit to bull Fort Lewis borders the Nisqually River critical habitat if he determines that the trout occurring in habitats within or and Puget Sound near important benefits of such exclusion outweigh the adjacent to Bayview ARD. Therefore, foraging and migration habitat for benefits of specifying such area as part lands within this installation are exempt amphidromous bull trout. The INRMP of the critical habitat, unless he from critical habitat designation under for Fort Lewis benefits bull trout determines, based on the best scientific

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data available, that the failure to of bull trout presence and the designation would impair the benefits of designate such area as critical habitat importance of habitat protection and, in the plan; (7) the extent of public will result in the extinction of the cases where a Federal nexus exists, participation; (8) demonstrated track species. In making that determination, increases habitat protection for bull record of implementation success; (9) the legislative history is clear that the trout due to the protection from adverse level of public benefits derived from Secretary has broad discretion regarding modification or destruction of critical encouraging collaborative efforts and which factor(s) to use and how much habitat. encouraging private and local weight to give to any factor. When we evaluate the existence of a conservation efforts; and (10) the effect Under section 4(b)(2) of the Act, we conservation plan when considering the designation would have on may exclude an area from designated benefits of exclusion, we consider a partnerships. critical habitat based on economic variety of factors including, but not After evaluating the benefits of impacts, impacts to national security, or limited to, whether the plan is finalized; inclusion and the benefits of exclusion, any other relevant impacts. In how it provides for the conservation of we carefully weigh the two sides to considering whether to exclude a the essential physical and biological determine whether the benefits of particular area from the designation, we features; whether there is a reasonable excluding a particular area outweigh the must identify the benefits of including expectation that the conservation benefits of its inclusion in critical the area in the designation, identify the management strategies and actions habitat. If we determine that the benefits benefits of excluding the area from the contained in a management plan will be of excluding a particular area outweigh designation, and determine whether the implemented into the future; whether the benefits of its inclusion, then the benefits of exclusion outweigh the the conservation strategies in the plan Secretary can exercise his discretion to benefits of inclusion. If based on this are likely to be effective; and whether exclude the area, provided that the analysis, we make this determination, the plan contains a monitoring program exclusion will not result in the then we can exclude the area only if or adaptive management to ensure that extinction of the species. such exclusion would not result in the the conservation measures are effective Based on the information provided by extinction of the species. and can be adapted in the future in entities seeking exclusion, as well as When considering the benefits of response to new information. any additional public comments inclusion for an area, we consider the The Secretary can consider the received, we will evaluate whether additional regulatory benefits that area existence of conservation agreements certain lands in proposed critical habitat would receive from the protection from and other land management plans with may be appropriate for exclusion from adverse modification or destruction as a Federal, private, State, and Tribal the final designation. If our analysis result of actions with a Federal nexus; entities when making decisions under results in a determination that the the educational benefits of mapping section 4(b)(2) of the Act. The Secretary benefits of excluding particular areas essential habitat for recovery of the may also consider voluntary from the final designation outweigh the listed species; and any benefits that may partnerships and conservation plans, benefits of designating those areas as result from a designation due to State or and weigh the implementation and critical habitat, then the Secretary may Federal laws that may apply to critical effectiveness of these against that of exercise his discretion to exclude the habitat. designation. Consideration of relevant particular areas from the final When considering the benefits of impacts of designation or exclusion designation. exclusion, we consider, among other under section 4(b)(2) may include, but Under section 4(b)(2) of the Act, we things, whether exclusion of a specific is not limited to, any of the following must consider all relevant impacts, area is likely to result in the overall factors: (1) whether the plan provides including economic impacts. In conservation of the bull trout through specific information on how it protects addition to economic impacts the continuation, strengthening, or the species and the physical and (discussed in Economics Analysis encouragement of partnerships and the biological features, and whether the section below), we consider a number of implementation of management plans or plan is at a geographic scope factors in a section 4(b)(2) analysis. For programs that provide equal to or more commensurate with the species; (2) example, we consider whether there are conservation for the bull trout than whether the plan is complete and will lands owned by the DOD where a could be achieved through a designation be effective at conserving and protecting national security impact might exist. We of critical habitat. of the physical and biological features; also consider whether Federal or private In the case of bull trout, where there (3) whether a reasonable expectation landowners or other public agencies may be little additional regulatory exists that conservation management have developed management plans or effects in areas occupied by the species strategies and actions will be HCPs for the area or whether there are resulting from the designation, the implemented, that those responsible for conservation partnerships that would be benefits of critical habitat include implementing the plan are capable of encouraged or discouraged by educational benefits resulting from achieving the objectives, that an designation of, or exclusion from, identification of the features essential to implementation schedule exists, and critical habitat in an area. In addition, the conservation of bull trout and the that adequate funding exists; (4) we look at the presence of tribal lands delineation of the areas important for its whether the plan provides assurances or Tribal trust resources that might be recovery. Further, there may be that the conservation strategies and affected, and consider the government- additional benefits realized by measures will be effective (i.e., to-government relationship of the providing landowners, stakeholders, identifies biological goals, has United States with the tribal entities. and project proponents greater certainty provisions for reporting progress, and is We also consider any social impacts that about which specific areas are important of a duration sufficient to implement the might occur because of the designation. for bull trout that should be effectively plan); (5) whether the plan has a To ensure that our final determination addressed through coordination and monitoring program or adaptive is based on the best available consultation of activities that may affect management to ensure that the information, we are inviting comments those areas or essential features conservation measures are effective; (6) on any foreseeable economic, national contained therein. Thus, critical habitat the degree to which the record supports security, or other potential impacts designation increases public awareness a conclusion that a critical habitat resulting from this proposed designation

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of critical habitat from governmental, variety of entities and the voluntary control of invasive species) are business, or private interests and, in cooperation of many non-Federal necessary for species conservation (Bean particular, any potential impacts on landowners (Wilcove and Chen 1998, p. 2002, pp. 3–4). We believe the judicious small businesses. 1407; Crouse et al.2002, p. 720; James exclusion of specific areas of non- 2002, p. 271). Building partnerships and federally owned lands from critical Exclusions Based on National Security promoting voluntary cooperation of habitat designations can contribute to Impacts landowners is essential to species recovery and provide a superior Under section 4(b)(2) of the Act, we understanding the status of species on level of conservation than critical consider whether there are lands owned non-Federal lands and necessary to habitat alone. or managed by the Department of implement recovery actions, such as the The purpose of designating critical Defense where a national security reintroduction of listed species, habitat habitat is to contribute to the impact might exist. The Navy conducts restoration, and habitat protection. conservation of threatened and essential training and testing within the Many non-Federal landowners derive endangered species and the ecosystems marine waters of Crescent Harbor and satisfaction from contributing to upon which they depend. The outcome Dabob Bay in western Washington. endangered species recovery. of the designation, triggering regulatory These activities are conducted in open Conservation agreements with non- requirements for actions funded, marine waters not controlled by the Federal landowners, safe harbor authorized, or carried out by Federal military and are not included in agreements, other conservation agencies under section 7(a)(2) of the adjacent military INRMPs. However, agreements, easements, and State and Act, can sometimes be because these training and testing local regulations enhance species counterproductive to its intended activities may be essential for national conservation by extending species purpose on non-Federal lands. Thus, the security, we are evaluating whether it protections beyond those available benefits of excluding areas that are may be appropriate to consider the through section 7 consultations. We covered by partnerships or voluntary particular areas where these activities encourage non-Federal landowners to conservation efforts can, in specific occur for exclusion from the final enter into conservation agreements circumstances, be high. designation of critical habitat under based on a view that we can achieve Benefits of Excluding Lands with section 4(b)(2) of the Act. greater species conservation on non- Habitat Conservation Plans Federal land through such partnerships Exclusions Based on Other Relevant The benefits of excluding lands with Factors than we can through regulatory methods (61 FR 63854). approved HCPs from critical habitat Under section 4(b)(2) of the Act, we Many private landowners, however, designation include relieving consider any other relevant impacts, in are wary of the possible consequences of landowners, communities, and counties addition to economic impacts and attracting endangered species to their of any additional regulatory burden that impacts to national security. We property. Mounting evidence suggests might be imposed as a result of the consider a number of factors, including that some regulatory actions by the critical habitat designation. Many HCPs whether the landowners have developed government, while well intentioned and take years to develop and, upon any HCPs or other management plans required by law, can (under certain completion, are consistent with the for the area, or whether there are circumstances) have unintended recovery objectives for listed species conservation partnerships that would be negative consequences for the covered within the plan area. Many encouraged by designation of, or conservation of species on private lands conservation plans also provide exclusion from, critical habitat. In (Wilcove et al.1996, pp. 5–6; Bean 2002, conservation benefits to unlisted addition, we look at any Tribal issues, pp. 2–3; Conner and Mathews 2002, pp. sensitive species. and consider the government-to- 1–2; James 2002, pp. 270–271; Koch A related benefit of excluding lands government relationship of the United 2002, pp. 2–3; Brook et al.2003, pp. covered by approved HCPs from critical States with Tribal entities. We also 1639–1643). Many landowners fear a habitat designation is that it can make consider any social impacts that might decline in their property value due to it easier for us to seek new partnerships occur because of the designation. real or perceived restrictions on land- with future plan participants, including Most federally-listed species in the use options where threatened or States, counties, local jurisdictions, United States will not recover without endangered species are found. conservation organizations, and private cooperation of non-Federal landowners. Consequently, harboring endangered landowners, which together can More than 60 percent of the United species is viewed by many landowners implement conservation actions that we States is privately owned (Lubowski et as a liability. This perception results in would be unable to accomplish al. 2006, p. 35), and at least 80 percent anti-conservation incentives because otherwise. HCPs often cover a wide of endangered or threatened species maintaining habitats that harbor range of species, including species that occur either partially or solely on endangered species represents a risk to are not State and federally-listed and private lands (Crouse et al.2002, p. 720). future economic opportunities (Main et would otherwise receive little Stein et al. (1995, p. 400) found that al.1999, pp. 1264–1265; Brook et protection from development. By only about 12 percent of listed species al.2003, pp. 1644–1648). excluding these lands, we preserve our were found almost exclusively on According to some researchers, the current partnerships and encourage Federal lands (90 to 100 percent of their designation of critical habitat on private additional future conservation actions. known occurrences restricted to Federal lands significantly reduces the We also note that permit issuance in lands) and that 50 percent of federally- likelihood that landowners will support association with HCP applications listed species are not known to occur on and carry out conservation actions requires consultation under section Federal lands at all. (Main et al.1999, p. 1263; Bean 2002, p. 7(a)(2) of the Act, which would include Given the distribution of listed 2; Brook et al.2003, pp. 1644–1648). The the review of the effects of all HCP- species with respect to landownership, magnitude of this negative outcome is covered activities that might adversely conservation of listed species in many greatly amplified in situations where impact the species under a jeopardy parts of the United States is dependent active management measures (such as standard, including possibly significant upon working partnerships with a wide reintroduction, fire management, and habitat modification (see definition of

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‘‘harm’’ at 50 CFR 17.3), even without native salmonids (including bull trout) final bull trout revised critical habitat the critical habitat designation. In occurring on 647,500 ha (1.6 million ac) rule. The DNRC is developing an HCP addition, all other Federal actions that of Plum Creek’s timberlands in for forest management activities on its may affect the listed species would still Montana, Idaho, and Washington. The forested State trust lands in Montana, require consultation under section stated purpose of the Plum Creek Native which are managed by the Trust Lands 7(a)(2) of the Act, and we would review Fish Habitat Conservation Plan (NFHCP) Management Division (TLMD). The these actions for possible significant was to help conserve native salmonids mission of the TLMD is to manage trust habitat modification in accordance with and their ecosystems while allowing land resources to produce revenues for the definition of harm referenced above. Plum Creek to continue to conduct the trust beneficiaries while considering For the reasons discussed under the commercial timber harvest within a environmental factors and protecting ‘‘Application of Section 4(b)(2) of the framework of long-term regulatory the future income-generating capacity of Act’’ section of this rule, if the Secretary certainty and flexibility. The NFHCP the land. Under its forest management decides to exercise his discretion under was permitted in 2000; Plum Creek no program, the TLMD generates revenues section 4(b)(2) of the Act, we have longer owns any of the lands that were for trust beneficiaries through timber identified certain areas that we are covered under that HCP in the States of harvest on classified forest trust lands. considering excluding from the final Idaho and Washington. DNRC manages its forested trust lands revised critical habitat designation for Currently, there are 392,393 ha in accordance with the State Forest bull trout. However, we solicit (969,624 ac) of remaining Plum Creek Land Management Plan (SFLMP) (DNRC comments on the inclusion or exclusion land in Montana that are still covered by 1996) and the Administrative Rules of of such particular areas (see Public the original permit under the NFHCP. Montana (ARMs) for Forest Management Comments section). During the The NFHCP provisions cover (ARMs 36.11.401–456) (Forest development of the final revised approximately 550,700 ha (1.4 million Management ARMs). DNRC’s forested designation, we will consider economic ac) in western Montana and within its trust lands also support Federally-listed impacts, public comments, and other headwaters of the Columbia River basin threatened species. The ARMs direct new information. As a result, additional (Clark Fork and Kootenai River DNRC to confer with the Service to particular areas, in addition to those watersheds). In 2003–2004, when the develop habitat mitigation measures to identified below for potential exclusion Stimson Lumber Company (Stimson) address the needs of listed species. in this proposed rule, may be excluded acquired about 32,650 ha (80,681 ac) of This proposed HCP is a programmatic from the final critical habitat lands previously owned by Plum Creek, plan that identifies DNRC’s proposal for designation under section 4(b)(2) of the Stimson legally assumed all of the Plum managing federally-listed species on Act. Creek NFHCP commitments in that area DNRC’s forested trust lands. Species We consider a current plan to be by executing an assignment and covered under the HCP include bull appropriate for consideration for assumption agreement. In 2008, the trout, westslope cutthroat trout, exclusion from a final critical habitat Montana Working Forests Project was Columbia redband trout, grizzly bear designation under section 4(b)(2) of the initiated, which will result in the (Ursus arctos), and Canada lynx (Lynx Act if: transfer of over 125,580 ha (310,312 ac) canadensis). DNRC has proposed that a (1) It provides for the conservation of of Plum Creek NFHCP lands to The permit be issued under section the essential physical and biological Nature Conservancy (TNC). Funds for 10(a)(1)(B) of the Act by the Service for features; the acquisition were obtained through a a period of 50 years, and views the HCP (2) there is a reasonable expectation provision within the 2008 Farm Bill, as a long-term program for addressing that the conservation management and most of those lands are destined to and improving habitat needs across the strategies and actions contained in a eventually be transferred to either the landscape. DNRC evaluated which trust management plan will be implemented Service or the Montana Department of lands to include in the HCP by assessing into the future; and Natural Resources and Conservation where species overlapped with trust (3) the conservation strategies in the (DNRC) and Montana Fish, Wildlife, lands containing appreciable amounts of plan are likely to be effective; and and Parks (FWP). Phase III of the manageable forest area. This approach whether the plan contains a monitoring Montana Working Forests Project is was adopted to ensure those lands program or adaptive management to expected to close at the end of 2010 and facing the greatest risk of impacts from ensure that the conservation measures will include an additional 28,135 ha forest management actions were are effective and can be adapted in the (69,522 ac). Similar to Stimson, and included in the plan so risks could be future in response to new information. through an agreement, TNC assumed the mitigated. Below is a brief description of each NFHCP commitments on previously The HCP project area includes plan and the lands proposed as critical owned Plum Creek lands for the first primarily forested trust lands, but it habitat covered by each plan that we are two phases of the Montana Working contains other non-forested trust lands considering for exclusion from critical Forests Project and is anticipated to do that are portions of, or are needed to habitat designation under section 4(b)(2) the same for Phase III. access, forested parcels included in the of the Act. HCP project area. The DNRC HCP would Montana Department of Natural cover forest management activities on Plum Creek Native Fish Habitat Resources and Conservation Habitat forested trust lands that provide habitat Conservation Plan Conservation Plan for the HCP species and include timber The Service is considering excluding The Service is considering excluding harvest (commercial timber, salvage bull trout habitat occurring on lands bull trout habitat occurring on 175,263 harvest, and silvicultural treatments managed under the Plum Creek Native ha (433,084 ac) of lakes managed under such as thinning); other forest Fish Habitat Conservation Plan in the the proposed DNRC Habitat management activities (slash disposal, Kootenai and Clark Fork CHUs in the Conservation Plan in the Kootenai, prescribed burning, site preparation, Columbia Headwaters draft recovery Clark Fork and Saint Mary CHUs in the reforestation, fertilization, forest unit in Montana. Plum Creek Timber Columbia Headwaters draft recovery inventory, and access to forested lands Company initiated an effort in 1997 to unit, contingent on the compatibility of for weed control); roads (forest develop a conservation strategy for timing between the final HCP and the management road construction,

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reconstruction, maintenance, use, and Green Diamond Habitat Conservation Tacoma Water Green River Water associated gravel quarrying for forest Plan Supply Operations and Watershed road surface materials, as well as Protection Habitat Conservation Plan The Service is considering excluding installation, removal, and replacement The Service is considering excluding of stream crossing structures); and bull trout habitat on lands managed under the Green Diamond Habitat bull trout habitat on lands managed livestock grazing (grazing licenses on under the Tacoma Green River Water Conservation Plan in Coastal Recovery classified forest trust lands). Supply Operations and Watershed The public comment period for the Unit, Olympic Peninsula CHU. In Protection HCP in the Coastal Recovery DNRC HCP closed October 6, 2009; the October 2000, Simpson Timber Unit, Puget Sound CHU. The Tacoma current schedule calls for publishing the Company (now Green Diamond), Water Green River Water Supply Final Environmental Impact Statement completed an HCP, and we issued a Operations and Watershed Protection (FEIS) in October 2010. The Record of permit authorizing incidental take HCP was completed in July 2001, Decision (ROD) would be finalized 30 associated with forestry operations on addressing upstream and downstream days after publication of the FEIS, and the company’s Washington timberlands fish passage issues, flows in the Middle a section 10(a)(1)(B) permit could be located on or adjacent to the Olympic issued at that time, if the Service and lower Green River, and timber and Peninsula in Mason, Thurston, and watershed management activities on determines that issuance of a permit is Grays Harbor Counties. The HCP is appropriate. To be considered for Tacoma-owned land in the upper Green designed to conserve riparian forests, River Watershed. The HCP covers 32 exclusion from the final designation of improve water quality, prevent critical habitat for the bull trout, the species (including bull trout), and management-related hill-slope includes an upstream fish passage DNRC HCP will need to be completed instability, and address hydrological and finalized prior to the finalization of facility that will open up 57,000 ha maturity of small subbasins. The HCP (140,800 ac) of previously blocked fish critical habitat, which is due by addresses five listed species, including September 30, 2010. habitat, sponsorship and funding for a bull trout, and 46 non-listed species. downstream fish-passage facility at the Washington Department of Natural The HCP covers the land owned by Corps of Engineers’ Howard Hanson Resources Habitat Conservation Plan Green Diamond along the lower reaches Dam, water-flow improvements, The Service is considering excluding of the North and South Fork Skokomish improved riparian forest management lands managed under the Washington Rivers, the upper South Fork Skokomish on Tacoma’s lands, and several major Department of Natural Resources River, West Fork Satsop River, and habitat restoration projects. Canyon River. (WDNR) HCP in the Coastal Recovery Washington State Forest Practices Rules Unit: Puget Sound, Olympic Peninsula, City of Seattle Cedar River Watershed and Forest Practices Regulations and Lower Columbia CHUs. The WDNR Habitat Conservation Plan HCP covers State forest trust lands The Service is considering excluding within the range of the northern spotted The Service is considering excluding all public and private lands in the State owl (Strix occidentalis caurina) in the bull trout habitat on lands managed of Washington that would be managed State of Washington. The majority of the under the City of Seattle Cedar River under the Washington forest practice lands covered by the HCP Watershed HCP in the Coastal Recovery rules. These lands occur in the Coastal Recovery Unit (Puget Sound, Olympic (approximately 526,100 ha (1.3 million Unit, Puget Sound CHU. In April 2000, Peninsula, and Lower Columbia CHUs), ac) is west of the Cascade Crest and the City of Seattle completed an HCP, Mid-Columbia Recovery Unit (Snake includes the Olympic Peninsula and and we issued an incidental take permit River Basin, Walla Walla River Basins, southwest Washington. The remainder authorizing water withdrawal and water Yakima River, and Upper Columbia of the lands are on the east side of the supply activities affecting flows in the River CHUs), and the Columbia Cascade Range within the range of the lower Cedar River and reservoir levels northern spotted owl. The HCP covers Headwaters Recovery Unit (Clark Fork in Chester Morse Lake. The plan activities primarily associated with River Basin CHU). Beginning in late provides for forestry restoration commercial forest management. West of 1996, faced with the imminent listing of activities, including riparian thinning, the Cascade Crest, the HCP covers all several salmonid species under the Act, species, including bull trout and other road abandonment, and timber stand including bull trout, a diverse group of salmonids. On the east side of the improvement in the upper Cedar River stakeholders in Washington State agreed Cascade Crest, bull trout and other Watershed in King County. The HCP is to address emerging riparian habitat aquatic species are not covered under designed to provide adequate fish flows issues. The effort resulted in the Forests the HCP, and DNR follows State forest in the lower Cedar River for the and Fish Report (FFR) in April 1999. practice rules for riparian management spawning and rearing of several Later that year, the Washington State and other forestry activities. The DNR salmonid species, manage water levels Legislature passed the Forest Practices HCP lands on the west side of the in Chester Morse Lake and Masonry Salmon Recovery Act (Engrossed Olympic Peninsula are managed as the Dam Reservoir to benefit instream flows Substitute House Bill 2091), which Olympic Experimental State Forest. The in the lower Cedar River and bull trout directed the Washington Forest multispecies portion of the HCP spawning access to lake tributaries, and Practices Board to adopt new rules, depends upon several broad-scale manage these lands in the upper Cedar encouraging the Forest Practices Board conservation approaches: spotted owl River as an ecological reserve. Several to follow the recommendations of the conservation, marbled murrelet research actions are directed at FFR. To further the purpose of (Brachyramphus marmoratus) understanding how all life stages of bull regulatory stability, the Forest Practices conservation, riparian conservation, trout use Chester Morse Lake and Salmon Recovery Act also limited future certain species-specific protection Masonry Pool and how adult bull trout changes to the new rules so that, outside measures, protection of uncommon use tributaries to the lake for spawning. of a court order or legislative directive, habitats, and provisions to maintain a The HCP covers 83 species of fish and new rules could be adopted by the range of forest types across the HCP wildlife, including bull trout and 6 Forest Practices Board only if the landscape. other listed species. changes or new rules are consistent with

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the recommendations resulting from the covenants on PacifiCorp’s lands in the agencies to execute and perform scientifically based adaptive Cougar/Panamaker Creek area and necessary actions to carry out the management process included in the PacifiCorp and Cowlitz PUD’s lands agreement; and authorize actions and FFR. The language further solidified the along the Swift Creek arm of Swift Creek appropriations under the Snake River adaptive management process as a key Reservoir, upstream and downstream Basin Adjudication (SRBA) and the Act component of the FFR conservation fish passage improvements at all for the United States to meet its program. reservoirs, limiting factors analysis for obligations. On March 31, 2005, a Following the passage in 1999 of bull trout to determine additional Memorandum of Agreement was signed emergency forest practices rules based enhancement measures, public between the State of Idaho, Nez Perce on the FFR, the Washington Forest information program to protect bull Tribe, Service, and National Marine Practices Board adopted new permanent trout, and monitoring and evaluation Fisheries Service (NMFS) to establish a rules in May 2001. Effective July 2001, efforts for bull trout conservation process for using the habitat trust fund these rules cover a wide variety of forest measures. This agreement will also accounts for habitat protection and practices and include (1) a new, more restore anadromous salmon to the upper restoration projects in the Salmon and functional, classification of rivers and Lewis River system, restoring a Clearwater River basins in Idaho. streams on non-Federal and non-tribal significant part of the historic forage In a March 2005 letter, in response to forestland; (2) improved plans for base for bull trout. a request from the State of Idaho, the Service and NMFS provided specific properly designing, maintaining, and Snake River Basin Adjudication upgrading existing and new forest roads; information as to the standard that (3) additional protections for unstable The Service is considering excluding would be the basis for the cooperative slopes; and (4) greater protections for bull trout habitat on 18,615,000 ha (46 agreement under section 6 of the Act to riparian areas intended to restore or million ac) of lands managed under the implement the term sheet. In that letter, maintain properly functioning aquatic Snake River Basin Adjudication the two agencies indicated that meeting and riparian habitat conditions. In agreement in central Idaho. The stream the express statutory requirements in addition to these substantive provisions, flows in the basin were subject to section 6 of the Act for an adequate and the rules adopted the procedural litigation for 21 years. Litigants were the active program for the conservation of recommendations of the FFR that Federal Government, Nez Perce Tribe, the species, in this case, bull trout and address adaptive management, training, and State of Idaho. In 2004, a settlement salmon, would be required. and other features. The Washington was reached by the parties in the The Service, the National Marine State Legislature and the U.S. Congress proceeding. A Mediator’s Term Sheet Fisheries Service (NMFS), and the State continued to support the collaboration was developed to guide the settlement are in the process of developing a Draft with significant funding for the of the case, which identifies the EIS for entering into a Cooperative research, monitoring, and adaptive responsibilities of the parties over the Agreement on the Idaho Forestry management activities called for in the 30–year term of the agreement. The Program. This Program would apply to FFR. In May 2006, the State forest settlement was announced on May 15, private and State lands in the practice rules were formally 2004, by the Secretary of the Interior, Clearwater and Salmon River basins. Nez Perce Tribal Executive Committee incorporated into the Washington State The Service will evaluate whether the Chairman, and Governor of Idaho. Forest Practices HCP. Idaho Forestry Program will meet the As part of the settlement, the parties requirements of section 6 and section 7 Conservation Partnerships on Non- agreed to establish a habitat fund under of the Act. Federal Lands two separate accounts, one for the Nez At the time the negotiations on the Perce Tribe and one for the State. The adjudication were completed, the bull Lewis River Hydroelectric Project State account is managed through trout was a listed species, but critical Conservation Easements cooperative agreements under section 6 habitat had not been designated. The The Service is considering excluding of the Act, and addresses off-reservation negotiations culminating in the final 48 km (30 mi) of bull trout habitat stream flow and forestry programs. The term sheet were completed prior to associated with the Lewis River funds will be used to conduct habitat designation of critical habitat. Hydroelectric Project Conservation protection and restoration projects in Easements in the Coastal Recovery Unit, the Salmon and Clearwater River basins Tribal Lands–Exclusions under Section Columbia River Basin CHU. PacifiCorp (tributaries to the Snake River), 4(B)(2) of the Act manages four projects and three dams including programs intended to protect In accordance with the Secretarial impounding river habitat on the Lewis and restore listed fish and their habitat. Order 3206, ‘‘American Indian Tribal River in Washington, located in portions The United States will contribute $38 Rights, Federal-Tribal Trust of Clark, Cowlitz, and Skamania million to these accounts according to a Responsibilities, and the Endangered Counties. Bull trout are present in all of schedule determined by Congress in the Species Act’’ (June 5, 1997); the the reservoirs; the upper two reservoirs enacting legislation. To date, the State President’s memorandum of April 29, are used by the majority of individuals has received $5 million per year for 3 1994, ‘‘Government-to-Government within the spawning populations. A years and is expected to receive an Relations with Native American Tribal settlement agreement (Agreement) for additional $5 million for the next 2 Governments’’ (59 FR 22951); Executive the relicensing of the Yale, Merwin, years. Most of the funds have been used Order 13175; and the relevant provision Swift No. 1, and Swift No. 2 to acquire conservation easements on of the Departmental Manual of the Hydroelectric Projects was signed on lands with anadromous habitat and Department of the Interior (512 DM 2), November 30, 2004. Conservation some limited habitat restoration. we believe that fish, wildlife, and other measures are incorporated in the On December 8, 2004, the Snake River natural resources on tribal lands may be Agreement to minimize or compensate Water Rights Act of 2004 was enacted to better managed under tribal authorities, for the effects of the projects on listed resolve outstanding issues; reach a final policies, and programs than through species, including bull trout. settlement of tribal claims; authorize, Federal regulation where tribal Conservation measures for bull trout ratify, and confirm the Agreement management addresses the conservation include: perpetual conservation among the parties; direct Federal needs of listed species. Based on this

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philosophy, we believe that, in many affected in areas proposed as critical proposed as critical habitat for bull trout cases, designation of tribal lands as habitat on lands other than tribal lands. (Table 6). critical habitat may provide little For this proposed critical habitat Tribes have played a significant role additional benefit to threatened and designation for bull trout, we reviewed in the development of HCPs, local maps indicating that some areas under endangered species. In addition, such watershed plans, or other habitat plans consideration as critical habitat overlap designation may be viewed by tribes as and have conducted numerous habitat with Indian lands. Indian lands are unwarranted and an unwanted intrusion restoration and research projects those defined in the Secretarial Order into tribal self-governance, thus designed to protect or improve habitat ‘‘American Indian Tribal Rights, compromising the government-to- for listed species. If such lands are government relationship essential to Federal-Tribal Trust Responsibilities, and the Endangered Species Act’’ (June identified, the benefits of exclusion achieving our mutual goals of managing could include: (1) the furtherance of for healthy ecosystems upon which the 5, 1997), including: (1) lands held in trust by the United States for the benefit established national policies, our viability of threatened and endangered Federal trust obligations and our species populations depend. of any Indian tribe; (2) lands held in trust by the United States for any Indian deference to management of natural We will take into consideration our Tribe or individual subject to resources on their lands; (2) the partnerships and existing conservation restrictions by the United States against maintenance of effective long-term actions that tribes have or are currently alienation; (3) fee lands, either within or working relationships to promote implementing when conducting our outside the reservation boundaries, species conservation on an ecosystem- exclusion analysis in the final critical owned by the tribal government; and (4) wide basis; (3) the allowance for habitat designation. If the Secretary fee lands within the reservation continued meaningful collaboration and decides to exercise his discretion under boundaries owned by individual cooperation in scientific work to learn section 4(b)(2) of the Act, we are Indians. more about the conservation needs of considering lands covered by the tribes Our preliminary assessment indicates the species on an ecosystem-wide basis; identified below for possible exclusion that the federally-recognized tribes in and (4) continued respect for tribal from final critical habitat. We are Table 7 have lands that may include or sovereignty over management of natural requesting comments regarding these be adjacent to waterbodies under resources on Indian lands through areas and will continue to investigate consideration for designation as critical established tribal natural resource whether any Indian lands overlap, and habitat for bull trout. Based on the best programs. A list of tribal lands meeting may warrant exclusion from, critical available information, there are the criteria of a tribal management or habitat for bull trout. We also request approximately 683 kilometers (424 conservation plan, with proposed comments and information concerning miles) of streams and shoreline areas in critical habitat unit and water body other tribal activities that may be or adjacent to Tribal lands being name, follows in Table 7.

TABLE 7.—TRIBAL LANDS MEETING THE CRITERIA OF A TRIBAL MANAGEMENT OR CONSERVATION PLAN AND THE PROPOSED CRITICAL HABITAT UNIT AND WATER BODY AFFECTED

Tribal Nation Critical habitat unit Stream/water body name

Confederated Tribes of Warm Springs Deschutes River Basin Deschutes River, Shitike Creek, Jefferson Creek, Warm Springs River, Metolius River

Confederated Tribes of the Umatilla Umatilla River and Walla Walla Umatilla River, South Fork Touchet River, Meacham Creek, River Basin Squaw Creek

Burns Paiute Tribe Malheur River Basin Malheur River

Nez Perce Tribe Clearwater River Mainstem, North Fork, Middle Fork, and South Fork Clearwater River, Lolo Creek, Clear Creek, and Dworshak Reservoir

Coeur d’Alene Tribe Coeur d’Alene River Basin Lake Coeur d’Alene and tributaries

Blackfeet Nation Saint Mary River Basin Saint Mary River

Confederated Salish and Kootenai Clark Fork River Basin Flathead Lake, Lower Flathead River, Jocko River, Mission Tribes Creek, Post Creek

Kalispel Tribe Clark Fork River Basin Pend Oreille River

Yakama Nation Yakima and Lower Columbia Yakima River, Ahtanum Creek, and South Fork Ahtanum Creek, River Basins West Fork Klikitat River, Little Muddy Creek, Crawford Creek, Clearwater Creek, Trappers Creek, Fish Lake Stream, unnamed tributary that meets Fish Lake Stream, and Two Lakes Stream

Confederated Tribes of the Chehalis Olympic Peninsula Chehalis River

Hoh Tribe Olympic Peninsula Hoh River and Pacific Coast nearshore

Jamestown S’Klallam Tribe Olympic Peninsula Dungeness River

Lower Elwha Klallam Tribe Olympic Peninsula Elwha River and Strait of Juan De Fuca Nearshore

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TABLE 7.—TRIBAL LANDS MEETING THE CRITERIA OF A TRIBAL MANAGEMENT OR CONSERVATION PLAN AND THE PROPOSED CRITICAL HABITAT UNIT AND WATER BODY AFFECTED—Continued

Tribal Nation Critical habitat unit Stream/water body name

Quileute Tribe Olympic Peninsula Pacific Coast Nearshore

Quinault Nation Olympic Peninsula Quinault River, Lake Quinault, Pacific Coast nearshore, Raft River, Queets River, Salmon River, Moclips River, and Cook Creek

Skokomish Tribe Olympic Peninsula Skokomish River, Nalley Slough, Skobob Creek, and Hood Canal nearshore

Lummi Nation Puget Sound Nooksack River and Puget Sound nearshore

Muckleshoot Tribe Puget Sound White River

Nisqually Tribe Puget Sound Nisqually River

Nooksack Tribe Puget Sound Nooksack River

Puyallup Tribe Puget Sound Puyallup River and Puget Sound nearshore

Sauk-Suiattle Tribe Puget Sound Sauk River

Swinomish Tribe Puget Sound Swinomish Channel and Puget Sound nearshore

Tulalip Tribes Puget Sound Puget Sound nearshore

Federal Lands-Exclusions under Section based upon the best scientific data beyond the baseline costs; these are the 4(B)(2) of the Act available, after taking into consideration costs we may consider in the final As noted above, Federal agencies have the economic impact, impact on designation of critical habitat. The an independent responsibility under national security, or any other relevant analysis looks retrospectively at section 7(a)(1) of the Act to use their impact of specifying any particular area baseline impacts incurred since the programs in furtherance of the Act and as critical habitat. species was listed, and forecasts both to utilize their authorities to carry out We have prepared a Draft Economic baseline and incremental impacts likely programs for the conservation of Analysis (DEA), which identifies and to occur if we finalize the proposed endangered and threatened species. We analyzes the potential economic impacts critical habitat designation. consider the development and associated with the proposed The DEA estimates impacts based on implementation of land management designation of critical habitat for bull activities that are reasonably plans by Federal agencies to be trout. The DEA quantifies the economic foreseeable, including, but not limited consistent with this statutory obligation impacts of all potential conservation to, activities that are currently under section 7(a)(1) of the Act. efforts for bull trout; some of these costs authorized, permitted, or funded, or for Therefore, Federal land management would likely be incurred regardless of which proposed plans are currently plans, in and of themselves, are whether or not we designate critical available to the public. The DEA generally not an appropriate basis for habitat. The economic impact of the provides estimated costs of the excluding essential habitat. Some broad- proposed critical habitat designation is foreseeable potential economic impacts scale Federal resource management analyzed by comparing scenarios both of the proposed critical habitat plans (e.g., INFISH, PACFISH, and the ‘‘with critical habitat’’ and ‘‘without designation for bull trout over the next Northwest Forest Plan) may provide critical habitat.’’ The ‘‘without critical 20 years, which was determined to be conservation benefits to bull trout as habitat’’ scenario represents the baseline the appropriate period for analysis well as all other aquatic species within for the analysis, considering protections because limited planning information the plan boundaries. In addition, in already in place for the species (e.g., was available for most activities to some places, Federal land management under the Federal listing and other reasonably forecast activity levels for agencies may actively manage for bull Federal, State, and local regulations). projects beyond a 20–year timeframe. trout and conduct specific conservation The baseline, therefore, represents the The DEA identifies potential actions for the species. We are therefore costs incurred regardless of whether incremental costs as a result of the requesting comments regarding existing critical habitat is designated. The ‘‘with proposed critical habitat designation; specific conservation actions that critical habitat’’ scenario describes the these are those costs attributed to Federal land management agencies have incremental impacts associated critical habitat over and above those or are currently implementing on their specifically with the designation of baseline costs attributed to listing. The lands, and will take this information critical habitat for the species. The DEA quantifies economic impacts of into account when conducting our incremental conservation efforts and conservation efforts for bull trout exclusion analysis in the final critical associated impacts are those not associated with the following categories habitat designation. expected to occur absent the designation of activity: (1) forest management of critical habitat for the species. In practices (timber sales, fuel reduction, Draft Economic Analysis other words, the incremental costs are salvage logging); (2) residential and Section 4(b)(2) of the Act requires that those attributable solely to the commercial development; (3) dams we designate or revise critical habitat designation of critical habitat above and (hydropower and others); (4) agriculture

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and agricultural diversions; (5) roads; imposed on dam operations account for temperature control projects, and (6) mining; (7) livestock grazing; and (8) 18 percent of estimated baseline impacts seasonal changes to flow. Estimated other activities (utilities, restoration, under the high cost scenario. These incremental costs associated with forest nonnative species management, costs result from projected conservation management projects range from $0.41 recreation, other instream activities). efforts, including providing fish passage million to $1.65 million annually, Of the currently proposed critical (fish ladder or trap and haul operations), associated with efforts to reduce habitat areas, nearly 31,865 km (19,800 temperature control projects, habitat sedimentation, timing restrictions, mi), or 87 percent, were previously acquisition, and seasonal adjustments of elimination of fish barriers (e.g., proposed as bull trout critical habitat. flow. culverts), and changes to harvest Two detailed economic analyses of Because of all conservation measures methods. those past proposals were conducted in in place for salmon, steelhead, the Estimated incremental costs 2004 and 2005. Both of these analyses Klamath suckers, and other protected associated with additional section 7 were made available for, and received, fish species, we believe the incremental administrative efforts (Federal agency public comment. Due to extensive regulatory and economic effect of consultations) are expected to be $1.99 overlap between the current proposed critical habitat designation in areas million annually. Absent reasonably critical habitat and the past proposals, occupied by bull trout will be small, foreseeable economic impacts that are the economic analysis prepared for this and the most significant incremental distinctly attributable to the critical proposal draws heavily on still-valid effect will be in those areas not habitat portion of the analysis, economic impacts from conservation data contained within the two prior currently occupied (less than 4 percent economic analyses. Costs associated efforts that avoid adverse modification of the proposed critical habitat) by the with bull trout conservation efforts of critical habitat coincidental to species. As a result, the DEA estimates estimated in the earlier economic avoiding jeopardizing the species would that total potential incremental analyses have been updated to current be coextensive with the impacts of bull economic impacts in areas proposed as dollars, adjusted to reflect the currently trout listing and within the regulatory critical habitat over the next 20 years proposed unit boundaries, and reported baseline. will be $4.97 million to $7.13 million to provide context for the reported Benefits, as well as costs, can result annually (assuming a 7 percent discount incremental costs associated with the from critical habitat designation. Bull rate); the range of costs represents currently proposed critical habitat trout conservation efforts for critical uncertainty in the types and costs of designation. habitat may lead to improved water Total future (2012-2032) baseline project modifications. The majority of quality, increased open space, flood impacts are estimated to be $96.3 forecast incremental costs are associated control, or aesthetic benefits. Indirect million to $103.0 million annually with unoccupied critical habitat in the use benefits may also result (e.g., (assuming a 7 percent discount rate); Upper Willamette River Basin, and are increased hiking or wildlife-viewing discount rates express future costs and associated with conservation efforts activities). Conservation efforts for bull benefits at today’s equivalent value. undertaken at flood control facilities. trout critical habitat have the potential This estimate includes not only For unoccupied areas overlapping with to result in increased bull trout conservation activity costs resulting previous bull trout critical habitat populations, which in turn could result from the bull trout being listed under proposals, cost estimates are drawn in increases in recreational fishing the Act, but also estimated costs of from the previous economic analyses opportunities over the long term. In related conservation activities for and assigned to the critical habitat units addition, increased bull trout salmon, steelhead, and other fish proposed in this rule. For newly population size could result in species, along with water quality and proposed unoccupied areas, the analysis enhanced non-use value by the public habitat protection, in overlapping areas focuses on identifying additional (e.g., existence value). Existing studies where other protected species occur conservation efforts that may be support the conclusion that preservation with bull trout. Under the baseline expected as a result of critical habitat of fish species in general is likely to scenario, nearly half of all estimated designation for bull trout. The 116 km generate substantial benefits to the costs are due to conservation efforts (72 mi) of newly proposed unoccupied public. However, absent information on imposed on forest management critical habitat that is already designated the long term biological or physical activities. Costs imposed on as critical habitat for listed salmon were changes expected to occur in bull trout development activities and dam not included in the incremental critical habitat areas as a result of operations make up most of the analysis. Existing (baseline) critical habitat designation, the DEA remaining estimated costs. Costs conservation efforts required in does not quantify these benefits. associated with project modifications to designated salmon critical habitat areas The DEA is available for review at forest management activities account for would generally be adequate to address http://www.regulations.gov. We are nearly 44 percent of estimated baseline bull trout conservation needs, and no seeking data and comments from the impacts. These costs are expected to be significant additional conservation public on the DEA, as well as all aspects associated with conservation measures efforts are expected to be necessary. of the proposed rule and our amended imposed on timber harvest activities, Dam operations are expected to incur required determinations. We may revise including efforts to reduce the greatest incremental economic the proposed rule or supporting sedimentation timing restrictions, impacts, followed by forest management documents to incorporate or address elimination of fish barriers, and changes and administrative costs. Estimated information we receive during the to harvest methods. Under the high cost incremental costs associated with dam public comment period, including scenario, costs associated with project project modifications range from $2.12 information received during, or in modifications imposed on development million to $2.52 million annually, and response to, the public hearing. activities account for 25 percent of are primarily related to conservation projected baseline impacts. These costs efforts in the Upper Willamette River Peer Review result from implementation of Basin. Project modifications could In accordance with our joint policy stormwater control requirements. Costs include fish passage (such as fish published in the Federal Register on associated with project modifications ladders and trap and haul operations), July 1, 1994 (59 FR 34270), we will seek

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the expert opinions of at least three publish a notice of rulemaking for any designations of limited extent, we may appropriate and independent specialists proposed or final rule, it must prepare aggregate across all industries and regarding this proposed rule. The and make available for public comment consider whether the total number of purpose of peer review is to ensure that a regulatory flexibility analysis that small entities affected is substantial. In our critical habitat designation is based describes the effects of the rule on small estimating the number of small entities on scientifically sound data, entities (small businesses, small potentially affected, we also consider assumptions, and analyses. We have organizations, and small government whether their activities have any invited these peer reviewers to comment jurisdictions). However, no regulatory Federal involvement. during this public comment period on flexibility analysis is required if the Under the Act, designation of critical our specific assumptions and head of the agency certifies the rule will habitat only affects activities carried conclusions in this proposed not have a significant economic impact out, funded, or permitted by Federal designation of critical habitat. on a substantial number of small agencies. Some kinds of activities are We will consider all comments and entities. The SBREFA amended RFA to unlikely to have any Federal information we receive during this require Federal agencies to provide a involvement and so would not result in comment period on this proposed rule statement of the factual basis for any additional effects under the Act. during our preparation of a final certifying that the rule will not have a However, there are some state laws that determination. Accordingly, the final significant economic impact on a limit activities in designated critical decision may differ from this proposal. substantial number of small entities. habitat even where there is no federal Small entities include small nexus. If there is a Federal nexus, Public Hearings organizations, such as independent Federal agencies will be required to The Act provides for one or more nonprofit organizations; small consult with us under section 7 of the public hearings on this proposal, if governmental jurisdictions, including Act on activities they fund, permit, or requested. Requests must be received school boards and city and town carry out that may affect critical habitat. within 45 days after the date of governments that serve fewer than If we conclude, in a biological opinion, publication of this proposed rule in the 50,000 residents; as well as small that a proposed action is likely to Federal Register. Such requests must be businesses. Small businesses include destroy or adversely modify critical sent to the address shown in the manufacturing and mining concerns habitat, we can offer ‘‘reasonable and ADDRESSES section. In anticipation of with fewer than 500 employees, prudent alternatives.’’ Reasonable and the interest in this proposed rule, we wholesale trade entities with fewer than prudent alternatives are alternative have already scheduled the public 100 employees, retail and service actions that can be implemented in a hearing and several public meetings. businesses with less than $5 million in manner consistent with the scope of the See the DATES and ADDRESSES section annual sales, general and heavy Federal agency’s legal authority and of this proposed rule for information construction businesses with less than jurisdiction, that are economically and regarding the scheduled public hearing $27.5 million in annual business, technologically feasible, and that would and public meetings. special trade contractors doing less than avoid destroying or adversely modifying $11.5 million in annual business, and critical habitat. Required Determinations agricultural businesses with annual A Federal agency and an applicant Regulatory Planning and Review— sales less than $750,000. To determine may elect to implement a reasonable Executive Order 12866 whether potential economic impacts to and prudent alternative associated with these small entities are significant, we a biological opinion that has found The Office of Management and Budget consider the types of activities that adverse modification of critical habitat. (OMB) has determined that this rule is might trigger regulatory impacts under An agency or applicant could significant and has reviewed this this rule, as well as the types of project alternatively choose to seek an proposed rule under Executive Order modifications that may result. In exemption from the requirements of the 12866 (E.O. 12866). OMB based its general, the term ‘‘significant economic Act or proceed without implementing determination upon the following four impact’’ is meant to apply to a typical the reasonable and prudent alternative. criteria: small business firm’s business However, unless an exemption were (1) Whether the rule will have an operations. obtained, the Federal agency or annual effect of $100 million or more on To determine whether a designation applicant would be at risk of violating the economy or adversely affect an of critical habitat could significantly section 7(a)(2) of the Act if it chose to economic sector, productivity, jobs, the affect a substantial number of small proceed without implementing the environment, or other units of the entities, we consider the number of reasonable and prudent alternatives. We government; small entities affected within particular may also identify discretionary (2) Whether the rule will create types of economic activities (e.g., conservation recommendations inconsistencies with other Federal housing development, grazing, oil and designed to minimize or avoid the agencies’ actions; gas production, timber harvesting). We adverse effects of a proposed action on (3) Whether the rule will materially apply the ‘‘substantial number’’ test critical habitat, help implement affect entitlements, grants, user fees, individually to each industry to recovery plans, or to develop loan programs, or the rights and determine if certification is appropriate. information that could contribute to the obligations of their recipients; or However, the SBREFA does not recovery of the species. (4) Whether the rule raises novel legal explicitly define ‘‘substantial number’’ Within the proposed critical habitat or policy issues. or ‘‘significant economic impact.’’ designation, the types of actions or Consequently, to assess whether a authorized activities that we have Regulatory Flexibility Act ‘‘substantial number’’ of small entities is identified as potential concerns and that Under the Regulatory Flexibility Act affected by this designation, this may be subject to consultation under (RFA) (5 U.S.C. 601 et seq., as amended analysis considers the relative number section 7 if there is a Federal nexus are: by the Small Business Regulatory of small entities likely to be impacted in operation of dams; forest management Enforcement Fairness Act (SBREFA) of an area. In some circumstances, practices; livestock grazing; agriculture 1996), whenever an agency must especially with critical habitat and irrigation diversions; management

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of roads; mining; and management of annual receipts; and Food Unfunded Mandates Reform Act nonnative species. Manufacturing–500 employees. In accordance with the Unfunded Any existing and planned projects, • Grazing Category: Beef Cattle Mandates Reform Act (2 U.S.C. 1501 et land uses, and activities that could Ranching and Farming–$750,000 seq.), we make the following findings: affect the proposed critical habitat but average annual receipts. (a) This rule will not produce a have no Federal involvement would not • Roads Category: Highway, Street and Federal mandate. In general, a Federal require section 7 consultation with the mandate is a provision in legislation, Bridge Construction–$33.5 million Service, so they are not restricted by the statute, or regulation that would impose average annual receipts. requirements of the Act. Federal an enforceable duty upon State, local, or agencies may need to reinitiate a • Development Category: New Single– Tribal governments, or the private previous consultation if discretionary Family Housing Construction (except sector, and includes both ‘‘Federal involvement or control over the Federal Operative Builders); New Multifamily intergovernmental mandates’’ and action has been retained or is authorized Housing Construction (except Operative ‘‘Federal private sector mandates.’’ by law and the activities may affect Builders); New Housing Operative These terms are defined in 2 U.S.C. critical habitat. Builders–$33.5 million average annual 658(5)-(7). ‘‘Federal intergovernmental The DEA and its associated Initial receipts; and Land Subdivision–$7.0 ’’ Regulatory Flexibility Analysis (IRFA) mandate includes a regulation that million. ‘‘ estimate that total potential incremental would impose an enforceable duty economic impacts in areas proposed as • Forest Managent Category: Logging– upon State, local, or Tribal ’’ critical habitat over the next 20 years 500 employees; Timber Tract governments with two exceptions. It will be $4.97 to $7.13 million annually, Operations, and Support Activities for excludes ‘‘a condition of Federal assuming a 7 percent discount rate. Forestry–$7.0 million average annual assistance.’’ It also excludes ‘‘a duty Incremental impacts are expected to receipts. arising from participation in a voluntary Federal program,’’ unless the regulation consist of: (1) project modifications • Mining Category: Mining (except Oil occurring within newly proposed ‘‘relates to a then-existing Federal and Gas), and Construction Sand and program under which $500,000,000 or unoccupied areas; and (2) Gravel Mining–500 employees. administrative costs associated with more is provided annually to State, • consultations under section 7 of the Act. Other Activities Category: Oil and local, and Tribal governments under In total, third parties (some of which Gas Pipeline and Related Structures entitlement authority,’’ if the provision may be small entities) may bear a total Construction; Power and would ‘‘increase the stringency of annual impact of up to $5.6 million in Communication Line and Related conditions of assistance’’ or ‘‘place caps incremental impacts. In unoccupied Structures Construction; and Other upon, or otherwise decrease, the Federal areas, project modifications may be Heavy and Civil Engineering Government’s responsibility to provide associated with dam modifications, Construction–$33.5 million average funding,’’ and the State, local, or Tribal bridge replacement, grazing lease annual receipts; Marinas–$7.0 million governments ‘‘lack authority’’ to adjust modification, road maintenance, and average annual receipts; Water and accordingly. At the time of enactment, changes to timber harvest. In total, Sewer Line and Related Structures these entitlement programs were: annual incremental costs associated Construction–$33.5 million average Medicaid; Aid to Families with with project modifications are forecast annual receipts; and Sewage Treatment Dependent Children work programs; at $5.1 million (discounted at 7 Facilities–$7.0 million average annual Child Nutrition; Food Stamps; Social percent). The DEA also forecasts the receipts. Services Block Grants; Vocational number of additional section 7 Rehabilitation State Grants; Foster Care, If each of the 23,800 small entities Adoption Assistance, and Independent consultations that may take place as a located within the study area were to result of critical habitat. Based on this Living; Family Support Welfare share the annualized costs, they could forecast, annual incremental Services; and Child Support bear from $0 up to $60,300 per entity, consultation costs that may be borne by Enforcement. ‘‘Federal private sector depending on the affected industry. third parties are forecast at $441,000 in mandate’’ includes a regulation that total (discounted at 7 percent). Of the This would translate into an annual ‘‘would impose an enforceable duty potentially affected entities in the average cost of $234 per entity. This in upon the private sector, except (i) a proposed critical habitat areas, 97 turn translates into a projected range of condition of Federal assistance or (ii) a percent are small entities, and impacts from 0.0007 to 0.03 percent, or duty arising from participation in a depending on the unit, small entities in other words, less than 1 percent voluntary Federal program.’’ may bear between 93 and 100 percent of impact for all sectors. The expected The designation of critical habitat the estimated impacts. The Small annual impacts to the affected does not impose a legally binding duty Business Size Standard for the industry industries are significantly less than the on non-Federal government entities or sectors that could potentially be affected annual revenues that could be garnered private parties. Under the Act, the only by the proposed critical habitat by a single small operator in those regulatory effect is that Federal agencies designation are as follows: industries, and as such, impacts are low must ensure that their actions do not • Dams and Water Diversions relative to potential revenues. We are destroy or adversely modify critical Category: Electric Power Generation, seeking public comments regarding the habitat under section 7. While non- Transmission and Distribution–4 estimated incremental impacts of this Federal entities that receive Federal million megawatts for the preceding critical habitat designation on small funding, assistance, or permits, or that year, and Water supply and Irrigation entities. Specifically, we are interested otherwise require approval or Systems–$7.0 million average annual in whether there is evidence suggesting authorization from a Federal agency for receipts. that the economic impact of section an action, may be indirectly impacted • Agriculture Category: Crop 7(a)(2) consultations in areas currently by the designation of critical habitat, the Production (Oilseed and Grain Farming; occupied by the species is expected to legally binding duty to avoid Vegetable and Melon Farming; and Fruit be larger or smaller than estimated in destruction or adverse modification of and Tree Nut Farming–$750,000 average this analysis. critical habitat rests squarely on the

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Federal agency. Furthermore, to the the species are more clearly defined, published a notice outlining our reasons extent that non-Federal entities are and the physical and biological features for this determination in the Federal indirectly impacted because they of the habitat necessary to the Register on October 25, 1983 (48 FR receive Federal assistance or participate conservation of the species are 49244). This position was upheld by the in a voluntary Federal aid program, the specifically identified. This information U.S. court of Appeals for the Ninth Unfunded Mandates Reform Act would does not alter where and what federally Circuit (Douglas County v. Babbitt, 48 not apply, nor would critical habitat sponsored activities may occur. F.3d 1495 (9th Cir. 1995), cert. denied shift the costs of the large entitlement However, it may assist local 516 U.S. 1042 (1996)).] programs listed above onto State governments in long-range planning governments. (rather than having them wait for case- Clarity of the Rule (b) As discussed in the DEA of the by-case section 7 consultations to We are required by Executive Orders proposed designation of critical habitat occur). 12866 and 12988 and by the for bull trout, we do not believe that this Where State and local governments Presidential Memorandum of June 1, rule would significantly or uniquely require approval or authorization from a 1998, to write all rules in plain affect small governments because it Federal agency for actions that may language. This means that each rule we would not produce a Federal mandate of affect critical habitat, consultation publish must: $100 million or greater in any year; that under section 7(a)(2) of the Act would (a) Be logically organized; is, it is not a ‘‘significant regulatory be required. While non-Federal entities (b) Use the active voice to address action’’ under the Unfunded Mandates that receive Federal funding, assistance, readers directly; Reform Act. The DEA concludes that or permits, or that otherwise require (c) Use clear language rather than incremental impacts may occur due to approval or authorization from a Federal jargon; project modifications occurring within agency for an action, may be indirectly (d) Be divided into short sections and newly proposed, unoccupied areas and impacted by the designation of critical sentences; and administrative costs associated with habitat, the legally binding duty to (e) Use lists and tables wherever section 7 consultations. The DEA avoid destruction or adverse possible. estimates that total potential modification of critical habitat rests If you feel that we have not met these incremental economic impacts in areas squarely on the Federal agency. requirements, send us comments by one proposed as critical habitat over the of the methods listed in the ‘‘ADDRESSES’’ next 20 years will be $4.97 to $7.13 Civil Justice Reform section. To better help us revise the million annually, assuming a 7 percent In accordance with E.O. 12988 (Civil rule, your comments should be as discount rate. Based on the range of Justice Reform), the Office of the specific as possible. For example, you potential incremental costs that have Solicitor has determined that the rule should tell us the names of the sections been identified, we do not believe that does not unduly burden the judicial or paragraphs that are unclearly written, this rule will significantly or uniquely system and that it meets the which sections or sentences are too affect small government entities. As requirements of sections 3(a) and 3(b)(2) long, the sections where you feel lists or such, a Small Government Agency Plan of the Executive Order. We have tables would be useful, etc. is not required. proposed designating critical habitat in Government-to-Government accordance with the provisions of the Takings Relationship with Tribes Act. This proposed rule uses standard In accordance with Executive Order property descriptions and identifies the Our preliminary assessment indicates (E.O.) 12630 (Government Actions and physical and biological features within that 24 Federally-recognized Tribes in Interference with Constitutionally the designated areas to assist the public Table 7 have lands that may include or Protected Private Property Rights), we in understanding the habitat needs of be adjacent to waterbodies under have analyzed the potential takings the bull trout. consideration for designation as critical implications of designating critical habitat for bull trout. Based on the best habitat for bull trout in a takings Paperwork Reduction Act of 1995 available information, there are implications assessment. The takings This rule does not contain any new approximately 683 kilometers (424 implications assessment concludes that collections of information that require miles) of streams and shoreline areas in this designation of critical habitat for approval by OMB under the Paperwork or adjacent to Tribal lands being bull trout does not pose significant Reduction Act of 1995 (44 U.S.C. 3501 proposed as critical habitat for bull trout takings implications for lands within or et seq.). This rule will not impose (Table 6). affected by the designation. recordkeeping or reporting requirements In accordance with the President’s on State or local governments, memorandum of April 29, 1994, Federalism individuals, businesses, or Government-to-Government Relations In accordance with E.O. 13132 organizations. An agency may not with Native American Tribal (Federalism), this proposed rule does conduct or sponsor, and a person is not Governments (59 FR 22951), E.O. 13175, not have significant federalism effects. required to respond to, a collection of and the Department of the Interior’s A federalism assessment is not required. information unless it displays a manual at 512 DM 2, we readily In keeping with Department of the currently valid OMB control number. acknowledge our responsibility to Interior and Department of Commerce communicate meaningfully with policy, we requested information from, National Environmental Policy Act recognized Federal Tribes on a and coordinated development of, this It is our position that, outside the government-to-government basis. In proposed critical habitat designation jurisdiction of the U.S. Court of Appeals accordance with Secretarial Order 3206 with appropriate State resource agencies for the Tenth Circuit, we do not need to of June 5, 1997 ‘‘American Indian Tribal in Washington, Oregon, Idaho, Montana, prepare environmental analyses as Rights, Federal-Tribal Trust and Nevada. The designation may have defined by National Environmental Responsibilities, and the Endangered some benefit to these governments Policy Act (NEPA) (42 U.S.C. 4321 et Species Act’’, we readily acknowledge because the areas that contain the seq.) in connection with designating our responsibilities to work directly features essential to the conservation of critical habitat under the Act. We with Tribes in developing programs for

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healthy ecosystems, to acknowledge that compared with the regulatory action will further evaluate this issue as we tribal lands are not subject to the same under consideration. Two of these conduct our economic analysis, and controls as Federal public lands, to criteria are relevant to the bull trout review and revise this assessment as remain sensitive to Indian culture, and economic analysis: (1) reduction in warranted. to make information available to Tribes. electricity production in excess of one References Cited Maintaining an effective trust billion kilowatts-hours per year or in relationship between the Federal excess of 500 megawatts of installed A complete list of references cited is government and Tribes promotes (1) the capacity and (2) increases in the cost of available on the Internet at http:// furtherance of established national energy production in excess of one www.regulations.gov and upon request policies, our Federal trust obligations percent. The two primary activities that from the Idaho Fish and Wildlife Office and our deference to management of might lead to reduced energy generation (see FOR FURTHER INFORMATION CONTACT). natural resources on their lands; (2) the are operation of the Federal Columbia maintenance of effective long-term River Power System (FCRPS) and Author(s) working relationships to promote operation of FERC-licensed The primary authors of this package species conservation on an ecosystem- hydroelectric dams. Incremental are the staff members of the following wide basis; (3) the allowance for impacts to dam operations are expected Fish and Wildlife Offices: Idaho, continued meaningful collaboration and to consist largely of the costs of Montana, Washington, Oregon, Nevada, cooperation in scientific work to learn installing fish passage capabilities. and Klamath Falls. more about the conservation needs of Some dam operators may also undertake the species on an ecosystem-wide basis; relatively minor movements of peak List of Subjects in 50 CFR Part 17 and (4) continued respect for Tribal energy production during the year. This Endangered and threatened species, sovereignty over management of natural practice does not reduce average energy Exports, Imports, Reporting and resources on Indian lands through production, but rather changes the recordkeeping requirements, established tribal natural resource temporal distribution of that power. Transportation. programs. We have engaged in Therefore, no impacts to electricity preliminary discussions and production or installed capacity are Proposed Regulation Promulgation coordination with our Tribal partners forecast. Given the high thresholds during development of the proposed defined in the OMB guidance (i.e., Accordingly, we propose to amend rule, and are soliciting specific reduction in electricity production in part 17; subchapter B of Chapter I, title comments and information from tribes excess of one billion kilowatts-hours per 50 of the Code of Federal Regulations as on areas being proposed as critical year, increases in the cost of energy set forth below: habitat on tribal land and on lands other production in excess of one percent) PART 17—[AMENDED] than Tribal lands. The final rule will and the fact that bull trout is unlikely fully consider the Federal government’s to be the primary species leading to 1. The authority citation for part 17 obligations to Federally-recognized changes in flow regimes (because of the continues to read as follows: Tribes, and comments and information presence of listed salmon), it is unlikely Authority: 16 U.S.C. 1361-1407; 16 U.S.C. received from the Tribes regarding the the electricity industry will experience 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- actions being implemented to conserve a ‘‘significant adverse effect’’ as a result 625, 100 Stat. 3500; unless otherwise noted. bull trout on Tribal lands and lands of critical habitat designation for bull other than Tribal lands. trout. The protection of bull trout stream 2. Amend § 17.95(e) by revising and lake habitats should not require critical habitat for ‘‘Bull Trout Energy Supply, Distribution, or Use significant changes to energy (Salvelinus confluentus)’’ as follows: Executive Order E.O. 13211 pertains management, and because bull trout § 17.95 Critical habitat—fish and wildlife. to regulations that significantly affect have been listed under the Endangered energy supply, distribution, and use. Species Act for the past 10 years, with * * * * * E.O. 13211 requires agencies to prepare critical habitat designated over parts of (e) Fishes. Statements of Energy Effects when its range for the past four years, and * * * * * undertaking certain actions. The Office there have been no actions that have Bull trout (Salvelinus confluentus) of Management and Budget (OMB) significantly affected energy supply, provides guidance for implementing distribution or use over that time. (1) Locations of critical habitat: this Executive Order, outlining nine Therefore, this action is not a significant Critical habitat units are depicted in the outcomes (criteria) that may constitute energy action, and no Statement of following States and counties on the ‘‘a significant adverse effect’’ when Energy Effects is required. However, we maps and as described below:

State Counties

(i) Idaho Adams, Benewah, Blaine, Boise, Bonner, Boundary, Butte, Camas, Canyon, Clearwater, Custer, Elmore, Gem, Idaho, Kootenai, Lemhi, Lewis, Nez Perce, Owyhee, Shoshone, Valley, Washington

(ii) Montana Deer, Lodge, Flathead, Glacier, Granite, Lake, Lewis and Clark, Lincoln, Mineral, Missoula, Powell, Ravalli, Sanders

(iii) Nevada Elko

(iv) Oregon Baker, Clatsop, Columbia, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Lane, Linn, Malheur, Morrow, Multnomah, Sherman, Umatilla, Union, Wallowa, Wasco, Wheeler

(v) Washington Asotin, Benton, Chelan, Clallam, Clark, Columbia, Cowlitz, Douglas, Franklin, Garfield, Grant, Grays Harbor, Island, Jefferson, King, Kittitas, Klickitat, Mason, Okanogan, Pend Oreille, Pierce, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, Walla Walla, Whatcom, Whitman, Yakima

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(2) Topographic features included in levels). This equates to the average life-history stage and form; geography; the critical habitat designation. Critical depth of the photic zone and is elevation; diurnal and seasonal habitat includes the stream channels consistent with the offshore extent of variation; shade, such as that provided within the designated stream reaches; the nearshore habitat identified National by riparian habitat; and local designated lakes and reservoirs; and Oceanic and Atmospheric groundwater influence. inshore portions of marine nearshore Administration in the National Tidal (vi) Substrates of sufficient amount, areas, including tidally influenced Datum 1983 Through 2001. This area size, and composition to ensure success freshwater heads of estuaries indicated between the MHHW line and minus 10 of egg and embryo overwinter survival, on the maps beginning with paragraph MLLW line is considered the habitat fry emergence, and young-of-the-year (e)(6) of this section. most consistently used by bull trout in and juvenile survival. A minimal (i) Critical habitat includes the stream marine waters based on known use, amount (e.g., less than 12 percent) of channels within the designated stream forage fish availability, and ongoing fine substrate less than 0.85 mm (0.03 reaches and a lateral extent as defined migration studies and captures in.) in diameter and minimal by the bankfull elevation on one bank to geological and ecological processes embeddedness of these fines in larger the bankfull elevation on the opposite important to maintaining these habitats. substrates are characteristic of these bank. Bankfull elevation is the level at This area contains essential foraging conditions. which water begins to leave the channel habitat and migration corridors such as (vii) A natural hydrograph, including and move into the floodplain and is estuaries, bays, inlets, shallow subtidal peak, high, low, and base flows within reached at a discharge that generally has areas, and intertidal flats. historic and seasonal ranges or, if flows a recurrence interval of 1 to 2 years on (3) The Primary Constituent Elements are controlled, they minimize the annual flood series. If bankfull (PCEs) of critical habitat. Within the departures from a natural hydrograph. elevation is not evident on either bank, critical habitat, the PCEs for bull trout (viii) Sufficient water quality and the ordinary high-water line must be are those habitat components that are quantity such that normal reproduction, used to determine the lateral extent of essential for the primary biological growth, and survival are not inhibited. critical habitat. The lateral extent of needs of foraging, reproducing, rearing (ix) Few or no nonnative predatory designated lakes is defined by the of young, dispersal, genetic exchange, or (e.g., lake trout, walleye, northern pike, perimeter of the water body as mapped sheltering. The PCEs are as follows: smallmouth bass; inbreeding (e.g., brook on standard 1:24,000 scale topographic (i) Springs, seeps, groundwater trout); or competitive (e.g., brown trout) maps. sources, and subsurface water species present. (ii) Critical habitat includes the connectivity (hyporehic flows) to (4) Critical habitat does not include inshore extent of critical habitat for contribute to water quality and quantity manmade structures (such as buildings, marine nearshore areas (the mean higher and provide thermal refugia. aqueducts, runways, roads, and other high-water (MHHW) line), including (ii) Migratory habitats with minimal paved areas) and the land on which they tidally influenced freshwater heads of physical, biological, or water quality are located existing within the legal estuaries. The MHHW line refers to the impediments between spawning, boundaries on the effective date of this average of all the higher high-water rearing, overwintering, and freshwater rule. heights of the two daily tidal levels. and marine foraging habitats, including (5) Critical habitat map units. Data Adjacent shoreline riparian areas, bluffs, but not limited to permanent, partial, layers defining map units were created and uplands are not designated as intermittent, or seasonal barriers. using U.S. Geological Survey (USGS) critical habitat. However, it should be (iii) An abundant food base, including Hydrologic Unit Code maps (HUCs) at a recognized that the quality of marine terrestrial organisms of riparian origin, scale of 1:250,000 down to the 4th level habitat along shorelines is intrinsically aquatic macroinvertebrates, and forage cataloging unit. In some cases, 5th and related to the character of these adjacent fish. 6th level HUCs were also used and some features, and human activities that (iv) Complex river, stream, lake, finer scale watersheds developed using occur outside of the MHHW line can reservoir, and marine shoreline aquatic United States Geological Survey 10- have major effects on physical and environments and processes with meter Digital Elevation Model and biological features of the marine features such as large wood, side 1:24,000 scale hydrography layers. The environment. The offshore extent of channels, pools, undercut banks and marine boundaries for the Puget Sound critical habitat for marine nearshore substrates, to provide a variety of and Olympic Peninsula critical habitat areas is based on the extent of the photic depths, gradients, velocities, and unit (CHU) were based on Washington zone, which is the layer of water in structure. Department of Natural Resources which organisms are exposed to light. (v) Water temperatures ranging from 2 1:24,000 scale county boundaries and Critical habitat extends offshore to the to 15 °C (36 to 59 °F), with adequate HUCs. depth of 10 meters (m) (33 feet (ft)) thermal refugia available for relative to the mean low low-water temperatures at the upper end of this (6) Index map of critical habitat units for (MLLW) line (average of all the lower range. Specific temperatures within this bull trout follows: low-water heights of the two daily tidal range will vary depending on bull trout BILLING CODE 4310–55–S

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(7) Unit 1: Olympic Peninsula Unit, (A) [Reserved for textual description (B) Note: Map of Critical Habitat for Washington. of unit.] the bull trout (Salvelinus confluentus), (i) Dungeness River Subunit. Dungeness River Subunit, follows:

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(ii) Elwha River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Elwha River Subunit, follows:

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(iii) Hoh River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Hoh River Subunit, follows:

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(iv) Queets River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Queets River Subunit, follows:

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(v) Quinault River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Quinault River Subunit, follows:

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(vi) Skokomish River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Skokomish River Subunit, follows:

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(vii) Hood Canal Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Hood Canal Subunit, follows:

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(viii) Strait of Juan de Fuca Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Juan de Fuca Subunit, follows:

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(ix) Pacific Coast Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Pacific Coast Subunit, follows:

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(x) Chehalis River/Grays Harbor (B) Note: Map of Critical Habitat for Chehalis River/Grays Harbor Subunit, Subunit. the bull trout (Salvelinus confluentus), follows: (A) [Reserved for textual description of unit.]

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(8) Unit 2: Puget Sound Unit, (A) [Reserved for textual description (B) Note: Map of Critical Habitat for Washington. of unit.] the bull trout (Salvelinus confluentus), (i) Chilliwack River Subunit. Chilliwack River Subunit, follows:

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(ii) Nooksack River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Nooksack River Subunit, follows:

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(iii) Skagit River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Skagit River Subunit, follows:

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(iv) Upper Skagit River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Upper Skagit River Subunit, follows:

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(v) Stillaguamish River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Stillaguamish River Subunit, follows:

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(vi) Samish River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Samish River Subunit, follows:

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(vii) Snohomish–Skykomish River (B) Note: Map of Critical Habitat for Snohomish–Skykomish River Subunit, Subunit. the bull trout (Salvelinus confluentus), follows: (A) [Reserved for textual description of unit.]

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(viii) Lake Washington Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Lake Washington Subunit, follows:

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(ix) Lower Green River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Lower Green River Subunit, follows:

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(x) Lower Nisqually River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Lower Nisqually River Subunit, follows:

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(xi) Chester Morse Lake Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Chester Morse Lake Subunit, follows:

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(xii) Puyallup River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Puyallup River Subunit, follows:

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(xiii) Puget Sound Marine Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Puget Sound Marine Subunit, follows:

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(9) Unit 3: Lower Columbia River (A) [Reserved for textual description (B) Note: Map of Critical Habitat for Basins Unit, Washington. of unit.] the bull trout (Salvelinus confluentus), (i) Lewis River Subunit. Lewis River Subunit, follows:

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(ii) Klickitat River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Klickitat River Subunit, follows:

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(iii) White Salmon River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] White Salmon River Subunit, follows:

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(10) Unit 4: Upper Willamette River (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Unit, Oregon. unit.] the bull trout (Salvelinus confluentus), Upper Willamette Unit, follows:

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(11) Unit 5: Hood River Unit, Oregon. (ii) Note: Map of Critical Habitat for (i) [Reserved for textual description of the bull trout (Salvelinus confluentus), unit.] Hood River Unit, follows:

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(12) Unit 6: Lower Deschutes River (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Unit, Oregon. unit.] the bull trout (Salvelinus confluentus), Lower Deschutes River Unit, follows:

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(13) Unit 7: Odell Lake Unit, Oregon. (ii) Note: Map of Critical Habitat for (i) [Reserved for textual description of the bull trout (Salvelinus confluentus), unit.] Odell Lake Unit, follows:

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(14) Unit 8: Mainstem Lower (i) [Reserved for textual description of Mainstem Lower Columbia River Unit, Columbia River Unit, Oregon and unit.] follows: Washington. (ii) Note: Map of Critical Habitat for the bull trout (Salvelinus confluentus),

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(15) Unit 9: Klamath River Basin (A) [Reserved for textual description (B) Note: Map of Critical Habitat for Unit, Oregon. of unit.] the bull trout (Salvelinus confluentus), (i) Upper Klamath Lake Subunit. Klamath Lake Subunit, follows:

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(ii) Sycan River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Sycan River Subunit, follows:

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(iii) Upper Sprague River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Upper Sprague River Subunit, follows:

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(16) Unit 10: Upper Columbia River (A) [Reserved for textual description (B) Note: Map of Critical Habitat for Basins Unit, Washington. of unit.] the bull trout (Salvelinus confluentus), (i) Methow River Subunit. Methow River Subunit, follows:

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(ii) Chelan River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Chelan River Subunit, follows:

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(iii) Entiat River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Entiat River Subunit, follows:

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(iv) Wenatchee River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Wenatchee River Subunit, follows:

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(17) Unit 11: Yakima River Unit. (ii) Note: Map of Critical Habitat for confluentus),Yakima River Unit, (i) [Reserved for textual description of the bull trout (Salvelinus follows: unit.]

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(18) Unit 12: John Day River Unit, (A) [Reserved for textual description Lower Mainstem John Day River Oregon. of unit.] Subunit follows: (i) Lower Mainstem John Day River (B) Note: Map of Critical Habitat for Subunit. the bull trout (Salvelinus confluentus),

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(ii) Middle Fork John Day River (B) Note: Map of Critical Habitat for Middle Fork John Day River Subunit Subunit. the bull trout (Salvelinus confluentus), follows: (A) [Reserved for textual description of unit.]

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(iii) North Fork John Day River (B) Note: Map of Critical Habitat for North Fork John Day River Subunit, Subunit the bull trout (Salvelinus confluentus), follows (A) [Reserved for textual description of unit.]

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(iv) Upper Mainstem John Day River (B) Note: Map of Critical Habitat for Upper Mainstem John Day River Subunit. the bull trout (Salvelinus confluentus), Subunit, follows: (A) [Reserved for textual description of unit.]

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(19) Unit 13: Umatilla River Unit, (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Oregon. unit.] the bull trout (Salvelinus confluentus), Umatilla River Unit, follows:

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(20) Unit 14: Walla Walla River Basin (i) Walla Walla River Subunit. (B) Note: Map of Critical Habitat for Critical Habitat Unit, Oregon and (A) [Reserved for textual description the bull trout (Salvelinus confluentus), Washington. of unit.] Walla Walla River Subunit, follows:

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(ii) Touchet River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Touchet River Subunit, follows:

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(21) Unit 15: Lower Snake River (A) [Reserved for textual description (B) Note: Map of Critical Habitat for Basins Unit, Washington. of unit.] the bull trout (Salvelinus confluentus), (i) Tucannon River Subunit. Tucannon River Subunit, follows:

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(ii) Asotin Creek Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Asotin Creek Subunit, follows:

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(22) Unit 16: Grande Ronde River (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Unit, Oregon and Washington. unit.] the bull trout (Salvelinus confluentus), Grande Ronde River Unit, follows:

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(23) Unit 17: Imnaha River Unit, (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Oregon. unit.] the bull trout (Salvelinus confluentus), Imnaha River Unit, follows:

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(24) Unit 18: Sheep and Granite (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Creeks Unit, Idaho. unit.] the bull trout (Salvelinus confluentus), Sheep and Granite Creeks Unit, follows:

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(25) Unit 19: Hells Canyon Complex (A) [Reserved for textual description (B) Note: Map of Critical Habitat for Unit, Oregon. of unit.] the bull trout (Salvelinus confluentus), (i) Indian Creek Subunit. Indian Creek Subunit, follows:

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(ii) Pine Creek Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Pine Creek Subunit, follows:

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(iii) Wildhorse River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Wildhorse River Subunit, follows:

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(26) Unit 20: Powder River Basin (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Unit, Oregon. unit.] the bull trout (Salvelinus confluentus), Powder River Basin Unit, follows:

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(27) Unit 21: Clearwater River Unit, (A) [Reserved for textual description Middle–Lower Fork Clearwater River Idaho. of unit.] Subunit, follows: (i) Middle–Lower Fork Clearwater (B) Note: Map of Critical Habitat for River Subunit the bull trout (Salvelinus confluentus),

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(ii) South Fork Clearwater River (B) Note: Map of Critical Habitat for South Fork Clearwater River Subunit, Subunit. the bull trout (Salvelinus confluentus), follows: (A) [Reserved for textual description of unit.]

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(iii) Selway River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Selway River Subunit, follows:

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(iv) Lochsa River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Lochsa River Subunit, follows:

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(v) North Fork Clearwater River (A) [Reserved for textual description (B) Note: Map of Critical Habitat for Subunit. of unit.] the bull trout (Salvelinus confluentus), North Fork Clearwater Subunit, follows:

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(28) Unit 22: Mainstem Upper (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Columbia River Unit, Oregon and unit.] the bull trout (Salvelinus confluentus), Washington. Upper Columbia River Unit, follows:

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(29) Unit 23: Mainstem Snake River (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Unit, Idaho, Oregon, and Washington. unit.] the bull trout (Salvelinus confluentus), Mainstem Snake River Unit, follows:

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(30) Unit 24: Malheur River Basin (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Unit, Oregon. unit.] the bull trout (Salvelinus confluentus), Malheur River Basin Unit, follows:

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(31) Unit 25: Jarbidge River Unit, (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Idaho and Nevada. unit.] the bull trout (Salvelinus confluentus), Jarbidge River Unit, follows:

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(32) Unit 26: Southwest Idaho River (A) [Reserved for textual description (B) Note: Map of Critical Habitat for Basins Unit, Idaho. of unit.] the bull trout (Salvelinus confluentus), (i) Weiser River Subunit. Weiser River Subunit, follows:

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(ii) Squaw Creek Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Squaw Creek Subunit, follows:

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(iii) North Fork Payette River Subunit. (B) Note: Map of Critical Habitat for North Fork Payette River Subunit, (A) [Reserved for textual description the bull trout (Salvelinus confluentus), follows: of unit.]

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(iv) Middle Fork Payette River (B) Note: Map of Critical Habitat for Middle Fork Payette River Subunit, Subunit. the bull trout (Salvelinus confluentus), follows: (A) [Reserved for textual description of unit.]

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(v) Upper South Fork Payette River (B) Note: Map of Critical Habitat for Upper South Fork Payette River Subunit. the bull trout (Salvelinus confluentus), Subunit, follows: (A) [Reserved for textual description of unit.]

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(vi) Deadwood River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Deadwood River Subunit, follows:

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(vii) Arrowrock Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Arrowrock Subunit, follows:

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(viii) Anderson Ranch Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Anderson Ranch Subunit, follows:

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(33) Unit 27: Salmon River Basin (A) [Reserved for textual description (B) Note: Map of Critical Habitat for Unit, Idaho. of unit.] the bull trout (Salvelinus confluentus), (i) Little-Lower Salmon Subunit. Little-Lower Salmon Subunit, follows:

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(ii) South Fork Salmon River Subunit. (B) Note: Map of Critical Habitat for South Fork Salmon River Subunit, (A) [Reserved for textual description the bull trout (Salvelinus confluentus), follows: of unit.]

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(iii) Middle Salmon River– (B) Note: Map of Critical Habitat for Middle Salmon River–Chamberlain Chamberlain River Subunit. the bull trout (Salvelinus confluentus), River Subunit, follows: (A) [Reserved for textual description of unit.]

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(iv) Middle Fork Salmon River (B) Note: Maps of Critical Habitat for Middle Fork Salmon River Subunit, Subunit. the bull trout (Salvelinus confluentus), follows. (A) [Reserved for textual description of unit.]

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(v) Middle Salmon–Panther River (B) Note: Map of Critical Habitat for Middle Salmon–Panther River Subunit, Subunit. the bull trout (Salvelinus confluentus), follows: (A) [Reserved for textual description of unit.]

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(vi) Lake Creek Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Lake Creek Subunit, follows:

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(vii) Opal Lake Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Opal Lake Subunit, follows:

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(viii) Lemhi River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Lemhi River Subunit, follows:

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(ix) Pahsimeroi River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Pahsimeroi River Subunit, follows:

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(x) Upper Salmon River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Upper Salmon River Subunit, follows:

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(34) Unit 28: Little Lost River Unit, (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Idaho. unit.] the bull trout (Salvelinus confluentus), Little Lost River Unit, follows:

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(35) Unit 29: Coeur d’Alene River (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Basin Unit, Idaho. unit.] the bull trout (Salvelinus confluentus), Coeur d’Alene River Basin Unit follows:

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(36) Unit 30: Kootenai River Basin (A) [Reserved for textual description (B) Note: Map of Critical Habitat for Unit, Idaho and Montana. of unit.] the bull trout (Salvelinus confluentus), (i) Kootenai River Subunit. Kootenai River Subunit, follows:

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(ii) Lake Koocanusa Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Lake Koocanusa Subunit, follows:

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(36) Unit 31: Clark Fork River Basin (A) [Reserved for textual description Priest Lakes and Upper Priest River Unit, Idaho, Montana, and Washington. of unit.] (Priest Lakes) Subunit, follows: (i) Priest Lakes and Upper Priest River (B) Note: Map of Critical Habitat for (Priest Lakes) Subunit. the bull trout (Salvelinus confluentus),

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(ii) Lake Pend Oreille, Pend Oreille (A) [Reserved for textual description Lake Pend Oreille, Pend Oreille River, River, and lower Priest River (Lake Pend of unit.] and lower Priest River (Lake Pend Oreille) Subunit (B) Note: Map of Critical Habitat for Oreille) Subunit, follows: the bull trout (Salvelinus confluentus),

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(iii) Lower Clark Fork River Subunit. (B) Note: Map of Critical Habitat for Lower Clark Fork River Subunit, (A) [Reserved for textual description the bull trout (Salvelinus confluentus), follows: of unit.]

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(iv) Middle Clark Fork River Subunit. (B) Note: Map of Critical Habitat for Middle Clark Fork River Subunit, (A) [Reserved for textual description the bull trout (Salvelinus confluentus), follows: of unit.]

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(v) Upper Clark Fork River Subunit. (B) Note: Map of Critical Habitat for Upper Clark Fork River Subunit, (A) [Reserved for textual description the bull trout (Salvelinus confluentus), follows: of unit.]

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(vi) Bitterroot River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Bitterroot River Subunit, follows:

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(vii) Rock Creek Subunit (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Rock Creek Subunit, follows:

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(viii) Blackfoot River Subunit. (B) Note: Map of Critical Habitat for (A) [Reserved for textual description the bull trout (Salvelinus confluentus), of unit.] Blackfoot River Subunit, follows:

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(ix) Clearwater River and Lakes (B) Note: Map of Critical Habitat for Clearwater River and Lakes Subunit, Subunit. the bull trout (Salvelinus confluentus), follows: (A) [Reserved for textual description of unit.]

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(x) Flathead Lake, Flathead River, and (B) Note: Map of Critical Habitat for Headwater Lakes (Flathead) Subunit Headwater Lakes (Flathead) Subunit. the bull trout (Salvelinus confluentus), follows: (A) [Reserved for textual description Flathead Lake, Flathead River, and of unit.]

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(xi) Swan River and Lakes (Swan) (B) Note: Map of Critical Habitat for Swan River and Lakes (Swan) Subunit, Subunit. the bull trout (Salvelinus confluentus), follows: (A) [Reserved for textual description of unit.]

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(xii) Hungry Horse Reservoir, South (A) [Reserved for textual description Hungry Horse Reservoir, South Fork Fork Flathead River and Headwater of unit.] Flathead River and Headwater Lakes Lakes (South Fork Flathead) Subunit. (B) Note: Map of Critical Habitat for (South Fork Flathead) Subunit, follows: the bull trout (Salvelinus confluentus),

(37) Unit 32: Saint Mary River Basin (i) [Reserved for textual description of (ii) Note: Map of Critical Habitat for Unit, Montana. unit.] the bull trout (Salvelinus confluentus), Saint Mary River Basin Unit, follows:

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* * * * * Dated: December 31, 2009 Eileen Sobeck, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2010–176 Filed 1–13–10; 8:45 am] BILLING CODE 4310–55–C

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